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October 17, 2017
Shakopee City Council pwakaj October 17,2017 7:00 PM SHAKO ' City Hall 485 Gorman St. 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. 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. Special Presentation- Rahr Donation to Fire Department 4. Approval of Agenda 5. 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. Administration *5. A.1. *Scheduled Replacement of Data Center Servers and Storage *5. A.2. *City Council Minutes B. Planning and Development *5. B.1. *Review of the Conditional Use Permit and Mineral Extraction and Land Rehabilitation Permit for Shakopee Gravel *5. B.2. *Rezoning of Property from Agricultural Preservation(AG) Zone to Urban Residential (R-113) Zone C. Public Works and Engineering *5. C.1. *Update City Code Section 54, Water Resources Management *5. C.2. *Declare a Cost to be Assessed and Establish a Public Hearing for the Page 1 of 320 2017 Street Reconstruction *5. C.3. *Award Contract for the Vierling Drive Utility Extension Phase 1 Project *5. C.4. *Amendment to WSB &Associates, Inc., Agreement for the Vierling Drive Extension *5. C.S. *Cooperative Construction Agreement and Limited Use Permit with the Minnesota Department of Transportation *5. C.6. *Local Road Improvement Program Grant Applications 6. 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. 7. Business removed from consent will be discussed at this time 8. Public Hearings S.A. Assessment Hearing on Delinquent Garbage/Refuse Bills from Republic Services, Res. No. 7944 8.13. Assessment Hearing on Delinquent False Alarms & Mowing Services, Res. No. 7945 S.C. Vacation of Certain Drainage and Utility Easements in Maple Trail Estates First and Second Additions 9. General Business A. Planning and Development 9. A.1. Advertise for Proposals for City Hall and Riverfront Site B. Public Works and Engineering 9. B.1. 225 Sommerville Street South Sanitary Sewer Project 9. B.2. Water Resources/Environmental Engineer C. Administration 9. C.1. Monthly Financial Review 10. Reports 10.ACity Bill List 10.B.Liaison and Administration Page 2 of 320 11. Adjournment to November 7, 2017 at 7:00 p.m. Page 3 of 320 *5.A.1. Pb9akA SHAKOPE: Shakopee City Council October 17, 2017 FROM: Andy Hutson, IT Director TO: Mayor and City Members Subject: Scheduled Replacement of data center servers, storage, and network devices. Policy/Action Requested: Approve the purchase of IT equipment through LOGIS for new servers, storage, and network devices for a maximum amount of$257,000. Recommendation: Approve purchase of IT equipment. Discussion: Server, storage, and network equipment has an industry replacement best practice of 3-5 years. The current age of our servers and storage is between 5-10 years old, depending on the device, and is in need of a refresh due to age, capacity, and sporadic hardware failures. The budgeted replacement project of data center equipment at both locations will: - Address pressures on current data storage capacity - Eliminate escalating annual maintenance costs on current equipment - Add additional site redundancy for business continuity - Standardize equipment increasing supportability - Leverage new technology to increase efficiency - Increase processing performance for current applications The next projected equipment refresh date will be Q4 of 2022 as the warranty and maintenance will expire at that time. This date will also maintain a consistent 5 year replacement cycle. Budget Impact: The dollar amount requested for replacement has been budgeted since the Q1 2012 purchase of our current storage devices and server purchases previous to 2012. This project will be Page 4 of 320 paid from existing funds within the IT Internal Service Fund and the total is under previously budgeted dollar amounts. Purchase of new equipment will eliminate an average of$35,000 per year, over the next 5 years, in escalating maintenance costs. Additional storage purchases would also be required year-to-year to meet growing capacity if not replaced. All new equipment includes a full 5-year maintenance warranty within this dollar request and is sized for 5 year data projections. Purchasing through LOGIS allows us to leverage previously negotiated best prices through the US Communities National Cooperative Purchasing Program. Page 5 of 320 *5.A.2. Pb9akA SHAKOPE: Shakopee City Council October 17, 2017 FROM: Lori J. Hensen, City Clerk TO: Mayor and Council Members Subject: City Council minutes of October 3, 2017 Policy/Action Requested: Approve the minutes from October 3, 2017 Recommendation: Approve the above motion. Discussion: Budget Impact: ATTACHMENTS: D October 03, 2017 Page 6 of 320 Shakopee City Council Minutes pwakaj October 3,2017 SHAKOPE7:00 PM . ' City Hall 485 Gorman St. Mayor Bill Mars presiding 1. Roll Call Present: Mayor William Mars, Councilmember Kathi Mocol, Councilmember Jay Whiting, Councilmember Matt Lehman, Councilmember Mike Luce Staff Present: Administrator Bill Reynolds, Assistant Administrator Nate Burkett, City Attorney Jim Thomson, Engineering and Public Works Director Steve Lillehaug, Finance Director Darin Nelson, Planning and Development Director Michael Kerski, Human Resources Director Jennifer Gabbard. Parks and Recreation Director Jamie Polley, Chief of Police Jeff Tate, City Clerk Lori Hensen 2. Pledge of Allegiance 3. Approval of Agenda Councilmember Jay Whiting made a motion to approve the agenda, seconded by Councilmember Kathi Mocol and the motion passed. 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.) Councilmember Matt Lehman made a motion to approve the consent agenda as presented, seconded by Councilmember Jay Whiting and the motion passed. 5 - 0 A. Administration *4. A.1. *City Council Minutes Approve the minutes from August 29 and September 19, 2017. (Motion was carried under consent agenda.) Page 7 of 420 *4. A.2. *Ratify Teamsters Union Contract for 2017-19 Approve resolution 7934, ratifying the Teamsters Union Contract for 2017-2019. (Motion was carried under consent agenda.) B. Planning and Development *4. B.1. *Set Public Hearing for Vacation of Certain Drainage and Utility Easements in Maple Trail Estates 2nd Addition Adopt Resolution No. 7935, a resolution setting the public hearing for the request to vacate certain drainage and utility easements in Maple Trail Estates 1 st and 2nd Additions. (Motion was carried under consent agenda.) C. Police *4. C.I. *Surplus Property Declare four vehicles as surplus property and authorize their disposal. (Motion was carried under consent agenda.) D. Public Works and Engineering *4. D.1. *Update City Code Chapters 50 and 90 Pertaining to Telecommunications and Small Cell Wireless Permitting Adopt Ordinance 970, repealing City Code sections 50.15 through 50.99 Telecommunications Permit. (Motion was carried under consent agenda.) Adopt Ordinance 971, amending City Code sections 90.30 through 90.99, Right-of- Way Management. (Motion was carried under consent agenda.) *4. D.2. *Drainage and Utility Easement Encroachment Agreements Approve drainage and utility encroachment agreement for 1328 Ridge Court (PID 274210400). (Motion was carried under consent agenda.) Approve drainage and utility encroachment agreement for 1668 Friesian Street South (PID 273901240). (Motion was carried under consent agenda.) Approve drainage and utility encroachment agreement for 1662 Friesian Street South (PID 273901250). (Motion was carried under 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 Page 8 of 420 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. Business removed from consent will be discussed at this time 7. Public Hearings 7.A. Vacation of Certain Alleys and Right-of-Ways Within and Adjacent to the Minnesota Correctional Facility Councilmember Jay Whiting made a motion to open the public hearing, seconded by Councilmember Matt Lehman and the motion passed. 5 - 0 Councilmember Jay Whiting made a motion to close the public hearing, seconded by Councilmember Kathi Mocol and the motion passed. 5 - 0 Councilmember Matt Lehman made a motion to approve resolution 7936, a resolution approving the vacation of certain alleys and rights-of-way within and adjacent to the MN Correctional Facility, seconded by Councilmember Kathi Mocol and the motion passed. 5 - 0 8. Recess for Economic Development Authority Meeting 9. Reconvene 10. Workshop IO.ADiscussion on Tax Increment Financing (TIF) 11. Reports 11.A.City Bill List 11.B.Liaison and Administration Page 9 of 420 12. Adjournment to October 17, 2017 at 7:00 p.m Councilmember Kathi Mocol made a motion to adjourn to October 17, 2017 at 7:00 p.m , seconded by Councilmember Jay Whiting and the motion passed. 5 - 0 Page 4(b64320 *5.B.1. Pb9akA SHAKOPE: Shakopee City Council October 17, 2017 FROM: Mark Noble, Senior Planner TO: Mayor and Council Members, William H. Reynolds, City Administrator Subject: Review of the Conditional Use Permit and Mineral Extraction and Land Rehabilitation Permit for Shakopee Gravel Policy/Action Requested: Accept the review of the permit as conditioned in approved Resolution No. 7272, and direct the applicant to work with City Engineering to address their concerns and/or requests. Recommendation: Staff Recommendation Staff recommends the City Council accept the review of the permit as conditioned in approved Resolution No. 7272, and that the applicant work with City Engineering to address their concerns and/or requests. Board of Adjustment and Appeals Recommendation The BOAA reviewed this application at their October 5,2017 meeting, and by a 5-0 vote, recommended to the City Council the acceptance of the review of this permit as conditioned in approved Resolution No. 7272, and that the applicant work with City Engineering to address their concerns and/or requests. Discussion: Introduction Shakopee Gravel, Inc. has submitted an application for the 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 their approved Resolution includes a requirement that the permits be reviewed annually. 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. Page 11 of 320 7272, upholding the BOAA determination). The conditions contained in the adopted resolution are listed below with planning staff's review/comments following in italics. The Council 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 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 BOAR 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. 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. Page 12 of 320 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. 7. Two diesel tanks and two propane tanks for the storage of fuel shall be pennitted 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 2016 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, with a significant increase in imported material occurring within the past year. The applicant's Engineer has been in contact with staff to discuss an end use plan, with a conceptual plan included with this report. This end use plan will be discussed in conjunction with the 2040 Comprehensive Plan Update currently being considered by the City. Page 13 of 320 10. Applicant shall establish and maintain a monitoring well on the Property for ground water quality monitoring, and if/when Shakopee Public Utilities Commission (SPUC) 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 MP CA 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 C SAH 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 Page 14 of 320 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. Staff have not noticed any issues with the existing berms, and they 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 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. Engineering staff have requested that the applicant provide the city a copy of its National Pollutant Discharge Elimination System (NPDES)permit. Page 15 of 320 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. They have been notified by Scott County and the City staff in the past, and City Engineering referenced in their recent memo a request to keep 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: The applicant has also shared that some of this material may have come from the adjacent property, and the applicant has shared this issue with that property owner: Planning staff did receive comments from City Engineering. 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; specifically requesting the applicant provide certification that the property meets any and all standards set by the MPCA or govermnent board that regulates mine reclamation. Budget Impact: N/A ATTACHMENTS: D ResolutionNo. 7272 D Site Aerial D Future Concept Plan D Site Plan - Product Location and Pit Edge D 2013 Earthwork Plan D 2014 Earthwork Plan D 2015 Earthwork Plan D 2016 Earthwork Plan D Applicant Narrative D Engineering Memo Page 16 of 320 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, Milltijaukee, 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: Page 17 of 320 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. Page 18 of 320 } 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 Mi 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. Page 19 of 320 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 (MIN) `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 Page 20 of 320 Ili 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 Page 21 of 320 N 1 'a. J Aw rvv ""fir Im�'41 WIWKK ��t 4 >�l j� �f / I r I I I rul urr� �I i ; r ION c �II ➢° m A i ,y t ; I � waw fI oi�rr r 1 1 yf f ' IMAM i / cn °i e I /n I � r 9 li � u w I 0 771 �Y I$low a9m�Yl fwii P �. 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J/ �� ,. � �. �� �u��: p /i r,. � �V� � ooV°�q� '�8 riw o, ��, 'k'��, i � if �� / �iij�%/�/�j �/////;�j��/ ���� �, //�%, , ;xr�j f�/�l i i iii//// � � iiiii 11 �, iii � � %%/��%���j f , , -; ���i, l %�%% ' ,�//� � ��viii'//% pii ��/ r, i �/1 ' j i � ,I � �f �. r� ,, i", ��°��o D a; � ;, i� � �A � � �°` , i X000� �� � r � �E„��, 1 �� �� ,. � �. �� �u��: p /i r,. � �V� � ooV°�q� '�8 riw o, ��, 'k'��, Stantec Consulting Services Inc. StanteC 2335 Highway 36 West,St.Paul MN 55113.3819 August 1, 2017 File: 193801541 Attention: Mark Noble, Planner Board of Adjustment & Appeals City of Shakopee 129 Holmes Street Shakopee, Minnesota 55379 Dear Members, Reference: Annual Review of the Shakopee Gravel CUP/Mineral Extraction and Land Rehabilitation Application Attached for your review is a graphic illustrating the location of the active pit edge and the areas where reclamation has occurred in the past year. I have also sent the comparable exhibits from the three previous years. You will note that the amount of material exported from the site has consistently declined and the amount of imported material has consistently increased.This past year a total of 149,949 yards, or 202,634 tons of material have been exported from the pit. A total of 376,687 yards, or 508,527 tons of material have been imported, placed, and compacted. This is 2'/2 times more import than export. All the operations and activities are proceeding in accordance with the approved CUP. We will attend your meeting to answer any questions you may have. Finally, I know that the City is in the process of preparing your 2040 Comprehensive Plan Update. As we are approaching the completion of mining activities, our attention is increasingly focused on the end use for this land. The owners have been approached by buyers who are interested in developing the land very much like the attached End Use Plan and others who have suggested a larger Business/Commercial footprint. None of these discussions have progressed to an offer stage, but the time is coming. Design with corn rra.Nfy/un mMd Page 29 of 320 4 August 1,2017 Mark Noble, Planner Page 2 of 2 Reference: Annual Review of the Shakopee Gravel CUP/Mineral Extraction and Land Rehabilitation Application We would welcome the opportunity to meet with staff and consultants to discuss the appropriate land use designation for the Shakopee Gravel property. Sincerely yours, Stantec Consulting Services, Inc. eohn W. Shardlow, FAICP Senior Principal Phone: (651) 967-4560 Fax: (651) 636-1311 John.Shordlow@stantec.com Attachments: CUP/Mineral Extraction & Land Rehabilitation Annual Review Application Site survey 2016 Annual Earthwork Summary Graphic c. Bert Notermann Joel Speer Jack Perry NW9n Mh commurffy h rnh'id Page 30 of 320 City ofShakopee Memorandum TO: Mark Noble,Senior Planner FROM: Micah Heckman,Graduate Engineer SUBJECT: Conditional Use Permit—Annual Review(Shakopee Gravel) PID#: 27-916010-2, 27-9I60II-0, 27-917003'0 CASELOG#: 17049 SUQ}LEDGER#; Not Applicable DATE; September Z1,2O17 The application indicates m request for an annual review of Conditional Use Permit (CUP} held byShakopee Gravel, Inc. The property islocated southwest ofthe intersection between 17mAvenue (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. Engineggn 1. Adjacent streets, sidewalks and traits will be kept free of any offsite sediment tracking. The applicant will be responsible for regular street sweeping. 2' Turf will beestablished onsite per requirements set forth bythe National Pollutant Discharge and Elimination System /NPDES\ permit program. 3. Erosion control measures will be installed, inspected and maintained per requirements set forth bythe NPDESpermit program. 4. Slopes of berms will comply with requirements set forth in the City ofShahmpme's Design Criteria. S. The site will comply with requirements set forth in the City of Shakopee'S Comprehensive Water Resource Management Plan /CVVRWYPL 5. Approval mfthe CUP does not constitute approval ofthe submitted plans. 7. Applicant shall provide certification that the property meets any and all standards set bythe K4P[Aqrgovernment board that regulates mine reclamation. 8. Applicant to provide the city a copy of its National Pollutant Discharge Elimination System (NPDES) permit. 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. H:VNG\T)VALOPMM RrO9W\%aOCnunry Road 83 1Shakop"Grav&l CUP—Sh-k G--1A-n--[keu 092117.docx *5.B.2. Pb9akA SHAKOPE: Shakopee City Council October 17, 2017 FROM: Mark Noble, Senior Planner TO: Mayor and Council Members, William H. Reynolds, City Administrator Subject: Rezoning of Property from Agricultural Preservation (AG) Zone to Urban Residential (R- 1 B) Zone Policy/Action Requested: Approve the Rezoning of Property from Agricultural Preservation (AG) Zone to Urban Residential (R-1 B) Zone. Recommendation: Planning Commission Recommendation The Planning Commission reviewed this application at their October 5, 2017 meeting, and recommended approval by a unanimous vote (5-0). Discussion: Site Information Applicant: Prairie Meadow, LLC Property Owner: Prairie Meadow, LLC Location: 1395 Wood Duck Trail Current Zoning: Agricultural Preservation (AG) Zone Adjacent Zoning: North: Agricultural Preservation (AG) Zone South: Rural Residential (RR) Zone East: Rural Residential (RR) Zone West: Low-Density Residential (R-IA) Zone Comp. Plan: Single-Family Residential Lot Size: 8.68 Acres Introduction Prairie Meadow, LLC has made application for a Rezoning from Agricultural Preservation (AG) Zone to Urban Residential (R-1 B) Zone. The subject property is generally located Page 33 of 320 north of Wood Duck Trail, west of Marschall Road and south of Meadow Lane in the Agricultural Preservation (AG) Zone. The property currently is used as a single-family residence. This parcel, along with several others located south of Valley Creek Crossing 2nd Addition and north of Timber Trails, was included in a recent extension of Jennifer Lane that now connects these two (2) subdivisions, along with extended services along this new corridor. Attached to this report is a preliminary concept plan for this subdivision, a conceptual stormwater/drainage plan, and an aerial which identifies the recently approved residential subdivision just to the north (Prairie Meadows). The applicant has submitted a rezoning request for a single-family residential development, similar to the existing Prairie Meadows, and should this request be approved, will proceed with the submittal of a Plat application roughly based on the concept plan for this particular parcel. There remains one property adjacent to this request where the current property owners have no interest in pursuing additional development at this time. If in the future they would like to develop their property, staff will work with the developer(s) on a layout that will generally be consistent with the layout shown on the conceptual stormwater/drainage plan. Planning staff did receive comments from SPDC, whom noted that the applicant shall contact them to discuss requirements to receive water and electric service for development of this property. Also attached to this report is a letter from the developer, which notes comments that were raised at their neighborhood meeting. The developer's concept plan identifies parcels that appear to comply with the required design standards for this zone. Detailed review of the project will occur at time of Platting, should this request be approved. Findings - Rezoning The criteria required for the granting of a Zoning Ordinance Amendment are listed below for the Council's consideration. Criteria #1 That the original Zoning Ordinance is in error; Finding #1 The original Zoning Ordinance is not in error: Criteria #2 That significant changes in community goals and policies have taken place; Finding #2 Significant changes in community goals and policies have taken place. The demand for single family development in this area of the city has increased. Combined with the fact that street and utility improvements have occurred in this area, development consistent with what is proposed is appropriate. Page 34 of 320 Criteria #3 That significant changes in City-wide or neighborhood development patterns have occurred; or Finding #3 Significant changes in development patterns have occurred. What once was a rural residential area is now an area that is viewed as an attractive residential development area because of the location and the availability of services and street improvements. There are limited remaining parcels for single family residential within the City. Criteria #4 That the comprehensive plan requires a different provision. Finding #4 The Comprehensive Plan does not require a different provision. The Comprehensive plan guides this property as single family residential, which is consistent with the developer 's concept. Budget Impact: N/A ATTACHMENTS: D Ordinance No. 973 D Site Aerial D Concept Plan D Conceptual Stormwater/Drainage Plan D Neighborhood Comments Page 35 of 320 ORDINANCE NO. 973 AN ORDINANCE OF THE CITY OF SHAKOPEE,MINNESOTA, AMENDING THE ZONING MAP ADOPTED IN CITY CODE SEC. 151.003 BY REZONING PROPERTY AT 1395 WOOD DUCK TRAIL FROM AGRICULTURAL PRESERVATION(AG) ZONE TO URBAN RESIDENTIAL(R-1B)ZONE WHEREAS,Prairie Meadow, LLC, applicant and property owner,has applied to rezone the property at 1395 Wood Duck Trail from Agricultural Preservation(AG) Zone to Urban Residential (R-1B) Zone; and WHEREAS, the property is legally described as: That part of the South 332.00 feet(as measured at right angles) of the Southwest Quarter of the Northeast Quarter(SW'/4 of the NE'14) of Section 19, Township 115, Range 22, Scott County, Minnesota lying Northeasterly of'the.following described line: Commencing at the Southwest Corner of said Southwest Quarter of the Northeast Quarter; thence North along the West line thereof a distance of 20.00 feet to the point of beginning of the line described; thence Southeasterly to a point on the South line of said Southwest Quarter of the Northeast Quarter distant 20.00 feet Easterly of the Southwest corner thereof and there terminating; and WHEREAS, notices were duly sent and posted, and a public hearing was held before the Planning Commission on October 5,2017, at which time all persons present were given an opportunity to be heard; and WHEREAS, the Planning Commission has recommended to the City Council that the subject property be rezoned as stated; and WHEREAS, the City Council heard the matter at its meeting on October 17,2017; and NOW, THEREFORE BE IT ORDAINED,that the City Council of the City of Shakopee hereby adopts the following findings of facts relative to the above-named request: Criteria#1 The original zoning ordinance is in error. Finding#1 The original Zoning Ordinance is not in error. Criteria 42 Significant changes in community goals and policies have taken place. Finding#2 Signfcant changes in community goals and policies have taken place. The demand for single family development in this area of the city has increased. Combined with the fact that street and utility improvements have occurred in this area, development consistent with what is proposed is appropriate. Criteria 43 Significant changes in development patterns have occurred. Finding#3 Significant changes in development patterns have occurred. This specific site is viewed as an attractive residential development area because of the location and the availability of services 1 Page 36 of 320 and street improvements. There are limited remaining parcels for single family residential within the City. Criteria#4 The Comprehensive Plan requires a different provision. Finding#4 The Comprehensive Plan does not require a dff provision. The Comprehensive plan guides this property as single,family residential, which is consistent with the developer's concept. BE IT FURTHER ORDAINED, that the request to rezone the property as stated in this ordinance is hereby approved. Passed in regular session of the City Council of the City of Shakopee, Minnesota held this 17`h day of October, 2017. Mayor of the City of Shakopee Attest: Lori Hensen, City Clerk Published in the Shakopee Valley News on the day of 120 2 Page 37 of 320 Vpp pp i h r,. Ill, r � � u e � K k. i ltlrr��rrrRrr��,�;wmmmmVwluio o;? �� r „�,<,%,+r,�i✓Hr�y� �,,,�/p%lr��,U/D��/,11GL: fuW�Yd�tr���1�1sNlr �°� iN tl A i f „ I SII l „ ISI .P r? I n f d� 6 Page 38 of 320 ------------------------------------------------ ...... -a-tip----------------------- 11 .. ( M / qLL ........... 6 M fi f ' f f 11 y` I I ptl ttf� I � i f, v � w 4 cli k R G O NNINI ( � � d - taM r� e r ppm fir l�'�""jo"•'•' �� ., G � a ° `f�)r ���" �l J��' �f " f } a+tiwmh r " " C N00°3.fi'28T 136.00 1 rq N00°33"28'E 1,;' 00 13'9.67 ...... r •��► L-142.69 L=70.09 u LOpl 49110 1 14 � Don nay Homes, Inc. 9655-63 rd Avenue North,Maple Grove,Minnesota 55369 Builder #594838, #594839 RE: 1395 Wood Duck Trail September 27, 2017 At the Neighborhood Meeting of September 21, 2017 we presented the Re-zoning and a possible layout to those assembled. Comments from the Neighborhood: • Neighbors on Wood Duck would like us to save as many trees along the Common Lot Line as possible. • Neighbors appreciated the use of the private drive, o however Dennis Purcell noted there may be some `ownership' issues for it. He also expressed concern regarding the future disposition of that drive as it relates to his access. o Also, neighbors at the NW corner of Wood Duck and Marschall noted they will bear the brunt of the traffic • Neighbors on Wood Duck commented about the speed of people driving onto Wood Duck from Marschall. • Neighbors on Wood Duck asked if they would be required to connect to City Utilities. • Neighbors asked about the price point and style of homes for the new addition Sincerely, Steven Behnke, Sr. Project Manager Donnay Homes, Inc. 763-531-0714 Page 41 of 320 *5.C.1. Pb9akA SHAKOPE: Shakopee City Council October 17, 2017 FROM: Steve Lillehaug, Public Works Director/City Engineer TO: Mayor and Council Members Subject: Update City Code Chapter 54 and City Design Criteria Pertaining to Water Resources Management. Policy/Action Requested: 1. Adopt Ordinance 972, amending City Code Chapter 54, Water Resources Management. 2. Adopt Resolution 7933, amending Design Criteria for Chapter 150 of the City Code, Subdivision Regulations. Recommendation: Adoption of Ordinance 972 and Resolution 7933. Discussion: As part of the Clean Water Act, the city is required to permit through the Minnesota Pollution Control Agency (MPCA) under the National Pollutant Discharge Elimination System through the Municipal Separate Storm Sewer Systems (MS4) program, which requires us to prepare, manage, and maintain a Storm Water Pollution Prevention Program. A requirement of our current permit that was approved in 2014 by the MPCA was to update the city's ordinances to meet certain minimum conditions pertaining to post- construction storm water management (e.g. surface water resources management ordinances).This update was required to be completed by 2015. On March 9, 2017, the MPCA performed an MS4 audit on the City of Shakopee. From this audit, the MPCA identified a violation for the failure to include certain surface water and erosion control measures to ensure proper implementation and enforcement conditions within the city's regulatory mechanism. The city's regulatory mechanism includes City Code Chapter 54 Water Resources Page 42 of 320 Management and the city's Design Criteria, which includes the technical provisions and design standards. In accordance with the MPCA requirements, City Code Chapter 54 and the Design Criteria have been revised to meet the requirements of the MS4 general permit. Budget Impact: No budget impacts. ATTACHMENTS: D MPCA Alleged Violation letter D City response letter D Ordinance 972 Red-lined D Ordinance 972-Final D Design Criteria Red-lined D Design Criteria - Final D Resolution 7933 Page 43 of 320 0/00/1111.111/ 520 Lafayette Road NorthI I St.Paul,Minnesota 55155-4194 651-29 � 'augHAu�isuuhwaau 6-6300 �usu n �w 800-657-3864 1 Use your preferred relay service I info.pca@state.rnn.us I Equal Opportunity Employer April 20, 2017 The Honorable Bill Mars Mayor, City of Shakopee 129 Holmes St. S. Shakopee, MN 55379 RE: Alleged Violations Letter City of Shakopee, Scott County Dear Mayor Mars: On March 9, 2017, the Minnesota Pollution Control Agency(MPCA) staff conducted an audit of the City of Shakopee's Stormwater Pollution Prevention Program (SWPPP) under the National Pollutant Discharge Elimination System/State Disposal System (NPDES/SDS) Small Municipal Separate Storm Sewer System (MS4) General Permit (MS4 Permit) and identified the following alleged violations. This letter describes actions you should take to correct the violations. Please respond within ten days with facts or circumstances we should consider in determining whether and what level of enforcement action is appropriate. Page numbers of the MS4 Permit are included so you can easily find information related to the alleged violations. Alleged Violations National Pollutant Discharge Elimination System/State Disposal System (NPDES/SDS) Small Municipal Separate Storm Sewer System (MS4) General Permit(MS4 Permit) [MNR0400001 1. Failure to inspect and document each site inspection using an inspection checklist or other written means as required under Part III.D.4.f.(2) (page 14). 2. Failure to revise the existing Post-Construction Stormwater Management program to include a regulatory mechanism(s)that incorporates the requirements under Part III.D.5.a.(1)-(4) (pages 15-17). See the items marked 'Noncompliant' in Appendix B of the audit report for further details. t-enf-iii-2a • 12114116 Page 44 of 320 The Honorable Bill Mars Page 2 April 20, 2017 Corrective Actions 1. Effective immediately, begin documenting each site inspection using an inspection checklist or other written means as required under Part III.D.4.f.(2) (page 14). 2. Effective immediately, initiate revisions to the Post-Construction Stormwater Management program to include a regulatory mechanism(s)that incorporates the requirements under Part III.D.5.a.(1)-(4) (pages 15-17). Responding to this letter and completing the corrective actions does not prevent us from issuing an enforcement action.We reserve the right to pursue any and all remedies available under law as an appropriate response to these violations. Please contact me at 651-757-2880 or by email at cole.landgraf@state.mn.us if you have any questions or need assistance. Sincerely, This document has been electronically signed. Cole Landgraf Environmental Specialist 3 Stormwater Section Municipal Division CL:lam Enclosure cc: Bruce Loney, City of Shakopee (w/enclosure) Jean Coleman,Attorney, MPCA(w/enclosure) Duane Duncanson, MPCA (w/enclosure) Brian Green, MPCA(w/enclosure) Deb Klooz, MPCA(w/enclosure) Activity ID PEN20170002 @ Al ID 90344 Page 45 of 320 April 28, 2017 SI-1AK01 EE Mr. Cole Landgraf Environmental Specialist 3 AIA Y f Minnesota Pollution Control Agency If 520 Lafayette Road North St. Paul, MN 55155 Re: Alleged Violations Letter City of Shakopee Dear Mr. Landgraf-. On behalf of the City of Shakopee, this is our written response to the Alleged Violations Letter that was received on April 20, 2017. The findings of the Alleged Violations Letter dated April 20, 2017 identified two items that were considered alleged violations as a result Of the Municipal Separate Storm Sewer System (MS4) compliance audit that was conducted on March 9, 2017. Below are the corrective actions that have been completed within the requested timeframes for the two alleged violation items: 1. Effective immediately, begin documenting each site inspection using an inspection checklist or other written means as required under Part III.D.4.f.(2)(page 14). Corrective Action Completed 0412612017 The City, along with their designee, will initiate construction site inspections using the inspection checklist that is included in the written procedures for Minimum Control Measure (MCM) 4.- Construction Site Stormwater Management. All inspections will be documented in accordance with the written procedure for MCM 4.- Construction Site Stormwater Management. 2. Effective immediately, initiate revisions to the Post-Construction Stormwater Management program to include a regulatory mechanism(s)that incorporates the requirements Linder Part lll.D.5.a.(1)-(4)(pages 15-17). Corrective Action Completed 0412612017 A draft of the revised Water Resources Management Ordinance has been prepared and is under final review with City staff. The draft language provided in the Water Resources Management Ordinance is intended to meet the Post-Construction Stormwater Management program requirements. It is anticipated that the draft ordinance language will be presented to the City Council as soon as the final review by staff is complete. The estimated final adoption date is July 2017. COMMUNITY PIS DF" 18,57 129 Holmes Strect South - Sjjjk()pcc, Minnesota - 55.-79-1351 - 952-233-9'3 00 - FAX 952-233-.3801 Page 46 of 320 This concludes the required actions that were to occur as specified in the Alleged Violations Letter. Please contact nnca1952-233-936l or by ernail at bloney@ShakopeeMN.govifYouhuveuuyquca(ions. Sincerely, Bruce Loney, 9uhho���rksLli,cc{or City ofShakopee CC: Hon. Bill Mare, Mayor-City ofShakopee Jennifer Hildebrand-WSB &Associates Environmental Compliance Group Manager Page 47o,ozo ORDINANCE NO. 972 AN ORDINANCE OF THE CITY OF SHAKOPEE, MINNESOTA AMENDING SHAKOPEE CITY CODE CHAPTER 54,WATER RESOURCES MANAGEMENT THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, ORDAINS: Section 1. Chapter 54 of the Shakopee City Code is amended to read as follows: CHAPTER 54: WATER RESOURCES MANAGEMENT General Provisions 54.01 Title 54.02 Purpose 54.03 Scope 54.04 Application of this chapter 54.05 Severability 54.06 hicomoration by Reference Stormwater Management 54.14 Definitions 54.15 Stormwater management plan 54.16 Stormwater and urban runoff pollution control 54.17 Lawn fertilization restrictions Wetland Management 54.30 Areas affected 54.31 Wetland assessment and delineation 54.32 Wetland buffers 54.33 Structure setbacks Erosion and Sediment Control 54.45 Erosion control plan 54.46 Process 54.47 Implementation of an erosion control plan 54.48 Financial security 54.49 Inspection of erosion control plan 54.50 Application review and inspection fees 54.51 Notification of failure of erosion control plan 54.52 Erosion off-site 54.53 Erosion into streets, wetlands, or water bodies 54.54 Failure to do corrective work 54.99 Penalty Cross-reference: Storinwcater, see Ch. 53 1 Page 48 of 320 GENERAL PROVISIONS § 54.01 TITLE. This chapter shall be known and may be referred to as the "Water Resource Ordinance" or the "Water Resource Chapter". When referred to herein it shall be known as "this ehapterChapter". (2013 Code, § 16.01) (Ord. 807, passed 9-25-2008) § 54.02 PURPOSE. (A) This e Cha ter is established to promote, preserve and enhance natural resources within the city and protect them from adverse effects occasioned by poorly-sited development or incompatible activities by regulating land disturbing or development activities that would have an adverse and potentially irreversible impact on water quality and unique or fragile environmentally sensitive land. (B) This eheptef�Chapter minimizes conflicts and encourages compatibility between land disturbing and development activities and environmentally sensitive lands. By requiring detailed review standards and procedures for land disturbing or development activities proposed for such areas, this chapter achieves a balance between urban growth and development and the protection of water and natural resources within the city. (2013 Code, § 16.01) (Ord. 807,passed 9-25-2008) § 54.03 SCOPE. (A) Applicability. (1) Every applicant for subdivision approval, a conditional use permit, or a grading permit to allow land disturbing activities must submit a stormwater management plan to the Engineering Division of the city's Public Works Department. The stormwater management plan shall be submitted with the land use application, grading permit application, or as directed by the Public Works Director. No subdivision approval or grading permit will be issued until approval of the stormwater management plan or a waiver has been obtained in conformance with the provisions of this chapter. (2) Every applicant for subdivision approval or a grading permit that involves wetland disturbing activities or work near wetlands must submit a wetland assessment and delineation report to the Engineering Division. The wetland assessment and delineation report shall be submitted with the land use application, grading permit application, or as directed by the Public Works Director. No subdivision approval or grading permit will be issued until approval of the wetland replacement plan application or a certificate of exemption has been obtained in conformance with the provisions of this chapter and the State Wetland Conservation Act of 1991, M.S. § 103G.222 through 103G.2375, as they may be amended from time to time, ("WCA"). 2 Page 49 of 320 (3) Every applicant for a building permit, subdivision approval, conditional use permit, or a grading permit must submit an appti^ieff-fi)ran erosion control plan to the Engineering Division. The erosion control plan shall be submitted with the building permit application, land use application, grading permit application, or as directed by the Public Works Director. No grading permit or building permit will be issued until approval of the erosion control plan has been obtained in conformance with the erosion control measures, standards, and specifications contained in the State Pollution Control Agency publication, AFea&Mlnnesota S"tormwater Manual, or as otherwise approved by the Public Works Director. (4) Construction, improvement, repair, or alteration of bridges, culvert crossings, driveways, roads,or utilities must obtain a grading permit if the activity involves crossing or impacting a watercourse with a tributary area in excess of 100 acres. The applicant shall provide documentation prepared by an engineer demonstrating that the hydraulic capacity of the watercourse conforms to the city's comprehensive water resources management plan and that activities improve watercourse stability. (B) Exemptions. The provisions of this chapter do not apply to: (1) Any part of a subdivision if a preliminary plat for the subdivision that has been approved by the City Council on or before the effective date hereof, (2) Any land disturbing activity for which plans have been approved by the watershed management organization having jurisdictional control of the land within 6 months prior to the effective date hereof; (3) Installation of fence, sign, telephone, and electric poles and other kinds of posts or poles; _xea-vations OF land moving aetivffles iffVolving less than 4 Emergency work to protect life, limb, or property. (C) Waiver. The Public Works Director may waive any of the requirements of this chapter upon making a finding that compliance with the requirement will involve an unnecessary hardship and the waiver of such requirement will not adversely affect the water quality and natural resources of the city or adversely impact environmentally sensitive land. The Public Works Director may require as a condition of the waiver that the applicant dedicate easements or construct certain facilities as the Public Works Director deems necessary. (2013 Code, § 16.01) (Ord. 807, passed 9-25-2008) § 54.04 APPLICATION OF THIS CHAPTER. (A) In their interpretation and application, the provisions of this chapter shall be the requirements for the promotion of water resource management within the city. 3 Page 50 of 320 (B) Where any provision of this chapter is either more restrictive or less restrictive than a comparable provision imposed by any other code, ordinance, statute, rule, or regulation of any kind, the more restrictive provision, or the provision which imposes a higher standard or requirement shall prevail. (C) Words or terms defined in this chapter shall have the meanings assigned to them unless such meaning is clearly contrary to the intent of this chapter. The present tense shall include the past and future tenses. (2013 Code, § 16.01) (Ord. 807, passed 9-25-2008) 54.05 SEVERABILITY. Every section of this Chapter is declared separable from every other section. If any section is held to be invalid by competent authority, no other section shall be invalidated by such action or decision. § 54.06 INCORPORATION BY REFERENCE. The followinu are herebv incorporated into this Chapter by reference: (A) The National Pollutant Discharge Elimination System Permit, MN 8.100001 (NPDES Construction General Permit) issued by the Minnesota Pollution Control Agency, August 1 2013, as amended. The NPDES Construction General Permit is incorporated into this chapter by reference. B) The city's Design Criteria document. These standards shall serve as the official guide for stormwater principles, methods, and practices for proposed development activities. The city's Design Criteria document is incorporated into this Chapter by reference. STORMWATER MANAGEMENT § 54.14 DEFINITIONS. For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning. APPLICANT. Anyperson who wishes to obtain a building permit,zoning or subdivision approval. BEST MANAGEMENT (BMP). Practices to reduce the volume of runoff, and improve water quality, to prevent pollution of waters of the state. Best Management Practices are designed to reduce stormwater runoff volume,peak flows, and nonpoint source pollution through evapotranspiration, infiltration, detention, and filtration, and may include activities, prohibitions of practices, treatment requirements, operating procedures, and other management practices. CONSTRUCTION ACTIVITY. Any disturbance to the land that results in a change in the topography, existing soil cover, or the existin4 soil topo raphy that mav result in accelerated 4 Page 51 of 320 star mwaterrunof_f including clearing, grading, filling, and excavating. CONTROL MEASURE. A practice or combination of practices to control erosion and attendant pollution. FLOOD FRINGE. The portion of the flood Plain outside of the flood way_ FLOOD PLAIN. The areas adjoinin a watercourse or water basin that have been or�mq be covered by a regional flood. FLOOD WAY. The channel of the watercourse, the bed of water basins, and those portions o the qdioinim4 flood Plains that are reasonably required to carry and discharge flood water and provide water storage during, a regional flood. HYDRIC SOILS. Soils that are saturated, flooded, or ponded long enough during thegrowing season to develop anaerobic conditions in the jMggr�qrt. HYDROPHYTIC VEGETATION. Macrophylic plant lifegrowing; in water, soil, or on a substrate that is at least periodically deficient in oxygen as a result of excessive water content. IMPERVIOUS SURFACE. Any surface area that releases as runoff all or a majority of the Precipitation that falls on it. Impervious surface includes rooftops, sidewalks, driveways, parking lots, and streets unless specifically designed, constructed, and maintained to be pervious. LAND DISTURBING OR DEVELOPMENT ACTIVITIES. Any change of the land surface including removin2 vegetative cover, excavating, filling grading, and the construction of any structure. NEW DEVELOPMENT. Any construction activity that is not defined as redevelopment. PERSON. Any individual, firm, corporation, partnership, franchisee, and association. PERVIOUS SURFACE. Any surface area that allows infiltration of all or the majority of the precipitation that falls on it. Pervious surfaces include turf2rass,rain gardens, plantim!beds, and other infiltration BMPs. PLAN. A storm water management plan governed by this chapter. PUBLIC WATERS. Waters of the state as defined in M.S. § 1.03.G.005, Subd. 15, as it mu be amended from time to time. REDEVELOPMENT. Any construction activity where, prior to the start of construction, the areas to be disturbed have 15% or more of impervious surface. REGIONAL FLOOD. A flood that is representative of large floods known to have occurred 2enerallv in the state and reasonably characteristic of wbat can be expected to occur 5 Page 52 of 320 on an avera2e frequency in the mamitude of a 100-year recurrence interval. SEDIMENT. Solid matter carried by water, sewage, or other liquids. STRUCTURE. Anything manufactured, constructed, or erected which is normally attached to or positioned on land, including portable structures, earthen structures, roads, parkinglots, and paved storage areas. WETLANDS. Lands transitional between terrestrial and aquatic systems where the water table is usually at or near the surface or the land is covered by shallow water. For purposes of this definition, WETLANDS must have the following 3 attributes: (1) Have a predominance of hydric soils; (2) Are inundated or saturated by surface or s4round water at a frequency and duration sufficient to sgppo1t a prevalence of hydrophytic vegetation typically adapted for life in saturated soil conditions; and f-H(3) Under normal circumstances support a prevalence of the vegetation. § 54.15 STORMWATER MANAGEMENT PLAN. (A) Application procedure. (1) Application. A written application for stormwater management plan approval, along with a proposed stormwater management plan and maintenance agreement, shall be filed with the Engineering Division of the city's Public Works Department. The application shall include a statement indicating the grounds upon which the approval is being requested,that the proposed use is permitted by right or as an exception in the underlying zoning district, and adequate evidence showing that the proposed use will conform to the standards set forth in this ehapter and this eede of engnaffee&Chapter . (2) Required plan submittals. (a) Two sets of clearly legible blue or black lined copies of drawings, electronic copy of drawings, and required information shall be submitted to the Engineering Division along with the process and approval fee. Information provided shall be prepared per the most recent edition of the city sigft--e�Design Criteria and certified by an engineer licensed in the state. Drawings shall be prepared to a scale appropriate to the site of the project and suitable for the review to be performed. (b) The plans shall be drawn at a minimum scale of I inch equals 100 feet and shall contain the following information: 1. Existing site map. A map of existing conditions showing the site and immediately adjacent areas within 200 feet of the site, including: 6 Page 53 of 320 a. The name and address of the applicant, the section, township and range, north point, date, and scale of drawing and number of sheets; b. The location of the property by showing an insert map at a scale sufficient to clearly identify its location and giving such information as the name and numbers of adjoining roads, railroads, utilities, subdivisions, cities, townships, and districts or other landmarks; c. The existing topography with a contour interval appropriate to the topography of the land but in no case having a contour interval greater than 2 feet; d. A delineation of all ponds, infiltration features, streams, rivers, public waters, and wetlands located on and immediately adjacent to the site, including the depth of the water,the normal water level(NWL),the 100-year high water level (HWL), the ordinary high water level (OHW), a description of all vegetation which may be found in the water, a statement of general water quality and any classification given to the water body or wetland by the State Department of Natural Resources,the State Pollution Control Agency, or the U.S. Army Corps of Engineers; e. The location and dimensions of existing stormwater drainage systems and natural drainage patterns on and immediately adjacent to the site delineating in which direction and at what rate stormwater is conveyed from the site, identifying the receiving stream, river, public water, or wetland, and setting forth those areas of the unaltered site where stormwater collects; £ A description of the soils of the site, including a map indicating soil types of areas to be disturbed as well as a soil report containing information on the suitability of the soils for the type of stormwater system proposed and describing any remedial steps to be taken by the applicant to render the soils suitable; g. The location and description of any vegetative cover and a clear delineation of any vegetation proposed for removal; h. The location of 100-year floodplains, flood fringes, and floodways; i. The locations of any existing overhead or underground utilities; j. The locations of property lines and easements; and k. A city approved benchmark listing location and elevation. 2. Site construction plan. A site construction plan including: a. Locations and dimensions of all proposed land disturbing activities and any phasing of those activities; b. Total site area; c. Total area to be disturbed; d. Locations and dimensions of all temporary soil or dirt stockpiles; e. Locations and dimensions of all construction site erosion control measures necessary to meet the requirements of this chapter; f. A schedule of the anticipated start and completion date of each land disturbing activity including the installation of construction site erosion control measures needed to meet the requirements of this chapter; and g. Provisions for maintenance of the construction site erosion control measures during construction. 7 Page 54 of 320 3. Plan of final site conditions. A plan of final site conditions on the same scale as the existing site map showing the proposed site changes including: a. Finished grading shown at contours at the same interval as provided above or as required to clearly indicate the relationship of proposed changes to existing topography and remaining features b. A landscape plan, drawn to an appropriate scale, including dimensions and distances and the location, type, size, and description of all proposed landscape materials which will be added to the site as part of the development; c. A drainage plan of the developed site delineating in which direction and at what rate stormwater will be conveyed from the site and setting forth the areas of the site where stormwater will be allowed to collect; d. The proposed size, alignment, and intended use of any structures to be erected on the site; e. A clear delineation and tabulation of all areas which will be paved or surfaced, including a description of the surfacing material to be used; £ Any other information pertinent to the particular project which, in the opinion of the applicant or the Public Works Director, is necessary for the review of the project; g. Proposed normal water level (NWL), 100-year high water level (HWL), ordinary high water level (OHW) of any ponds, infiltration facilities, streams, rivers, public waters, or wetlands on or downstream from the site; h. Building elevations including low floor elevations and low building opening elevations; and i. Overland emergency overflow routes and their elevations. 4. Storinivater calculations. Calculations demonstrating the following data shall be provided, according to the method established by the Engineering Division: a. Drainage maps that show the site, land that drains onto the site, and land that the site drains onto for existing and proposed conditions. Delineated drainage areas for ponds, wetlands, or other relevant waters should be indicated on these maps; b. A stormwater model conforming to Engineering Division standards that includes drainage areas, cover types,pond and wetland sizes,pond and wetland outlets, and natural or piped conveyance systems; c. Peak runoff rates from the site before and after development demonstrating that the proposed conditions conform to the policies outlined in the city's comprehensive water resources management plan; d. Volume of runoff from the site before and after development; e. National urban runoff program ("NURP") volume below and normal outlet required and provided in each pond; f. Infiltration calculations for proposed conditions; and g. A narrative summarizing the calculations and demonstrating that proposed drainage alterations do not unreasonably burden upstream or downstream land. 5. Soil borings. If requested by the Public Works Director;—arid. 8 Page 55 of 320 6. Maintenance Azreement. The applicant shall enter into a maintenance queement with the city that documents all responsibilities for operation and maintenance of long-term stormwater treatment BMPs. Such responsibility shall be documented in a maintenance -plan and executed throuvh a maintenance agreement. All maintenance agreements must be approved by the city and recorded at the Scott Countv recorder's office prior to applying for permit termination. At a minimum, the maintenance agreement shall describe the inspection and maintenance obli2ations: a. The party who is permanentiv responsible for maintenance of the structural and nonstructural measures. b. Pass responsibilities for such maintenance to successors in title. c. Allow the city and its representatives the right of entry for the purpose o . inspecting all permanent stormwater management systems. d. Allow the city the right to repair and maintain the facility, if necessary maintenance is not performed after proper and reasonable notice to the responsible party of the permanent stormwater management systems. e. Include a maintenance plan that contains, but is not limited to the following. 1. Identification of all structural permanent stormwater manaernent systems. 2. A schedule for regular inspections, monitoring, and maintenance for each practice. Monitoring shall verify whether the practice is functioning as designed and may include, but is not limited to,-quality, temperature, and quantity of runoff. 3. Identification of the responsible party for conducting the inspection, monitoring, and maintenance of each practice. 4. Include a schedule and format for re-portin compliance with the maintenance avreement to the city. f. The issuance of a permit constitutes a right-of-entry for the city, its contractors, and agents to enter upon the site. The applicant shall allow the city, its contractors, agents, and any authorized representatives, upon presentation of credentials, to: 1. Enter upon the permitted site for the purpose of obtaining information, examination of records, conducting investigations or surveys. 2. Brim; such equipment upon the pennitted development as is necessary to conduct such survevs and investivations. 3. Examine and copy any books,papers,records,or memoranda pertaining to activities or records required to be kept under the terms and conditions of the permit. 4. Inspect the stormwater pollution control measures. 5. Sample and monitor any items or activities pertaining to stormwater pollution control measures. 6. Correct deficiencies in stormwater and erosion and sediment control measures. 9 Page 56 of 320 H7 Fees.All applications for stormwater management plan or maintenance agreement approval shall be accompanied by a processing and approval fee as set by the most recent edition of the city's adopted fee schedule. (B) Stormwater management plan review procedure. (1) Process. Storinwater management plans and maintenance agreements meeting the requirements of this chapter shall be submitted to the Engineering Division of the city's Public Works Department for the Public Works Director's review and approval. The Public Works Director shall recommend approval, approval with conditions, or denial of the stormwater management plan and maintenance agreement to the Planning Commission. Following Planning Commission review, the stormwater management plan and maintenance agreement shall be submitted to the City Council for its review along with the Planning Commission's recommendation. (2) Duration. Approval of a stormwater management plan submitted under the provisions of this chapter shall expire 2 years after the date of approval by the City Council unless construction has commenced in accordance with the plan; however, if prior to the expiration of the approval, the applicant makes a written request to the Public Works Director for an extension of time to commence construction setting forth the reasons for the requested extension,the City Council may grant 1 extension of not greater than 1 single year. (3) Revisions. A stormwater management plan or maintenance agreement may be revised. All revised plans or agreements must contain all information required by this chapter and must be reviewed and approved by the Public Works Director. (4) Conditions. A stormwater management plan and maintenance agreement may be approved by the City Council subject to compliance with conditions that are necessary to ensure that the requirements contained in this chapter are met. Such conditions may, among other matters, limit the size, kind, or character of the proposed development; require the construction of structures, drainage facilities, storage basins, and other facilities; require replacement of vegetation; establish required monitoring procedures; require that the work be staged over time; require alteration of the site's design to ensure buffering; or require the conveyance to the cit or other public entity of certain lands or interests therein. (5) Approval. Upon approval of the stormwater management plan or maintenance agreement by the City Council, the applicant shall enter into an agreement with the city to ensure that any required improvements are constructed, any required easements are granted or dedicated, and that there is compliance with any conditions imposed by the City Council. The agreement shall guarantee completion and compliance with the conditions within a specific time, which time may be extended by the City Council. The agreement shall be in a form acceptable to the city. (6) Financial guarantee. Upon approval of the stormwater management plan by the City Council, the applicant shall submit a letter of credit, or cash escrow, to cover 125% of the amount of the established cost of complying with the stormwater management plan. This 10 Page 57 of 320 financial guarantee shall be in a form acceptable to the city and may be incorporated into the financial guarantee provided for grading activities or the financial guarantee provided for street and utility activities. (C) Stormwater management plan approval and implementation standards. (1) Compliance with standards. No stormwater management plan which fails to meet the standards contained in this-� �Chapter shall be approved by the City Council. taffd rd .All stormwater management plans must be submitted to and approved by the Public Works Director prior to the start of construction activity. At a minimum all applicants shall meet the criteria set forth below and observe the standards established by the NPDES Construction General Permit. All stormwater management plans must address erosion and sediment control and shall meet the criteria of Chapter 54.45 through 54.54, inclusive. tie. of stomi 1 gFaveled 9 aeeess , removed 11 tl� 1 7 aeeep+..-.I design �¢ 5 7 the p" CLC g4 Stormwater management requirements for permanent facilities. (a) An applicant shall install or construct, on or for the proposed land disturbing or development activity, all stormwater management facilities necessary to meet disehafge rate-the criteria^i��-�=���of the city's c-Comprehensive wWater rResources 11 Page 58 of 320 anagement Plan, Design Criteria, and the NP ES Construction General Permit. No private stormwater facilities will be approved by the city unless a maintenance plan +sand maintenance agreement are provided that defines who will conduct the maintenance, the type of maintenance, and intervals of the maintenance. In the alternative, or in partial fulfillment of this requirement and upon approval of the Public Works Director, an applicant may make an in-kind or monetary contribution to the development and maintenance of regional stormwater management facilities designed to serve multiple land disturbing and development activities undertaken by 1 or more persons, including the applicant. (b) Proposed Stormwater Management Plans shall incorporate volume control, water quality control, and rate control as the basis for stormwater manayement in the proposed develodevelopment Calan on sites without restrictions. All proposed Development and Redevelopment projects shall be in conformance with the City of Shakopee's Comprehensive Water Resources Management Plan, Desiyn Criteria, and the most current reduirements of the Minnesota Pollution Control Agency (MPCA) Municipal Separate Storm Sewer Systems (MS4) Permit, as applicable, meeting the more restrictive criteria. mac) The applicant shall reduce the need for stormwater management facilities by incorporating the use of natural topography and land cover such as wetlands, ponds, natural swales, and depressions as they exist before development to the degree that they can accommodate the additional flow of water without compromising the integrity or quality of the wetland or pond. jkd) The following stormwater management practices shall be investigated by the applicant in developing a stormwater management plan in the following descending order of preference, and the results of that investigation shall be provided to the city in written form as a part of the application: 1. Natural infiltration of precipitation on-site; 2. Flow attenuation by use of open vegetated swales and natural depressions; 3. Green infrastructure by use of rain gardens, bioswales, constructed wetlands, and other constructed infiltration practices; -34. Stormwater retention facilities; and 45. Stormwater detention facilities. L4e) A combination of Stormwater management practices may be used to achieve the applicable minimum control requirements specified in this chapter. Justification shall be provided by the applicant for the method selected. Jf) 4-.--A vegetative buffer shall be required for proposed open channel watercourses that drain 50 acres or more. All provisions in this chapter relating to wetland buffers shall also apply to watercourse buffers. 27-_The following additional provisions shall also apply_. 12 Page 59 of 320 -a1. Watercourses shall have a wetland management class of"low" as outlined in this chapter to determine the required area and minimum width of the watercourse buffer. K. The required area of the buffer shall be calculated using the average buffer width as measured from the ordinary high water level (OHWL). If the OHWL has not been established, the normal water level may be used. If the normal water level is used, the applicant shall provide documentation prepared by an engineer defining the normal water level of the watercourse. 0. Buffers for watercourses are not required for those watercourses that require mowing to maintain their designed hydraulic capacity, as determined by the Public Works Director. 44. Alterations to facilitate erosion control improvements to stabilize the watercourse, including the use of hard-armoring such as riprap is allowed in watercourse buffers with an approved grading permit for the activities.Equivalent water quality treatment shall be provided for buffer areas impacted by these activities. 15)Pond design standards. Stormwater detention facilities constructed in the city shall be designed according to standards established by the Engineering Division, and shall as prescribed in the city's Design Criteria.: kbl A pofmaneat pool avei:age depth 1,basin volum basin aFea, of 4 to 10 0 and pfe4�efable flattef. A basin shelf wit.". � Afl, _-V 1 n n-A I V--t- A--- r�nii �e m ee; 5 ,� -666 Pee. ..ve steffige) volume above the pfineipal SP...way shall he adequate se Fesouvees management-,!an;. Pond outlets may not be smallef than dRe fl-leated in + 13 Page 60 of 320 9 7 S , i4�n4c• aft Lrl ' lT S 6)Infiltration requirements. Best management practices to manage for volume control and infiltration will be required to the maximum extent practical in accordance with the cites Design Criteria. (a) The maximum extent practical required may be less if the Public Works Director determines that I or more of the following conditions apply. If 1 or more of the following conditions apply, the Public Works Director shall quantify the amount of infiltration that will be deemed as the maximum extent practical for the site: 1. The infiltration characteristics of soils on the site are not favorable for the infiltration of stormwater; 2. The site's drainage course is to regional infiltration or detention facilities controlled by the C4y-ci that reduce runoff volumes; 3. The development of the site does not increase the site's impervious areas; or 4. Other site conditions that make the infiltration of stormwater impractical as determined by the Public Works Director. 41, me afeas 8H ave .-EAC polieies that govem +,..a+, Fegion. These PoHei s may be me,- thfough the use a. ,"F---- disehafge of rtineffto wateFs of the state. FA;n;FA4e the need feF I seund.All st-e-r-mw-Ae-r-managernent faeflities shall have a plan ef epeFatien and maintenance th-at 14 Page 61 of 320 assures continued effective Fernoval of pollutants caFFied in storrnwateF runoff. it shall be the -,- fe-s-pe-n4 ""Y— the a --' — ,,-Vide eF obtain any necessary easeFnents E)F other property lntef-e� in order to allow the Eity access to the StEIFFAWateF MaRagenqent facilities for inspection and maintenance Purposes. (7) Mitigation. (a) Where construction projects cannot meet the volume, TSS,or TP reduction requirements for new development or redevelopment projects on the site of original construction, all methods must be exhausted prior to considering alternative locations where volume and treatment standards can be achieved. If the city has determined that all methods have been exhausted, the permittee will be required to identify alternative locations where the standards can be achieved or alternative methods in accordance with the city's Design Criteria. Q: 8)Facilities. Stormwater and infiltration facilities must be located at least 50 feet away from the top of a bluff. L419)Watershed management plans/groundwater management plans. Stormwater management plans shall be consistent with adopted watershed management plans and groundwater management plans fired-approved by the State Board of Water and Soil Resources. 104)Easenient. If the stormwater management plan involves direction of some or all runoff off of the site, it shall be the responsibility of the applicant to obtain from adjacent property owners any necessary easements or other property interests to permit the flow of water across the property. L1I-5)Low-floorlbuilding opening elevations. (a) Any new development or redevelopment shall maintain a minimum building opening elevation of at least 3 feet above the anticipated 100-year high water elevation as a standard practice; however, if the applicant demonstrates that this requirement would be a hardship, the standard may be reduced to 2 feet if all of the following can be demonstrated: 1. Within the 2 foot freeboard area, stormwater storage is available which is equal to or exceeds 50%of the stormwater storage currently available in the basin below the 100-year elevation; 2. A 25% obstruction of the basin outlet over a 24-hour period would not result in more than I foot of additional bounce in the basin; and 3. An adequate overflow route from the basin is available that will provide I foot of freeboard for the proposed low building opening. (b) Basement floor elevations must be set to an elevation that meets all of the following criteria: 1. The lowest floor elevation must be at least 4 feet above the currently observed groundwater elevations in the area; 15 Page 62 of 320 2. The lowest floor elevation must be at least 2 feet above the elevation of any known historic high groundwater elevations for the area. Inforination on historic high groundwater elevations can be derived from any reasonable sources including piezometer data, soil boring data, percolation testing logs, and the like; and 3. The lowest floor elevation must be at least 2 feet above the 100-year high surface water elevation for the area unless it can be demonstrated that this standard creates a hardship, if the 2- foot standard is determined by the City Council to constitute a hardship, the standard shall be at least 1 foot above the highest anticipated groundwater elevation resulting from a 100-year critical duration rainfall event. The impact of high surface water elevations on groundwater elevations in the vicinity of the structure should take into consideration the site's distance from the floodplain area, the soils, the normal water elevation of surface depressions in the area, the static groundwater table, and historic water elevations in the area. This information shall be provided by a registered engineer or soil scientist. 12b)bnpervious surface coverage. The impervious surface coverage of each lot must not exceed the impervious surface coverage allowed under Ch. 151. 13-7)Accommodation of discharge rates. Storm sewers shall be designed to accommodate discharge rates associated with a 10-year, 24-hour rainfall event in accordance to the Atlas 14 data. (2013 Code, § 16.11) (Ord. 807, passed 9-25-2008) § 54.16 STORMWATER AND URBAN RUNOFF POLLUTION CONTROL. (A) Illegal disposal, discharges, and connections. (1) No person shall intentionally dispose of leaves, grass clippings, dirt, gravel, er—other landscape debris, or anything other than stormwater into a street, road, alley, catch basin, culvert, curb, gutter,inlet, ditch,natural watercourse,flood control channel, canal, or storm drain. The following discharges are exempt from discharge prohibitions established by this section: (a) Water line flushing, landscape irrigation, diverted stream flows, rising ground waters, uncontaminated ground water infiltration, uncontaminated pumped ground water, discharges from potable water sources, foundation drains, air conditioning condensation irrigation water, springs, water from crawl space pumps, footing drains, lawn watering, individual residential car washing, flows from riparian habitats and wetlands dechlorinated swimming pool discharges, and street wash water; (b) Discharges or flow from firefighting;, and other discharges authorized by the city in writing that are necessary to protect public health and safety, (c) Discharges associated with dye testing, however this activity requires verbal notification to the city Prior to the time of the test. (d) The prohibition shall not apply to any non-stormwater discharge permitted under an NPDES permit, waiver, or waste discharge order issued to the discharger and administered under the authority of the federal Environmental Protection Agency 16 Page 63 of 320 provided that the discharger is in full co pliance with all requirements of the permit— waiver, e it,waiver, or order and other applicable laws and regulations, and further provided that written approval has been granted for any discharges to the storm drain system. . (2) No person shall cause any illicit discharge to enter the city stormwater system. For the purpose of this chapter, ILLICIT DISCHARGE is as defined in the city's stormwater pollution prevention plan (SWPPP) completed for the city's municipal separate storm sewer system (MS4)permit. (3) No person shall use any illicit connection to intentionally convey non-stormwater to the city stormwater system. (a) This prohibition expressly includes, without limitation, illicit connections made in the past, regardless of whether the connection was permissible under the law or practices applicable or prevailing at the time of the connection. (b_ ) A person is considered to be in violation of this Chapter if the person connects a line conveyin sg ewage into the storm drain system, or allows such connection to continue. (4) No person shall leave, deposit, discharge, dump, or otherwise expose any chemical or septic waste in an area where discharge to streets, or a storm drain system may occur. (B) Suspension of MS4 Access , > Solids, shall be Femoved by the pF()peFty owneF and pfopeFly disposed of at least onee eve— a . T Cede, f 16 '1'11 (ford 407, passed 9_75_70041 Deer,-alty, seer, F, 5/I 99 (1) Suspension due to Illicit Discharges in Emergency Situations. The city may. without prior notice,suspend MS4 discharge access to a person when such suspension is necessary to stop an actual or threatened discharge which presents or maypreset imminent and substantial danger to the environment, or to the health or welfare of persons, or to the MS4 or Waters of the United States. If the violator fails to comply with a suspension order issued in an emergenc ,the he city may take such steps as deemed necessary to prevent or minimize damage to the MS4 or Waters of the United States, or to minimize danger to persons. (2) Suspension Due to the Detection of Illicit Discharges.Any person discharging to the MS4 in violation of this Chapter may have their MS4 access terminated if such termination would abate or reduce an illicit discharge.The city will notify a violator of the proposed termination of its MS4 access. The violator maypetition the city for a reconsideration and hearing. A 17 Page 64 of 320 person commits an offense if the person reinstates MS4 access to premises terminated pursuant to this Section,without the prior approval of the city. (C) Monitorinz ofDischarzes. (1) Applicabilitv.This section applies to all facilities that have storm water discharges associated with industrial activity, including construction activity (2) Access to Facilities. (a) The City of Shakopee or its designee shall be permitted to enter and inspect facilities subject to regulation under this Chapter as often as may be necessary to determine compliance with this Chapter. If a discharger has security measures in force which require proper identification and clearance before entry into its premises, the discharger shall make the necessary arrans4ements to allow access to representatives of the city. (b) Facility operators shall allow the city or its designee ready access to all Darts of the premises for the purposes of inspection, sampling, examination and copying of records that must be kept under the conditions of an NPDES permit to discharge storm water, and the performance of any additional duties as defined by state and federal law. (c) The city or its designee shall have the right to set up on anV Dermitted facility such devices as are necessary in the opinion of the city to conduct monitoring and sampling of the facility's storm water discharge. (d) The city or its designee has the right to require the discharger to install monitoring equipment as necessary. The facility's samnlin2 and monitoring equipment shall be maintained at all times in a safe and prover operating condition by the discharger at its own expense.All devices used to measure stormwater flow and qualitv shall be calibrated to ensure their accuracy. (e) Any temporary of permanent obstruction to safe and easy access to the facility to be inspected and sampled shall be promptly removed by the operator at the written or oral request of the city and shall not be replaced. The costs of clearing such access shall be borne by the operator. Unreasonable delays in allowing the city or its desimee access to a permitted facility is a violation of a storm water discharge permit and of this Chapter. A person who is the operator of a facility with a NPDES permit to discharge storm water associated with industrial activity conu-nits an offense if the person denies the city reasonable access to the permitted facility for the purpose of conducting any activity authorized or required by this Chapter. (g) If the city or its designee have been refused access to any part of the premises from which storrnwater is discharged, and he/she is able to demonstrate probable cause to believe that there may be a violation of this Chapter, or that there is a need to inspect o sample as part of a routine inspection and sampling program designed to verify 18 Page 65 of 320 coinpliance with this Chapter or any order issued hereunder, or to protect the overall public health, safety, and welfare of the community, then the city may seek issuance of a search warrant from any court of competent jurisdiction. (D) Watercourse protection. Every person owning or occupying premises throud which a watercourse passes, shall keep and maintain that part of the watercourse within the, premises free of trash, debris, excessive vegetation, and other obstacles that would pollute, contaminate, or significantly retard the flow of water through the watercourse. In addition, the owner or occupant shall maintain existimz privately owned structures within gLAqjAg�gnt to a watercourse so that such structures will not become a hazard to the use, function, or physical integrity of the watercourse. (E) Notiflcation of spills. Notwithstanding other requirements of law, as soon as any person responsible for a facility or operation or responsible for emergency response for a facility or operation has information of any known or suspected release of materials which are resulting or may result in illegal discharges or pollutants discharging into stormwater, the storm drain system, or waters of the state, said person shall take all necessary steps to ensure the discovery, containment, and cleanup of such release. In the event of such a release of hazardous materials, said person must immediatelv notify emer2enc,v response agencies of the occurrence via emergency dispatch services. In the event of a release of nonhazardous materials, said person shall notify the city no later than the next business day. Notifications in person or by phone shall be confirmed by written notice addressed and mailed to the city within three business days of the personal or phone notice. If the discharge of prohibited materials originates from an industrial establishment, the owner or operator of such establishment shall also retain an on-site written record of the discharge and the actions taken to prevent its recurrence. Such records must be retained for at least thrgg-years. (F) Enforcement. (1) Notice of Violation. Whenever the city finds that a person has violated a prohibition or failed to meet a requirement of this Chapter, the city may order compliance by written notice of violation to the responsible person. Such notice may require without limitation: (a) The performance of monitorin2, analysis, and revoltinv, (b) The elimination of illicit connections or discharges; (c) That violating discharves,practices,...or..�operations shall cease and desist; (d) The abatement or remediation of storm water pollution or contamination hazards and the restoration of any affected property, and (e) Payment of a fine to cover administrative and remediation costs; an (f) The implementation of source control or treatment BMPs. (2) Appeal of Notice of Violation. Any person receiving a Notice of Violation may appeal the determination to the City Council. The notice of appeal must be received within 15 days afte the date of the Notice of Violation. Hearing on the appeal shall take place within 30 days 19 Page 66 of 320 after the date of receipt of the notice of qppeal. The decision of the City Council shall be final. (3) Enforcement Measures After Appeal. If the violation has not been corrected pursuant to the requirements set forth in the Notice of Violation,or, in the event of an appeal,within 15 days after the decision of the City Council, the city may enter Won the subiect prODerty and take any and all measures necessary to abate the violation and restore the property. It shall be unlawful for anv person, owner, agent or person in possession of any premises to refuse to allow the city or its designated contractor to enter upon the property for the purposes set forth above. (4) Cost of Abatement of the Violation. Within 30 days after abatement of the violation, the owner of the property will be notified of the cost of abatement, including administrative costs. The property owner may file a written protest objecting to the amount of the assessment within 15 days. If the amount due is not paid within a timely manner as determined by the decision of the Citv Council or by the expiration of the time in which to file an appeal, the charges shall become a special assessment against thepropeity and shall constitute a lien on the property for the amount of the assessment. (5) Injunctive Relief If a person has violated or continues to violate the provisions of this Chapter, the city maY Detition the district court for a preliminary or permanent injunction restraining the person from activities that would create further violations or compelling the person to perform abatement or remediation of the violation. (6) Compensatory Action. In lieu of enforcement proceedings, penalties,........and remedies authorized by this Chapter, the city may impose upon a violator alternative compensatory actions, such as storm drain stenciling, attendance at compliance workshops, creek cleanup, etc. (7) Violations Deemed a Public Nuisance.In addition to the enforcement processes and penalties provided, any condition caused or permitted to exist in violation of any of the provisions of this Chapter is a threat to public health, safety, and welfare, and is declared and deemed a nuisance, and may be summarily abated or restored at the violator's expense, and a civil action to abate, enjoin, or otherwise compel the cessation of such nuisance may be taken. 448) Remedies Not Exclusive. The remedies listed in this Section are not exclusive of any other remedies available under any applicable federal, state or local law and it is within the discretion of the city to seek cumulative remedies. (2013 Code, § 16.11) (Ord. 807, passed 9-25-2008) Penalty, see § 54.99 § 54.17 LAWN FERTILIZATION RESTRICTIONS. (A) Timing of fertilizer application. No lawn fertilizer shall be applied when the ground is frozen and in no event during the period of November 15 through April I of the succeeding year. 20 Page 67 of 320 (B) Impervious surfaces. Lawn fertilizer shall not be applied, spilled, or otherwise deposited on any impervious surface. Any lawn fertilizer applied, spilled, or deposited, either intentionally or accidentally, on an impervious surface shall be immediately and completely removed. (C) Buffer zones.No lawn fertilizer shall be applied within any established wetland buffer zone or within 20 feet of the edge of any wetland, pond, river, creek, or lake. (D) Lawn fertilizer content and application rate. No lawn fertilizer containing any amount of phosphorus or other compounds containing phosphorus, such as phosphate shall be applied to any turf within the city except when the following conditions apply: (1) Newly established turf areas for the turf's first growing season; or (2) In turf areas in which a soil test confirms that the turf area is below phosphorus levels established by the University of Minnesota Extension Service. The fertilizer to be applied shall not contain an amount of phosphorus that exceeds the amount recommended in the soil test evaluation. (E) Notice requirement. Retail businesses selling lawn fertilizer containing phosphorus shall post a notice in a conspicuous location near the law fertilizer notifying customers of the limitation on the use of lawn fertilizer containing phosphorous contained in this ielterchapter. (2013 Code, § 16.11) (Ord. 807, passed 9-25-2008) WETLAND MANAGEMENT § 54.30 AREAS AFFECTED. This subehaptefCha ter applies to all parcels containing wetlands as defined by the 1987 Corp of Engineers Wetlands Delineation Manual. This su4ehaptef-Chapter also applies to any parcel located near a wetland that would be required by this chapter to have a wetland buffer or wetland buffer setback. (2013 Code, § 16.12) (Ord. 807, passed 9-25-2008) § 54.31 WETLAND ASSESSMENT AND DELINEATION. (A) A wetland assessment and delineation shall be submitted to the Engineering Division of the city's Public Works Department when required by this chapter for review. The Public Works Director shall recommend approval, approval with conditions, or denial of the wetland assessment and delineation to the Planning Commission. Following Planning Commission review,the wetland assessment and delineation shall be submitted to the City Council for its review along with the Planning Commission's recommendation. fflj--(B)—The wetland assessment report and delineation must be performed and prepared by a qualified wetland specialist. Wetland delineation in the report shall be shown on a scaled 21 Page 68 of 320 drawing that also shows the location of existing and proposed property lines, buildings, and other topographic features of the site. For each wetland delineated in the report, a wetland management class as defined by the State Routine Assessment Method(MNRAM) for evaluating wetland functions - Version 3.1 or later version- must be assigned. (2013 Code, § 16.11) (Ord. 807, passed 9-25-2008) § 54.32 WETLAND BUFFERS. For any parcel created or redeveloped, a wetland buffer as defined in this Chapter is required. (A) Required wetland buffer dimensions. (1) Wetland buffer dimensions will be based on the wetland's management class as defined by MNRAM. Wetland Management Class Average Required Buffer Minimum Required Buffer (MNRAM) Width (feet) Width (feet) A Exceptional 65 25 B High 50 25 C Medium 35 25 C Low 25 25 (2) The required area of the wetland buffer shall be calculated using the average buffer width as measured from the delineated wetland edge. (B) Required wetland buffer vegetation. Vegetation within a wetland buffer shall be established and maintained as follows...: (1) The first 25 feet of the wetland buffer as measured from the wetland delineation or public waters wetland ordinary high water level (OHWL) must not be disturbed during project construction (i.e. cleared or graded), with the exception of temporary disturbances for public roads and utility construction. This area must be protected from disturbance with temporary fencing prior to construction. If it is necessary to establish acceptable vegetation within the area so that it is in compliance with the vegetation requirements of this -subE1itptefCha ter, vegetation may be removed and replaced, and site soils preparation work may be performed within this area. (2) Where acceptable natural vegetation exists within the wetland buffer,the retention of such vegetation in an undisturbed state is required unless the applicant receives approval from the Public Works Director to replace such vegetation. A wetland buffer is considered to have acceptable natural vegetation if it has a continuous, dense layer of perennial grasses, or an overstory of trees or shrubs that have been uncultivated or unbroken for at least five consecutive years. The city may determine existing vegetation to be unacceptable if the wetland buffer has undesirable characteristics such as noxious or invasive plant species or topography that channelizes the flow of runoff. (3) (a) In cases where the wetland buffer does not contain vegetation or has been cultivated or otherwise disturbed within five years of the application, the wetland buffer area must be 22 Page 69 of 320 replanted with native seed mix approved by the Public Works Director and maintained until it is established. (b) The proposed types of wetland buffer plantings, proposed maintenance, and monitoring activities and schedule must be identified on the application. Any vegetation planted within the wetland buffer are independent of any landscaping that may be required elsewhere on the property by the city. (c) During the first 2 full growing seasons, the owner must replant any wetland buffer vegetation that does not survive. After this time, the owner shall remain responsible for re- seeding or replanting vegetation within the wetland buffer if it changes at any time due to human intervention or activities. (C) Wetland buffer easements and markers. When a wetland buffer is required pursuant to this subehaptefChapter, the applicant shall prior to issuance of any building permits by the City: (1) Submit to the city for its approval a conservation easement in favor of the city for protection of the wetland buffers and wetlands on the property, or include the wetland buffer and wetlands in an outlot dedicated to the city as part of the plat. The conservation easement shall legally describe the boundaries of the wetland or public waters wetland and the wetland buffer and identify the marker locations; (2) Record the conservation easement or final plat with the county and submit evidence thereof to the city; (3) Wetland buffers shall be marked to clearly designate their boundaries. At least 1 marker shall be required on each lot. There shall be at least 1 marker every 200 feet along the edge of the wetland buffer; and (4) A marker shall consist of a post and a sign indicating the presence of a wetland buffer. The applicant will be required to furnish and install 4 by 4 inch sign posts to a height of 5 feet above finished grade. The city will furnish and install the signs. If the applicant does not install the posts, the city will furnish and install them. Fees incurred by the city for post furnishing and installation will be paid by the applicant. (D) Wetland buffer alterations. (1) Alterations including building or placement of structures, storage of materials, paving, mowing, plowing, introduction of noxious vegetation, cutting for non-management purposes, dredging, filling, mining, dumping, grazing livestock, agricultural production, yard waste disposal, or fertilizer application, are prohibited within the wetland buffer. (2) The following activities shall be permitted in the wetland buffer and shall not constitute prohibited alterations: (a) Removal of noxious vegetation such as, but not limited to, European buckthorn,purple loosestrife, and reed canary grass; (b) Installation of new plantings that enhance the natural vegetation; 23 Page 70 of 320 (c) Selective clearing or pruning of trees or vegetation that are dead, diseased, or pose similar hazards; (d) Use and maintenance of 1 unimproved access strip through the wetland buffer for recreational access to a watercourse,where permitted. The strip shall be no greater than 20 feet in width; (e) Construction, maintenance, repair, reconstruction, or replacement of existing and future public roads, utilities, or drainage systems within a wetland buffer, so long as any adverse impacts of the construction and installation on the function of the wetland buffer have been avoided or minimized to the extent practical and the activity has been approved by the city; (f) Construction of individual sewage treatment systems (ISTS) so long as the vegetation growing on the system is maintained in accordance with this &Hbe4aptef C'hapter, the area for the ISTS is not credited as wetland buffer area, and the edge of the ISTS is located at least 35 feet from the delineated wetland edge; (g) Clearing, grading, and seeding if part of a wetland replacement plan approved by the City; (h) Maintenance, repair, or replacement of trails; and (i) Placement or maintenance of ponds or other stormwater treatment facilities, so long as the area of the pond is not credited as wetland buffer area and the embankment of the pond is located at least 35 feet from the delineated wetland edge. (E) Exceptions. (1) Wetland buffers and structure setbacks are not requited for any residentially zoned lot of record as of the effective date of this chapter. (2) Wetland buffers and structure setbacks are not required for any wetland that qualifies for a de minimus exemption under the Wetland Conservation Act. (3) Wetland buffers and structure setbacks are not required for any wetland qualifying for an incidental wetland exemption under the Wetland Conservation Act. (2013 Code, § 16.11) § 54.33 STRUCTURE SETBACKS. (A) Parcels that are newly created or redeveloped after the effective date of this chapter are required to have a structure setback from the wetland buffer for all new structures. (B) The structure setback shall be measured from outer edge of the wetland buffer. (C) For residential parcels, a 30-foot front and rear yard structure setback and a 10-foot side yard structure setback is required from the wetland buffer. (D) All nonresidential parcels shall be required to provide a 10-foot structure setback for front, rear and side yards. (2013 Code, § 16.12) (Ord. 807, passed 9-25-2008) 24 Page 71 of 320 EROSION AND SEDIMENT CONTROL § 54.45 EROSION CONTROL PLAN. (A) An erosion control plan shall be submitted to the Engineering Division of the city's Public Works Department when required by this chapter along with a grading permit application. All applications for a grading permit shall be accompanied by a processing and approval fee as set by the city fee schedule. (B) The erosion control plan shall contain all of the following with respect to conditions existing on site during construction and after final structures and improvements have been completed. (1) A description of and specifications for sediment retention and settling devices; (2) A description of, specifications for,and detail plates for surface runoff and erosion control devices; (3) A description of vegetative measures; (4) A detailed timetable for restoring all disturbed areas; (5) A graphic representation of the location of all specified erosion and sediment control devices; (6) An implementation schedule for installing and subsequently removing devices described above; (7) A maintenance schedule for all sediment and erosion control devices specified; (8) An estimate of the costs to implement all final and temporary erosion and sediment control measures; (9) An information sheet on the parties responsible for constructing and maintaining the erosion control measures as shown on the erosion control plan. The information sheet should contain the phone numbers and addresses of at least 2 persons and indicate how they can be contacted at all times (days, nights, weekends, and the like) regarding repairing and maintaining the erosion control measures; (10) The erosion control plan must contain details to specify which erosion and sediment control facilities are permanent and which are temporary; and (11) If required, a nationwide pollutant discharge elimination system (NPDES) general stormwater permit must be obtained from the State Pollution Control Agency prior to commencing construction activities. The associated stormwater pollution prevention plan (SWPPP) should be included in the erosion control plan and approved by the Public Works Director prior to construction. A copy of the NPDES permit must be provided to the city prior to construction. (2013 Code, § 16.13) (Ord. 807, passed 9-25-2008) § 54.46 PROCESS. Erosion control plans meeting the requirements of this chapter shall be submitted to the Engineering Division of the city's Public Works Department for the Public Works Director's review and approval. The Public Works Director shall recommend approval, approval with conditions, or denial of the erosion control plan to the Planning Commission. Following Planning 25 Page 72 of 320 Commission review, the erosion control plan shall be submitted to the City Council for its review along with the Planning Commission's recommendation. (2013 Code, § 16.13) (Ord. 807, passed 9-25-2008) § 54.47 IMPLEMENTATION OF AN EROSION CONTROL PLAN. Prior to the start of any earthwork activities, the permittee must have in place and functional the erosion controls as outlined on the approved erosion control plan. Additional erosion control measures may be required as directed by the Public Works Director. LA)_No earth moving activities shall commence until the erosion controls have been field inspected and approved by the Public Works Director. {-)(B) At a minimum, the permittee must meet the Erosion Control specifications set forth within the city's Design Criteria and observe the standards established in the NPDES Construction General Permit requirements. C The permittee must maintain the erosion control on the site to the process. If the erosion control is not being maintained to the Director's satisfaction, the city may perform remedial work on the site as outlined in this&dbehaptff Chapter. {"LQ) All erosion control systems must be maintained by the permittee in an acceptable condition until turf is established or structural surfaces are constructed to protect the soil from erosion. (2013 Code, § 16.13) (Ord. 807, passed 9-25-2008) § 54.48 FINANCIAL SECURITY. (A) Upon approval of the erosion control plan by the City Council, the applicant shall submit a letter of credit, or cash escrow, to cover 125% of the amount of the established cost of complying with the erosion control plan. This financial guarantee shall be in a form acceptable to the city and may be incorporated into the financial guarantee required for grading activities. (B) The city may draw on the letter of credit or cash escrow after providing the permittee with at least five business days' notice. (C) The city may act against the financial security if any of the conditions listed below exist: (1) The permittee ceases land-disturbing activities or filling and abandons the work site prior to completion of the grading plan; (2) The permittee fails to conform to the approved grading or erosion control plan; (3) The techniques utilized under the erosion control plan fail within 1 year of installation; or; (4) The Public Works Director has determined that additional action on the site is necessary to prevent excessive erosion from occurring. 26 Page 73 of 320 (D) The city may use the funds from the financial security to reimburse itself for any remedial work undertaken by the city or its contractor, and for any administrative costs incurred in the process of performing the remedial work including, but not limited to, staff time, and attorney's fees. (E) The financial security deposited with the city for faithful performance of the grading and erosion control work shall be released 1 year after the ground cover and other erosion control measures have been installed. All temporary erosion control measures, such as silt fences and hay bales,must be removed from the site prior to the city releasing the financial security. (2013 Code, § 16.13) (Ord. 807, passed 9-25-2008) § 54.49 INSPECTION OF EROSION CONTROL PLAN. The city will make periodic inspections of the site to ensure compliance with the erosion control plan. (A) The permittee or his/her agent shall ensure that a trained and certified person will re larly inspect the construction site at least once every seven days until final stabilization and within 24 hours of a rainfall event of one-half inch or greater in a 24 hour period. All inspection and maintenance activities conducted on the site during construction must be recorded in writing and retained within the erosion control plan and provided to the city. Records of each rection and maintenance activity shall include the following: 1. Date and time of inspection; 2. Name(s) of persons conducting the inspection; 3. Findings of inspections, including recommendations for corrective actions; 4. Corrective actions taken, including the dates, times and the name of the party completing the corrective action; 5. Date and the amount of rainfall events that are greater than one-half inch in a 24 hour period; and 6. Documentation of any chanes made to the erosion and sediment control plan. (B) Site and BMP Maintenance. Prior to any construction, the developer shall provide the Public Works Director with a schedule for erosion and sediment control inspection and maintenance, including schedules for street cleaninz, and street sweeping. All site and BMP maintenance activities must comply with the requirements of the NPDES constructioneng eral permit. The applicant shall investigate and comply with the following BMP maintenance requirements: 1. Silt fence: All silt fences must be repaired replaced or supplemented when they become nonfunctional or the sediment reaches one-half (1/2) of the height of the fence. Repairs shall be made by the end of the next business day after discovery or as soon as field conditions allow access. 2. Temporary Sediment Basins: Temporary sedimentation basins must be drained and the sediment must be removed when the depth of the sediment collected in the basin 27 Page 74 of 320 reaches one-half the stom_,e volume. Drainage and removal must be completed within 72 hours of discovery or as soon as field conditions allow access., 3. Surface Waters and Convevance Systems: Surface..water,.including drainage ditches and conveyance systerns, must be inspected for visible s4uis of sediment being deposited by erosion. The applicant must remove all sediment deposited in surface waters, includinv dg ways, catch basins, and other drainage systems and must restabilize the areas of exposed soil as a result of sediment removal. The removal and stabilization must take place within seven days of discovery unless legal,re ug or Physical access constraints prevent remediation. In the event of an access constraint, the applicant shall use all reasonable efforts to obtain access. If access is precluded, removal and stabilization must take place within seven calendar days of obtaining access. The applicant is responsible for contacting all local, regional, state and federal authorities and obtaining any required permits prior to conducting any work. 4. Streets and Paved Surfaces: Where vehicle traffic leaves anv Part of the site,the exit locations must be inspected for visible signs of off-site sediment tracking ontopaved surfaces. The construction entrance pad BMP must remain clean and tracked sediment must be removed from all off-site paved surfaces as soon as possible or within 24 hours of discovery. 5. General Maintenance: The applicant shall be responsible for the operation and maintenance of temporary and Dermanent water quality management BMPs, as well as erosion prevention and sediment control BMPs for the duration of the construction work,on the site. The applicant remains responsible until another party has assumed control over all areas of the site that have not established final stabilization and a Notice of Termination(NOT)has been submitted to the Minnesota Pollution Control A2encv. 6. Infiltration Areas: All infiltration areas must be inspected to ensure that no sediment from ongoing construction activities is reaching the infiltration area and these areas are protected from compaction caused by construction equipment driving across the infiltration area. (2013 Code, § 16.13) (Ord. 807, passed 9-25-2008) § 54.50 APPLICATION REVIEW AND INSPECTION FEES. (A) The city shall charge an application review fee for the review of the erosion control pen-nit application and the erosion control plan. As part of this review, the city will review the pen-nittee's as-built survey submitted after the completion of grading activities to ensure that it conforms to the overall erosion control plan for the area. The application fee shall be set by the city fee schedule. If this fee is not paid with 45 days, the fee may be taken from the financial security provided by the applicant. 28 Page 75 of 320 (B) (1) An inspection fee will be charged for any inspections of the site by the city that are needed to review corrective erosion control work or to follow up on previously incomplete work. This inspection fee will be deducted from the financial security. (2) The amount will be set by the city fee schedule. If this fee is not paid within 45 days, the fee may be taken from the financial security posted by the applicant. (2013 Code, § 16.13) § 54.51 NOTIFICATION OF FAILURE OF EROSION CONTROL PLAN. The city shall notify the permittee of the failure of the erosion control measures that have been constructed. The notification will be by phone or fax to the parties listed on the information sheet required by this—,ubehapterChapter. The city, at its discretion, may begin remedial work within 48 hours after notification has been provided. (2013 Code, § 16.13) (Ord. 807, passed 9-25-2008) § 54.52 EROSION OFF-SITE. If erosion breaches the perimeter of the site, the permittee shall immediately develop a cleanup and restoration plan, obtain a right-of-entry from the adjoining property owner, and implement the cleanup and restoration plan within 48 hours of obtaining the adjoining property owner's permission. In no case, unless written approval is received from the Public Works Director may more than 7 calendar days pass without any corrective action being taken. If at the discretion of the city, the permittee does not repair the damage caused by the erosion,the city may perform the remedial work required, after notice is provided to the permittee. (2013 Code, § 16.13) (Ord. 807, passed 9-25-2008) § 54.53 EROSION INTO STREETS,WETLANDS, OR WATER BODIES. If eroded soils enter, or entrance appears imminent into streets, wetlands, or other water bodies, cleanup and repair shall be immediate. The permittee shall provide all traffic control and flagging required to protect the traveling public during the cleanup operations. If, at the discretion of the city, the permittee does not repair the erosion, the city may perform the remedial work required, after notice is provided to the permittee. (2013 Code, § 16.13) § 54.54 FAILURE TO DO CORRECTIVE WORK. When a permittee fails to conform to any provision of this Chapter within the time stipulated, the city may take the following actions: (A) Withhold the scheduling of inspections; (B) Withhold the issuance of a certificate of occupancy; (C) Issue a Notice of Violation. When the city determines that an activity is not being- carried out in accordance with the requirements of this Chapter, it shall issue a written notice of violation to the owner of the property. The notice of violation shall contain: 29 Page 76 of 320 a. The name and address of the owner or applicant; b. The address when available or a description of the land upon which the violation is occurring; c. A statement specifying the nature of the violation; d. A description of the remedial measures necessary to bring the development activity into compliance with this Chapter and a time schedule for the completion of such remedial action(s); e. A statement of the penalty or penalties that shall or may be assessed avainst the person to whom the notice of violation is directed, and• f. A statement that the determination of violation may be appealed to the city big a written notice of appeal within 15 days of service of the notice of violation. Service may be accomplished by mail or by personal delivery of the notice. __(GDJ Issue a stop-work,order; E JDirect the correction of the deficiency by city forces or separate contract. The issuance of an erosion control permit constitutes a right-of-entry for the city or its contractor to enter upon the construction site for the purpose of correcting deficiencies with respect to erosion control.All costs incurred by the city in correcting erosion control deficiencies, including administrative expenses, shall be reimbursed by the permittee. If payment is not made within 30 days after an invoice is issued, the city may draw from the financial security, if the financial security is of an insufficient amount, the city may assess the remaining amount against the property. As a condition of the permit, the owner shall be required to waive notice of any assessment hearing to be conducted by the city, concur that the benefit to the property exceeds the amount of the proposed assessment, and waive all rights by virtue of M.S. § 429.081, as it may be amended from time to time, to challenge the amount or validity of the assessment. (2013 Code, § 16.13) (Ord. 807, passed 9-25-2008) § 54.99 PENALTY. (A) A person violating any provision of this chapter shall be guilty of a misdemeanor and upon conviction shall be subject to the penalties imposed by state statutes for misdemeanor offenses. (2013 Code, § 16.13) (B) For the first 12 months following the effective date of § 54.15 through 54.17, no penalty shall attach to a violation of§ 54.15 through 54.17. Thereafter, a person violating any provision of § 54.15 through 54.17 shall be guilty of a petty misdemeanor and upon conviction shall be subject to the penalties imposed by state statutes for petty misdemeanor offenses. (2013 Code, § 16.11) (Ord. 807, passed 9-25-2008) Section 2. Effective Date. This ordinance becomes effective from and after its passage and publication. Adopted in regular session of the City Council of the City of Shakopee, Minnesota held this 17 day of October, 2017. 30 Page 77 of 320 Mayor of the City of Shakopee Attest: City Clerk Published in the Shakopee Valley News on the day of , 2017. 31 Page 78 of 320 ORDINANCE NO. 972 AN ORDINANCE OF THE CITY OF SHAKOPEE, MINNESOTA AMENDING SHAKOPEE CITY CODE CHAPTER 54,WATER RESOURCES MANAGEMENT THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, ORDAINS: Section 1. Chapter 54 of the Shakopee City Code is amended to read as follows: CHAPTER 54: WATER RESOURCES MANAGEMENT General Provisions 54.01 Title 54.02 Purpose 54.03 Scope 54.04 Application of this chapter 54.05 Severability 54.06 Incorporation by Reference Stormwater Management 54.14 Definitions 54.15 Stormwater management plan 54.16 Stormwater and urban runoff pollution control 54.17 Lawn fertilization restrictions Wetland Management 54.30 Areas affected 54.31 Wetland assessment and delineation 54.32 Wetland buffers 54.33 Structure setbacks Erosion and Sediment Control 54.45 Erosion control plan 54.46 Process 54.47 Implementation of an erosion control plan 54.48 Financial security 54.49 Inspection of erosion control plan 54.50 Application review and inspection fees 54.51 Notification of failure of erosion control plan 54.52 Erosion off-site 54.53 Erosion into streets, wetlands, or water bodies 54.54 Failure to do corrective work 54.99 Penalty Cross-reference: Storjnwater, see Ch. 53 1 Page 79 of 320 GENERAL PROVISIONS § 54.01 TITLE. This chapter shall be known and may be referred to as the "Water Resource Ordinance" or the "Water Resource Chapter". When referred to herein it shall be known as "this Chapter". (2013 Code, § 16.01) (Ord.807, passed 9-25-2008) § 54.02 PURPOSE. (A) This Chapter is established to promote, preserve and enhance natural resources within the city and protect them from adverse effects occasioned by poorly-sited development or incompatible activities by regulating land disturbing or development activities that would have an adverse and potentially irreversible impact on water quality and unique or fragile environmentally sensitive land. (B) This Chapter minimizes conflicts and encourages compatibility between land disturbing and development activities and environmentally sensitive lands. By requiring detailed review standards and procedures for land disturbing or development activities proposed for such areas, this chapter achieves a balance between urban growth and development and the protection of water and natural resources within the city. (2013 Code, § 16.01) (Ord. 807, passed 9-25-2008) § 54.03 SCOPE. (A) Applicability. (1) Every applicant for subdivision approval, a conditional use permit, or a grading permit to allow land disturbing activities must submit a stormwater management plan to the Engineering Division of the city's Public Works Department. The stormwater management plan shall be submitted with the land use application, grading permit application, or as directed by the Public Works Director. No subdivision approval or grading permit will be issued until approval of the stormwater management plan or a waiver has been obtained in conformance with the provisions of this chapter. (2) Every applicant for subdivision approval or a grading permit that involves wetland disturbing activities or work near wetlands must submit a wetland assessment and delineation report to the Engineering Division. The wetland assessment and delineation report shall be submitted with the land use application, grading permit application, or as directed by the Public Works Director. No subdivision approval or grading permit will be issued until approval of the wetland replacement plan application or a certificate of exemption has been obtained in conformance with the provisions of this chapter and the State Wetland Conservation Act of 1991, M.S. § 103G.222 through 103G.2375, as they may be amended from time to time, ("WCA"). 2 Page 80 of 320 (3) Every applicant for a building permit, subdivision approval, conditional use permit, or a grading permit must submit an erosion control plan to the Engineering Division. The erosion control plan shall be submitted with the building permit application, land use application, grading permit application, or as directed by the Public Works Director. No grading permit or building permit will be issued until approval of the erosion control plan has been obtained in conforinance with the erosion control measures, standards, and specifications contained in the State Pollution Control Agency publication, Minnesota Stonnwater Manual, or as otherwise approved by the Public Works Director. (4) Construction, improvement, repair, or alteration of bridges, culvert crossings, driveways, roads,or utilities must obtain a grading permit if the activity involves crossing or impacting a watercourse with a tributary area in excess of 100 acres. The applicant shall provide documentation prepared by an engineer demonstrating that the hydraulic capacity of the watercourse conforms to the city's comprehensive water resources management plan and that activities improve watercourse stability. (B) Exemptions. The provisions of this chapter do not apply to: (1) Any part of a subdivision if a preliminary plat for the subdivision that has been approved by the City Council on or before the effective date hereof; (2) Any land disturbing activity for which plans have been approved by the watershed management organization having jurisdictional control of the land within 6 months prior to the effective date hereof; (3) Installation of fence, sign, telephone, and electric poles and other kinds of posts or poles; (4) Emergency work to protect life, limb, or property. (C) Waiver. The Public Works Director may waive any of the requirements of this chapter upon making a finding that compliance with the requirement will involve an unnecessary hardship and the waiver of such requirement will not adversely affect the water quality and natural resources of the city or adversely impact environmentally sensitive land. The Public Works Director may require as a condition of the waiver that the applicant dedicate easements or construct certain facilities as the Public Works Director deems necessary. (2013 Code, § 16.01) (Ord. 807, passed 9-25-2008) § 54.04 APPLICATION OF THIS CHAPTER. (A) In their interpretation and application, the provisions of this chapter shall be the requirements for the promotion of water resource management within the city. (B) Where any provision of this chapter is either more restrictive or less restrictive than a comparable provision imposed by any other code, ordinance, statute, rule, or regulation of 3 Page 81 of 320 any kind, the more restrictive provision, or the provision which imposes a higher standard or requirement shall prevail. (C) Words or terms defined in this chapter shall have the meanings assigned to them unless such meaning is clearly contrary to the intent of this chapter. The present tense shall include the past and future tenses. (2013 Code, § 16.01) (Ord. 807, passed 9-25-2008) § 54.05 SEVERABILITY. Every section of this Chapter is declared separable from every other section. If any section is held to be invalid by competent authority, no other section shall be invalidated by such action or decision. § 54.06 INCORPORATION BY REFERENCE. The following are hereby incorporated into this Chapter by reference: (A) The National Pollutant Discharge Elimination System Permit, MN R100001 (NPDES Construction General Permit) issued by the Minnesota Pollution Control Agency, August 1, 2013, as amended. The NPDES Construction General Permit is incorporated into this chapter by reference. (B) The city's Design Criteria document. These standards shall serve as the official guide for stormwater principles, methods, and practices for proposed development activities. The city's Design Criteria document is incorporated into this Chapter by reference. STORMWATER MANAGEMENT § 54.14 DEFINITIONS. For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning. APPLICANT. Any person who wishes to obtain a building permit,zoning or subdivision approval. BEST MANAGEMENT PRACTICE (BMP). Practices to reduce the volume of runoff, and improve water quality, to prevent pollution of waters of the state. Best Management Practices are designed to reduce stormwater runoff volume,peak flows, and nonpoint source pollution through evapotranspiration, infiltration, detention, and filtration, and may include activities, prohibitions of practices, treatment requirements, operating procedures, and other management practices. CONSTRUCTION ACTIVITY. Any disturbance to the land that results in a change in the topography, existing soil cover, or the existing soil topography that may result in accelerated stormwater runoff, including clearing, grading, filling, and excavating. 4 Page 82 of 320 CONTROL MEASURE. A practice or combination of practices to control erosion and attendant pollution. FLOOD FRINGE. The portion of the flood plain outside of the flood way. FLOOD PLAIN. The areas adjoining a watercourse or water basin that have been or may be covered by a regional flood. FLOOD WAY. The channel of the watercourse, the bed of water basins, and those portions of the adjoining flood plains that are reasonably required to carry and discharge flood water and provide water storage during a regional flood. HYDRIC SOILS. Soils that are saturated, flooded, or ponded long enough during the growing season to develop anaerobic conditions in the upper part. HYDROPHYTIC VEGETATION. Macrophytic plant life growing in water, soil, or on a substrate that is at least periodically deficient in oxygen as a result of excessive water content. IMPERVIOUS SURFACE. Any surface area that releases as runoff all or a majority of the precipitation that falls on it. Impervious surface includes rooftops, sidewalks, driveways,parking lots, and streets unless specifically designed, constructed, and maintained to be pervious. LAND DISTURBING OR DEVELOPMENT ACTIVITIES. Any change of the land surface including removing vegetative cover, excavating, filling, grading, and the construction of any structure. NEW DEVELOPMENT. Any construction activity that is not defined as redevelopment. PERSON. Any individual, firm, corporation, partnership, franchisee, and association. PERVIOUS SURFACE. Any surface area that allows infiltration of all or the majority of the precipitation that falls on it. Pervious surfaces include turfgrass,rain gardens,planting beds, and other infiltration BMPs. PLAN. A storm water management plan governed by this chapter. PUBLIC WATERS. Waters of the state as defined in M.S. § 103G.005, Subd. 15, as it may be amended from time to time. REDEVELOPMENT. Any construction activity where, prior to the start of construction, the areas to be disturbed have 15% or more of impervious surface. REGIONAL FLOOD. A flood that is representative of large floods known to have occurred generally in the state and reasonably characteristic of what can be expected to occur on an average frequency in the magnitude of a 100-year recurrence interval. 5 Page 83 of 320 SEDIMENT. Solid matter carried by water, sewage, or other liquids. STRUCTURE. Anything manufactured, constructed, or erected which is normally attached to or positioned on land, including portable structures, earthen structures, roads, parking lots, and paved storage areas. WETLANDS. Lands transitional between terrestrial and aquatic systems where the water table is usually at or near the surface or the land is covered by shallow water. For purposes of this definition, WETLANDS must have the following 3 attributes: (1) Have a predominance of hydric soils; (2) Are inundated or saturated by surface or ground water at a frequency and duration sufficient to support a prevalence of hydrophytic vegetation typically adapted for life in saturated soil conditions; and (3) Under normal circumstances support a prevalence of the vegetation. § 54.15 STORMWATER MANAGEMENT PLAN. (A) Application procedure. (1) Application. A written application for stormwater management plan approval, along with a proposed stormwater management plan and maintenance agreement, shall be filed with the Engineering Division of the city's Public Works Department. The application shall include a statement indicating the grounds upon which the approval is being requested,that the proposed use is permitted by right or as an exception in the underlying zoning district, and adequate evidence showing that the proposed use will conform to the standards set forth in this Chapter. (2) Required plan submittals. (a) Two sets of clearly legible blue or black lined copies of drawings, electronic copy of drawings, and required information shall be submitted to the Engineering Division along with the process and approval fee. Information provided shall be prepared per the most recent edition of the city Design Criteria and certified by an engineer licensed in the state. Drawings shall be prepared to a scale appropriate to the site of the project and suitable for the review to be performed. (b) The plans shall be drawn at a minimum scale of 1 inch equals 100 feet and shall contain the following information: 1. Existing site map. A map of existing conditions showing the site and immediately adjacent areas within 200 feet of the site, including: a. The name and address of the applicant, the section, township and range, north point, date, and scale of drawing and number of sheets; 6 Page 84 of 320 b. The location of the property by showing an insert map at a scale sufficient to clearly identify its location and giving such information as the name and numbers of adjoining roads, railroads, utilities, subdivisions, cities, townships, and districts or other landmarks; c. The existing topography with a contour interval appropriate to the topography of the land but in no case having a contour interval greater than 2 feet; d. A delineation of all ponds, infiltration features, streams, rivers, public waters, and wetlands located on and immediately adjacent to the site, including the depth of the water,the normal water level(NWL),the 100-year high water level (HWL), the ordinary high water level (OHW), a description of all vegetation which may be found in the water, a statement of general water quality and any classification given to the water body or wetland by the State Department of Natural Resources,the State Pollution Control Agency, or the U.S. Army Corps of Engineers; e. The location and dimensions of existing stormwater drainage systems and natural drainage patterns on and immediately adjacent to the site delineating in which direction and at what rate stormwater is conveyed from the site, identifying the receiving stream, river, public water, or wetland, and setting forth those areas of the unaltered site where stormwater collects; £ A description of the soils of the site, including a map indicating soil types of areas to be disturbed as well as a soil report containing information on the suitability of the soils for the type of stormwater system proposed and describing any remedial steps to be taken by the applicant to render the soils suitable; g. The location and description of any vegetative cover and a clear delineation of any vegetation proposed for removal; h. The location of 100-year floodplains, flood fringes, and floodways; i. The locations of any existing overhead or underground utilities; j. The locations of property lines and easements; and k. A city approved benchmark listing location and elevation. 2. Site construction plan. A site construction plan including: a. Locations and dimensions of all proposed land disturbing activities and any phasing of those activities; b. Total site area; c. Total area to be disturbed; d. Locations and dimensions of all temporary soil or dirt stockpiles; e. Locations and dimensions of all construction site erosion control measures necessary to meet the requirements of this chapter; £ A schedule of the anticipated start and completion date of each land disturbing activity including the installation of construction site erosion control measures needed to meet the requirements of this chapter; and g. Provisions for maintenance of the construction site erosion control measures during construction. 7 Page 85 of 320 3. Plan of final site conditions. A plan of final site conditions on the same scale as the existing site map showing the proposed site changes including: a. Finished grading shown at contours at the same interval as provided above or as required to clearly indicate the relationship of proposed changes to existing topography and remaining features b. A landscape plan, drawn to an appropriate scale, including dimensions and distances and the location, type, size, and description of all proposed landscape materials which will be added to the site as part of the development; c. A drainage plan of the developed site delineating in which direction and at what rate stormwater will be conveyed from the site and setting forth the areas of the site where stormwater will be allowed to collect; d. The proposed size, alignment, and intended use of any structures to be erected on the site; e. A clear delineation and tabulation of all areas which will be paved or surfaced, including a description of the surfacing material to be used; £ Any other information pertinent to the particular project which, in the opinion of the applicant or the Public Works Director, is necessary for the review of the project; g. Proposed normal water level (NWL), 100-year high water level (HWL), ordinary high water level (OHW) of any ponds, infiltration facilities, streams, rivers, public waters, or wetlands on or downstream from the site; h. Building elevations including low floor elevations and low building opening elevations; and i. Overland emergency overflow routes and their elevations. 4. Stortntivater calculations. Calculations demonstrating the following data shall be provided, according to the method established by the Engineering Division: a. Drainage maps that show the site, land that drains onto the site, and land that the site drains onto for existing and proposed conditions. Delineated drainage areas for ponds, wetlands, or other relevant waters should be indicated on these maps; b. A stormwater model conforming to Engineering Division standards that includes drainage areas, cover types, pond and wetland sizes, pond and wetland outlets, and natural or piped conveyance systems; c. Peak runoff rates from the site before and after development demonstrating that the proposed conditions conform to the policies outlined in the city's comprehensive water resources management plan; d. Volume of runoff from the site before and after development; e. National urban runoff program ("NURP") volume below and normal outlet required and provided in each pond; £ Infiltration calculations for proposed conditions; and g. A narrative summarizing the calculations and demonstrating that proposed drainage alterations do not unreasonably burden upstream or downstream land. 5. Soil borings. If requested by the Public Works Director. 8 Page 86 of 320 6. Maintenance Agreement. The applicant shall enter into a maintenance agreement with the city that documents all responsibilities for operation and maintenance of long-term stormwater treatment BMPs. Such responsibility shall be documented in a maintenance plan and executed through a maintenance agreement. All maintenance agreements must be approved by the city and recorded at the Scott County recorder's office prior to applying for permit termination. At a minimum, the maintenance agreement shall describe the inspection and maintenance obligations: a. The party who is permanently responsible for maintenance of the structural and nonstructural measures. b. Pass responsibilities for such maintenance to successors in title. c. Allow the city and its representatives the right of entry for the purpose of inspecting all permanent stormwater management systems. d. Allow the city the right to repair and maintain the facility, if necessary maintenance is not performed after proper and reasonable notice to the responsible party of the permanent stormwater management systems. e. Include a maintenance plan that contains, but is not limited to the following: I. Identification of all structural permanent stormwater management systems. 2. A schedule for regular inspections, monitoring, and maintenance for each practice. Monitoring shall verify whether the practice is functioning as designed and may include, but is not limited to, quality, temperature, and quantity of runoff. 3. Identification of the responsible party for conducting the inspection, monitoring, and maintenance of each practice. 4. Include a schedule and format for reporting compliance with the maintenance agreement to the city. f. The issuance of a permit constitutes a right-of-entry for the city, its contractors, and agents to enter upon the site. The applicant shall allow the city, its contractors, agents, and any authorized representatives, upon presentation of credentials, to: I. Enter upon the permitted site for the purpose of obtaining information, examination of records, conducting investigations or surveys. 2. Bring such equipment upon the permitted development as is necessary to conduct such surveys and investigations. 3. Examine and copy any books,papers,records,or memoranda pertaining to activities or records required to be kept under the terms and conditions of the permit. 4. Inspect the stormwater pollution control measures. 5. Sample and monitor any items or activities pertaining to stormwater pollution control measures. 6. Correct deficiencies in stormwater and erosion and sediment control measures. 9 Page 87 of 320 7 Fees.All applications for stormwater management plan or maintenance agreement approval shall be accompanied by a processing and approval fee as set by the most recent edition of the city's adopted fee schedule. (B) Stormwater management plan review procedure. (1) Process. Stormwater management plans and maintenance agreements meeting the requirements of this chapter shall be submitted to the Engineering Division of the city's Public Works Department for the Public Works Director's review and approval. The Public Works Director shall recommend approval, approval with conditions, or denial of the stormwater management plan and maintenance agreement to the Planning Commission. Following Planning Commission review, the stormwater management plan and maintenance agreement shall be submitted to the City Council for its review along with the Planning Commission's recommendation. (2) Duration. Approval of a stormwater management plan submitted under the provisions of this chapter shall expire 2 years after the date of approval by the City Council unless construction has commenced in accordance with the plan; however, if prior to the expiration of the approval, the applicant makes a written request to the Public Works Director for an extension of time to commence construction setting forth the reasons for the requested extension,the City Council may grant 1 extension of not greater than 1 single year. (3) Revisions. A stormwater management plan or maintenance agreement may be revised. All revised plans or agreements must contain all information required by this chapter and must be reviewed and approved by the Public Works Director. (4) Conditions. A stormwater management plan and maintenance agreement may be approved by the City Council subject to compliance with conditions that are necessary to ensure that the requirements contained in this chapter are met. Such conditions may, among other matters, limit the size, kind, or character of the proposed development; require the construction of structures, drainage facilities, storage basins, and other facilities; require replacement of vegetation; establish required monitoring procedures; require that the work be staged over time; require alteration of the site's design to ensure buffering; or require the conveyance to the city or other public entity of certain lands or interests therein. (5) Approval. Upon approval of the stormwater management plan or maintenance agreement by the City Council, the applicant shall enter into an agreement with the city to ensure that any required improvements are constructed, any required easements are granted or dedicated, and that there is compliance with any conditions imposed by the City Council. The agreement shall guarantee completion and compliance with the conditions within a specific time, which time may be extended by the City Council. The agreement shall be in a form acceptable to the city. (6) Financial guarantee. Upon approval of the stormwater management plan by the City Council, the applicant shall submit a letter of credit, or cash escrow, to cover 125% of the amount of the established cost of complying with the stormwater management plan. This 10 Page 88 of 320 financial guarantee shall be in a form acceptable to the city and may be incorporated into the financial guarantee provided for grading activities or the financial guarantee provided for street and utility activities. (C) Stormwater management plan approval and implementation standards. (1) Compliance with standards. No stormwater management plan which fails to meet the standards contained in this Chapter shall be approved by the City Council. (2) All stormwater management plans must be submitted to and approved by the Public Works Director prior to the start of construction activity. At a minimum all applicants shall meet the criteria set forth below and observe the standards established by the NPDES Construction General Permit. (3) All stormwater management plans must address erosion and sediment control and shall meet the criteria of Chapter 54.45 through 54.54, inclusive. (4) Stormwater management requirements for permanent facilities. (a) An applicant shall install or construct, on or for the proposed land disturbing or development activity, all stormwater management facilities necessary to meet the criteria of the city's Comprehensive Water Resources Management Plan, Design Criteria, and the NPDES Construction General Permit. No private stormwater facilities will be approved by the city unless a maintenance plan and maintenance agreement are provided that defines who will conduct the maintenance, the type of maintenance, and intervals of the maintenance. In the alternative, or in partial fulfillment of this requirement and upon approval of the Public Works Director, an applicant may make an in-kind or monetary contribution to the development and maintenance of regional stormwater management facilities designed to serve multiple land disturbing and development activities undertaken by 1 or more persons, including the applicant. (b) Proposed Stormwater Management Plans shall incorporate volume control, water quality control, and rate control as the basis for stormwater management in the proposed development plan on sites without restrictions. All proposed Development and Redevelopment projects shall be in conformance with the City of Shakopee's Comprehensive Water Resources Management Plan, Design Criteria, and the most current requirements of the Minnesota Pollution Control Agency (MPCA) Municipal Separate Storm Sewer Systems (MS4) Permit, as applicable, meeting the more restrictive criteria. (c) The applicant shall reduce the need for stormwater management facilities by incorporating the use of natural topography and land cover such as wetlands, ponds, natural swales, and depressions as they exist before development to the degree that they can accommodate the additional flow of water without compromising the integrity or quality of the wetland or pond. 11 Page 89 of 320 (d) The following stormwater management practices shall be investigated by the applicant in developing a stormwater management plan in the following descending order of preference, and the results of that investigation shall be provided to the city in written form as a part of the application: I. Natural infiltration of precipitation on-site; 2. Flow attenuation by use of open vegetated swales and natural depressions; 3. Green infrastructure by use of rain gardens, bioswales, constructed wetlands, and other constructed infiltration practices; 4. Stormwater retention facilities; and 5. Stormwater detention facilities. (e) A combination of stormwater management practices may be used to achieve the applicable minimum control requirements specified in this chapter. Justification shall be provided by the applicant for the method selected. (f) A vegetative buffer shall be required for proposed open channel watercourses that drain 50 acres or more. All provisions in this chapter relating to wetland buffers shall also apply to watercourse buffers. (g) The following additional provisions shall also apply: I. Watercourses shall have a wetland management class of"low" as outlined in this chapter to determine the required area and minimum width of the watercourse buffer. 2. The required area of the buffer shall be calculated using the average buffer width as measured from the ordinary high water level (OHWL). If the OHWL has not been established, the normal water level may be used. If the normal water level is used, the applicant shall provide documentation prepared by an engineer defining the normal water level of the watercourse. 3. Buffers for watercourses are not required for those watercourses that require mowing to maintain their designed hydraulic capacity, as determined by the Public Works Director. 4. Alterations to facilitate erosion control improvements to stabilize the watercourse, including the use of hard-armoring such as riprap is allowed in watercourse buffers with an approved grading permit for the activities.Equivalent water quality treatment shall be provided for buffer areas impacted by these activities. (5) Pond design standards. Stormwater detention facilities constructed in the city shall be designed according to standards established by the Engineering Division, and as prescribed in the city's Design Criteria. (6) Infiltration requirements. Best management practices to manage for volume control and infiltration will be required to the maximum extent practical in accordance with the city's Design Criteria. 12 Page 90 of 320 (a) The maximum extent practical required may be less if the Public Works Director determines that 1 or more of the following conditions apply. If 1 or more of the following conditions apply, the Public Works Director shall quantify the amount of infiltration that will be deemed as the maximum extent practical for the site: 1. The infiltration characteristics of soils on the site are not favorable for the infiltration of stormwater; 2. The site's drainage course is to regional infiltration or detention facilities controlled by the city that reduce runoff volumes; 3. The development of the site does not increase the site's impervious areas; or 4. Other site conditions that make the infiltration of stormwater impractical as determined by the Public Works Director. (7) Mitigation. (a) Where construction projects cannot meet the volume,TS S,or TP reduction requirements for new development or redevelopment projects on the site of original construction, all methods must be exhausted prior to considering alternative locations where volume and treatment standards can be achieved. If the city has determined that all methods have been exhausted, the permittee will be required to identify alternative locations where the standards can be achieved or alternative methods in accordance with the city's Design Criteria. (8) Facilities. Stormwater and infiltration facilities must be located at least 50 feet away from the top of a bluff. (9) Watershed management plans/groundwater management plans. Stormwater management plans shall be consistent with adopted watershed management plans and groundwater management plans approved by the State Board of Water and Soil Resources. (10) Easement. If the stormwater management plan involves direction of some or all runoff off of the site, it shall be the responsibility of the applicant to obtain from adjacent property owners any necessary easements or other property interests to permit the flow of water across the property. (11) Low-floor/building opening elevations. (a) Any new development or redevelopment shall maintain a minimum building opening elevation of at least 3 feet above the anticipated 100-year high water elevation as a standard practice; however, if the applicant demonstrates that this requirement would be a hardship, the standard may be reduced to 2 feet if all of the following can be demonstrated: 1. Within the 2 foot freeboard area, stormwater storage is available which is equal to or exceeds 50%of the stormwater storage currently available in the basin below the 100-year elevation; 2. A 25% obstruction of the basin outlet over a 24-hour period would not result in more than 1 foot of additional bounce in the basin; and 13 Page 91 of 320 3. An adequate overflow route from the basin is available that will provide 1 foot of freeboard for the proposed low building opening. (b) Basement floor elevations must be set to an elevation that meets all of the following criteria: 1. The lowest floor elevation must be at least 4 feet above the currently observed groundwater elevations in the area; 2. The lowest floor elevation must be at least 2 feet above the elevation of any known historic high groundwater elevations for the area. Information on historic high groundwater elevations can be derived from any reasonable sources including piezometer data, soil boring data,percolation testing logs, and the like; and 3. The lowest floor elevation must be at least 2 feet above the 100-year high surface water elevation for the area unless it can be demonstrated that this standard creates a hardship, if the 2- foot standard is determined by the City Council to constitute a hardship, the standard shall be at least 1 foot above the highest anticipated groundwater elevation resulting from a 100-year critical duration rainfall event. The impact of high surface water elevations on groundwater elevations in the vicinity of the structure should take into consideration the site's distance from the floodplain area, the soils, the normal water elevation of surface depressions in the area, the static groundwater table, and historic water elevations in the area. This information shall be provided by a registered engineer or soil scientist. (12) Impervious suNface coverage. The impervious surface coverage of each lot must not exceed the impervious surface coverage allowed under Ch. 151. (13) Accommodation of discharge rates. Storm sewers shall be designed to accommodate discharge rates associated with a 10-year, 24-hour rainfall event in accordance to the Atlas 14 data. (2013 Code, § 16.11) (Ord.807, passed 9-25-2008) § 54.16 STORMWATER AND URBAN RUNOFF POLLUTION CONTROL. (A) Illegal disposal, discharges, and connections. (1) No person shall intentionally dispose of leaves, grass clippings, dirt, gravel, other landscape debris, or anything other than stormwater into a street, road, alley, catch basin, culvert, curb, gutter,inlet, ditch,natural watercourse, flood control channel, canal,or storm drain. The following discharges are exempt from discharge prohibitions established by this section: (a) Water line flushing, landscape irrigation, diverted stream flows, rising ground waters, uncontaminated ground water infiltration, uncontaminated pumped ground water, discharges from potable water sources, foundation drains, air conditioning condensation, irrigation water, springs, water from crawl space pumps, footing drains, lawn watering, individual residential car washing, flows from riparian habitats and wetlands, dechlorinated swimming pool discharges, and street wash water; 14 Page 92 of 320 (b) Discharges or flow from firefighting, and other discharges authorized by the city in writing that are necessary to protect public health and safety; (c) Discharges associated with dye testing, however this activity requires verbal notification to the city prior to the time of the test. (d) The prohibition shall not apply to any non-stormwater discharge permitted under an NPDES permit, waiver, or waste discharge order issued to the discharger and administered under the authority of the federal Environmental Protection Agency, provided that the discharger is in full compliance with all requirements of the permit, waiver, or order and other applicable laws and regulations, and further provided that written approval has been granted for any discharges to the storm drain system. (2) No person shall cause any illicit discharge to enter the city stormwater system. For the purpose of this chapter, ILLICIT DISCHARGE is as defined in the city's stormwater pollution prevention plan (SWPPP) completed for the city's municipal separate storm sewer system (MS4) permit. (3) No person shall use any illicit connection to intentionally convey non-stormwater to the city stormwater system. (a) This prohibition expressly includes, without limitation, illicit connections made in the past, regardless of whether the connection was permissible under the law or practices applicable or prevailing at the time of the connection. (b) A person is considered to be in violation of this Chapter if the person connects a line conveying sewage into the storm drain system, or allows such connection to continue. (4) No person shall leave, deposit, discharge, dump, or otherwise expose any chemical or septic waste in an area where discharge to streets, or a storm drain system may occur. (B) Suspension of MS4 Access (1) Suspension due to Illicit Discharges in Emergency Situations. The city may, without prior notice, suspend MS4 discharge access to a person when such suspension is necessary to stop an actual or threatened discharge which presents or may present imminent and substantial danger to the environment, or to the health or welfare of persons, or to the MS4 or Waters of the United States. If the violator fails to comply with a suspension order issued in an emergency,the city may take such steps as deemed necessary to prevent or minimize damage to the MS4 or Waters of the United States, or to minimize danger to persons. (2) Suspension Due to the Detection oflllicit Discharges. Any person discharging to the MS4 in violation of this Chapter may have their MS4 access terminated if such termination would abate or reduce an illicit discharge.The city will notify a violator of the proposed termination of its MS4 access. The violator may petition the city for a reconsideration and hearing. A person commits an offense if the person reinstates MS4 access to premises terminated pursuant to this Section, without the prior approval of the city. 15 Page 93 of 320 (C) Monitoring of'Discharges. (1) Applicability.This section applies to all facilities that have storm water discharges associated with industrial activity, including construction activity. (2) Access to Facilities. (a) The City of Shakopee or its designee shall be permitted to enter and inspect facilities subject to regulation under this Chapter as often as may be necessary to determine compliance with this Chapter. If a discharger has security measures in force which require proper identification and clearance before entry into its premises, the discharger shall make the necessary arrangements to allow access to representatives of the city. (b) Facility operators shall allow the city or its designee ready access to all parts of the premises for the purposes of inspection, sampling, examination and copying of records that must be kept under the conditions of an NPDES permit to discharge storm water, and the performance of any additional duties as defined by state and federal law. (c) The city or its designee shall have the right to set up on any permitted facility such devices as are necessary in the opinion of the city to conduct monitoring and sampling of the facility's storm water discharge. (d) The city or its designee has the right to require the discharger to install monitoring equipment as necessary. The facility's sampling and monitoring equipment shall be maintained at all times in a safe and proper operating condition by the discharger at its own expense.All devices used to measure stormwater flow and quality shall be calibrated to ensure their accuracy. (e) Any temporary or permanent obstruction to safe and easy access to the facility to be inspected and sampled shall be promptly removed by the operator at the written or oral request of the city and shall not be replaced. The costs of clearing such access shall be borne by the operator. (f) Unreasonable delays in allowing the city or its designee access to a permitted facility is a violation of a storm water discharge permit and of this Chapter. A person who is the operator of a facility with a NPDES permit to discharge storm water associated with industrial activity commits an offense if the person denies the city reasonable access to the permitted facility for the purpose of conducting any activity authorized or required by this Chapter. (g) If the city or its designee have been refused access to any part of the premises from which stormwater is discharged, and he/she is able to demonstrate probable cause to believe that there may be a violation of this Chapter, or that there is a need to inspect or sample as part of a routine inspection and sampling program designed to verify compliance with this Chapter or any order issued hereunder, or to protect the overall public health, safety, and welfare of the community, then the city may seek issuance of a search warrant from any court of competent jurisdiction. 16 Page 94 of 320 (D) Watercourse protection. Every person owning or occupying premises through which a watercourse passes, shall keep and maintain that part of the watercourse within the premises free of trash, debris, excessive vegetation, and other obstacles that would pollute, contaminate, or significantly retard the flow of water through the watercourse. In addition, the owner or occupant shall maintain existing privately owned structures within or adjacent to a watercourse so that such structures will not become a hazard to the use, function, or physical integrity of the watercourse. (E) Notification of spills. Notwithstanding other requirements of law, as soon as any person responsible for a facility or operation or responsible for emergency response for a facility or operation has information of any known or suspected release of materials which are resulting or may result in illegal discharges or pollutants discharging into stormwater, the storm drain system, or waters of the state, said person shall take all necessary steps to ensure the discovery, containment, and cleanup of such release. In the event of such a release of hazardous materials, said person must immediately notify emergency response agencies of the occurrence via emergency dispatch services. In the event of a release of nonhazardous materials, said person shall notify the city no later than the next business day. Notifications in person or by phone shall be confirmed by written notice addressed and mailed to the city within three business days of the personal or phone notice. If the discharge of prohibited materials originates from an industrial establishment, the owner or operator of such establishment shall also retain an on-site written record of the discharge and the actions taken to prevent its recurrence. Such records must be retained for at least three years. (F) Enforcement. (1) Notice of Violation. Whenever the city finds that a person has violated a prohibition or failed to meet a requirement of this Chapter, the city may order compliance by written notice of violation to the responsible person. Such notice may require without limitation: (a) The performance of monitoring, analysis, and reporting; (b) The elimination of illicit connections or discharges; (c) That violating discharges,practices, or operations shall cease and desist; (d) The abatement or remediation of storm water pollution or contamination hazards and the restoration of any affected property; and (e) Payment of a fine to cover administrative and remediation costs; and (f) The implementation of source control or treatment BMPs. (2) Appeal of Notice of Violation. Any person receiving a Notice of Violation may appeal the determination to the City Council. The notice of appeal must be received within 15 days after the date of the Notice of Violation. Hearing on the appeal shall take place within 30 days after the date of receipt of the notice of appeal. The decision of the City Council shall be final. 17 Page 95 of 320 (3) Enforcement Measures After Appeal. If the violation has not been corrected pursuant to the requirements set forth in the Notice of Violation,or, in the event of an appeal,within 15 days after the decision of the City Council, the city may enter upon the subject property and take any and all measures necessary to abate the violation and restore the property. It shall be unlawful for any person, owner, agent or person in possession of any premises to refuse to allow the city or its designated contractor to enter upon the property for the purposes set forth above. (4) Cost of Abatement of the Violation. Within 30 days after abatement of the violation, the owner of the property will be notified of the cost of abatement, including administrative costs. The property owner may file a written protest objecting to the amount of the assessment within 15 days. If the amount due is not paid within a timely manner as determined by the decision of the City Council or by the expiration of the time in which to file an appeal, the charges shall become a special assessment against the property and shall constitute a lien on the property for the amount of the assessment. (5) Injunctive Relief: If a person has violated or continues to violate the provisions of this Chapter, the city may petition the district court for a preliminary or permanent injunction restraining the person from activities that would create further violations or compelling the person to perform abatement or remediation of the violation. (6) Compensatory Action. In lieu of enforcement proceedings, penalties, and remedies authorized by this Chapter, the city may impose upon a violator alternative compensatory actions, such as storm drain stenciling, attendance at compliance workshops, creek cleanup, etc. (7) Violations Deemed a Public Nuisance.In addition to the enforcement processes and penalties provided, any condition caused or permitted to exist in violation of any of the provisions of this Chapter is a threat to public health, safety, and welfare, and is declared and deemed a nuisance, and may be summarily abated or restored at the violator's expense, and a civil action to abate, enjoin, or otherwise compel the cessation of such nuisance may be taken. (8) Remedies Not Exclusive. The remedies listed in this Section are not exclusive of any other remedies available under any applicable federal, state or local law and it is within the discretion of the city to seek cumulative remedies. (2013 Code, § 16.11) (Ord. 807, passed 9-25-2008) Penalty, see § 54.99 § 54.17 LAWN FERTILIZATION RESTRICTIONS. (A) Timing of fertilizer application. No lawn fertilizer shall be applied when the ground is frozen and in no event during the period of November 15 through April l of the succeeding year. (B) Impervious surfaces. Lawn fertilizer shall not be applied, spilled, or otherwise deposited on any impervious surface. Any lawn fertilizer applied, spilled, or deposited, either 18 Page 96 of 320 intentionally or accidentally, on an impervious surface shall be immediately and completely removed. (C) Buffer zones.No lawn fertilizer shall be applied within any established wetland buffer zone or within 20 feet of the edge of any wetland, pond, river, creek, or lake. (D) Lawn fertilizer content and application rate. No lawn fertilizer containing any amount of phosphorus or other compounds containing phosphorus, such as phosphate shall be applied to any turf within the city except when the following conditions apply: (1) Newly established turf areas for the turf's first growing season; or (2) In turf areas in which a soil test confirms that the turf area is below phosphorus levels established by the University of Minnesota Extension Service. The fertilizer to be applied shall not contain an amount of phosphorus that exceeds the amount recommended in the soil test evaluation. (E) Notice requirement. Retail businesses selling lawn fertilizer containing phosphorus shall post a notice in a conspicuous location near the law fertilizer notifying customers of the limitation on the use of lawn fertilizer containing phosphorous contained in this Chapter. (2013 Code, § 16.11) (Ord. 807, passed 9-25-2008) WETLAND MANAGEMENT § 54.30 AREAS AFFECTED. This Chapter applies to all parcels containing wetlands as defined by the 1987 Corp of Engineers Wetlands Delineation Manual. This Chapter also applies to any parcel located near a wetland that would be required by this chapter to have a wetland buffer or wetland buffer setback. (2013 Code, § 16.12) (Ord.807, passed 9-25-2008) § 54.31 WETLAND ASSESSMENT AND DELINEATION. (A) A wetland assessment and delineation shall be submitted to the Engineering Division of the city's Public Works Department when required by this chapter for review. The Public Works Director shall recommend approval, approval with conditions, or denial of the wetland assessment and delineation to the Planning Commission. Following Planning Commission review,the wetland assessment and delineation shall be submitted to the City Council for its review along with the Planning Commission's recommendation. (B)The wetland assessment report and delineation must be performed and prepared by a qualified wetland specialist. Wetland delineation in the report shall be shown on a scaled drawing that also shows the location of existing and proposed property lines, buildings, and other topographic features of the site. For each wetland delineated in the report, a wetland management 19 Page 97 of 320 class as defined by the State Routine Assessment Method (MNRAM) for evaluating wetland functions - Version 3.1 or later version- must be assigned. (2013 Code, § 16.11) (Ord. 807, passed 9-25-2008) § 54.32 WETLAND BUFFERS. For any parcel created or redeveloped, a wetland buffer as defined in this Chapter is required. (A) Required wetland buffer dimensions. (1) Wetland buffer dimensions will be based on the wetland's management class as defined by MNRAM. Wetland Management Class Average Required Buffer Minimum Required Buffer (MNRAM) Width (feet) Width (feet) A Exceptional 65 25 B High 50 25 C Medium 35 25 C Low 25 25 (2) The required area of the wetland buffer shall be calculated using the average buffer width as measured from the delineated wetland edge. (B) Required wetland buffer vegetation. Vegetation within a wetland buffer shall be established and maintained as follows: (1) The first 25 feet of the wetland buffer as measured from the wetland delineation or public waters wetland ordinary high water level (OHWL) must not be disturbed during project construction (i.e. cleared or graded), with the exception of temporary disturbances for public roads and utility construction. This area must be protected from disturbance with temporary fencing prior to construction.If it is necessary to establish acceptable vegetation within the area so that it is in compliance with the vegetation requirements of this Chapter, vegetation may be removed and replaced,and site soils preparation work may be performed within this area. (2) Where acceptable natural vegetation exists within the wetland buffer,the retention of such vegetation in an undisturbed state is required unless the applicant receives approval from the Public Works Director to replace such vegetation. A wetland buffer is considered to have acceptable natural vegetation if it has a continuous, dense layer of perennial grasses, or an overstory of trees or shrubs that have been uncultivated or unbroken for at least five consecutive years. The city may determine existing vegetation to be unacceptable if the wetland buffer has undesirable characteristics such as noxious or invasive plant species or topography that channelizes the flow of runoff. (3) (a) In cases where the wetland buffer does not contain vegetation or has been cultivated or otherwise disturbed within five years of the application, the wetland buffer area must be replanted with native seed mix approved by the Public Works Director and maintained until it is established. 20 Page 98 of 320 (b) The proposed types of wetland buffer plantings, proposed maintenance, and monitoring activities and schedule must be identified on the application. Any vegetation planted within the wetland buffer are independent of any landscaping that may be required elsewhere on the property by the city. (c) During the first 2 full growing seasons, the owner must replant any wetland buffer vegetation that does not survive. After this time, the owner shall remain responsible for re- seeding or replanting vegetation within the wetland buffer if it changes at any time due to human intervention or activities. (C) Wetland buffer easements and markers. When a wetland buffer is required pursuant to this Chapter, the applicant shall prior to issuance of any building permits by the city: (1) Submit to the city for its approval a conservation easement in favor of the city for protection of the wetland buffers and wetlands on the property, or include the wetland buffer and wetlands in an outlot dedicated to the city as part of the plat. The conservation easement shall legally describe the boundaries of the wetland or public waters wetland and the wetland buffer and identify the marker locations; (2) Record the conservation easement or final plat with the county and submit evidence thereof to the city; (3) Wetland buffers shall be marked to clearly designate their boundaries. At least 1 marker shall be required on each lot. There shall be at least 1 marker every 200 feet along the edge of the wetland buffer; and (4) A marker shall consist of a post and a sign indicating the presence of a wetland buffer. The applicant will be required to furnish and install by 4 inch sign posts to a height of 5 feet above finished grade. The city will furnish and install the signs. If the applicant does not install the posts, the city will furnish and install them. Fees incurred by the city for post furnishing and installation will be paid by the applicant. (D) Wetland buffer alterations. (1) Alterations including building or placement of structures, storage of materials, paving, mowing, plowing, introduction of noxious vegetation, cutting for non-management purposes, dredging, filling, mining, dumping, grazing livestock, agricultural production, yard waste disposal, or fertilizer application, are prohibited within the wetland buffer. (2) The following activities shall be permitted in the wetland buffer and shall not constitute prohibited alterations: (a) Removal of noxious vegetation such as,but not limited to, European buckthorn,purple loosestrife, and reed canary grass; (b) Installation of new plantings that enhance the natural vegetation; (c) Selective clearing or pruning of trees or vegetation that are dead, diseased, or pose similar hazards; 21 Page 99 of 320 (d) Use and maintenance of 1 unimproved access strip through the wetland buffer for recreational access to a watercourse,where permitted. The strip shall be no greater than 20 feet in width; (e) Construction, maintenance, repair, reconstruction, or replacement of existing and future public roads, utilities, or drainage systems within a wetland buffer, so long as any adverse impacts of the construction and installation on the function of the wetland buffer have been avoided or minimized to the extent practical and the activity has been approved by the city; (f) Construction of individual sewage treatment systems (ISTS) so long as the vegetation growing on the system is maintained in accordance with this Chapter, the area for the ISTS is not credited as wetland buffer area, and the edge of the ISTS is located at least 35 feet from the delineated wetland edge; (g) Clearing, grading, and seeding if part of a wetland replacement plan approved by the City; (h) Maintenance, repair, or replacement of trails; and (i) Placement or maintenance of ponds or other stormwater treatment facilities, so long as the area of the pond is not credited as wetland buffer area and the embankment of the pond is located at least 35 feet from the delineated wetland edge. (E) Exceptions. (1) Wetland buffers and structure setbacks are not requited for any residentially zoned lot of record as of the effective date of this chapter. (2) Wetland buffers and structure setbacks are not required for any wetland that qualifies for a de minimus exemption under the Wetland Conservation Act. (3) Wetland buffers and structure setbacks are not required for any wetland qualifying for an incidental wetland exemption under the Wetland Conservation Act. (2013 Code, § 16.11) § 54.33 STRUCTURE SETBACKS. (A) Parcels that are newly created or redeveloped after the effective date of this chapter are required to have a structure setback from the wetland buffer for all new structures. (B) The structure setback shall be measured from outer edge of the wetland buffer. (C) For residential parcels, a 30-foot front and rear yard structure setback and a 10-foot side yard structure setback is required from the wetland buffer. (D) All nonresidential parcels shall be required to provide a 10-foot structure setback for front, rear and side yards. (2013 Code, § 16.12) (Ord. 807, passed 9-25-2008) 22 Page 100 of 320 EROSION AND SEDIMENT CONTROL § 54.45 EROSION CONTROL PLAN. (A) An erosion control plan shall be submitted to the Engineering Division of the city's Public Works Department when required by this chapter along with a grading permit application. All applications for a grading permit shall be accompanied by a processing and approval fee as set by the city fee schedule. (B) The erosion control plan shall contain all of the following with respect to conditions existing on site during construction and after final structures and improvements have been completed. (1) A description of and specifications for sediment retention and settling devices; (2) A description of, specifications for,and detail plates for surface runoff and erosion control devices; (3) A description of vegetative measures; (4) A detailed timetable for restoring all disturbed areas; (5) A graphic representation of the location of all specified erosion and sediment control devices; (6) An implementation schedule for installing and subsequently removing devices described above; (7) A maintenance schedule for all sediment and erosion control devices specified; (8) An estimate of the costs to implement all final and temporary erosion and sediment control measures; (9) An information sheet on the parties responsible for constructing and maintaining the erosion control measures as shown on the erosion control plan. The information sheet should contain the phone numbers and addresses of at least 2 persons and indicate how they can be contacted at all times (days, nights, weekends, and the like) regarding repairing and maintaining the erosion control measures; (10) The erosion control plan must contain details to specify which erosion and sediment control facilities are permanent and which are temporary; and (11) If required, a nationwide pollutant discharge elimination system (NPDES) general stormwater permit must be obtained from the State Pollution Control Agency prior to commencing construction activities. The associated stormwater pollution prevention plan (SWPPP) should be included in the erosion control plan and approved by the Public Works Director prior to construction. A copy of the NPDES permit must be provided to the city prior to construction. (2013 Code, § 16.13) (Ord. 807, passed 9-25-2008) § 54.46 PROCESS. Erosion control plans meeting the requirements of this chapter shall be submitted to the Engineering Division of the city's Public Works Department for the Public Works Director's review and approval. The Public Works Director shall recommend approval, approval with 23 Page 101 of 320 conditions, or denial of the erosion control plan to the Planning Commission. Following Planning Commission review, the erosion control plan shall be submitted to the City Council for its review along with the Planning Commission's recommendation. (2013 Code, § 16.13) (Ord.807, passed 9-25-2008) § 54.47 IMPLEMENTATION OF AN EROSION CONTROL PLAN. Prior to the start of any earthwork activities, the permittee must have in place and functional the erosion controls as outlined on the approved erosion control plan. Additional erosion control measures may be required as directed by the Public Works Director. (A) No earth moving activities shall commence until the erosion controls have been field inspected and approved by the Public Works Director. (B) At a minimum, the permittee must meet the Erosion Control specifications set forth within the city's Design Criteria and observe the standards established in the NPDES Construction General Permit requirements. (C) The permittee must maintain the erosion control on the site to the process. If the erosion control is not being maintained to the Director's satisfaction,the city may perform remedial work on the site as outlined in this Chapter. (D) All erosion control systems must be maintained by the permittee in an acceptable condition until turf is established or structural surfaces are constructed to protect the soil from erosion. (2013 Code, § 16.13) (Ord. 807, passed 9-25-2008) § 54.48 FINANCIAL SECURITY. (A) Upon approval of the erosion control plan by the City Council, the applicant shall submit a letter of credit, or cash escrow, to cover 125% of the amount of the established cost of complying with the erosion control plan. This financial guarantee shall be in a form acceptable to the city and may be incorporated into the financial guarantee required for grading activities. (B) The city may draw on the letter of credit or cash escrow after providing the permittee with at least five business days' notice. (C) The city may act against the financial security if any of the conditions listed below exist: (1) The permittee ceases land-disturbing activities or filling and abandons the work site prior to completion of the grading plan; (2) The permittee fails to conform to the approved grading or erosion control plan; (3) The techniques utilized under the erosion control plan fail within 1 year of installation; or; (4) The Public Works Director has determined that additional action on the site is necessary to prevent excessive erosion from occurring. 24 Page 102 of 320 (D) The city may use the funds from the financial security to reimburse itself for any remedial work undertaken by the city or its contractor, and for any administrative costs incurred in the process of performing the remedial work including, but not limited to, staff time, and attorney's fees. (E) The financial security deposited with the city for faithful performance of the grading and erosion control work shall be released 1 year after the ground cover and other erosion control measures have been installed. All temporary erosion control measures, such as silt fences and hay bales,must be removed from the site prior to the city releasing the financial security. (2013 Code, § 16.13) (Ord. 807, passed 9-25-2008) § 54.49 INSPECTION OF EROSION CONTROL PLAN. The city will make periodic inspections of the site to ensure compliance with the erosion control plan. (A) The permittee or his/her agent shall ensure that a trained and certified person will regularly inspect the construction site at least once every seven days until final stabilization and within 24 hours of a rainfall event of one-half inch or greater in a 24 hour period. All inspection and maintenance activities conducted on the site during construction must be recorded in writing and retained within the erosion control plan and provided to the city. Records of each inspection and maintenance activity shall include the following; 1. Date and time of inspection; 2. Name(s) of persons conducting the inspection; 3. Findings of inspections, including recommendations for corrective actions; 4. Corrective actions taken, including the dates, times and the name of the party completing the corrective action; 5. Date and the amount of rainfall events that are greater than one-half inch in a 24 hour period; and 6. Documentation of any changes made to the erosion and sediment control plan. (B) Site and BMP Maintenance. Prior to any construction, the developer shall provide the Public Works Director with a schedule for erosion and sediment control inspection and maintenance, including schedules for street cleaning, and street sweeping. All site and BMP maintenance activities must comply with the requirements of the NPDES construction general permit. The applicant shall investigate and comply with the following BMP maintenance requirements: 1. Silt fence: All silt fences must be repaired, replaced or supplemented when they become nonfunctional or the sediment reaches one-half (1/2) of the height of the fence. Repairs shall be made by the end of the next business day after discovery or as soon as field conditions allow access. 2. Temporary Sediment Basins: Temporary sedimentation basins must be drained and the sediment must be removed when the depth of the sediment collected in the basin 25 Page 103 of 320 reaches one-half the storage volume. Drainage and removal must be completed within 72 hours of discovery or as soon as field conditions allow access. 3. Surface Waters and Conveyance Systems: Surface water, including drainage ditches and conveyance systems, must be inspected for visible signs of sediment being deposited by erosion. The applicant must remove all sediment deposited in surface waters, including drainage ways, catch basins, and other drainage systems and must restabilize the areas of exposed soil as a result of sediment removal. The removal and stabilization must take place within seven days of discovery unless legal, regulatory or physical access constraints prevent remediation. In the event of an access constraint, the applicant shall use all reasonable efforts to obtain access. If access is precluded, removal and stabilization must take place within seven calendar days of obtaining access. The applicant is responsible for contacting all local, regional, state and federal authorities and obtaining any required permits prior to conducting any work. 4. Streets and Paved Surfaces: Where vehicle traffic leaves any part of the site,the exit locations must be inspected for visible signs of off-site sediment tracking onto paved surfaces. The construction entrance pad BMP must remain clean and tracked sediment must be removed from all off-site paved surfaces as soon as possible or within 24 hours of discovery. 5. General Maintenance: The applicant shall be responsible for the operation and maintenance of temporary and permanent water quality management BMPs, as well as erosion prevention and sediment control BMPs for the duration of the construction work on the site. The applicant remains responsible until another party has assumed control over all areas of the site that have not established final stabilization and a Notice of Termination(NOT)has been submitted to the Minnesota Pollution Control Agency. 6. Infiltration Areas: All infiltration areas must be inspected to ensure that no sediment from ongoing construction activities is reaching the infiltration area and these areas are protected from compaction caused by construction equipment driving across the infiltration area. (2013 Code, § 16.13) (Ord. 807, passed 9-25-2008) § 54.50 APPLICATION REVIEW AND INSPECTION FEES. (A) The city shall charge an application review fee for the review of the erosion control permit application and the erosion control plan. As part of this review,the city will review the permittee's as-built survey submitted after the completion of grading activities to ensure that it conforms to the overall erosion control plan for the area. The application fee shall be set by the city fee schedule. If this fee is not paid with 45 days, the fee may be taken from the financial security provided by the applicant. 26 Page 104 of 320 (B) (1) An inspection fee will be charged for any inspections of the site by the city that are needed to review corrective erosion control work or to follow up on previously incomplete work. This inspection fee will be deducted from the financial security. (2) The amount will be set by the city fee schedule. If this fee is not paid within 45 days, the fee may be taken from the financial security posted by the applicant. (2013 Code, § 16.13) § 54.51 NOTIFICATION OF FAILURE OF EROSION CONTROL PLAN. The city shall notify the permittee of the failure of the erosion control measures that have been constructed. The notification will be by phone or fax to the parties listed on the information sheet required by this-Chapter. The city, at its discretion, may begin remedial work within 48 hours after notification has been provided. (2013 Code, § 16.13) (Ord.807, passed 9-25-2008) § 54.52 EROSION OFF-SITE. If erosion breaches the perimeter of the site, the permittee shall immediately develop a cleanup and restoration plan, obtain a right-of-entry from the adjoining property owner, and implement the cleanup and restoration plan within 48 hours of obtaining the adjoining property owner's permission. In no case, unless written approval is received from the Public Works Director may more than 7 calendar days pass without any corrective action being taken. If at the discretion of the city, the permittee does not repair the damage caused by the erosion,the city may perform the remedial work required, after notice is provided to the permittee. (2013 Code, § 16.13) (Ord. 807, passed 9-25-2008) § 54.53 EROSION INTO STREETS,WETLANDS, OR WATER BODIES. If eroded soils enter, or entrance appears imminent into streets, wetlands, or other water bodies, cleanup and repair shall be immediate. The permittee shall provide all traffic control and flagging required to protect the traveling public during the cleanup operations. If, at the discretion of the city, the permittee does not repair the erosion, the city may perform the remedial work required, after notice is provided to the permittee. (2013 Code, § 16.13) § 54.54 FAILURE TO DO CORRECTIVE WORK. When a permittee fails to conform to any provision of this Chapter within the time stipulated, the city may take the following actions: (A) Withhold the scheduling of inspections; (B) Withhold the issuance of a certificate of occupancy; (C) Issue a Notice of Violation. When the city determines that an activity is not being carried out in accordance with the requirements of this Chapter, it shall issue a written notice of violation to the owner of the property. The notice of violation shall contain: 27 Page 105 of 320 a. The name and address of the owner or applicant; b. The address when available or a description of the land upon which the violation is occurring; c. A statement specifying the nature of the violation; d. A description of the remedial measures necessary to bring the development activity into compliance with this Chapter and a time schedule for the completion of such remedial action(s); e. A statement of the penalty or penalties that shall or may be assessed against the person to whom the notice of violation is directed, and; f. A statement that the determination of violation may be appealed to the city by filing a written notice of appeal within 15 days of service of the notice of violation. Service may be accomplished by mail or by personal delivery of the notice. (D) Issue a stop-work order; (E) Direct the correction of the deficiency by city forces or separate contract. The issuance of an erosion control permit constitutes a right-of-entry for the city or its contractor to enter upon the construction site for the purpose of correcting deficiencies with respect to erosion control.All costs incurred by the city in correcting erosion control deficiencies, including administrative expenses, shall be reimbursed by the permittee. If payment is not made within 30 days after an invoice is issued, the city may draw from the financial security, if the financial security is of an insufficient amount, the city may assess the remaining amount against the property. As a condition of the permit, the owner shall be required to waive notice of any assessment hearing to be conducted by the city, concur that the benefit to the property exceeds the amount of the proposed assessment, and waive all rights by virtue of M.S. § 429.081, as it may be amended from time to time, to challenge the amount or validity of the assessment. (2013 Code, § 16.13) (Ord.807, passed 9-25-2008) § 54.99 PENALTY. (A) A person violating any provision of this chapter shall be guilty of a misdemeanor and upon conviction shall be subject to the penalties imposed by state statutes for misdemeanor offenses. (2013 Code, § 16.13) (B) For the first 12 months following the effective date of § 54.15 through 54.17, no penalty shall attach to a violation of§ 54.15 through 54.17. Thereafter, a person violating any provision of § 54.15 through 54.17 shall be guilty of a petty misdemeanor and upon conviction shall be subject to the penalties imposed by state statutes for petty misdemeanor offenses. (2013 Code, § 16.11) (Ord.807, passed 9-25-2008) 28 Page 106 of 320 Section 2. Effective Date. This ordinance becomes effective from and after its passage and publication. Adopted in regular session of the City Council of the City of Shakopee, Minnesota held this 17 day of October, 2017. Mayor of the City of Shakopee Attest: City Clerk Published in the Shakopee Valley News on the day of , 2017. 29 Page 107 of 320 City of Shakopee Design Criteria Revised: May 4, 2004 by Resolution No. 6041 Revised: April 4, 2006 by Resolution No. 6391 Revised: September 2, 2008 by Resolution No. 6805 Revised: October 17, 2017 by Resolution No. 7933 City of Shakopee Design Criteria Page I Page 108 of 320 Table of Contents Design Criteria and General Plan Requirements - Grading, Street and Utility Improvements Sect. l General Sect. 2 Grading Sect. 3 Erosion and Sediment Control Sect. 4 Storm Sewer Sect. 5 Sanitary Sewer Sect. 6 Utilities Sect. 7 Street Lights Sect. 8 Streets and Alleys Sect. 9 Sidewalks and Trails Sect. 10 Lots and Blocks Sect. 11 Plan Standards Sect. 1 — General The requirements contained in this document are minimum general requirements for new construction. The City Engineer may require additional information and increase the minimum requirements on any project. Sect. 2 — Grading 1. General. The grading and erosion control plans shall conform to the most recent editions of "Minnesota Stormwater Manual"" " Management Pfaetliees -.,*---f Minnesota", " , City of Shakopee "Comprehensive Stormwater Management Plan" or as modified herein and the City's most recent Standard Detail Plates. 2. Gradinu and Erosion Control. A. The minimum allowable grade in non paved areas is 2%. B. No final graded slopes shall be steeper than three (3) feet horizontal to one (1) foot vertical (3:1). C. Driveway grades shall be less than ten (10)percent, and greater than one (1)percent. Driveway grades shall not be greater than six (6) percent within the right-of-way. Commercial and Industrial Driveway grades shall not be greater than six (6)percent for any part of the driveway. D. Lots shall be graded so as to provide drainage away from building locations. City of Shakopee Design Criteria Page 2 Page 109 of 320 3. Topsoil - Sodding and Seeding. Topsoil moved during the course of construction shall be redistributed in turf establishment areas with a minimum of six (6) inches of topsoil. Disturbed boulevard areas shall be restored in accordance with the City of Shakopee General Specifications and Standard Detail Plates for Street and Utility Construction. Additionally, sod must be installed the full easement width of all drainage swales leading to drainage structures on each lot (silt fence must be installed behind this sod). 4. Drainage. During the grading of the site, the natural drainage system shall be utilized as much as feasible for the storage and flow of runoff. 5.As-built Grading Plan. Upon completion of the grading of subdivisions, an as-built survey of the grading shall be submitted to the City. This plan must,at minimum, show the existing locations and elevations of all street centerline and top of curb high points and low points, all lot corners, building pads, intermediate tops of curb, sidewalks, trails, sanitary sewer structures, storm sewer structures, emergency over flows, high points in non-paved areas, ponding areas and wateimain. The plan shall certify that all grading and erosion control is in conformance with the approved plans and that all ponding areas are within drainage and utility easements. Two benchmarks shall be shown on the as-built grading plan. No building permits shall be issued until this plan has been submitted and approved by the City Engineer. An electronic copy must be submitted in a format approved by the City Engineer. 6. Grading Permit. Grading Permits will be required, as described in Section 44-.60151.110; „I, a;z.;n; ,ri - of the City Code. Prior to issuance of a grading permit, the applicant shall strictly adhere to the requirements set forth in Chapter 46-54 of the City Code. The applicant must submit a written application for stormwater management plan approval along with the site's stormwater management plan per requirements set forth in Chapter 4,6-54 of the City Code. The applicant must submit the appropriate wetland applications in accordance with the Minnesota Wetland Conservation Act (WCA) per requirements set forth in Chapter 54 of the City Code. 7. Tree Preservation Fence. Existing trees, which are to be saved, shall be protected with a tree preservation fence installed at the drip line of the tree(s). No grading, construction materials, or equipment will be allowed beyond this fence. 8. Plan Requirements. The following are specific requirements related to the development of grading and erosion control plans for the proposed development and adjacent land within two- hundred(200) feet unless noted otherwise: A. Show and label existing underground and overhead utilities. B. Show the location and indication of demolition or relocation of existing structures. C. Show lot corner elevations and benchmarks utilized. City of Shakopee Design Criteria Page 3 Page 110 of 320 D. Existing contours shall be at one (1) foot or two (2) foot intervals shown with dashed lines and screened. The contours shall extend beyond the proposed plat boundaries a minimum of two-hundred (200) feet or as necessary to completely show the limits of a drainage basin not fully contained within the proposed plat. Ten (10) foot contour intervals shall be bold. E. Proposed contours shall be at one (1)foot or two (2)foot intervals shown with solid lines. Ten (10) foot contour intervals shall be bold. F. Ponds, wetlands, lakes, streams or manholes shall be shown with the following: 1. Show the NWL and HWL for ponds and wetlands. 2. Show OHWL and DNR number if applicable. 3. Ponds shall include ten(10)foot bench, sloping downward from the NWL ten (10)feet horizontal to one(1) foot vertical (10:1). 4. Show the delineated wetland boundary. G. Show existing and proposed building footprints with proposed floor elevations. H. The lowest floor elevations of affected structures adjacent to outletted ponds shall be in accordance with the City's Stormwater Management Plan. I. Show emergency overflow routes from all low points and show the high point elevation along emergency overflow routes. Show directional flow arrows. Emergency overflows shall be a minimum of one (1) foot plus the high flow elevation (minimum of 1.5-feet) below the lowest opening elevation of adjacent affected structures. J. Show limits of clearing and grubbing. K. For proposed retaining walls, identify top and bottom elevations of retaining wall. Retaining walls greater than four (4) feet in height shall be designed and certified by a licensed professional engineer. L. Show all lot numbers, block numbers, and drainage and utility easements. 9. Haul Routes. Prior to grading and erosion control operations commencing, a drawing must be submitted outlining the proposed haul routes for the import and export of all materials to and from the site. All haul routes are subject to approval by the City Engineer. Sect. 3 — Erosion and Sediment Control 1. Purpose. The purpose of this Section is to promote the public health, safety,property and general welfare of the citizens of the City and to conserve the soil, water and related resources and to control erosion and sedimentation caused by land disturbing activities. 2. Administration. The Building Official or the City Engineer (depending on the land disturbing activity) shall be designated as the Administrator of this Section. City of Shakopee Design Criteria Page 4 Page 111 of 320 3.Activities Subiect to Erosion Control Measures. A. Any land disturbing activity in residential, multi-family, commercial or industrial zones shall be subject to erosion control measures provided that: 1. An area of ten-thousand (10,000) square feet or greater will be disturbed by excavation, grading, filling or other earth moving activities resulting in the loss of protective vegetation; or, 2. Excavation or fill exceeding fifty(50) cubic yards; or, 3. The installation of underground utilities, either public or private, resulting in more than three-hundred(300) feet of trenching or earth disturbance. B. Any subdivisions that require plat approval or a certified survey map. C. Agricultural lands used mainly for the production of food, general farming, livestock and poultry enterprises, nurseries, forestry, etc., are not subject to the provisions of this Section. D. Any other land disturbing activity for which the City Engineer determines to have the potential for substantial erosion. 4. Erosion Control Plans. A. All land disturbing activities covered by this Section shall be required to have an approved erosion control plan,per requirements set forth in Chapter 5446 of the City Code, on file with the City prior to any construction starting. B. The erosion control plan shall contain any such information necessary for the Building Official and the City Engineer to determine that adequate erosion and sediment control measures are proposed. As a minimum, a topographic map showing existing and proposed contours,location of any natural watercourses and drainage ways,the extent of the land disturbing activity and any erosion control measures shall be shown on the plans submitted and approved. C. In addition to the plans, a narrative report summarizing the proposed erosion control measures shall be submitted. This report shall include language discussing the timing of the installation, phasing, stabilization of all structures, maintenance and eventual removal of all structures. A Storm Water Pollution Prevention Plan (SWPPP) in compliance with National Pollutant Discharge Elimination System (NPDES) requirements must also be submitted. D. At a minimum, the permittee shall meet the specifications set forth below and observe the standards established in the NPDES Construction General Permit requirements. City of Shakopee Design Criteria Page 5 Page 112 of 320 1. Soil Stabilization: Soil stabilization shall be coMpleted in a tung-Period as specified by the NPDES construction2eneral hermit and the 61yl-Zeneral specifications and standards. The city of Shakopee may require the site to be reseeded or a nonvegetative option employed, 2. Seeding: Seeding shall be in accordance with seedinv, specifications. All seeded areas shall be fertilized, mulched, and disc anchored as necessary for seed retention. 3. Soil Stockpiles: Soil stoclMiles which shall be inactive fora eriod of fourteen (14) or more days must be stabilized or covered at the end of each workday. Stockpiles shall include perimeter sediment controls and must not be placed in natural buffers or surface waters, including stormwater conveyances. 4. Ninety Percent Coverwze: The entire site must be stabilized at a niggly_percent (90%) coverage, using a heavy mulch laver or another method that does not require germination to control erosion,at the close of the construction season. 5. Site Development Sediment Controls: Site development sediment controls practices shall include those identified in the City's general specifications including,but not limited to: a. Settfim4 basins, sediment traps, or tanks. b. Protection for adiacent Properties by the use of a vegetated.buffer..strip in combination with perimeter controls. C. Perimeter control including machine sliced silt fence or other city approved BMP, which shall be in place before, during and after grading of the site. Fencing shall be removed only after seventy percent(70%) stabilization. d. Areas designated as a temporary construction staff v area. 6. Temporary sediment basins: For sites that have more than ten (10) acres o disturbed soil that drains to a common location(or, five (5) or more acres for special or impaired waters), one or more temporary sediment basins shall be constructed. Use of temporary basins is eco aged when construction proiects will impact steep slopes or when highly erodible soils are present. The basin shall provide treatment to the runoff before it leaves the construction site or enters surface waters. The temporary sediment basins must be desimed and constructed as follows: a. Provide live storage for a calculated volume of runoff from a two (2)- year, 24-hour storm from each acre drained to the basin. All basins shall provide at least 1,800 cubic feet of live storage from each acre drained or more. b. For basins where the calculation in Section 10-1-12, B.Ta. has not been performed, a temporary sediment basin providing 3,600 cubic feet of live storage from each acre drained to the basin shall be provided for the entire drainage area of the temporary basin. C. The outlet structure must be designed to withdraw water from the surface in order to minimize the discharge of pollutants. d. The basin outlet shall be desimed to Prevent short-circuiting-and-the discharge of floatimz debris. City of Shakopee Design Criteria Page 6 Page 113 of 320 e. Ensure the basin can be com-pleteiv drawn down to conduct maintenance activities. f. Include energyv dissipation on the outlet of the basin and a stabilized emergency overflow to prevent failure of pond integrity. 2. Be located outside of surface waters or any buffer zone, and be designed to avoid draining water from wetlands unless ai)Dro-Driate approval from the U.S. Army Corps of Engineers and the Minnesota Department of Natural Resources is obtained. h. If installation of a temporary sediment basin is infeasible, equivalent sediment controls such as smaller sediment basins, and/or sediment traps, silt fences, vegetative buffer strips, or anv avoropriate combination of measures are required for all down-slope boundaries of the construction area and for side-slope boundaries where anropriate. Determination of infeasibility shall be documented in the erosion and sediment control plan. 7. Individual Construction Site Sediment Controls: Individual construction site sediment controls shall include: a. Rock construction entrance (driveway), b. Perimeter controls includim,, silt fence in place before, during and after grading of the site. Fencing shall be removed only after DrQper turf establishment.. S. Waterway and Watercourse Protection: Waterway and watercourse protection requirements shall include stabilization of the watercourse channel before, during and after any in-channel work consistent with the City" general specifications. a. A temporary stream crossing must be installed and approved by the local government unit and mmlatma agency if a wet watercourse will be crossed regularly during construction. b. The watercourse channel shall be stabilized before,during,and within 24 hours after any in-channel work. C. No in-water work shall be allowed in Public Waters durin2 the MnDNR's work exclusion dates. d. Prior to placement of any equipment into any waters, all equipment must be free of aquatic plants and non-native animals. e. All on-site stormwater conveyance channels designed according to the criteria outlined in this document. Stabilization adequate to prevent erosion located at the outlets of all Dives and paved channels is required. 9. Site Dewatering: Site dewatering shall be conducted pursuant to the City's 2eneral specifications document.Water pumped from the site shall be treated by temporary sediment basins, grit chambers, sand filters, or other controls as appropriate to ensure adequate treatment is obtained and that nuisance conditions will not result from the discharge. DischarRes from the site shall City of Shakopee Design Criteria Page 7 Page 114 of 320 not be released in a manner that causes erosion, scour, sedimentation or flooding of the site,receiving channels or wetlands, 10. Waste and Material Disposal: All waste and unused building materials (including garbage, debris, cleaning wastes, wastewater, toxic materials or hazardous materials) shall be properly disposed of off-site and not allowed to be carried by runoff into a receiving channel or storm sewer system. a. Solid waste: All unused building materials and waste (including, but not limited to: collected sediment, asphalt and concrete millings, floating debris, paper, Mastic, fabric, etc.) must be disposed o accordingly and shall comply with disposal requirements set forth by the MPGA. b. Hazardous/toxic waste: Paint, gasoline, oil and any hazardous materials must be properly stored, including secondary containment, to prevent spills,leaks or other discharges.Access to the storage areas must be restricted to prevent vandalism. Storage and disposal of hazardous or toxic substance must be in compliance with the requirements set forth by the MPGA. C. Liquid waste:All other non-stonnwater discharges(including,but not limited to, concrete truck washout, vehicle washing or maintenance SDHIS) produced during the construction activity shall not be discharged to any surface waters. d. External washin2 of equiDment and vehicles: All extemal washing activities shall be limited to a designated area of the site. All runoff must be contained and wastes from external washing activities must be disposed of properly. No engine clegreasing shall be allowed on the site. e. Wastes venerated by concrete and other washout operations: All liguid and solid wastes generated by any concrete or other washout operations must be contained in a leak proof facility or impermeable liner. Concrete waste must not come into contact with the ground. Concrete waste must be disposed ofproperly and in compliance with applicable MPCA myulafions. 11. Drain Inlet Protection: All storm drain inlets shall be protected during construction until all sources with potential for discharging to the inlet have been stabilized. Inlet protection measures must meet the City's standards and specifications. 12. Energy v Dissipation: Pipe outlets must have temporary or per anent energy dissipation within 24 hours of connection to a surface water. 13. Tracking: Vehicle trackin BMPs Oncludina, but not limited to: rock pads, mud mats,slash mulch,concrete or steel wash racks,or similar systems)must be installed to minimize track out of sediment from the construction site. If vehicle tracking BMPs are not activeIV Drevenfimg sediment from being tracked into the street,the applicant must immediately utilize street sweeping City of Shakopee Design Criteria Page 8 Page 115 of 320 to contain sediment; then, the applicant must implement additional BMPs to prevent tracking. 14. Final Stabilization: Final stabilization is not complete until the following criteria are met: a. All land disturbing activities must be finished and all soils shall be stabilized by a uniform perennial vegetative cover with a density of 70 percent or greater of its expected final tzrowth density over the entire pervious surface area, or other equivalent means necessary to prevent soil failure under erosive conditions. b. The permanent stormwater management system is constructed,meets all of the required design parameters and is operating as designed. C. All teMporary synthetic and structural erosion prevention and sediment control BMPs (such as silt fence) have been removed. BMPs designed to decompose on site may be left in place. d. For residential construction only, individual lots are considered finally stabilized if the structure(s)are finished and temporary erosion protection and down gradient perimeter control has been completed and the residence has been sold to the homeowner. e. For construction vroiects on agricultural land the disturbed land has been returned to its preconstruction agricultural use. C-r- 5. Performance Standards. A. General Standards. In general,this Section does not require the use of any particular type of structure to control erosion and sedimentation. The City Engineer or Building Official shall evaluate the proposed measures to determine if they follow current accepted design criteria and engineering standards. 1. The smallest practical area of land shall be exposed at any given time during development. 2. Exposed soil shall be seeded and mulched in accordance with NPDES PermitPhast–H requirements. 3. All development shall conform to the natural limitations presented by the topography and soil as to create the best potential for preventing soil erosion. 4. Erosion control measures shall be coordinated with the different stages of development. Appropriate control measures shall be installed prior to development to control erosion. 5. The natural vegetation and plant covering shall be retained whenever possible. Temporary vegetation,mulching or other cover shall be used to protect critical areas and permanent vegetation shall be installed as soon as practical. B. Standards- Stormwater Runoff Erosion. City of Shakopee Design Criteria Page 9 Page 116 of 320 1. The natural drainage system shall be used when and wherever is feasible for storage and flow of runoff. Stormwater drainage shall be discharged to retention basins or other treatment facilities. Temporary storage area or retention ponds shall be considered to reduce peak flows, erosion damage and construction costs. If the drainage area is over five acres, a sediment basin shall be utilized. 2. Silt fence or hay bales shall be utilized to control erosion and prevent sedimentation from leaving the construction site. These structures shall be properly installed according to the City of Shakopee Standard Specifications and Detail Plates. 3. If needed, sod shall be laid in strips at intervals necessary to prevent erosion and at right angles to the direction of drainage. 4. At existing storm sewer inlets, temporary sedimentation traps may be necessary to prevent erosion from entering the storm sewer system, and downstream water bodies. 5. Adequate provision shall be made to prevent the tracking or dropping of dirt or other materials from the site onto any street by the use of rock construction entrances. C. Exposed Slopes. The following control measures shall be taken to control erosion during construction: 1. No exposed slope shall be steeper in grade than three(3)feet horizontal to one (1) foot vertical. 2. Exposed slopes steeper in grade than ten (10) feet horizontal to one (1) foot vertical shall be contour plowed to minimize direct runoff of water. 3. At the foot of each exposed slope, a channel and berm shall be constructed to control runoff. The channeled water shall be diverted to a sedimentation basin (debris basin, silt basin or silt trap) before being allowed to enter the natural drainage system. 4. Along the top of each exposed slope, a berm shall be constructed to prevent runoff from flowing over the edge of the slope. Where runoff collecting behind said berm cannot be diverted elsewhere and must be directed down the slope, appropriate measures shall be taken to prevent erosion. Such measures shall consist of either an asphalt paved flow apron and drop chute laid down the slope or a flexible slope drain. At the base of the slope drain or flood apron, a gravel energy dissipater shall be installed to prevent erosion at the discharge end. 5. Exposed slopes shall be protected by whatever means will effectively prevent erosion considering the degree of slope, soils materials, and expected length of exposure. Slope protection shall consist of mulch, sheets of plastic, burlap or jut netting, sod blankets, fast growing grasses or temporary seeding of annual grasses. Mulch consists of hay, straw,wood chips,corn stalks,bark or other protective material. Mulch shall be anchored to slopes with liquid asphalt, stakes, and netting or shall be worked into the soil to provide additional slope stability. City of Shakopee Design Criteria Page 10 Page 117 of 320 6. Control measures, other than those specifically stated above may be used in place of the above measures if it can be demonstrated that they will effectively protect exposed slopes. D. Dust Control Measures. 1. Temporary mulching or seeding shall be applied to open soil to minimize dust. 2. Barriers such as snow fences, commercial wind fences and similar materials shall be used to control air currents and blowing soil if the City Engineer determines it is necessary. 3. The exposed soil shall be watered to control dust,with frequency of watering repeated as necessary. 4. Permanent vegetation shall be established in accordance with NPDES PermitP4a�&41 requirements. 6. Maintenance of Erosion Control Measures, A. The owner or developer shall be responsible for maintaining all erosion control structures in a condition that will ensure continuous functioning of those devices. If, after the installation of the erosion control structure,the City Engineer determines that additional measures are needed,they shall be installed at the expense of the owner. B. Any erosion or sediment that runs off or blows off the site onto adjoining properties, City streets, storm sewers, etc., shall be the responsibility of the owner or developer for clean up and restoration. If the owner fails to properly clean up or restore all areas affected by erosion the City will hire a contractor to complete the work and bill the owner for the expenses associated with the clean-up. 7. Technical Reference. The City officially designates the "Protecting Water Quality in Urban Areas" prepared by the Minnesota Pollution Control Agency as the technical reference for this Section. This reference will be used to ensure the proper placement and installation of any proposed erosion control structures. 8. Security. The owner or developer shall submit to the City either cash or a certified letter of credit in accordance with current City requirements to guarantee the faithful execution of the grading and erosion control plan. This security shall be in the amount of one-hundred twenty-five (125)percent of the costs for grading, the construction of all erosion control devices and site restoration or $1,000/disturbed acre, whichever is higher, including the costs of City construction observation and administration(as approved by the City Engineer). The City is authorized to draw against this security in the event the grading and erosion control plan is not followed. 9. Unlawful Acts. It is unlawful for any person, either by the owner or the occupant of premises, to violate,neglect or refuse to comply with the requirements of this Section. In addition,if the Building Official or the City Engineer determines that adequate erosion control measures are not being followed and there is little cooperation on the part of the owner to do so, a"stop work" order may be issued to all work on the site until such times as adequate measures are implemented. Sect. 4 — Storm Sewer City of Shakopee Design Criteria Page 1 1 Page 118 of 320 1. Design Criteria. A. The design criteria, policies, and objectives shall be those described in the City's "Comprehensive Water ResourceStofffiwater Management Plan". No existing ditch, stream, wetland, pond, drain or drainage canal shall be deepened, widened, filled,re-routed or filled without approval from the City Council. B. Storm sewer shall be designed to have a minimum full flow velocity of three (3) feet/second. C. Storm sewer structures exceeding four (4) feet in depth shall have a minimum diameter of forty-eight(48)inches. 2. Pond Slopes. Pond slopes below the HWL shall not be steeper than four(4) feet horizontal to one (1) foot vertical. All ponds shall have a bench at the normal water level. This bench shall be a minimum of ten (10) feet wide and the slope of this bench shall not be steeper than ten(10) feet horizontal to one (1) foot vertical. 3. Plan Requirements. A Stormwater Management Plan, along with supporting documentation, must be prepared and submitted that meets City drainage standards. Outlined below, please find a listing of information to be submitted: A. Drainage reports and studies shall include an overall drainage plan. The information listed below, if not shown on the drawings, shall be included in the report. The use of appropriate forms and design aids is recommended. 1. Runoff rate and ponding calculations for the site for the two (2) year, ten (10) year and one-hundred (100) year rainfall events and the one-hundred (100) -year, ten (10) day snow melt event. These computations should be provided for both the existing and future conditions, or as necessary to demonstrate compliance with the City's Comprehensive Water Resource Management Plan. Computations shall identify the critical duration of the rainfall events. 2. Open channel flow calculations/computations. 3. Storm sewer and storm inlet flow calculations for the ten (10) year rainfall event. 4. Culvert design flow calculations for the ten(10)year and one-hundred(100) year rainfall events. 5. Summation of all design variables used and design assumptions made. 6. Soil classification reports and depth of underground water table throughout the study area when detention or retention ponds are used. 7. The boundary and designation of all tributary drainage areas and the area of each in acres. 8. The designation and location of each design point referred to in the calculations. 9. The reference source and a copy of all other monographs or design aids used in the calculations. City of Shakopee Design Criteria Page 12 Page 119 of 320 B. The preliminary drainage report shall be approved by the City Engineer prior to Engineering approval of any Preliminary Plat or Preliminary P.U.D. The study will consist of calculations, comments and descriptions on 8-1/2" x 11" paper and an area map on one 22" x 34" drawing. Calculations shall include the two (2) year, ten(10)year, and one-hundred(100)year rainfall events and the one-hundred(100) year, ten (10) day snow melt event calculations of all tributary areas to the development, all collection points within the development and all points discharging from the development. The 22" x 34"map shall be a topographic map of both the development and all areas tributary to the development. The map shall show the total acreage and anticipated runoff rates at all points noted in the calculations. In addition, the map shall show the proposed location of all drainage facilities to be located within the development and their relationship to existing facilities in adjacent developments. Any scale from 1" = 50' to 1" = 400' may be used to limit the drawing to one sheet. C. A final drainage report shall be submitted and approved in conjunction with construction drawings. The study shall include calculations on 8-1/2" x 11" paper and a drainage map of the development of 22" x 34" drawing. Calculations shall address all aspects of runoff,retention,detention, channel flow,or other appropriate information that is necessary for the design of the drainage system. The drainage map shall be prepared on the overall grading plan for the development. It shall illustrate the drainage patterns in the development as well as the location of all drainage facilities within the development. The map shall also show the runoff rates and acreage tributary to all collection points within the development. When intersections serve as collector points, the flow in each curb line must be noted. This drawing may use scales from 1" =50'to V=200', in order to limit the drawing to one sheet. When more than one sheet is used a scale of 1"=200'shall be utilized. D. An overall drainage plan of the study area, including all areas outside of the study area, which contributes runoff to the study area and all downstream areas, which will be effected, by runoff from the study area, must be submitted. Drainage area plans shall be submitted showing the effects of the two (2) year, ten (10) year and one (100) year rainfall events and the one-hundred (100) year, ten (10) day snow melt event. E. The following methods shall be used to verify the adequacy of designs submitted for approval: The method used shall be approved by the City Engineer. 1. Rational method for storm sewer design computations and peak discharge rates from a single isolated watershed. 2. Urban Hydrology for Small Wetlands Technical Release No. 55 and Technical Release No. 20 published by Soil Conservation Service, U.S. Department of Agriculture. 3. HEC-1, HEC-2, or HEC-RAS. 4. Minnesota Hydrology Guide published by Soil Conservation Service, U.S. Department of Agriculture. 5. Stormwater treatment ponds designed to NURP standards. City of Shakopee Design Criteria Page 13 Page 120 of 320 F. The following criteria shall be utilized in the analysis of the drainage system. 1. Runoff analysis shall be based upon proposed land use, and shall take into consideration all contributing runoff from areas outside of the study area. 2. The analysis of storm runoff from existing developed areas lying outside of the study area shall be based upon present land use and topographic features. 3. All undeveloped land lying outside of the study area shall be considered as fully developed based upon the most probable anticipated future land use. Provided, however, that whenever the future land use of a specific undeveloped area cannot be accurately predicted, the average runoff coefficient to be used in said area shall not be less than 0.60 for the Rational Method runoff coefficient or an approved equivalent value for any other method. 4. The probable future flow pattern in undeveloped areas shall be based on existing natural topographic features (existing slopes, drainage ways, etc.) and shall conform to the Comprehensive Storm Water Management Plan. 5. Average land slopes in both developed and undeveloped area may be used in computing runoff. However, for areas in which drainage patterns and slopes are established, these shall be utilized. 6. Flows and velocities which may occur at a design point when the upstream area is fully developed shall be considered. Drainage facilities shall be so designed such that increased flows and velocities will not cause erosion damage. 7. The use of on-site detention and natural drainage ways is recommended and encouraged whenever possible. The changing of natural drainage way locations will not be approved unless such change is shown to be without unreasonable hazard and liability, substantiated by thorough analysis and investigation. 8. The planning and design of drainage systems shall be such that problems are not transferred from one location to another. Outfall points shall be designed in such a manner that will not create flooding hazards downstream. G. The rainfall intensities to be used in the computation of runoff shall be obtained from the Intensity - Duration - Frequency Curves for the Shakopee area in accordance with Atlas 14 data and shall be based upon a two (2)year,ten(10) year and one-hundred(100)year return frequency. H. All lateral storm sewer facilities shall be designed to accommodate a ten (10) year rainfall event. The initial ten(10)year storm shall be conveyed without surcharging the system. Low points on streets shall be designed with an acceptable emergency overflow route. 1. Storm sewer pipe for all public systems and connection to public systems shall be reinforced concrete pipe (RCP), unless otherwise approved by the Public Works Director. City of Shakopee Design Criteria Page 14 Page 121 of 320 J. Connections to existing manholes or catch basins shall be core drilled. K. Driveway culverts in rural areas shall be at least eighteen (18) inches in diameter. Plastic pipe is prohibited. L. All storm sewer shall be at least fifteen (15) inches in diameter. M. When a smaller sewer joins a larger one, the invert of the larger sewer should be lowered to maintain the same energy gradient. An acceptable method for securing these results is to place the 0.8 depth point of both sewers at the same elevation. N. Storm sewer placed in non-paved areas must be placed on property corners and property lines when possible. 0. Catch basins in non-paved areas must be placed so as to minimize standing water. The spacing and locations are subject to the approval of the City Engineer. P. Stormwater management requirements Lor permanent facilities. 1. An applicant shall install or construct, on or for the proposed land disturbing or development activity, all stormwater management facilities necessary to meet the criteria of the city's Water Resources Mana eg ment Plan, Design Criteria, and the NPDES Construction General Permit No private stormwater facilities will be approved by the city unless a maintenance plan and maintenance agreement are provided that defines who will conduct the maintenance, the type of maintenance, and intervals of the maintenance. In the alternative, or in partial fulfillment of this requirement and upon approval of the Public Works Director, an applicant may make an in-kind or monetary contribution to the development and maintenance of regional stormwater management facilities designed to serve multiple land disturbing and development activities undertaken by or more persons, includingthe he applicant. 2. Proposed Stormwater Management Plans shall incoLporate volume control, water quality controL and rate control as the basis for stormwater manayement in the proposed development plan on sites without restrictions. All proposed projects shall be in conformance with the City of Shakopee's Comprehensive Water Resources Management Plan, Design Criteria, and the most current requirements of the Minnesota Pollution Control ARencv (MPGA) Municipal Separate Storm Sewer Systems (MS4)Permit, as applicable, meeting the more restrictive criteria. a. Volume Control J. New Development. For nonlinear projects and for developments, stormwater runoff volumes will be controlled and the post-construction runoffvolumes shall be retained on site for 1.0 inches of runoff from all impervious surfaces. City of Shakopee Design Criteria Page 15 Page 122 of 320 ii. Redevelorment. For redevelopment Projects, stormwater runoff volumes will be controlled and the Dost-construction runoff volume shall be retained on site for 1.0 inches of runoff from the new impervious surfaces created by the r)rqiqct. There shall be a net reduction from the pre-Project conditions (on an annual average basis) of: 1) Stormwater discharge volume, unless precluded by the stormwater management limitations as defined by the Minnesota Pollution Control Agency MS4 Permit, as amended, and the limitations defined in this ordinance. a) Where industrial facilities are not authorized to infiltrate industrial stormwater under an NPDES/SDS Industrial Stormwater Permit issued by the Agency. b) Where vehicle fueling and maintenance occur. c) With less than three (3) feet of separation distance from the bottom of the infiltration system to the elevation of the seasonally saturated soils or the top of bedrock. d) Where high levels of contaminants in soil or groundwater will be mobilized by the infiltratin& stormwater. 2) Stormwater discharges of Total Suspended Solids (TSS). 3) Stormwater discharges of Total Phosphorus (TA. b. Water Quality Control. For New Development,the water�qlity control standard shall be considered satisfied if the volume control standard has been satisfied. In the event that it is infeasible to meet the volume control standard due to contaminated soils, site constraints, etc., the proposed plan will need to maintain the TSS and TP loading; and for redevelopment the goal is to reduce the TSS and TP loadings (Non-Permit method— alternative method with little to no additional modeling required). Methods for meeting these requirements in the decreasing order of preference: i. Credits and site desim Practices to minimize the creation of connected impervious surfaces are used to the extent practical. ii. Underdrains to promote filtration instead of infiltration. iii. Off-site infiltration, iv. On-site wet detention with permanent pool volume below the normal outlet that is vreater than or equal to the runoff from a 2.5 inch, 24-hour storm over the entire contributing drainagre area, assuming full development. C. Rate Control. Rate control measures are required on new development and redevelopment projects to meet the water quantity criteria of the latest city's Comprehensive Water Resource Management Plan. Q. on design standards. Stonnwater detention facilities constructed in the city shall be designed according to standards established by the Engineering Division, and identified as follows: City of Shakopee Design Criteria Page 16 Page 123 of 320 1. A per anent pool (dead storage)volume below the principal spillway (normal outlet) which shall be greater than or equal to the runoff from a 2- 1/2 inch rainfall over the entire contributing drainage area assuming full development, 2. A permanent pool average depth (basin volume/basin area) of 4 to 10 feet; 3. An emergency overflow (emergency outlet) adequate to control the 1% frequency/critical duration rainfall event, 4. Basin side slopes below the 100-year high water level should bg_�tee�er than 4:1, and preferable flatter. A basin shelf with a minimum width of 10 feet and I foot deep below the not al water level is recommended to enhance wildlife habitat, reduce potential safety hazards, and improve access for lons4-term maintenance; 5. To prevent short-circuiting, the distance between major inlets and the normal outlet shall be maximized; 6. A flood pool (live storage) volume above the principal spillway shall be adequate so that the peak discharge rates meet the requirements of the city's comprehensive water resources mana2ement plan, 7. Pond outlets may not be smaller than the minimum size indicated in the city's comprehensive water resources management plan; 8. Consideration for aesthetics and wildlife habitat should be included in the design of the Pond, 9. A skimmina device must be provided to deter floatable Pollutants from discharging out of pond; 10. Design of stormwater facilities shall accommodate the 100-year critical event (100- year, 24-hour storm event or 10-day snowmelt event). This includes lakes, ponds, and their outlets; and 11. Pond normal water level elevations shall be established above the ordinary high water level of adjacent public waters, except where tonograph y of the site, floodplain mitigation activities, or other design considerations are determined to be unfavorable for these conditions to occur. This determination shall be performed by the applicant's engineer and awroved by the Public Works Director. R. Infiltration design standards. Best management practices to manage infiltration will be required to the maximum extent practical. 1. Volume control BMPs must be incorporated into the project design to minimize the creation of new impervious surface and reduce the existing_ Cityof Shakopee Design Criteria Page 17 Page 124 of 320 impervious surfaces, minimize the amount of directly connected impervious surface, preserve and improve the infiltration capacity of the soil, and limit increases in runoff volume exiting the site to the extent feasible considerm2 site-sDecific conditions. 2. When using infiltration for volume reduction, runoff must be infiltrated within 48 hours using accepted BMPs for infiltration, such as infiltration trenches, rainwater gardens, infiltration benches or infiltration basins. A site investigation must be conducted confirming adequate infiltration parameters. A post construction percolation test must be performed on each infiltration BMP and must demonstrate that the constructed infiltration rate meets or exceeds the design infiltration rate prior to the acceptance by the city. 3. The maximum extent practical required may be less if the Public Works Director determines that I or more of the followimg conditions amly. If I or more of the following conditions aDolv, the Public Works Director shall quantifv the amount of infiltration that will be deemed as the maximum extent practical for the site: a. The infiltration characteristics of soils on the site are not favorable for the infiltration of stormwater, b. The site's drainage course is to regional infiltration or detention facilities controlled by the city that reduce runoff volumes; C. The development of the site does not increase the site's impervious areas,,,, d. Other site conditions that make the infiltration of stormwater impractical as determined by the Public Works Director. 4. Infiltration will be prohibited where the infiltration BMP will be constructed in any of the followin areas: a. Where documented past, present, or anticipated future land uses have resulted in or may result in contamination coming in contact with stormwater runoff. b. With less than three (3) feet of separation distance from the bottom of the infiltration system to the elevation of the seasonally saturated soils or the top of bedrock. C. Where vehicle fueling and maintenance occur. d. Where industrial facilities are not authorized to infiltrate industrial stormwater under and NPDES/SDS Industrial Stormwater Permit issued by the MPGA. 5. Infiltration will be restricted and subject to additional City review where the infiltration BMP will be constructed in any of the followm2 areas: a. Within 1,000 feet up-gradient, or 100 feet down-gradient of active karst features. b. Where Drinking Water SUP01v Management Areas are present, as defined by Minn. R. 4720.51000, subp.13, unless precluded by a local unit of government with an MS4 permit. C. Soils are predominately Hydrologic Soil Group Q (clay) soils. City of Shakopee Design Criteria Page 18 Page 125 of 320 d. Soil infiltration rates are more than 8.3 inches per hour unless soils are amended to slow the infiltration rate below 8.3 inches per hour. e. Stormwater runoff shall be treated in a stormwater pond or by other means prior to entering an infiltration facility or 6. The minimum infiltration requirements for any region of the city will be the requirements of the watershed district or watershed management on4anization policies that govern that revion. These policies may be met through the use of regional or downstream systems 12rior to discharge of runoff to waters of the state. 7. Infiltration systems must not be excavated to final grade until the contributinv draina2e area has been constructed and fully stabilized. When the infiltration feature is excavated to finalarade,rigorous erosion prevention and sediment control BMPs must be implemented to keep sediment and runoff completely away from the infiltration area. 8. To Prevent clogging of the infiltration system, a pretreatment device must be used to settle particles before the stormwater discharges into the infiltrations system. 9. Areas of permanent pools tend to lose infiltration capacity over time and will not be acceptable as an infiltration practice. 10. Per Ordinance Section 54.15 Stormwater Management Plan Approval and Implementation Standards, the infiltration system must provide a water quality volume (calculated as an instantaneous volume) of one (1) inch of runoff or one (1) inch minus the volume of stoirnwater treated by another system on the site) from the new impervious surfaces created bythe pi9ject. 11. The applicant must ensure filtration systems with less than three (3) feet of separation from seasonally saturated soils or from bedrock are constructed with an impermeable liner. 12. A minimum maintenance access of twelve (12) feet is required. S. 1Vliti�ation. I Where construction proiects cannot meet volume, TSS, or TP reduction reguirements for new development or redevelopment projects on the site of original construction, all methods must be exhausted prior to considering altemative methods and/or locations where volume and treatment standards can be achieved. If the city has determined that all methods have been exhausted, the permittee will be required to identify alternative locations where the standards can be achieved or alternative methods in the following order of preference: a. Locations that yield benefits to the same receiving water that receives runoff from the original construction activity. b. Locations within the same Department of Natural Resource (DNR) catchment area as the original construction qgtjyjjL C. Locations in the next adjacent DNR catchment area Lip-stream. d. Locations anywhere within the City of Shakopee. e. Biofiltration. City of Shakopee Design Criteria Page 19 Page 126 of 320 2. In addition,mitigation protects must also meet the following criteria: a. Mitigation projects shall involve the establishment new structural stormwater BMPs or the retrofit of existing; structural stormwater BMPs, or the use of a properly designed regional structural stormwater BMP. b. Previously required routine maintenance of structural stormwater BMPs cannot be considered midggjjgjj. C. Mitivation projects must be finished within 24 months after the original construction activity begins, d. A maintenance agreement specifying the responsible party for long- term maintenance shall be identified. Sect. 5 — Sanitary Sewer 1. General. The minimum diameter for public sanitary sewer mains shall be eight (8) inches. Sanitary sewer design must account for the study area and all areas outside the study area which would naturally drain through the study area. Natural drainage areas will be established by using the Comprehensive Sewer Plan and Comprehensive Water Resource Management Plan adopted by the City. In no case shall the design velocity be less than 2.2 feet per second or more than ten (10) feet per second as computed by Manning's formula for flow in open channels (Manning's shall be 0.013 for purposes of design). 2. Design Criteria. Sanitary sewers shall be designed and constructed in accordance with the most current edition of Recommended Standards for Sewage Works; a report of Committee of the Great Lakes -Upper Mississippi River Board of State Sanitary Engineers. 3. Plan Requirements and Desil!n Guidelines. The following are specific requirements related to the design of sanitary sewer and sanitary sewer services: A. The sanitary sewer alignment shall follow the centerline of the street where practical. B. The maximum spacing between manholes is four-hundred (400) unless approved otherwise. C. All manholes at intersections shall be located at centerline/centerline. D. Manholes are required on the terminus end of all stubs if the line will be active. E. Connections to existing sanitary sewer manholes shall be core-drilled and fitted with a watertight boot. F. Inside drop manholes are not allowed. City of Shakopee Design Criteria Page 20 Page 127 of 320 G. The minimum depth of a sanitary sewer manhole is nine (9) feet unless previously approved by the City Engineer. H. Changing of pipe material between manholes is not permitted except at outside drops. L Sanitary sewer services shall be a minimum four (4) diameter PVC (SDR 26). J. Sanitary sewer services shall not be connected to a manhole unless otherwise approved. K. The minimum depth of the sanitary sewer service at the easement line shall be nine (9) feet unless otherwise approved. L. Sanitary sewer pipe shall be PVC SDR 35 (0 - 18' deep) and PVC SDR 26 (18'- 26') deep. Alternate pipe materials for sanitary sewer deeper than twenty-six (26) feet will be required as determined by the City Engineer. M. Rerounding of pipe is not allowed unless previously approved by the City Engineer. N. The contractor shall install a marker post at the end of each sanitary sewer service. The developer shall provide GPS coordinates of each marker post and GPS coordinates of each sanitary sewer service wye. Final record drawings submitted to the City shall have a table identifying each sanitary sewer service with the aforementioned GPS coordinates. Sect. 6— Utilities 1. Public Water.Where a connection to the City water system is presently available at or reasonably near the boundary of the subdivision, water distribution facilities, including fire hydrants, shall be installed to serve all properties within the subdivision and shall be in accordance with policies of the Shakopee Public Utilities Commission. Public Water systems shall be designed and constructed in accordance with the standards and policies of the Shakopee Public Utility Commission. 2. Other Utilities. Electric service, phone service, and cable television installations to residential structures shall be underground from the main line to the residential structure except where extreme conditions prohibit and a variance from this requirement is authorized by the Planning Commission upon advice of the Utilities Commission. Provisions shall also be made for underground connections of street lights as required from main lines to the street line installation. Where telephone, electric and/or gas service lines are to be placed underground, conduits or cables shall be placed within easements or dedicated public ways,in such a manner so as not to conflict with other underground services,and in locations as approved by the City Engineer. All drainage and other underground utility installations that traverse privately owned property shall be protected by easements. Sect. 7— Street Lights City of Shakopee Design Criteria Page 21 Page 128 of 320 1. Design Criteria. The subdivider shall provide for installation of street lighting and operation for a period of three (3) years as prescribed by the Utilities Manager. Street lighting shall be designed and constructed in accordance with the standards and policies of the Shakopee Public Utility Commission and the City of Shakopee. Sect. 8 — Streets 1. General. A. The arrangement of thoroughfares and collector streets shall conform as nearly as possible to the Comprehensive Plan. Except for cul-de-sacs, streets normally shall connect with streets already dedicated in adjoining or adjacent subdivisions, or provide for future connections to adjoining unsubdivided tracts, or shall be a reasonable projection of streets in the nearest subdivided tracts. The arrangement of thoroughfares and collector streets shall be considered in their relation to the reasonable circulation of traffic,to topographic conditions,to runoff of stoimwater,to public convenience and safety, and in their appropriate relation to the proposed uses of the area to be served. B. Where the plat to be submitted includes only part of the tract owned or intended for development by the subdivider, a tentative plan of a proposed future street system for the unsubdivided portion shall be prepared and submitted by the subdivider at the same scale as set forth herein. C. When a tract is subdivided into larger than normal building lots or parcels, such lots or parcels shall be so arranged so as to permit the logical location and openings of future streets and appropriate resubdivision, with provision for adequate utility connections for such resubdivision. 2. Street Width and Right-of-Wav Width. A. Two-way right-of-way widths and pavement widths (back to back of curb) shall conform to the City's adopted Transportation Plan, with the exception of the local roads. The local road width shall be as follows: Classification Right-of-Wav Roadway Local (anticipated traffic of 200 or less cars per day, as determined by the City Engineer) 60 Feet 33 Feet Local(more than 200 cars per day) 60 Feet 37 Feet City of Shakopee Design Criteria Page 22 Page 129 of 320 B. All one-way right-of-way widths and pavement widths (back to back of curb) shall conform to the following minimum dimensions: Classification Right-of-Way Roadway Local 45 Feet 25 Feet Collector Streets 60 Feet 30 Feet Arterial Streets 60 Feet 30 Feet 3. Streets. A. Public Streets and alleys shall be designed and constructed in accordance with the General Specification and Standard Detail Plates for Street & Utility Construction. All street and alley construction shall be inspected by the City Engineering Department. B. The full width of the right-of-way of each street and alley dedicated in the plat shall be graded. The width shall comply with the surface provisions of this Chapter and Class 5 MN/DOT aggregate or other suitable base shall be required as prescribed by the Engineering Department. C. All streets shall be surfaced with a bituminous surface or portland cement concrete. D. Except where justified by special conditions, such as the continuation of an existing alley in the same block, alleys will not be approved in residential districts. Dead end alleys shall be avoided, whenever possible, but if unavoidable, such dead end alleys must provide adequate turnaround facilities at the closed end. E. Concrete curb and gutter may be required as a part of the required street surface improvement and shall thus be designed for installation along both sides of all roadways in accordance with the standards of the City F. Rural roadway sections, that do not include concrete curb and gutter, shall consist of roadside ditches and five(5) foot gravel shoulders. 4. Grades. A. All center line gradients shall be at least 0.5 percent and shall not exceed the following: Classifications Gradient Percent Arterial Streets 5 Collector Streets 6 Local Streets 7 Marginal Access Streets 7 Alleys 8 City of Shakopee Design Criteria Page 23 Page 130 of 320 The grades at intersecting state-aid streets shall not be greater than 1.0% for 50' on either side of the state-aid street,and not greater than 2.0%for an additional 50'. The grades at intersecting arterial streets shall not be greater than 2.0% for 200' on either side of the intersection. On local streets, the grade shall not be greater than 3.0% for 100' on either side of the intersection. The more important street at an intersection, as determined by the City Engineer, shall govern the through grade. 5. Street Jogs. Street jogs (intersections less than 330 feet apart) must be approved by the City Engineer. 6.Local Streets. Local streets shall be so aligned that their use by through traffic will be discouraged. Dead end streets are prohibited, but cul-de-sacs will be permitted where topography or other conditions justify their use. 7. Cul-de-sacs. Maximum length of cul-de-sac streets shall be one-thousand (1,000) feet for rural service areas and seven-hundred fifty (750) feet for urban service areas measured along the center line from the intersection of origin to end of right-of-way. Cul-de-sacs shall have a dedicated right- of-way with a minimum radius of sixty(60) feet, and shall be paved with a minimum radius of forty- six (46) feet (to back of curb). Lot lines abutting cul-de-sacs shall be radial except in extreme cases where special permission may be granted otherwise. 8. Temporary Cul-de-sacs. In new subdivisions where a future public street will connect to a temporary street stub, a temporary cul-de-sac will be required. The maximum length of temporary cul-de-sac streets shall be seven-hundred fifty(750)feet for both rural service and urban service areas, measured along the center line from the intersection of origin to end of pavement. The minimum paved surface diameter shall be seventy (72) feet, without curb and gutter. A temporary cul-de-sac will not be required for street stubs that serve less than three (3)lots. 9. Service Roads. Where a subdivision abuts or contains an existing or planned service road or a railroad right-of-way, the Council may require a street approximately parallel to and on each side of such right-of-way for adequate protection of residential properties and to afford separation of through and local traffic. Such marginal access streets shall be located at a distance from the major thoroughfares of railroad right-of-way suitable for the appropriate use of the intervening land, as for park purposes in residential districts,or for commercial or industrial purposes in appropriate districts. Such distances shall also be determined with due regard for the requirements of approach grades and future grade separations. 10. Half Streets. Half streets shall be prohibited, except where essential to the reasonable development of the subdivision in conformity with the other requirements of these regulations; and except where the Council finds it will be practicable to require the dedication of the other half when the adjoining property is subdivided. Wherever there is a half street adjacent to a tract to be subdivided,the other half of the street shall be platted within such tract. 11. Surface. All street surfaces shall be designed and constructed in accordance with the standard specifications and shall provide a warranty bond before being accepted by the City for maintenance. Curb and gutter or shoulder and bituminous surfacing shall be constructed at the same time. City of Shakopee Design Criteria Page 24 Page 131 of 320 12. Reserve Strips. Reserve strips controlling access to streets shall be prohibited. 13.Hardship to Owners of Adioining Property Avoided. The street arrangement shall not be such as to cause hardship to owners of adjoining property in platting their own land and providing convenient access to it. 14.Access to Arterial and Collector Roadways. In the case where a proposed plat is adjacent to an arterial or collector road, the applicant shall not direct vehicle or pedestrian access from individual lots to such roadways. The subdivider will be required to provide access to all lots via public streets. Spacing of these public streets shall meet the requirements of the City's adopted Transportation Plan. 15. Platting of Small Tracts. In the platting of small tracts of land fronting arterial roadways where there is no convenient access to existing entrances and where access from such plat would be closer than 1/4 mile from an existing access point, a service road forty (40) feet wide shall be dedicated across the tract. As the neighboring land is platted and developed, and access becomes possible to the service road, direct access to the thoroughfares shall be prohibited. 16.Deflections/Horizontal Curves. When connecting street lines deflect from each other at any one point by more than ten(10) degrees,they shall be connected by a curve with a radius of not less than one-hundred twenty(120)feet. Depending on grades and projected traffic volumes the City Engineer may require a larger radius. This minimum curve radius does not apply to intersecting street lines (full street intersections) or to street lines connected at"T"intersections. Collector street horizontal centerline curves shall meet State Aid Standards. 17. Street Vertical Curves. Vertical curves on local roads shall be designed to meet a minimum design speed of thirty (30) mph. The City Engineer will determine the design speed for arterial and collector roads. The minimum allowable curve length is fifty (50) feet unless the algebraic difference between grades within a vertical curve is less than 1.2 percent, then the allowable minimum vertical curve length is twenty(20) feet. 18. Angle of Intersections. The angle formed by the intersection of streets shall be ninety (90) degrees. Any variance will require approval by the City Engineer. 19. Size of Intersection. Intersections of more than four corners shall be prohibited. 20. Curb Return Radius. Minimum curb return radii at intersections shall conform to the following table: Curb Return Radius (feet) at Intersections Local(33') Local(37') Collector Arterial Local(33' wide) 20 0 Local (37'wide) 20 20 Collector 25 25 25 Arterial 30 25 25 25 Industrial 30 25 25 25 City or Shakopee Design Criteria Page 25 Page 132 of 320 The City Engineer may require larger radii. The County Engineer will determine radii at intersections at County roads. 21. Crosspans. Double crosspans may be used at the intersection of residential streets only when necessary to prevent flooding of one side of the street. Crosspans are not allowed across collector or arterial streets. Crosspans are not allowed on streets with storm sewer systems or on other streets designated by the City Engineer. 22. Street Section Design. The street section shall be designed as set forth in the "Geotechnical and Pavement Manual" (Chapter 5), as prepared by the Minnesota Department of Transportation. It shall be accompanied by a complete soils report certified by a licensed professional engineer. The following minimum pavement thickness and aggregate thickness shall apply to all streets: Minimum Minimum Bituminous Pavement Aggregate Base Arterial Street 5" 10" Collector Street (Residential) 4" 8" Minimum Minimum Bituminous Pavement Aggregate Base Collector Street(Commercial) 5" 10" Collector Street(Industrial) 5" 10" Local Street 4" 8" All streets with subgrade soil with an "R" value of thirty (30) or lower shall be constructed with two (2) feet of granular borrow and one-hundred(100) feet of drain tile connected to and centered on each low point catch basin. The street section must be approved by the City Engineer and may be adjusted by the City Engineer based on the soils report. Sect. 9 — Sidewalks and Trails 1. Sidewalks. A. The sidewalks shall not be located less than one foot from the property line, nor be adjacent to the curb except as determined in commercial areas. Sidewalks in industrial areas shall be located to conform to the anticipated pedestrian flow of the development. B. Sidewalks shall slope 1/4 inch per foot away from the property line and the profile grades shall conform to street grades. C. Planned unit development shall be subject to the location,widths, and grades set forth herein. City of Shakopee Design Criteria Page 26 Page 133 of 320 D. The subdivider shall install sidewalks on both sides of an officially designated arterial street and on one side of collector streets, and walkways to schools; such collector streets and walkways to be determined by the Planning Commission and approved by the Council. If the street is along a designated trail route, a bituminous trail may be required in place of the sidewalk, as determined by the Planning Commission and approved by the Council. E. In blocks over nine-hundred(900)feet long,pedestrian crosswalks through the blocks, and at least ten (10) feet wide, may be required by the Council in locations deemed necessary to public health, convenience and necessity. F. Curb returns and intersections where sidewalk is required shall have handicap ramps with truncated domes. G. All sidewalks widths shall be five(5)feet,except in commercial areas where the width may be wider, as determined by the City Council. Sect. 10 — Lots and Blocks 1. Easements. A. A minimum of five (5) feet drainage and utility easement is required adjacent to all side yard lot lines. A minimum of ten (10) feet of drainage and utility easement is required adjacent to all front lot lines,rear lot lines or lot lines adjacent to public right-of-way. A minimum twenty(20)feet of drainage and utility easement is required centered over all utilities less than five(5) feet deep. For utilities deeper than five(5)feet,the minimum easement width shall be calculated assuming a one (1) foot trench bottom and 1-foot (vertical) to 1.5-foot (horizontal) side slopes. For example,a utility ten(10)feet deep will require a minimum easement width of thirty(3 1)feet. The City Engineer may increase easement requirements, as necessary B. Where a subdivision is traversed by a water course, drainage way/swale, channel or stream, there shall be provided a stormwater easement or drainage right-of-way conforming substantially to lines of such watercourse, and such further width or construction,or both, as will be adequate for the purpose. Parallel streets or parkways may be required in connection therewith. C. Drainage and utility easements shall be shown on the final plat,out to the one-hundred (100) year highwater level contour. City of Shakopee Design Criteria Page 27 Page 134 of 320 D. Access easements, for future maintenance, shall be provided for ponding areas within subdivisions. 2. Blocks. A. Block length and width or acreage within bounding streets shall be such as to accommodate the size of residential lot required in the area by the Zoning Chapter and to provide for convenient access, circulation control and safety of street traffic. B. Residential block lengths shall not exceed one-thousand three-hundred (1,300) feet. Blocks intended for commercial and industrial use must be designed as such, and the block must be of sufficient size to provide for adequate off-street parking,loading and such other facilities as are required to satisfy the requirements of the Zoning Chapter of the City Code. C. A block shall be so designed as to provide two tiers of lots,unless it adjoins a railroad or major thoroughfare where it may have a single tier of lots. 3. Lot Standards. A. The lot dimensions shall be such as to comply with the minimum lot areas specified in the Zoning Chapter. B. Side lines of lots shall be substantially at right angles to straight street lines or radial to curved street lines. C. In the subdividing of any land,due regard shall be shown for all natural features, such as tree growth, wetlands, steep slopes, watercourse, historic spots, or similar conditions, and plans adjusted to preserve those which will add attractiveness, safety and stability to the proposed development. D. All remnants of lots below minimum size left over after subdividing of a larger tract must be added to adjacent lots rather than allowed to remain as unusable parcels. E. Double frontage (lots with frontage on two parallel streets) or reverse frontage shall not be permitted except: I. Where lots back on an arterial or collector street, in which case vehicular and pedestrian access between the lots and arterial streets shall be prohibited. Such double frontage lots shall have an additional depth of at least twenty(20) feet in order to allow space for screen planting along the back lot line. 2. Where topographic or other conditions render subdividing otherwise unreasonable, such double frontage lots shall have an additional depth of at least twenty(20)feet in order to allow space for screen planting along the back lot line. F. All lots must abut their full frontage on a publicly dedicated street. City of Shakopee Design Criteria Page 28 Page 135 of 320 G. Rural service lots shall be designed in such a manner whereby septic tanks,drainfields and homes are located as to allow future subdivision of the land upon the requirement of the City Engineer where future urban service expansion is probable. The City may also require at the time of final subdivision approval that a covenant be recorded which requires the placement of future structures in accordance with approved preliminary plat design. Whenever a parcel of land is subdivided into lots containing one or more acres and there are indications that such lots may eventually be subdivided into smaller plats, the Council may require that such parcel of land be divided so as to allow for the future construction of streets and the extension of adjacent streets. Easements providing for the future opening and extension of such streets may be made a requirement of the plat. H. All lots or parcels shall have direct adequate physical access for emergency vehicles along the frontage of the lot or parcel from a public roadway 4. Buffering Residential Subdivisions Adjacent to Intermediate and Principal Arterial Roads. A. In all residentially zoned areas determined by the Administrator to have significant noise impact within one-hundred twenty-five (125) feet of the roadway right-of-way or areas of noise impact estimated to maintain ambient decibel ratings of seventy(70) DbA or greater, one or a combination of the following design requirements shall apply: 1. Lots adjacent to the roadway right-of-way shall be sized wherein a One- hundred twenty-five (125) foot buffer strip be provided as additional setback to lot depth or width standards supplementary to the minimum lot size and setback of the zoning provisions of the applicable district. An earth berm or other acceptable barrier technique shall be constructed to abate noise impact adjacent to roadway right-of-way equal to or below the seventy (70) DbA standard accompanied by the following: a. A plan showing the existing and anticipated noise levels in DbA that are or will be expected on the site and in the immediate vicinity of the site. b. A description of the site plan construction techniques, architectural designs, and other measures expected to be taken to reduce ambient noise levels. Such description shall include sufficient plans and other drawings to enable the City to accurately identify the noise reduction measures expected to be taken. B. Responsibility for any noise mitigation measures shall be the responsibility of the developer, its successors and/or assigns. This responsibility shall be included and clearly stated in plat approval resolutions or other relevant approval documents. 5. Buffering Residential Dwellings Adiacent to Wetlands and Stormwater Ponds City of Shakopee Design Criteria Page 29 Page 136 of 320 A. In all zoned areas where residential dwellings are adjacent to, or are within one- hundred (100) feet of a wetland or stormwater pond, the following design requirements shall apply: 1. All residential dwellings shall be at least thirty (30) feet horizontal from the one-hundred (100) year high water level of the wetland or pond. Building setbacks shall be in accordance with the latest addition of the City's Stormwater Management Plan. 2. In commercial or industrial zoned areas where a stormwater pond is proposed to be within one-hundred(100) feet of a residential dwelling, a fence shall be installed along the property line separating the commercial zoned (or industrial zoned) area and the residential property. Sect. 11 — Plan Standards 1. General Plan And Drafting Requirements. A. Title Sheet The title sheet shall include a project location map and an approval block for the City Engineer (approved for one year from the date of signing). B. Overall Plan Incorporated in the set of plans shall be an overall plan duplicating the entire project showing all proposed improvements with corresponding sheet numbers on each separate sheet and index. An approval block for Shakopee Public Utilities Commission shall be included on the overall plan sheet. C. Standard Sheet All drawings shall be submitted on standard sheets at standard scale. Standard Sheet: • Grading Plan- 22" x 34" • Street and Utility Plan - 22" x 34" Standard Scale: • Horizontal 1" = 50' • Vertical 1" = 5' D. Plan City of Shakopee Design Criteria Page 30 Page 137 of 320 North arrow, rights-of-way and width,property lines, lot and block numbers, street names, utility lines and size, railroad track, ditches, easements and width, match lines and reference sheet numbers shall be shown on all plan sheets. All roadway improvements and utilities shall be tied to the centerline of City right-of-way, to the centerline of a City easement, to subdivision corners, to Government land corners or to Government land lines. E. Profile To be located directly below the plan with stationing aligned as closely as practical. Original ground(dashed) and proposed if different(solid). Profile shall locate and describe additional information required under the standards for the particular improvement proposed. All utilities shall be shown in profile to include sanitary sewer, watetmain, storm sewer and storm sewer crossings. F. Additional Sheets Use standard sheet requirements with appropriate scales for additional sheets required by the City Engineer and not covered by City of Shakopee Standard Detail Plates or approved Mn/DOT Standard Plates. More than one (1) sheet may be necessary. Additional sheets may include, but are not limited to, unique project details, signage and striping, landscaping, SWPPP, turn lane construction, box culvert construction, etc. G. Benchmark Description on each sheet, elevation, USGS 1929 datum, tie to City bench loop, description of City benchmark to which it is tied. H. Title Block Shall include the name of project, subdivision or planned building group or street, as applicable and type of utility or roadway and the name, address, zip, telephone of the Engineer and developer. I. Certification Certification signature and registration number of Professional Engineer on each sheet. J. Required Notes These notes shall appear on the cover sheet. If no cover sheet, they shall be put on every sheet submitted for approval. City of Shakopee Design Criteria Page 31 Page 138 of 320 • All work shall be done in accordance with the City of Shakopee's General Specifications and Standard Detail Plates for Street and Utility Construction. • The contractor shall install a steel marker post at the end of each sanitary sewer service. The developer shall provide GPS coordinates of each marker post and GPS coordinates of each sanitary sewer service wye. Final record drawings submitted to the City shall have a table identifying each sanitary sewer service with the aforementioned GPS coordinates. 2. Record Plan Requirements. A. Record plans must submitted on mylar sepias from inked and clearly legible drawings. At a minimum, two (2) electronic copies in AutoCAD and Adobe Acrobat formats must be submitted with datum on the Scott County coordinate system. Specific electronic formats and/or versions will be determined by the City Engineer. B. The record plans shall, at a minimum, include the following information: • Locations and top of casting and invert elevations of all sanitary sewer and storm sewer structures and appurtenances. • Locations and top-nut elevations for all fire hydrants. • Locations and elevations for all gate valves. • Revised pipe slopes, lengths and materials (if applicable). • Revised horizontal locations of all street and utility improvements. • Additional notes as required by the City Engineer. C. Sanitary Sewer Services • GPS coordinates at the end of all sanitary services and curb stop locations must be provided in a tabular format. • Stationing of sanitary sewer wyes shall be indicated. • All sanitary services shall be shown on the record plan with length, size, elevation, and pipe type noted. Indicate if jacked. • If sanitary sewer wye only is constructed, it shall be noted as "Wye Only" after the stationing. • The approximate invert elevation at the forty-five (45) degree bend of all sanitary sewer service stubs shall be shown on the plans. If deep risers are placed, the height of each shall be indicated on the plans and each shall be drawn on the profile, and the height of the risers indicated. D. Water Services • GPS coordinates at the end of all sanitary services and curb stop locations must be provided in a tabular format. • Stationing of water corporation cock shall be indicated. City of Shakopee Design Criteria Page 32 Page 139 of 320 • All water services shall be shown with length, size and pipe type noted. Indicate if jacked. • All curb stop boxes shall be tied at the property line with at least two ties using the following priority: o Sanitary sewer manholes o Hydrants o Storm sewer manholes o Catch basins o Power transformers o Building corners E. Watermain Fittings All water fittings should be labeled as to size and type such as bends, ties, plugs, etc. F. Gate Valves All gate valves shall be tied with at least two ties using the following priority: • Fire hydrants. • Manholes. • Catch basins, if curb and gutter are in. • Buildings or other permanent structures. • Telephone pedestals. • Power poles, trees, other semi-permanent items. • Stationing from hydrants,manholes,catch basins,if over one-hundred(100) feet. • All ties should be less than two-hundred (200) feet whenever possible. G. Fire Hydrants All fire hydrants shall have a benchmark elevation shown for the top-nut of the fire hydrant. H. All structures shall have the top of casting elevation and invert elevations shown. I. Streets Street record "as-built' plans/drawings shall include a typical street section and horizontal and vertical curve data. City of Shakopee Design Criteria Page 33 Page 140 of 320 J. Miscellaneous The following information shall be shown on every sheet: • Contractor's name • Construction observer's name • Project engineer's name K. Sanitary Sewer Televising The contractor must televise the entire sanitary sewer system and provide the City with one DVD of the sanitary sewer system along with a televising report. The report shall include the locations of all service wyes. L. Operations Record Plan An Operations Record Plan must be submitted to the City and to SPUC and approved by each entity prior to issuance of building permits in addition to the model building permit. The plan must include, at a minimum, the following information: • Information as required in Sections A, B, C, D, E and H above. • Information as required by the SPUC Water Policy Manual. The City Engineer may require additional information and increase the minimum requirements on any project. City of Shakopee Design Criteria Page 34 Page 141 of 320 CityShakopeeof Design Criteria Revised: May 4, 2004 by Resolution No. 6041 Revised: April 4, 2006 by Resolution No. 6391 Revised: September 2, 2008 by Resolution No. 6805 Revised: October 17, 2017 by Resolution No. 7933 City of Shakopee Design Criteria Page 1 Page 142 of 320 Table of Contents Design Criteria and General Plan Requirements - Grading, Street and Utility Improvements Sect. l General Sect. 2 Grading Sect. 3 Erosion and Sediment Control Sect. 4 Storm Sewer Sect. 5 Sanitary Sewer Sect. 6 Utilities Sect. 7 Street Lights Sect. 8 Streets and Alleys Sect. 9 Sidewalks and Trails Sect. 10 Lots and Blocks Sect. 11 Plan Standards Sect. 1 — General The requirements contained in this document are minimum general requirements for new construction. The City Engineer may require additional information and increase the minimum requirements on any project. Sect. 2 — Grading 1. General. The grading and erosion control plans shall conform to the most recent editions of "Minnesota Stormwater Manual" City of Shakopee "Comprehensive Stormwater Management Plan" or as modified herein and the City's most recent Standard Detail Plates. 2. Grading and Erosion Control. A. The minimum allowable grade in non paved areas is 2%. B. No final graded slopes shall be steeper than three (3) feet horizontal to one (1) foot vertical (3:1). C. Driveway grades shall be less than ten (10)percent, and greater than one (1)percent. Driveway grades shall not be greater than six (6) percent within the right-of-way. Commercial and Industrial Driveway grades shall not be greater than six (6)percent for any part of the driveway. D. Lots shall be graded so as to provide drainage away from building locations. 3. Topsoil - Sodding and Seeding. Topsoil moved during the course of construction shall be redistributed in turf establishment areas with a minimum of six (6) inches of topsoil. Disturbed City of Shakopee Design Criteria Page 2 Page 143 of 320 boulevard areas shall be restored in accordance with the City of Shakopee General Specifications and Standard Detail Plates for Street and Utility Construction. Additionally, sod must be installed the full easement width of all drainage swales leading to drainage structures on each lot (silt fence must be installed behind this sod). 4. Drainage. During the grading of the site,the natural drainage system shall be utilized as much as feasible for the storage and flow of runoff. 5.As-built Grading Plan. Upon completion of the grading of subdivisions, an as-built survey of the grading shall be submitted to the City. This plan must,at minimum, show the existing locations and elevations of all street centerline and top of curb high points and low points, all lot corners, building pads, intermediate tops of curb, sidewalks, trails, sanitary sewer structures, storm sewer structures, emergency over flows, high points in non-paved areas, ponding areas and watermain. The plan shall certify that all grading and erosion control is in conformance with the approved plans and that all ponding areas are within drainage and utility easements. Two benchmarks shall be shown on the as-built grading plan. No building permits shall be issued until this plan has been submitted and approved by the City Engineer. An electronic copy must be submitted in a format approved by the City Engineer. 6. Grading Permit. Grading Permits will be required, as described in Section 151.110 of the City Code. Prior to issuance of a grading permit, the applicant shall strictly adhere to the requirements set forth in Chapter 54 of the City Code. The applicant must submit a written application for stormwater management plan approval along with the site's stormwater management plan per requirements set forth in Chapter 54 of the City Code. The applicant must submit the appropriate wetland applications in accordance with the Minnesota Wetland Conservation Act(WCA)per requirements set forth in Chapter 54 of the City Code. 7. Tree Preservation Fence. Existing trees, which are to be saved, shall be protected with a tree preservation fence installed at the drip line of the tree(s). No grading, construction materials, or equipment will be allowed beyond this fence. 8. Plan Requirements. The following are specific requirements related to the development of grading and erosion control plans for the proposed development and adjacent land within two- hundred (200) feet unless noted otherwise: A. Show and label existing underground and overhead utilities. B. Show the location and indication of demolition or relocation of existing structures. C. Show lot corner elevations and benchmarks utilized. D. Existing contours shall be at one (1) foot or two (2) foot intervals shown with dashed lines and screened. The contours shall extend beyond the proposed plat boundaries a minimum of two-hundred (200) feet or as necessary to completely City or Shakopee Design Criteria Page 3 Page 144 of 320 show the limits of a drainage basin not fully contained within the proposed plat. Ten (10) foot contour intervals shall be bold. E. Proposed contours shall be at one (1)foot or two (2)foot intervals shown with solid lines. Ten (10) foot contour intervals shall be bold. F. Ponds, wetlands, lakes, streams or manholes shall be shown with the following: 1. Show the NWL and HWL for ponds and wetlands. 2. Show OHWL and DNR number if applicable. 3. Ponds shall include ten(10)foot bench, sloping downward from the NWL ten (10) feet horizontal to one(1) foot vertical (10:1). 4. Show the delineated wetland boundary. G. Show existing and proposed building footprints with proposed floor elevations. H. The lowest floor elevations of affected structures adjacent to outletted ponds shall be in accordance with the City's Stormwater Management Plan. I. Show emergency overflow routes from all low points and show the high point elevation along emergency overflow routes. Show directional flow arrows. Emergency overflows shall be a minimum of one (1) foot plus the high flow elevation (minimum of 1.5-feet) below the lowest opening elevation of adjacent affected structures. J. Show limits of clearing and grubbing. K. For proposed retaining walls, identify top and bottom elevations of retaining wall. Retaining walls greater than four (4) feet in height shall be designed and certified by a licensed professional engineer. L. Show all lot numbers, block numbers, and drainage and utility easements. 9. Haul Routes. Prior to grading and erosion control operations commencing, a drawing must be submitted outlining the proposed haul routes for the import and export of all materials to and from the site. All haul routes are subject to approval by the City Engineer. Sect. 3 — Erosion and Sediment Control 1. Purpose. The purpose of this Section is to promote the public health, safety,property and general welfare of the citizens of the City and to conserve the soil,water and related resources and to control erosion and sedimentation caused by land disturbing activities. 2. Administration. The Building Official or the City Engineer (depending on the land disturbing activity) shall be designated as the Administrator of this Section. City of Shakopee Design Criteria Page 4 Page 145 of 320 3.Activities Subiect to Erosion Control Measures. A. Any land disturbing activity in residential, multi-family, commercial or industrial zones shall be subject to erosion control measures provided that: 1. An area of ten-thousand (10,000) square feet or greater will be disturbed by excavation, grading, filling or other earth moving activities resulting in the loss of protective vegetation; or, 2. Excavation or fill exceeding fifty(50) cubic yards; or, 3. The installation of underground utilities, either public or private, resulting in more than three-hundred(300) feet of trenching or earth disturbance. B. Any subdivisions that require plat approval or a certified survey map. C. Agricultural lands used mainly for the production of food, general farming, livestock and poultry enterprises, nurseries, forestry, etc., are not subject to the provisions of this Section. D. Any other land disturbing activity for which the City Engineer determines to have the potential for substantial erosion. 4. Erosion Control Plans. A. All land disturbing activities covered by this Section shall be required to have an approved erosion control plan, per requirements set forth in Chapter 54 of the City Code, on file with the City prior to any construction starting. B. The erosion control plan shall contain any such information necessary for the Building Official and the City Engineer to determine that adequate erosion and sediment control measures are proposed. As a minimum, a topographic map showing existing and proposed contours,location of any natural watercourses and drainage ways,the extent of the land disturbing activity and any erosion control measures shall be shown on the plans submitted and approved. C. In addition to the plans, a narrative report summarizing the proposed erosion control measures shall be submitted. This report shall include language discussing the timing of the installation, phasing, stabilization of all structures, maintenance and eventual removal of all structures. A Storm Water Pollution Prevention Plan (SWPPP) in compliance with National Pollutant Discharge Elimination System (NPDES) requirements must also be submitted. D. At a minimum, the permittee shall meet the specifications set forth below and observe the standards established in the NPDES Construction General Permit requirements. 1. Soil Stabilization: Soil stabilization shall be completed in a time period as specified by the NPDES construction general permit and the city's general City of Shakopee Design Criteria Page 5 Page 146 of 320 specifications and standards. The city of Shakopee may require the site to be reseeded or a nonvegetative option employed. 2. Seeding: Seeding shall be in accordance with seeding specifications. All seeded areas shall be fertilized, mulched, and disc anchored as necessary for seed retention. 3. Soil Stockpiles: Soil stockpiles which shall be inactive for a period of fourteen (14) or more days must be stabilized or covered at the end of each workday. Stockpiles shall include perimeter sediment controls and must not be placed in natural buffers or surface waters, including stormwater conveyances. 4. Ninety Percent Coverage: The entire site must be stabilized at a ninety percent (90%) coverage, using a heavy mulch layer or another method that does not require germination to control erosion,at the close of the construction season. 5. Site Development Sediment Controls: Site development sediment controls practices shall include those identified in the City's general specifications including,but not limited to: a. Settling basins, sediment traps, or tanks. b. Protection for adjacent properties by the use of a vegetated buffer strip in combination with perimeter controls. C. Perimeter control including machine sliced silt fence or other city approved BMP, which shall be in place before, during and after grading of the site. Fencing shall be removed only after seventy percent(70%) stabilization. d. Areas designated as a temporary construction staging area. 6. Temporary sediment basins: For sites that have more than ten (10) acres of disturbed soil that drains to a common location(or, five(5) or more acres for special or impaired waters), one or more temporary sediment basins shall be constructed. Use of temporary basins is encouraged when construction projects will impact steep slopes or when highly erodible soils are present. The basin shall provide treatment to the runoff before it leaves the construction site or enters surface waters. The temporary sediment basins must be designed and constructed as follows: a. Provide live storage for a calculated volume of runoff from a two (2)- year, 24-hour storm from each acre drained to the basin. All basins shall provide at least 1,800 cubic feet of live storage from each acre drained or more. b. For basins where the calculation in Section 10-1-12, B.7.a. has not been performed, a temporary sediment basin providing 3,600 cubic feet of live storage from each acre drained to the basin shall be provided for the entire drainage area of the temporary basin. C. The outlet structure must be designed to withdraw water from the surface in order to minimize the discharge of pollutants. d. The basin outlet shall be designed to prevent short-circuiting and the discharge of floating debris. e. Ensure the basin can be completely drawn down to conduct maintenance activities. £ Include energy dissipation on the outlet of the basin and a stabilized emergency overflow to prevent failure of pond integrity. City of Shakopee Design Criteria Page 6 Page 147 of 320 g. Be located outside of surface waters or any buffer zone, and be designed to avoid draining water from wetlands unless appropriate approval from the U.S. Army Corps of Engineers and the Minnesota Department of Natural Resources is obtained. h. If installation of a temporary sediment basin is infeasible, equivalent sediment controls such as smaller sediment basins, and/or sediment traps, silt fences, vegetative buffer strips, or any appropriate combination of measures are required for all down-slope boundaries of the construction area and for side-slope boundaries where appropriate. Determination of infeasibility shall be documented in the erosion and sediment control plan. 7. Individual Construction Site Sediment Controls: Individual construction site sediment controls shall include: a. Rock construction entrance (driveway); b. Perimeter controls including silt fence in place before, during and after grading of the site. Fencing shall be removed only after proper turf establishment. 8. Waterway and Watercourse Protection: Waterway and watercourse protection requirements shall include stabilization of the watercourse channel before, during and after any in-channel work consistent with the City's general specifications. a. A temporary stream crossing must be installed and approved by the local government unit and regulating agency if a wet watercourse will be crossed regularly during construction. b. The watercourse channel shall be stabilized before,during,and within 24 hours after any in-channel work. C. No in-water work shall be allowed in Public Waters during the MnDNR's work exclusion dates. d. Prior to placement of any equipment into any waters, all equipment must be free of aquatic plants and non-native animals. e. All on-site stormwater conveyance channels designed according to the criteria outlined in this document. Stabilization adequate to prevent erosion located at the outlets of all pipes and paved channels is required. 9. Site Dewatering: Site dewatering shall be conducted pursuant to the City's general specifications document.Water pumped from the site shall be treated by temporary sediment basins, grit chambers, sand filters, or other controls as appropriate to ensure adequate treatment is obtained and that nuisance conditions will not result from the discharge. Discharges from the site shall not be released in a manner that causes erosion, scour, sedimentation or flooding of the site,receiving channels or wetlands. 10. Waste and Material Disposal: All waste and unused building materials (including garbage, debris, cleaning wastes, wastewater, toxic materials or hazardous materials) shall be properly disposed of off-site and not allowed to be carried by runoff into a receiving channel or storm sewer system. a. Solid waste: All unused building materials and waste (including,but not limited to: collected sediment, asphalt and concrete millings, floating debris, paper, plastic, fabric, etc.) must be disposed of City of Shakopee Design Criteria Page 7 Page 148 of 320 accordingly and shall comply with disposal requirements set forth by the MPCA. b. Hazardous/toxic waste: Paint, gasoline, oil and any hazardous materials must be properly stored, including secondary containment, to prevent spills,leaks or other discharges.Access to the storage areas must be restricted to prevent vandalism. Storage and disposal of hazardous or toxic substance must be in compliance with the requirements set forth by the MPCA. C. Liquid waste:All other non-stormwater discharges(including,but not limited to, concrete truck washout, vehicle washing or maintenance spills) produced during the construction activity shall not be discharged to any surface waters. d. External washing of equipment and vehicles: All external washing activities shall be limited to a designated area of the site. All runoff must be contained and wastes from external washing activities must be disposed of properly. No engine degreasing shall be allowed on the site. e. Wastes generated by concrete and other washout operations: All liquid and solid wastes generated by any concrete or other washout operations must be contained in a leak proof facility or impermeable liner. Concrete waste must not come into contact with the ground. Concrete waste must be disposed of properly and in compliance with applicable MPCA regulations. 11. Drain Inlet Protection: All storm drain inlets shall be protected during construction until all sources with potential for discharging to the inlet have been stabilized. Inlet protection measures must meet the City's standards and specifications. 12. Energy Dissipation: Pipe outlets must have temporary or permanent energy dissipation within 24 hours of connection to a surface water. 13. Tracking: Vehicle tracking BMPs (including, but not limited to: rock pads, mud mats, slash mulch,concrete or steel wash racks,or similar systems)must be installed to minimize track out of sediment from the construction site. If vehicle tracking BMPs are not actively preventing sediment from being tracked into the street,the applicant must immediately utilize street sweeping to contain sediment; then, the applicant must implement additional BMPs to prevent tracking. 14. Final Stabilization: Final stabilization is not complete until the following criteria are met: a. All land disturbing activities must be finished and all soils shall be stabilized by a uniform perennial vegetative cover with a density of 70 percent or greater of its expected final growth density over the entire pervious surface area, or other equivalent means necessary to prevent soil failure under erosive conditions. b. The permanent stormwater management system is constructed,meets all of the required design parameters and is operating as designed. C. All temporary synthetic and structural erosion prevention and sediment control BMPs (such as silt fence) have been removed. BMPs designed to decompose on site may be left in place. City of Shakopee Design Criteria Page 8 Page 149 of 320 d. For residential construction only, individual lots are considered finally stabilized if the structure(s)are finished and temporary erosion protection and down gradient perimeter control has been completed and the residence has been sold to the homeowner. e. For construction projects on agricultural land the disturbed land has been returned to its preconstruction agricultural use. 5. Performance Standards. A. General Standards. In general,this Section does not require the use of any particular type of structure to control erosion and sedimentation. The City Engineer or Building Official shall evaluate the proposed measures to determine if they follow current accepted design criteria and engineering standards. I. The smallest practical area of land shall be exposed at any given time during development. 2. Exposed soil shall be seeded and mulched in accordance with NPDES Permit requirements. 3. All development shall conform to the natural limitations presented by the topography and soil as to create the best potential for preventing soil erosion. 4. Erosion control measures shall be coordinated with the different stages of development. Appropriate control measures shall be installed prior to development to control erosion. 5. The natural vegetation and plant covering shall be retained whenever possible. Temporary vegetation,mulching or other cover shall be used to protect critical areas and permanent vegetation shall be installed as soon as practical. B. Standards- Stormwater Runoff Erosion. I. The natural drainage system shall be used when and wherever is feasible for storage and flow of runoff. Stormwater drainage shall be discharged to retention basins or other treatment facilities. Temporary storage area or retention ponds shall be considered to reduce peak flows, erosion damage and construction costs. If the drainage area is over five acres, a sediment basin shall be utilized. 2. Silt fence or hay bales shall be utilized to control erosion and prevent sedimentation from leaving the construction site. These structures shall be properly installed according to the City of Shakopee Standard Specifications and Detail Plates. 3. If needed, sod shall be laid in strips at intervals necessary to prevent erosion and at right angles to the direction of drainage. 4. At existing storm sewer inlets, temporary sedimentation traps may be necessary to prevent erosion from entering the storm sewer system, and downstream water bodies. 5. Adequate provision shall be made to prevent the tracking or dropping of dirt or other materials from the site onto any street by the use of rock construction entrances. City of Shakopee Design Criteria Page 9 Page 150 of 320 C. Exposed Slopes. The following control measures shall be taken to control erosion during construction: 1. No exposed slope shall be steeper in grade than three(3)feet horizontal to one (1) foot vertical. 2. Exposed slopes steeper in grade than ten (10) feet horizontal to one (1) foot vertical shall be contour plowed to minimize direct runoff of water. 3. At the foot of each exposed slope, a channel and berm shall be constructed to control runoff. The channeled water shall be diverted to a sedimentation basin (debris basin, silt basin or silt trap) before being allowed to enter the natural drainage system. 4. Along the top of each exposed slope, a berm shall be constructed to prevent runoff from flowing over the edge of the slope. Where runoff collecting behind said berm cannot be diverted elsewhere and must be directed down the slope, appropriate measures shall be taken to prevent erosion. Such measures shall consist of either an asphalt paved flow apron and drop chute laid down the slope or a flexible slope drain. At the base of the slope drain or flood apron, a gravel energy dissipater shall be installed to prevent erosion at the discharge end. 5. Exposed slopes shall be protected by whatever means will effectively prevent erosion considering the degree of slope, soils materials, and expected length of exposure. Slope protection shall consist of mulch, sheets of plastic,burlap or jut netting, sod blankets, fast growing grasses or temporary seeding of annual grasses. Mulch consists of hay, straw,wood chips,corn stalks,bark or other protective material. Mulch shall be anchored to slopes with liquid asphalt, stakes, and netting or shall be worked into the soil to provide additional slope stability. 6. Control measures, other than those specifically stated above may be used in place of the above measures if it can be demonstrated that they will effectively protect exposed slopes. D. Dust Control Measures. I. Temporary mulching or seeding shall be applied to open soil to minimize dust. 2. Barriers such as snow fences, commercial wind fences and similar materials shall be used to control air currents and blowing soil if the City Engineer determines it is necessary. 3. The exposed soil shall be watered to control dust,with frequency of watering repeated as necessary. 4. Permanent vegetation shall be established in accordance with NPDES Permit requirements. 6. Maintenance of Erosion Control Measures, A. The owner or developer shall be responsible for maintaining all erosion control structures in a condition that will ensure continuous functioning of those devices. If, City of Shakopee Design Criteria Page 10 Page 151 of 320 after the installation of the erosion control structure,the City Engineer determines that additional measures are needed,they shall be installed at the expense of the owner. B. Any erosion or sediment that runs off or blows off the site onto adjoining properties, City streets, storm sewers, etc., shall be the responsibility of the owner or developer for clean up and restoration. If the owner fails to properly clean up or restore all areas affected by erosion the City will hire a contractor to complete the work and bill the owner for the expenses associated with the clean-up. 7. Technical Reference. The City officially designates the 'Protecting Water Quality in Urban Areas" prepared by the Minnesota Pollution Control Agency as the technical reference for this Section. This reference will be used to ensure the proper placement and installation of any proposed erosion control structures. S. Securitv. The owner or developer shall submit to the City either cash or a certified letter of credit in accordance with current City requirements to guarantee the faithful execution of the grading and erosion control plan. This security shall be in the amount of one-hundred twenty-five (125) percent of the costs for grading, the construction of all erosion control devices and site restoration or $1,000/disturbed acre, whichever is higher, including the costs of City construction observation and administration(as approved by the City Engineer). The City is authorized to draw against this security in the event the grading and erosion control plan is not followed. 9. Unlawful Acts. It is unlawful for any person, either by the owner or the occupant of premises, to violate,neglect or refuse to comply with the requirements of this Section. In addition,if the Building Official or the City Engineer determines that adequate erosion control measures are not being followed and there is little cooperation on the part of the owner to do so, a"stop work" order may be issued to all work on the site until such times as adequate measures are implemented. Sect. 4 — Storm Sewer 1. Design Criteria. A. The design criteria, policies, and objectives shall be those described in the City's "Comprehensive Water Resource Management Plan". No existing ditch, stream, wetland, pond, drain or drainage canal shall be deepened, widened, filled, re-routed or filled without approval from the City Council. B. Storm sewer shall be designed to have a minimum full flow velocity of three (3) feet/second. C. Storm sewer structures exceeding four (4) feet in depth shall have a minimum diameter of forty-eight(48) inches. 2. Pond Slopes. Pond slopes below the HWL shall not be steeper than four(4) feet horizontal to one (1) foot vertical. All ponds shall have a bench at the normal water level. This bench shall be a minimum of ten (10) feet wide and the slope of this bench shall not be steeper than ten(10) feet horizontal to one (1) foot vertical. City of Shakopee Design Criteria Page 1 1 Page 152 of 320 3. Plan Requirements. A Stormwater Management Plan, along with supporting documentation, must be prepared and submitted that meets City drainage standards. Outlined below, please find a listing of information to be submitted: A. Drainage reports and studies shall include an overall drainage plan. The information listed below, if not shown on the drawings, shall be included in the report. The use of appropriate forms and design aids is recommended. 1. Runoff rate and ponding calculations for the site for the two (2) year, ten (10) year and one-hundred (100) year rainfall events and the one-hundred (100) -year, ten (10) day snow melt event. These computations should be provided for both the existing and future conditions, or as necessary to demonstrate compliance with the City's Comprehensive Water Resource Management Plan. Computations shall identify the critical duration of the rainfall events. 2. Open channel flow calculations/computations. 3. Storm sewer and storm inlet flow calculations for the ten (10) year rainfall event. 4. Culvert design flow calculations for the ten(10)year and one-hundred(100) year rainfall events. 5. Summation of all design variables used and design assumptions made. 6. Soil classification reports and depth of underground water table throughout the study area when detention or retention ponds are used. 7. The boundary and designation of all tributary drainage areas and the area of each in acres. 8. The designation and location of each design point referred to in the calculations. 9. The reference source and a copy of all other monographs or design aids used in the calculations. B. The preliminary drainage report shall be approved by the City Engineer prior to Engineering approval of any Preliminary Plat or Preliminary P.U.D. The study will consist of calculations, comments and descriptions on 8-1/2" x 11" paper and an area map on one 22" x 34" drawing. Calculations shall include the two (2) year, ten(10)year, and one-hundred(100)year rainfall events and the one-hundred(100) year, ten (10) day snow melt event calculations of all tributary areas to the development, all collection points within the development and all points discharging from the development. The 22" x 34"map shall be a topographic map of both the development and all areas tributary to the development. The map shall show the total acreage and anticipated runoff rates at all points noted in the calculations. In addition, the map shall show the proposed location of all drainage facilities to be located within the development and their relationship to existing facilities in adjacent developments. Any scale from 1" = 50' to 1" = 400' maybe used to limit the drawing to one sheet. C. A final drainage report shall be submitted and approved in conjunction with construction drawings. The study shall include calculations on 8-1/2" x 11"paper and a drainage map of the development of 22" x 34" drawing. Calculations shall City of Shakopee Design Criteria Page 12 Page 153 of 320 address all aspects of runoff,retention,detention, channel flow,or other appropriate information that is necessary for the design of the drainage system. The drainage map shall be prepared on the overall grading plan for the development. It shall illustrate the drainage patterns in the development as well as the location of all drainage facilities within the development. The map shall also show the runoff rates and acreage tributary to all collection points within the development. When intersections serve as collector points, the flow in each curb line must be noted. This drawing may use scales from 1" =50'to 1'=200',in order to limit the drawing to one sheet. When more than one sheet is used a scale of 1"=200'shall be utilized. D. An overall drainage plan of the study area, including all areas outside of the study area, which contributes runoff to the study area and all downstream areas, which will be effected, by runoff from the study area, must be submitted. Drainage area plans shall be submitted showing the effects of the two (2) year, ten (10) year and one (100) year rainfall events and the one-hundred (100) year, ten (10) day snow melt event. E. The following methods shall be used to verify the adequacy of designs submitted for approval: The method used shall be approved by the City Engineer. 1. Rational method for storm sewer design computations and peak discharge rates from a single isolated watershed. 2. Urban Hydrology for Small Wetlands Technical Release No. 55 and Technical Release No. 20 published by Soil Conservation Service, U.S. Department of Agriculture. 3. HEC-1, HEC-2, or HEC-RAS. 4. Minnesota Hydrology Guide published by Soil Conservation Service, U.S. Department of Agriculture. 5. Stormwater treatment ponds designed to NURP standards. F. The following criteria shall be utilized in the analysis of the drainage system. 1. Runoff analysis shall be based upon proposed land use, and shall take into consideration all contributing runoff from areas outside of the study area. 2. The analysis of storm runoff from existing developed areas lying outside of the study area shall be based upon present land use and topographic features. 3. All undeveloped land lying outside of the study area shall be considered as fully developed based upon the most probable anticipated future land use. Provided, however, that whenever the future land use of a specific undeveloped area cannot be accurately predicted, the average runoff coefficient to be used in said area shall not be less than 0.60 for the Rational Method runoff coefficient or an approved equivalent value for any other method. 4. The probable future flow pattern in undeveloped areas shall be based on existing natural topographic features (existing slopes, drainage ways, etc.) and shall conform to the Comprehensive Storm Water Management Plan. City of Shakopee Design Criteria Page 13 Page 154 of 320 5. Average land slopes in both developed and undeveloped area may be used in computing runoff. However, for areas in which drainage patterns and slopes are established, these shall be utilized. 6. Flows and velocities which may occur at a design point when the upstream area is fully developed shall be considered. Drainage facilities shall be so designed such that increased flows and velocities will not cause erosion damage. 7. The use of on-site detention and natural drainage ways is recommended and encouraged whenever possible. The changing of natural drainage way locations will not be approved unless such change is shown to be without unreasonable hazard and liability, substantiated by thorough analysis and investigation. 8. The planning and design of drainage systems shall be such that problems are not transferred from one location to another. Outfall points shall be designed in such a manner that will not create flooding hazards downstream. G. The rainfall intensities to be used in the computation of runoff shall be obtained from the Intensity - Duration - Frequency Curves for the Shakopee area in accordance with Atlas 14 data and shall be based upon a two (2) year, ten(10)year and one-hundred (100) year return frequency. H. All lateral storm sewer facilities shall be designed to accommodate a ten (10)year rainfall event. The initial ten(10)year storm shall be conveyed without surcharging the system. Low points on streets shall be designed with an acceptable emergency overflow route. I. Storm sewer pipe for all public systems and connection to public systems shall be reinforced concrete pipe (RCP), unless otherwise approved by the Public Works Director. J. Connections to existing manholes or catch basins shall be core drilled. K. Driveway culverts in rural areas shall be at least eighteen (18) inches in diameter. Plastic pipe is prohibited. L. All storm sewer shall be at least fifteen (15) inches in diameter. M. When a smaller sewer joins a larger one, the invert of the larger sewer should be lowered to maintain the same energy gradient. An acceptable method for securing these results is to place the 0.8 depth point of both sewers at the same elevation. N. Storm sewer placed in non-paved areas must be placed on property corners and property lines when possible. O. Catch basins in non-paved areas must be placed so as to minimize standing water. The spacing and locations are subject to the approval of the City Engineer. City of Shakopee Design Criteria Page 14 Page 155 of 320 P. Stormwater management requirements for permanent facilities. 1. An applicant shall install or construct, on or for the proposed land disturbing or development activity, all stormwater management facilities necessary to meet the criteria of the city's Water Resources Management Plan, Design Criteria, and the NPDES Construction General Permit. No private stormwater facilities will be approved by the city unless a maintenance plan and maintenance agreement are provided that defines who will conduct the maintenance, the type of maintenance, and intervals of the maintenance. In the alternative, or in partial fulfillment of this requirement and upon approval of the Public Works Director, an applicant may make an in-kind or monetary contribution to the development and maintenance of regional stormwater management facilities designed to serve multiple land disturbing and development activities undertaken by 1 or more persons, including the applicant. 2. Proposed Stormwater Management Plans shall incorporate volume control, water quality control, and rate control as the basis for stormwater management in the proposed development plan on sites without restrictions. All proposed projects shall be in conformance with the City of Shakopee's Comprehensive Water Resources Management Plan, Design Criteria, and the most current requirements of the Minnesota Pollution Control Agency(MPCA) Municipal Separate Storm Sewer Systems (MS4)Permit, as applicable, meeting the more restrictive criteria. a. Volume Control i. New Development. For nonlinear projects and for developments, stormwater runoff volumes will be controlled and the post-construction runoff volumes shall be retained on site for 1.0 inches of runoff from all impervious surfaces. ii. Redevelopment. For redevelopment projects, stormwater runoff volumes will be controlled and the post-construction runoff volume shall be retained on site for 1.0 inches of runoff from the new impervious surfaces created by the project. There shall be a net reduction from the pre-project conditions (on an annual average basis) of- 1) £1) Stormwater discharge volume, unless precluded by the stormwater management limitations as defined by the Minnesota Pollution Control Agency MS4 Permit, as amended, and the limitations defined in this ordinance. a) Where industrial facilities are not authorized to infiltrate industrial stormwater under an NPDES/SDS Industrial Stormwater Permit issued by the Agency. b) Where vehicle fueling and maintenance occur. c) With less than three (3) feet of separation distance from the bottom of the infiltration system to the elevation of the seasonally saturated soils or the top of bedrock. City of Shakopee Design Criteria Page 15 Page 156 of 320 d) Where high levels of contaminants in soil or groundwater will be mobilized by the infiltrating stormwater. 2) Stormwater discharges of Total Suspended Solids (TSS). 3) Stormwater discharges of Total Phosphorus (TP). b. Water Quality Control. For New Development,the water quality control standard shall be considered satisfied if the volume control standard has been satisfied. In the event that it is infeasible to meet the volume control standard due to contaminated soils, site constraints, etc., the proposed plan will need to maintain the TSS and TP loading; and for redevelopment the goal is to reduce the TSS and TP loadings (Non-Permit method— alternative method with little to no additional modeling required). Methods for meeting these requirements in the decreasing order of preference: i. Credits and site design practices to minimize the creation of connected impervious surfaces are used to the extent practical. ii. Underdrains to promote filtration instead of infiltration. iii. Off-site infiltration. iv. On-site wet detention with permanent pool volume below the normal outlet that is greater than or equal to the runoff from a 2.5 inch, 24-hour storm over the entire contributing drainage area, assuming full development. C. Rate Control. Rate control measures are required on new development and redevelopment projects to meet the water quantity criteria of the latest city's Comprehensive Water Resource Management Plan. Q. Pond design standards. Stormwater detention facilities constructed in the city shall be designed according to standards established by the Engineering Division, and identified as follows: 1. A permanent pool (dead storage)volume below the principal spillway (normal outlet) which shall be greater than or equal to the runoff from a 2- 1/2 inch rainfall over the entire contributing drainage area assuming full development; 2. A permanent pool average depth (basin volume/basin area) of 4 to 10 feet; 3. An emergency overflow (emergency outlet) adequate to control the 1% frequency/critical duration rainfall event; 4. Basin side slopes below the 100-year high water level should be no steeper than 4:1, and preferable flatter. A basin shelf with a minimum width of 10 feet and 1 foot deep below the normal water level is recommended to enhance wildlife habitat, reduce potential safety hazards, and improve access for long-term maintenance; 5. To prevent short-circuiting, the distance between major inlets and the normal outlet shall be maximized; 6. A flood pool (live storage) volume above the principal spillway shall be adequate so that the peak discharge rates meet the requirements of the city's comprehensive water resources management plan; City of Shakopee Design Criteria Page 16 Page 157 of 320 7. Pond outlets may not be smaller than the minimum size indicated in the city's comprehensive water resources management plan; 8. Consideration for aesthetics and wildlife habitat should be included in the design of the pond; 9. A skimming device must be provided to deter floatable pollutants from discharging out of pond; 10. Design of stormwater facilities shall accommodate the 100-year critical event (100- year, 24-hour storm event or 10-day snowmelt event). This includes lakes, ponds, and their outlets; and 11. Pond normal water level elevations shall be established above the ordinary high water level of adjacent public waters, except where topography of the site, floodplain mitigation activities, or other design considerations are determined to be unfavorable for these conditions to occur. This determination shall be performed by the applicant's engineer and approved by the Public Works Director. R. Infiltration design standards. Best management practices to manage infiltration will be required to the maximum extent practical. 1. Volume control BMPs must be incorporated into the project design to minimize the creation of new impervious surface and reduce the existing impervious surfaces, minimize the amount of directly connected impervious surface,preserve and improve the infiltration capacity of the soil, and limit increases in runoff volume exiting the site to the extent feasible considering site-specific conditions. 2. When using infiltration for volume reduction,runoff must be infiltrated within 48 hours using accepted BMPs for infiltration, such as infiltration trenches, rainwater gardens, infiltration benches or infiltration basins. A site investigation must be conducted confirming adequate infiltration parameters. A post construction percolation test must be performed on each infiltration BMP and must demonstrate that the constructed infiltration rate meets or exceeds the design infiltration rate prior to the acceptance by the city. 3. The maximum extent practical required may be less if the Public Works Director determines that 1 or more of the following conditions apply. If 1 or more of the following conditions apply, the Public Works Director shall quantify the amount of infiltration that will be deemed as the maximum extent practical for the site: a. The infiltration characteristics of soils on the site are not favorable for the infiltration of stormwater; b. The site's drainage course is to regional infiltration or detention facilities controlled by the city that reduce runoff volumes; C. The development of the site does not increase the site's impervious areas; or d. Other site conditions that make the infiltration of storinwater impractical as determined by the Public Works Director. 4. Infiltration will be prohibited where the infiltration BMP will be constructed in any of the following areas: City of Shakopee Design Criteria Page 17 Page 158 of 320 a. Where documented past, present, or anticipated future land uses have resulted in or may result in contamination coming in contact with stormwater runoff. b. With less than three (3) feet of separation distance from the bottom of the infiltration system to the elevation of the seasonally saturated soils or the top of bedrock. C. Where vehicle fueling and maintenance occur. d. Where industrial facilities are not authorized to infiltrate industrial stormwater under and NPDES/SDS Industrial Stormwater Permit issued by the MPGA. 5. Infiltration will be restricted and subject to additional City review where the infiltration BMP will be constructed in any of the following areas: a. Within 1,000 feet up-gradient, or 100 feet down-gradient of active karst features. b. Where Drinking Water Supply Management Areas are present, as defined by Minn. R. 4720.51000, subp.13, unless precluded by a local unit of government with an MS4 permit. C. Soils are predominately Hydrologic Soil Group D (clay) soils. d. Soil infiltration rates are more than 8.3 inches per hour unless soils are amended to slow the infiltration rate below 8.3 inches per hour. e. Stormwater runoff shall be treated in a stormwater pond or by other means prior to entering an infiltration facility; or 6. The minimum infiltration requirements for any region of the city will be the requirements of the watershed district or watershed management organization policies that govern that region. These policies may be met through the use of regional or downstream systems prior to discharge of runoff to waters of the state. 7. Infiltration systems must not be excavated to final grade until the contributing drainage area has been constructed and fully stabilized. When the infiltration feature is excavated to final grade,rigorous erosion prevention and sediment control BMPs must be implemented to keep sediment and runoff completely away from the infiltration area. 8. To prevent clogging of the infiltration system, a pretreatment device must be used to settle particles before the stormwater discharges into the infiltrations system. 9. Areas of permanent pools tend to lose infiltration capacity over time and will not be acceptable as an infiltration practice. 10. Per Ordinance Section 54.15 Stormwater Management Plan Approval and Implementation Standards, the infiltration system must provide a water quality volume (calculated as an instantaneous volume) of one(1) inch of runoff(or one (1) inch minus the volume of storinwater treated by another system on the site) from the new impervious surfaces created by the project. 11. The applicant must ensure filtration systems with less than three (3) feet of separation from seasonally saturated soils or from bedrock are constructed with an impermeable liner. 12. A minimum maintenance access of twelve (12) feet is required. City of Shakopee Design Criteria Page 18 Page 159 of 320 S. Mitigation. 1. Where construction projects cannot meet volume, TSS, or TP reduction requirements for new development or redevelopment projects on the site of original construction, all methods must be exhausted prior to considering alternative methods and/or locations where volume and treatment standards can be achieved. If the city has determined that all methods have been exhausted, the permittee will be required to identify alternative locations where the standards can be achieved or alternative methods in the following order of preference: a. Locations that yield benefits to the same receiving water that receives runoff from the original construction activity. b. Locations within the same Department of Natural Resource (DNR) catchment area as the original construction activity. C. Locations in the next adjacent DNR catchment area up-stream. d. Locations anywhere within the City of Shakopee. e. Biofiltration. 2. In addition,mitigation projects must also meet the following criteria: a. Mitigation projects shall involve the establishment new structural stormwater BMPs or the retrofit of existing structural stormwater BMPs, or the use of a properly designed regional structural stormwater BMP. b. Previously required routine maintenance of structural stormwater BMPs cannot be considered mitigation. C. Mitigation projects must be finished within 24 months after the original construction activity begins. d. A maintenance agreement specifying the responsible party for long- term maintenance shall be identified. Sect. 5 — Sanitary Sewer 1. General. The minimum diameter for public sanitary sewer mains shall be eight (8) inches. Sanitary sewer design must account for the study area and all areas outside the study area which would naturally drain through the study area. Natural drainage areas will be established by using the Comprehensive Sewer Plan and Comprehensive Water Resource Management Plan adopted by the City. In no case shall the design velocity be less than 2.2 feet per second or more than ten (10) feet per second as computed by Manning's formula for flow in open channels (Manning's shall be 0.013 for purposes of design). 2. Design Criteria. Sanitary sewers shall be designed and constructed in accordance with the most current edition of Recommended Standards for Sewage Works; a report of Committee of the Great Lakes - Upper Mississippi River Board of State Sanitary Engineers. 3. Plan Requirements and Design Guidelines. The following are specific requirements related to the design of sanitary sewer and sanitary sewer services: City of Shakopee Design Criteria Page 19 Page 160 of 320 A. The sanitary sewer alignment shall follow the centerline of the street where practical. B. The maximum spacing between manholes is four-hundred (400) unless approved otherwise. C. All manholes at intersections shall be located at centerline/centerline. D. Manholes are required on the terminus end of all stubs if the line will be active. E. Connections to existing sanitary sewer manholes shall be core-drilled and fitted with a watertight boot. F. Inside drop manholes are not allowed. G. The minimum depth of a sanitary sewer manhole is nine (9) feet unless previously approved by the City Engineer. H. Changing of pipe material between manholes is not permitted except at outside drops. I. Sanitary sewer services shall be a minimum four (4) diameter PVC (SDR 26). J. Sanitary sewer services shall not be connected to a manhole unless otherwise approved. K. The minimum depth of the sanitary sewer service at the easement line shall be nine (9) feet unless otherwise approved. L. Sanitary sewer pipe shall be PVC SDR 35 (0 - 18' deep) and PVC SDR 26 (18'- 26') deep. Alternate pipe materials for sanitary sewer deeper than twenty-six (26) feet will be required as determined by the City Engineer. M. Rerounding of pipe is not allowed unless previously approved by the City Engineer. N. The contractor shall install a marker post at the end of each sanitary sewer service. The developer shall provide GPS coordinates of each marker post and GPS coordinates of each sanitary sewer service wye. Final record drawings submitted to the City shall have a table identifying each sanitary sewer service with the aforementioned GPS coordinates. Sect. 6— Utilities 1. Public Water.Where a connection to the City water system is presently available at or reasonably near the boundary of the subdivision, water distribution facilities, including fire hydrants, shall be installed to serve all properties within the subdivision and shall be in accordance with policies of the Shakopee Public Utilities Commission. Public Water systems shall be designed and constructed in accordance with the standards and policies of the Shakopee Public Utility Commission. City of Shakopee Design Criteria Page 20 Page 161 of 320 2. Other Utilities. Electric service, phone service, and cable television installations to residential structures shall be underground from the main line to the residential structure except where extreme conditions prohibit and a variance from this requirement is authorized by the Planning Commission upon advice of the Utilities Commission. Provisions shall also be made for underground connections of street lights as required from main lines to the street line installation. Where telephone, electric and/or gas service lines are to be placed underground, conduits or cables shall be placed within easements or dedicated public ways,in such a manner so as not to conflict with other underground services,and in locations as approved by the City Engineer. All drainage and other underground utility installations that traverse privately owned property shall be protected by easements. Sect. 7— Street Lights 1. Design Criteria. The subdivider shall provide for installation of street lighting and operation for a period of three (3) years as prescribed by the Utilities Manager. Street lighting shall be designed and constructed in accordance with the standards and policies of the Shakopee Public Utility Commission and the City of Shakopee. Sect. 8 — Streets 1. General. A. The arrangement of thoroughfares and collector streets shall conform as nearly as possible to the Comprehensive Plan. Except for cul-de-sacs, streets normally shall connect with streets already dedicated in adjoining or adjacent subdivisions, or provide for future connections to adjoining unsubdivided tracts, or shall be a reasonable projection of streets in the nearest subdivided tracts. The arrangement of thoroughfares and collector streets shall be considered in their relation to the reasonable circulation of traffic,to topographic conditions,to runoff of stormwater,to public convenience and safety, and in their appropriate relation to the proposed uses of the area to be served. B. Where the plat to be submitted includes only part of the tract owned or intended for development by the subdivider, a tentative plan of a proposed future street system for the unsubdivided portion shall be prepared and submitted by the subdivider at the same scale as set forth herein. C. When a tract is subdivided into larger than normal building lots or parcels, such lots or parcels shall be so arranged so as to permit the logical location and openings of future streets and appropriate resubdivision, with provision for adequate utility connections for such resubdivision. City of Shakopee Design Criteria Page 21 Page 162 of 320 2. Street Width and Right-of-Way Width. A. Two-way right-of-way widths and pavement widths (back to back of curb) shall conform to the City's adopted Transportation Plan, with the exception of the local roads. The local road width shall be as follows: Classification Right-of-Wav Roadway Local(anticipated traffic of 200 or less cars per day, as determined by the City Engineer) 60 Feet 33 Feet Local(more than 200 cars per day) 60 Feet 37 Feet B. All one-way right-of-way widths and pavement widths (back to back of curb) shall conform to the following minimum dimensions: Classification Right-of-Wav Roadway Local 45 Feet 25 Feet Collector Streets 60 Feet 30 Feet Arterial Streets 60 Feet 30 Feet 3. Streets. A. Public Streets and alleys shall be designed and constructed in accordance with the General Specification and Standard Detail Plates for Street & Utility Construction. All street and alley construction shall be inspected by the City Engineering Department. B. The full width of the right-of-way of each street and alley dedicated in the plat shall be graded. The width shall comply with the surface provisions of this Chapter and Class 5 MN/DOT aggregate or other suitable base shall be required as prescribed by the Engineering Department. C. All streets shall be surfaced with a bituminous surface or portland cement concrete. D. Except where justified by special conditions, such as the continuation of an existing alley in the same block, alleys will not be approved in residential districts. Dead end alleys shall be avoided, whenever possible, but if unavoidable, such dead end alleys must provide adequate turnaround facilities at the closed end. E. Concrete curb and gutter may be required as a part of the required street surface improvement and shall thus be designed for installation along both sides of all roadways in accordance with the standards of the City F. Rural roadway sections, that do not include concrete curb and gutter, shall consist of roadside ditches and five(5) foot gravel shoulders. City of Shakopee Design Criteria Page 22 Page 163 of 320 4. Grades. A. All center line gradients shall be at least 0.5 percent and shall not exceed the following: Classifications Gradient Percent Arterial Streets 5 Collector Streets 6 Local Streets 7 Marginal Access Streets 7 Alleys 8 The grades at intersecting state-aid streets shall not be greater than 1.0% for 50' on either side of the state-aid street,and not greater than 2.0%for an additional 50'. The grades at intersecting arterial streets shall not be greater than 2.0% for 200' on either side of the intersection. On local streets, the grade shall not be greater than 3.0% for 100' on either side of the intersection. The more important street at an intersection, as determined by the City Engineer, shall govern the through grade. 5. Street Jogs. Street jogs (intersections less than 330 feet apart) must be approved by the City Engineer. 6.Local Streets. Local streets shall be so aligned that their use by through traffic will be discouraged. Dead end streets are prohibited, but cul-de-sacs will be permitted where topography or other conditions justify their use. 7. Cul-de-sacs. Maximum length of cul-de-sac streets shall be one-thousand (1,000) feet for rural service areas and seven-hundred fifty (750) feet for urban service areas measured along the center line from the intersection of origin to end of right-of-way. Cul-de-sacs shall have a dedicated right- of-way with a minimum radius of sixty(60) feet, and shall be paved with a minimum radius of forty- six (46) feet(to back of curb). Lot lines abutting cul-de-sacs shall be radial except in extreme cases where special permission may be granted otherwise. 8. Temporary Cul-de-sacs. In new subdivisions where a future public street will connect to a temporary street stub, a temporary cul-de-sac will be required. The maximum length of temporary cul-de-sac streets shall be seven-hundred fifty(750)feet for both rural service and urban service areas, measured along the center line from the intersection of origin to end of pavement. The minimum paved surface diameter shall be seventy (72) feet, without curb and gutter. A temporary cul-de-sac will not be required for street stubs that serve less than three (3) lots. 9. Service Roads. Where a subdivision abuts or contains an existing or planned service road or a railroad right-of-way, the Council may require a street approximately parallel to and on each side of such right-of-way for adequate protection of residential properties and to afford separation of through and local traffic. Such marginal access streets shall be located at a distance from the major thoroughfares of railroad right-of-way suitable for the appropriate use of the intervening land, as for park purposes in residential districts,or for commercial or industrial purposes in appropriate districts. City of Shakopee Design Criteria Page 23 Page 164 of 320 Such distances shall also be determined with due regard for the requirements of approach grades and future grade separations. 10. Half Streets. Half streets shall be prohibited, except where essential to the reasonable development of the subdivision in conformity with the other requirements of these regulations; and except where the Council finds it will be practicable to require the dedication of the other half when the adjoining property is subdivided. Wherever there is a half street adjacent to a tract to be subdivided,the other half of the street shall be platted within such tract. 11. Surface. All street surfaces shall be designed and constructed in accordance with the standard specifications and shall provide a warranty bond before being accepted by the City for maintenance. Curb and gutter or shoulder and bituminous surfacing shall be constructed at the same time. 12. Reserve Strips. Reserve strips controlling access to streets shall be prohibited. 13.Hardship to Owners of Adi oining Property Avoided. The street arrangement shall not be such as to cause hardship to owners of adjoining property in platting their own land and providing convenient access to it. 14.Access to Arterial and Collector Roadways. In the case where a proposed plat is adjacent to an arterial or collector road, the applicant shall not direct vehicle or pedestrian access from individual lots to such roadways. The subdivider will be required to provide access to all lots via public streets. Spacing of these public streets shall meet the requirements of the City's adopted Transportation Plan. 15. Platting of Small Tracts. In the platting of small tracts of land fronting arterial roadways where there is no convenient access to existing entrances and where access from such plat would be closer than 1/4 mile from an existing access point, a service road forty (40) feet wide shall be dedicated across the tract. As the neighboring land is platted and developed, and access becomes possible to the service road, direct access to the thoroughfares shall be prohibited. 16.Deflections/Horizontal Curves. When connecting street lines deflect from each other at any one point by more than ten(10) degrees,they shall be connected by a curve with a radius of not less than one-hundred twenty(120)feet. Depending on grades and projected traffic volumes the City Engineer may require a larger radius. This minimum curve radius does not apply to intersecting street lines (full street intersections) or to street lines connected at"T" intersections. Collector street horizontal centerline curves shall meet State Aid Standards. 17. Street Vertical Curves. Vertical curves on local roads shall be designed to meet a minimum design speed of thirty (30) mph. The City Engineer will determine the design speed for arterial and collector roads. The minimum allowable curve length is fifty (50) feet unless the algebraic difference between grades within a vertical curve is less than 1.2 percent, then the allowable minimum vertical curve length is twenty(20) feet. 18. Angle of Intersections. The angle formed by the intersection of streets shall be ninety (90) degrees. Any variance will require approval by the City Engineer. 19. Size of Intersection. Intersections of more than four corners shall be prohibited. City of Shakopee Design Criteria Page 24 Page 165 of 320 20. Curb Return Radius. Minimum curb return radii at intersections shall conform to the following table: Curb Return Radius (feet) at Intersections Local(33') Local(37') Collector Arterial Local(33' wide) 20 0 Local(37'wide) 20 20 Collector 25 25 25 Arterial 30 25 25 25 Industrial 30 25 25 25 The City Engineer may require larger radii. The County Engineer will determine radii at intersections at County roads. 21. Crosspans. Double crosspans may be used at the intersection of residential streets only when necessary to prevent flooding of one side of the street. Crosspans are not allowed across collector or arterial streets. Crosspans are not allowed on streets with storm sewer systems or on other streets designated by the City Engineer. 22. Street Section Design. The street section shall be designed as set forth in the "Geotechnical and Pavement Manual" (Chapter 5), as prepared by the Minnesota Department of Transportation. It shall be accompanied by a complete soils report certified by a licensed professional engineer. The following minimum pavement thickness and aggregate thickness shall apply to all streets: Minimum Minimum Bituminous Pavement Aggregate Base Arterial Street 5" 10" Collector Street(Residential) 4" 8" Minimum Minimum Bituminous Pavement Aggregate Base Collector Street(Commercial) 5" 10" Collector Street(Industrial) 5" 10" Local Street 4" 8" All streets with subgrade soil with an "R" value of thirty (30) or lower shall be constructed with two (2) feet of granular borrow and one-hundred(100) feet of drain tile connected to and centered on each low point catch basin. The street section must be approved by the City Engineer and may be adjusted by the City Engineer based on the soils report. City of Shakopee Design Criteria Page 25 Page 166 of 320 Sect. 9 — Sidewalks and Trails 1. Sidewalks. A. The sidewalks shall not be located less than one foot from the property line, nor be adjacent to the curb except as determined in commercial areas. Sidewalks in industrial areas shall be located to conform to the anticipated pedestrian flow of the development. B. Sidewalks shall slope 1/4 inch per foot away from the property line and the profile grades shall conform to street grades. C. Planned unit development shall be subject to the location,widths, and grades set forth herein. D. The subdivider shall install sidewalks on both sides of an officially designated arterial street and on one side of collector streets, and walkways to schools; such collector streets and walkways to be determined by the Planning Commission and approved by the Council. If the street is along a designated trail route, a bituminous trail may be required in place of the sidewalk, as determined by the Planning Commission and approved by the Council. E. In blocks over nine-hundred(900)feet long,pedestrian crosswalks through the blocks, and at least ten (10) feet wide, may be required by the Council in locations deemed necessary to public health, convenience and necessity. F. Curb returns and intersections where sidewalk is required shall have handicap ramps with truncated domes. G. All sidewalks widths shall be five(5)feet,except in commercial areas where the width may be wider, as determined by the City Council. Sect. 10 — Lots and Blocks 1. Easements. A. A minimum of five (5) feet drainage and utility easement is required adjacent to all side yard lot lines. A minimum of ten (10) feet of drainage and utility easement is required adjacent to all front lot lines,rear lot lines or lot lines adjacent to public right-of-way. A minimum twenty(20)feet of drainage and utility easement is required centered over all utilities less than five (5) feet deep. For utilities deeper than five(5)feet,the minimum easement width shall be calculated assuming a one (1) foot trench bottom and 1-foot (vertical) to 1.5-foot (horizontal) City of Shakopee Design Criteria Page 26 Page 167 of 320 side slopes. For example,a utility ten(10)feet deep will require a minimum easement width of thirty(3 1) feet. The City Engineer may increase easement requirements, as necessary B. Where a subdivision is traversed by a water course, drainage way/swale, channel or stream, there shall be provided a stormwater easement or drainage right-of-way conforming substantially to lines of such watercourse, and such further width or construction,or both,as will be adequate for the purpose. Parallel streets or parkways may be required in connection therewith. C. Drainage and utility easements shall be shown on the final plat,out to the one-hundred (100)year highwater level contour. D. Access easements, for future maintenance, shall be provided for ponding areas within subdivisions. 2. Blocks. A. Block length and width or acreage within bounding streets shall be such as to accommodate the size of residential lot required in the area by the Zoning Chapter and to provide for convenient access, circulation control and safety of street traffic. B. Residential block lengths shall not exceed one-thousand three-hundred (1,300) feet. Blocks intended for commercial and industrial use must be designed as such, and the block must be of sufficient size to provide for adequate off-street parking,loading and such other facilities as are required to satisfy the requirements of the Zoning Chapter of the City Code. C. A block shall be so designed as to provide two tiers of lots,unless it adjoins a railroad or major thoroughfare where it may have a single tier of lots. 3. Lot Standards. A. The lot dimensions shall be such as to comply with the minimum lot areas specified in the Zoning Chapter. B. Side lines of lots shall be substantially at right angles to straight street lines or radial to curved street lines. C. In the subdividing of any land,due regard shall be shown for all natural features, such as tree growth, wetlands, steep slopes, watercourse, historic spots, or similar conditions, and plans adjusted to preserve those which will add attractiveness, safety and stability to the proposed development. D. All remnants of lots below minimum size left over after subdividing of a larger tract must be added to adjacent lots rather than allowed to remain as unusable parcels. City of Shakopee Design Criteria Page 27 Page 168 of 320 E. Double frontage (lots with frontage on two parallel streets) or reverse frontage shall not be permitted except: 1. Where lots back on an arterial or collector street, in which case vehicular and pedestrian access between the lots and arterial streets shall be prohibited. Such double frontage lots shall have an additional depth of at least twenty(20)feet in order to allow space for screen planting along the back lot line. 2. Where topographic or other conditions render subdividing otherwise unreasonable, such double frontage lots shall have an additional depth of at least twenty(20)feet in order to allow space for screen planting along the back lot line. F. All lots must abut their full frontage on a publicly dedicated street. G. Rural service lots shall be designed in such a manner whereby septic tanks,drainfields and homes are located as to allow future subdivision of the land upon the requirement of the City Engineer where future urban service expansion is probable. The City may also require at the time of final subdivision approval that a covenant be recorded which requires the placement of future structures in accordance with approved preliminary plat design. Whenever a parcel of land is subdivided into lots containing one or more acres and there are indications that such lots may eventually be subdivided into smaller plats, the Council may require that such parcel of land be divided so as to allow for the future construction of streets and the extension of adjacent streets. Easements providing for the future opening and extension of such streets may be made a requirement of the plat. H. All lots or parcels shall have direct adequate physical access for emergency vehicles along the frontage of the lot or parcel from a public roadway 4. Buffering Residential Subdivisions Adjacent to Intermediate and Principal Arterial Roads. A. In all residentially zoned areas determined by the Administrator to have significant noise impact within one-hundred twenty-five (125) feet of the roadway right-of-way or areas of noise impact estimated to maintain ambient decibel ratings of seventy(70) DbA or greater, one or a combination of the following design requirements shall apply: 1. Lots adjacent to the roadway right-of-way shall be sized wherein a One- hundred twenty-five (125) foot buffer strip be provided as additional setback to lot depth or width standards supplementary to the minimum lot size and setback of the zoning provisions of the applicable district. An earth berm or other acceptable barrier technique shall be constructed to abate noise impact adjacent to roadway right-of-way equal to or below the seventy (70) DbA standard accompanied by the following: a. A plan showing the existing and anticipated noise levels in DbA that are or will be expected on the site and in the immediate vicinity of the site. City of Shakopee Design Criteria Page 28 Page 169 of 320 b. A description of the site plan construction techniques, architectural designs, and other measures expected to be taken to reduce ambient noise levels. Such description shall include sufficient plans and other drawings to enable the City to accurately identify the noise reduction measures expected to be taken. B. Responsibility for any noise mitigation measures shall be the responsibility of the developer, its successors and/or assigns. This responsibility shall be included and clearly stated in plat approval resolutions or other relevant approval documents. 5. Buffering Residential Dwellings Adjacent to Wetlands and Stormwater Ponds A. In all zoned areas where residential dwellings are adjacent to, or are within one- hundred (100) feet of a wetland or stormwater pond, the following design requirements shall apply: 1. All residential dwellings shall be at least thirty (30) feet horizontal from the one-hundred (100) year high water level of the wetland or pond. Building setbacks shall be in accordance with the latest addition of the City's Stormwater Management Plan. 2. In commercial or industrial zoned areas where a stormwater pond is proposed to be within one-hundred(100) feet of a residential dwelling, a fence shall be installed along the property line separating the commercial zoned (or industrial zoned) area and the residential property. Sect. 11 — Plan Standards 1. General Plan And Drafting Requirements. A. Title Sheet The title sheet shall include a project location map and an approval block for the City Engineer (approved for one year from the date of signing). B. Overall Plan Incorporated in the set of plans shall be an overall plan duplicating the entire project showing all proposed improvements with corresponding sheet numbers on each separate sheet and index. An approval block for Shakopee Public Utilities Commission shall be included on the overall plan sheet. C. Standard Sheet All drawings shall be submitted on standard sheets at standard scale. City of Shakopee Design Criteria Page 29 Page 170 of 320 Standard Sheet: • Grading Plan- 22" x 34" • Street and Utility Plan- 22" x 34" Standard Scale: • Horizontal 1" = 50' • Vertical 1" = 5' D. Plan North arrow, rights-of-way and width,property lines, lot and block numbers, street names, utility lines and size, railroad track, ditches, easements and width, match lines and reference sheet numbers shall be shown on all plan sheets. All roadway improvements and utilities shall be tied to the centerline of City right-of-way, to the centerline of a City easement, to subdivision corners, to Government land corners or to Government land lines. E. Profile To be located directly below the plan with stationing aligned as closely as practical. Original ground (dashed) and proposed if different (solid). Profile shall locate and describe additional information required under the standards for the particular improvement proposed. All utilities shall be shown in profile to include sanitary sewer, watermain, storm sewer and storm sewer crossings. F. Additional Sheets Use standard sheet requirements with appropriate scales for additional sheets required by the City Engineer and not covered by City of Shakopee Standard Detail Plates or approved Mn/DOT Standard Plates. More than one (1) sheet may be necessary. Additional sheets may include, but are not limited to, unique project details, signage and striping, landscaping, SWPPP, turn lane construction, box culvert construction, etc. G. Benchmark Description on each sheet, elevation, USGS 1929 datum, tie to City bench loop, description of City benchmark to which it is tied. H. Title Block Shall include the name of project, subdivision or planned building group or street, as applicable and type of utility or roadway and the name, address, zip, telephone of the Engineer and developer. City of Shakopee Design Criteria Page 30 Page 171 of 320 I. Certification Certification signature and registration number of Professional Engineer on each sheet. J. Required Notes These notes shall appear on the cover sheet. If no cover sheet, they shall be put on every sheet submitted for approval. • All work shall be done in accordance with the City of Shakopee's General Specifications and Standard Detail Plates for Street and Utility Construction. • The contractor shall install a steel marker post at the end of each sanitary sewer service. The developer shall provide GPS coordinates of each marker post and GPS coordinates of each sanitary sewer service wye. Final record drawings submitted to the City shall have a table identifying each sanitary sewer service with the aforementioned GPS coordinates. 2. Record Plan Requirements. A. Record plans must submitted on mylar sepias from inked and clearly legible drawings. At a minimum, two (2) electronic copies in AutoCAD and Adobe Acrobat formats must be submitted with datum on the Scott County coordinate system. Specific electronic formats and/or versions will be determined by the City Engineer. B. The record plans shall, at a minimum, include the following information: • Locations and top of casting and invert elevations of all sanitary sewer and storm sewer structures and appurtenances. • Locations and top-nut elevations for all fire hydrants. • Locations and elevations for all gate valves. • Revised pipe slopes, lengths and materials (if applicable). • Revised horizontal locations of all street and utility improvements. • Additional notes as required by the City Engineer. C. Sanitary Sewer Services • GPS coordinates at the end of all sanitary services and curb stop locations must be provided in a tabular format. • Stationing of sanitary sewer wyes shall be indicated. • All sanitary services shall be shown on the record plan with length, size, elevation, and pipe type noted. Indicate if jacked. • If sanitary sewer wye only is constructed, it shall be noted as "Wye Only" after the stationing. • The approximate invert elevation at the forty-five (45) degree bend of all sanitary sewer service stubs shall be shown on the plans. If deep risers are City of Shakopee Design Criteria Page 31 Page 172 of 320 placed, the height of each shall be indicated on the plans and each shall be drawn on the profile, and the height of the risers indicated. D. Water Services • GPS coordinates at the end of all sanitary services and curb stop locations must be provided in a tabular format. • Stationing of water corporation cock shall be indicated. • All water services shall be shown with length, size and pipe type noted. Indicate if jacked. • All curb stop boxes shall be tied at the property line with at least two ties using the following priority: o Sanitary sewer manholes o Hydrants o Storm sewer manholes o Catch basins o Power transformers o Building corners E. Watermain Fittings All water fittings should be labeled as to size and type such as bends, ties, plugs, etc. F. Gate Valves All gate valves shall be tied with at least two ties using the following priority: • Fire hydrants. • Manholes. • Catch basins, if curb and gutter are in. • Buildings or other permanent structures. • Telephone pedestals. • Power poles, trees, other semi-permanent items. • Stationing from hydrants,manholes,catch basins,if over one-hundred(100) feet. • All ties should be less than two-hundred (200) feet whenever possible. G. Fire Hydrants All fire hydrants shall have a benchmark elevation shown for the top-nut of the fire hydrant. H. All structures shall have the top of casting elevation and invert elevations shown. City of Shakopee Design Criteria Page 32 Page 173 of 320 I. Streets Street record "as-built" plans/drawings shall include a typical street section and horizontal and vertical curve data. J. Miscellaneous The following information shall be shown on every sheet: • Contractor's name • Construction observer's name • Project engineer's name K. Sanitary Sewer Televising The contractor must televise the entire sanitary sewer system and provide the City with one DVD of the sanitary sewer system along with a televising report. The report shall include the locations of all service wyes. L. Operations Record Plan An Operations Record Plan must be submitted to the City and to SPUC and approved by each entity prior to issuance of building permits in addition to the model building permit. The plan must include, at a minimum, the following information: • Information as required in Sections A, B, C, D, E and H above. • Information as required by the SPUC Water Policy Manual. The City Engineer may require additional information and increase the minimum requirements on any pro 'lett. City of Shakopee Design Criteria Page 33 Page 174 of 320 RESOLUTION 7933 A Resolution Adopting Design Criteria For Chapter 150 of the City Code, Subdivision Regulations WHEREAS, Shakopee City Code Chapter 150 contains subdivision regulations; and WHEREAS, City Code Sections 150.55 through 150.66 establish certain city design criteria pertaining to design, construction, and installation that all public improvements, subdivisions, and new buildings must follow; and WHEREAS, the design criteria are defined in a separate standalone document by reference called the "City of Shakopee Design Criteria"; and WHEREAS, the latest version of the city's Design Criteria was adopted by the City Council through Resolution 6805 on September 2, 2008; and WHEREAS, the Erosion and Sediment Control, and the Storm Sewer sections of the Design Criteria have been updated to meet compliance requirements established by the Minnesota Pollution Control Agency as part of the city's Small Municipal Separate Storm Sewer System General Permit (MS4 Permit). NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA: that it hereby approves and adopts the revised Design Criteria, a copy of which is attached hereto for use with Chapter 150 of the City Code, Subdivision Regulations. Adopted in re Tri session of the City Council of the City of Shakopee, Minnesota,held this 17th day of October 2017. Mayor of the City of Shakopee ATTEST: City Clerk Page 175 of 320 *5.C.2. Pb9akA SHAKOPEE Shakopee City Council October 17, 2017 FROM: Ryan Halverson, Assistant City Engineer TO: Mayor and Council Members Subject: Declare a Cost to be Assessed and Establish a Public Hearing for the 2017 Street Reconstruction, Project 2017-1. Policy/Action Requested: Adopt Resolution 7939 declaring costs to be assessed, ordering the preparation of proposed assessments and setting a public hearing for November 21, 2017, for the 2017 Street Reconstruction, Project 2017-1. Recommendation: Adopt Resolution 7939. Discussion: On March 7, 20171 City Council adopted Resolution 7844, approving the plans and specifications and ordering the advertisement for bids for the 2017 Street Reconstruction, Project 2017-1. On April 18, 2017, City Council adopted Resolution 7860, a resolution accepting the bids and awarding the contract for the 2017 Street Reconstruction Project. The improvements have been constructed and are now complete. The contract construction costs are $1,564,309.30, street lighting costs are $19,000 and engineering/administration/legal costs are $201,229.54 resulting with a final total project cost of$1,784,538.84. The attached resolution declares total project costs, the final project funding amounts, and the total cost to be assessed. Budget Impact: Project funding sources include the Sanitary Sewer fund, Storm Sewer fund, Shakopee Public Utilities, Capital Improvement fund (CIF) and assessments to the benefiting properties. The following summary provides the estimated funding amounts from the Preliminary Engineering Report and the final project funding amounts based on actual costs. Page 176 of 320 Preliminary Project Completion Engineering Report Assessments $3849000 $2545125.00 CIF $89600 $6321438.72 Sanitary Sewer Fund $4109000 $2509674.20 Storm Sewer Fund $3385000 $1491893.97 Shakopee Public $5545000 $497,406.95 Utilities Total Costs $2,582,000 $19784,538.84 ATTACHMENTS: D Resolution 7939 Page 177 of 320 RESOLUTION NO. 7939 A Resolution Declaring The Costs To Be Assessed And Ordering the Preparation Of Proposed Assessments For The 2017 Street Reconstruction Project 2017-1 WHEREAS, a contract has been let for the construction of the 2017 Street Reconstruction Project as described in the preliminary engineering report with the contract price for such improvements of $1,666,751.40; the final contract price for such improvement is $1,564,309.30, street lighting costs are $19,000, and engineering/administration/legal costs are $201,229.54. Of this cost the City of Shakopee will pay$1,033,006.89 and Shakopee Public Utilities will pay $497,406.95. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA: 1. The cost of such improvement to be specially assessed is hereby declared to be $254,125. 2. The City Clerk, with the assistance of the City Engineer, shall forthwith calculate the proper amount to be specially assessed for such improvement against every assessable lot, piece, or parcel of land within the district affected, without regard to cash valuation, as provided by law, and keep a copy of such proposed assessment in her office for public inspection. 3. That the City Clerk shall, upon the completion of such proposed assessment, notify the City Council thereof. BE IT FURTHER RESOLVED: 1. That a hearing shall be held on the 21st day of November 2017, in the Council Chambers of City Hall at 7:00 P.M. or thereafter, to pass upon such proposed assessments and at such time and place all persons owning property affected by such improvements and proposed assessments will be given an opportunity to be heard with reference to such assessment. 2. That the City Clerk is hereby directed to cause a notice of the hearing on the proposed assessment to be published once in the official newspaper of the City of Shakopee at least two weeks prior to the hearing and she shall state in the notice the total cost of the improvements. She also shall cause mailed notice of such hearing to be given to the owner of each parcel described in the assessment roll not less than two weeks prior to the hearing. Page 178 of 320 Adopted in session of the City Council of the City of Shakopee, Minnesota, held this day of , 2017. Mayor of the City of Shakopee ATTEST: City Clerk ENGR/2017PROJECT2017-STREET-RECONSTRUCTION/WORD/RES7939-DECLARE-COSTS-ASSESSED Page 179 of 320 *5.C.3. Pb9akA SHAKOPE: Shakopee City Council October 17, 2017 FROM: Steve Lillehaug, Public Works Director/City Engineer TO: Mayor and Council Members Subject: Award a contract for the Vierling Drive Utility Extension Phase 1 Project No. 2017-10. Policy/Action Requested: Approve Resolution 7942, accepting the bids, awarding a contract for the Vierling Drive Utility Extension Phase 1 Project No. 2017-10 to RL Larson Excavating, Inc., and approving a five percent project contingency amount. Recommendation: Adoption of Resolution 7942. Discussion: The city's Capital Improvement Plan (CIP) contains the Vierling Drive Utility Extension Phase 1 Project. On September 19, 2017, the City Council approved the plans and specifications, and authorized bidding for Phase 1 of the project that includes the installation of the public watermain and sanitary sewer lines. Phase 2 improvements will include the storm sewer, roadway, streetscaping, street lighting, and a roundabout to serve access to the adjacent parcels that are currently available for development. Phase 2 plans are currently being developed and are programmed for spring 2018. In accordance with Minnesota Statute Section 471.347 Uniform Municipal Contracting Law, bids were solicited and opened on October 13, 2017. A total of nine (9) bids were received and RL Larson Excavating, Inc., from St. Cloud, Minnesota, is the low bidder in the amount of$321,712.50. RL Larson Excavating, Inc., has the capacity and experience for the project and is deemed a responsible bidder. They are prepared to begin work immediately with an anticipated completion in December 2017. Budget Impact: The CIP identified a project budget of$1,500,000 for the Vierling Drive Utility Extension Project, inclusive of both Phases 1 and 2. Page 180 of 320 Phase 1 estimated construction costs based on the low bid amounts to $321,712.50. The Phase 2 estimated construction cost is $880,000. The combined construction costs plus 5% contingency and 20% engineering/administration/legal makes up the total project budget of $1,500,000. Project funding includes the Capital Improvement Fund ($1,490,000) and Shakopee Public Utilities water fund for watermain oversizing to serve future extension needs ($10,000). ATTACHMENTS: D CIP Sheet D RESOLUTION 7942 Page 181 of 320 Capital Improvement Plan 2018 thru 2'02'2 Department Capital Improvements Fund City of Shakopee, Minnesota Contact Public Works Director Project# CIF-18-007 Type Improvement Useful Life Project Name Vierlin Drive - C.R. 69 to Taylor St. g y Category Street Construction Accounting Code Priority 2 Important-Provide Ffficeincie Fund Capital Improvement Fund Description Total Project Cost: $1,500,000 The construction of street,utility,sidewalk and trail system from County Road 69 to Taylor Street. Justification Viertiing Drive completion is needed to provide access to commercial property south of Shakopee Town Square and North of the Shakopee By-Pass while completing this east-west collector system. Expenditures 2018 2019 2020 2021 2022 Total Construction/Maintenance 1,200,000 1,200,000 Engineering/Administration 300,000 300,000 Total 1,500,000 1,500,000 Funding Sources 2018 2019 2020 2021 2022 Total Capital Improvement Fund 1,500,000 1,500,000 Total 1,500,000 1,500,000 Budget Impact/Other Sale of property will reinburse the cost of improvements.Also this roadway could qualify for Local Road Improvement Program funds from the State. Page 182 of 320 RESOLUTION NO. 7942 A Resolution Accepting Bids for the Vierling Drive Utility Extension Phase 1 Project No. 2017-10 WHEREAS,pursuant to an advertisement for bids for the Vierling Drive Utility Extension Phase 1 Project No. 2017-10, bids were received, opened on October 13, 2017, and tabulated according to law, and the following bids were received complying with the advertisement: Bidder Amount RL LARSON EXCAVATING, INC $321,712.50 PARK CONSTRUCTION CO. $343,885.45 R&R EXCAVATING, INC $356,669.45 NORTHDALE CONSTRUCTION CO. $369,968.95 RYAN CONTRACTING CO. $379,321.00 NORTHWEST ASPHALT, INC $391,370.07 HESELTON CONSTRUCTION LLC $408,964.85 S.M. HENTGES & SONS, INC $448,862.10 ALCON CONSTRUCTION CORP. $450,000.00 WHEREAS,it appears that RL Larson Excavating Inc.,2255 12th Street S.E., St. Cloud,MN 56304 is the lowest responsible bidder for the Vierling Drive Utility Extension Phase 1 Improvement Project in the amount of$321,712.50. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE,MINNESOTA: 1. The appropriate City officials are hereby authorized and directed to enter into a contract with RL Larson Excavating, Inc. in the name of the City of Shakopee for the Vierling Drive Utility Extension Phase 1 Project according to the plans and specifications therefore approved by the City Council and on file in the office of the City Clerk. 2. The City Clerk is hereby authorized and directed to return forthwith to all bidders the deposits made with their bids, except that the deposits of the successful bidder and the next lowest bidder shall be retained until a contract has been signed. Adopted in regular session of the City Council of the City of Shakopee, Minnesota, held this 17th day of October 2017. Mayor of the City of Shakopee ATTEST: City Clerk Page 183 of 320 *5.C.4. Pb9akA SHAKOPE: Shakopee City Council October 17, 2017 FROM: Steve Lillehaug, Public Works Director/City Engineer TO: Mayor & Council Members Subject: Amendment to the WSB & Associates, Inc., Agreement for Professional Services for the Vierling Drive Connection Project. Policy/Action Requested: Approve an amendment to the agreement with WSB & Associates, Inc. for professional services for the Vierling Drive Extension Project from Taylor Street to County Road 69. Recommendation: Approve amendment. Discussion: On July 5, 2017, City Council authorized an agreement with WSB & Associates, Inc. for professional services on the Vierling Drive Extension project from Taylor Street to County Road 69, known as the Vierling Drive Extension Project 2017-10. Additional services that were not included in the original scope of services are needed. The amendment includes additional professional services for landscaping design and the preparation of the preliminary and final plat. Budget Impact: This amendment to the agreement includes additional costs for Landscaping services in the amount of approximate $18,696; and the preliminary and final plat work amounting to $9,860. Total additional costs per this amendment is approximately $28,556. The costs for these additional services will be a project cost that will be funded by the Capital Improvements Fund. ATTACHMENTS: Page 184 of 320 D Original Agreement D Landscape Scope Amendment D Platting Scope Amendment Page 185 of 320 � 701 Xenia Avenue South I Suite 300 1 Minneapolis,MN 55416 1(763)541-4800 June 28, 2017 K8c Bruce Loney, PE Public Works Director/City Engineer City ofShakopee 12SHolmes Street South Shakopee, MN 55379-1376 Re: Extension Agreement for Professional Services Estimate 0fCost Lo Provide Engineering 88n/iCeS Vi8diOADrive Connection from Taylor Street[OCounty Road 69 Dear Mr. Loney: Introduction: According to our Agreement for Professional Services within the City of Shakopee and Section |-C-2 (Major Projects), this extension agreement is written to provide you with an gStiOl8[e Of cost for engineering services for the above-referenced project. VVeare proposing tocomplete the vvO[k as detailed in the attached 8COp8 of Design Services, Exhibit and Scope of Construction Admin iS[r8b0n/8urV8yServices, Exhibit B. WSB &Associates, Inc. (WSB) is very familiar with the proffiect with our work on the MnDOT Municipal Agreement Application we prepared for this roadway segment back in 2012. Background: One of the important factors for the construction of this final segment of Vierling Drive to the west {Sthis Vier|ing Drive connection will provide |Vua| reliever and parG||8| route[oTH 169 from CF< 08[0Eagle Creek Boulevard. Currently, ifanaccident were 10occur OnTH18S' which causes lane restriction or roadway c|OSuFe, there iSn'tG reasonable nearby alternative ioTN 169 through the City 0fShakopee. Completing the Vier|ingDrive connection also provides oroute for area residents to Ud|iz8 local streets providing greater accessibility t0their homes. Long term, the connection will provide for additional collector route access to the Shakopee Town Square shopping center. The Vierling Drive connection is from Taylor Street West to County Road 69. The approximate 1,000 foot connection will provide a local roadway paralleling TH 169 from County Road 69 to Eagle Creek Boulevard. The Vier|ingDrive connection iaunderstood k} befour lanes t0match the current roadway section. Turn lanes will also beprovided e[ CR6Sand 8tthe access into the Shakopee Town Square shopping center. Pedestrian /bicycle facilities will also beprovided to match the existing roadway section with sidewalk on the north side of the roadway and trail on the south side of the roadway. Building alegacy-your legacy. Equal Opportunity Employer|wnueno.vom Page 1asofoun Mc Bruce Loney, PE City ofShakopee June 2D. 2U17 Page 2of3 Scope mfServices: The attached scope Ofdesign services describes the approach and tasks proposed b} be completed byVV8B for street and utility design for this project. The vv0[k p|8D iDC|UdeS engineering design services for [O8dvv8y' Sto[rD 5evv8r' sanitary sewer and water main, Signing and striping, traffic control, trails, FB[OOv8|S' erosion CODtrO|' S[[Ret lighting and conduit crossing plans. The work scope also includes project COVndinaiiOn8ndLopographiosun/eying. We understand that no feasibility report will be required for this project and no fee estimate was provided for this work in our proposal. We are proposing to complete the final design portion of this work as described in the attached Scope Of Design Services, Exhibit A, on a cost- reimbursable basis in accordance with our current fee schedule. oSt-neirnbUrSGb|CbGSisinacoordancevvithnurcurnentfeeSChedu{e. |tisproposed that all work under the final design portion of the contract would be considered complete after the pneconSirU{ti0nconfmnmnoe. VVewill review our progress monthly and will not exceed these amounts without your prior approval. WSB is available to provide construction services if the City desires assistance. These would be part of separate contract with the City. VVGBtvpica||y provides construction Survey and would be available for inspection as well. Engineering Design Services Fees: ITEM COST FINAL DESIGN SERVICES $128,078 EXPENSES (PERMITS, SURVEY, LATH, ETC.) $1,750 TOTAL $129,828 Please see the attached Work Plan and Estimate 0fCost for 8detail breakdown ofthe eSUDl8t8d hours for this project. We are available to begin work as soon as authorized by the City, and we anticipate we will complete the project 8CcOndingtOth8fO||0vvingSchedu|8. asaunningthatvve [eCaivethen0UCeLo proceed onJuly 19. 2O17. r..r.~,D,.n~.~.~."~ww.ktingT`r�\V~~^""~-~"'""~~r~"'.LTI�_l�_^~~"~~°""^~"','~""='^~ Pugo187m320 K8c Bruce Loney, PE City mfShakopee June 3y. 2O17 Page 3of3 We propose tucomplete the project according to the following tentative schgdu|m: Council Approves Extension Agreement and Authorizes Design ...........................July 1O' 2017 Commence Final Design Work....................- .................................................. ...July 18. 2O1/ Submit Plans b} W1nDOT. City and SPUCfor review .........................................August 18, 2017 Ready toApprove Plans and Authorize Bids......................... ............ -...........August 15' 2O17 OpenBids......- ...................................................................................... ....... September, 2017 AwardContract................................ ................................................................... October, 2O17 Begin Construction................ ............. .............................................................. October 8. 2O17 Substantially Complete Construction................................................................ November, 2017 Final Wearing Course/Complete COOS[nucU0D-------------------. May, 2018 This letter represents our entire understanding ofthe project SoOp8. |fyou are inagreement, please sign on the space provided and return one original signed copy to us for our records. We will start immediately upon receipt of the signed agreement. |fyou have any questions concerning the work plan or fee as discussed herein, please feel free tocontact me at 763-287-7189. VVelook forward tOworking with you and greatly appreciate the opportunity tOassist you and your staff inthe completion Ofthis project. Sincerely, WSfg &Associates, Inc. Donald W. 8tem8' PE Vice President End0SUne -"dtrato K88yOr ".`"~., n~~°w".r.~~m.LTR b*-y.°~^°".~=°,`"."°29^~ Page 1anofoun Exhibit A Scope of Design Services Vierling Drive Connection from Taylor Street to County Road 69 City of Shakopee WORK PLAN 1. Project Management This task includes planning and coordination of all work tasks, establishment and monitoring of budgets, meetings and correspondence with the City of Shakopee, MnDOT, Scott County, SPUC and if necessary,the Watershed District on a periodic basis. The project manager will provide technical direction on all aspects of the project review, all work products and prepare monthly progress reports. The project manager will serve a primary role in the many design considerations. Donald Sterna, PE, is proposed to manage the project for WSB &Associates, Inc. (WSB). 2. MnDOT and County Agency Coordination WSB will prepare and submit the funding application to MnDOT for the Local Road Improvement Program. WSB will also coordinate with Scott County regarding the intersection design at CR 69 including permit coordination with the County. Coordination with both agencies will be required throughout the design process for agency approvals. 3. Geotechnical Evaluation WSB team proposes to drill 3 soil borings to a depth 5 foot depth below the lowest City utility elevation. The field investigation will include an estimated R-Value that will be used to establish the pavement design. Additional soil boring information required for infiltration testing required for design will be considered additional work which is not included in this proposal. A brief geotechnical report will be prepared summarizing the geotechnical findings. 4. Utility Coordination WSB will call in a Gopher State One design locate and from that, identify all utilities in the area. We will make contact with those utilities to obtain facility mapping along with establishing our contact to discuss future utility plans. Based on the preliminary layout, utility conflicts will be identified and design measures will be considered to accommodate these conflicts. The cost for these utility conflicts, if any, will be identified and included as part of the overall cost estimate. 5. Preliminary Layout and Cost Estimate WSB will collect topographic and utility information along the project corridor that will be utilized in the final design. WSB will collect record plans from the City of Shakopee, Scott County, SPDC and private utility companies as necessary, to prepare the construction documents. WSB will prepare the base mapping of the existing conditions that will be used for the design. A preliminary layout of the project and 30%cost estimate will be prepared along with a hydraulic evaluation to determine pond, rate control and infiltration requirements that the project. Also the proposed sanitary sewer and water main systems will be laid out and shown on the 30% layout. WSB will work with the City to finalize the preliminary layout before the final design will begin. Exhibit A Page 189 of 320 Exhibit A 6. Roundabout Justification Report(RJR) WSB will prepare a Roundabout Justification Report(RJR) for submission to the City and MnDOT State Aid for approval. The following subtasks will be completed in the preparation of the RJR: 6.1 —Data Collection: Available data will be collected from Scott County, the City of Shakopee, MnDOT and other impacted agencies. This data will include but is not limited to: • Historic traffic and pedestrian data • As built roadway plans • Intersection and corridor crash data This task will include collecting new traffic volume data at the intersection of Vierling Drive and the Shakopee Town Square access with a video camera and counting tubes. 48 hours of data will be collected at the intersection. The information that will be detennined from the data will include; AM, PM and midday peak hour traffic volumes, average daily traffic volumes, vehicle classification,pedestrian/bike volumes and speed data. In addition, WSB will review the camera data and note any safety and/or operational issues at the intersection. 6.2—Roundabout Justification Reports (RJR): WSB will prepare a Roundabout Justification Report (RJR) for a potential new roundabout at Vierling Drive and the Shakopee Town Square access driveway for submission to the County and MnDOT State Aid for approval. This will include: • Documentation of the existing traffic conditions • Project future traffic volumes for the adjacent sites • Documentation of crash data for the intersection • Conduct operational analyses of existing and projected traffic conditions using the Synchro/SimTraffic and Rodel computer software for the roundabout configuration • Justification analysis The RJR analysis together with the data collected in Task 6.1 will be assembled in the RJR format required for submission to MnDOT State Aid. 7. Roundabout Design WSB will complete the roundabout design based on the results of Task 6, regarding lane configuration and following the design guidelines as indicated in Chapter 12 of the MnDOT Road Design Manual and NCHRP 672. The roundabout will be designed to accommodate the design vehicle and all necessary performance checks, such as fast path and phi angle, will be completed during the preliminary design of the roundabout. It is assumed up to three iterations of the roundabout configuration will be developed. Once a final configuration is agreed upon, WSB will design the vertical component of the roundabout. This includes the profiles leading to the roundabout and the longitudinal slope around the roundabout. The roundabout will be modeled to tie into the existing topography, and construction limits will represent those tie in points. Exhibit A 2 Page 190 of 320 Exhibit A WSB will develop a lighting configuration near and within the roundabout to State Aid guidelines. A photometrics layout will be generated to ensure proper lighting of the intersection. 8. Final Design and Plan Preparation The construction plan phase involves the majority of our design effort. The plans will be developed meeting City and State Aid standards. WSB will prepare a set of detailed construction plans for the grading, sanitary sewer, water main, surface drainage, paving, signing/striping and erosion control in accordance with City standards. We will coordinate our work closely with the City of Shakopee, SPDC and Scott County during the design process to ensure that the City's expectations are satisfied. Design meetings will be held, as appropriate,to discuss design elements and comments during the design process. A final set of plans will be submitted to the MnDOT, City, SPUC and Scott County for their review and approval. The final construction plans will include the following: • Title Sheet and Index Map • General Layout • Estimated Quantities • Typical Sections • Miscellaneous Details • Construction Staging/Traffic Control Plan • Alignment Plans and Tabulation • Removals • Construction Plan and Profile • Roundabout Plans and Details • Drainage Plan, Details and Quantities • Water Main/Sanitary Sewer Plans • Turf Establishment/Erosion Control Plans • Roundabout Lighting • Signing and Striping Plans • Cross-Sections 9. Drainage Analysis From the previous plans,the roads within the site will be an urban design with storm sewer. With partial installation of the facilities already complete, an analysis of the roadway drainage area will be conducted to determine its existing condition and if additional special stormwater management or ponding needs are required. This analysis would verify the flow rates and determine what water quality and/or rate control will need to be designed for the roadway portions of the project. This analysis would include catch basin spacing, per City requirements, infiltration, pond designs, pipe and sizing of all storm sewers under the roadway. Exhibit A 3 Page 191 of 320 Exhibit A 10. Permits Permits will be acquired as part of the construction plan preparation. WSB will prepare and apply for the necessary construction permits. The cost of the permits would be paid by the City of Shakopee. The permits we anticipate that will be necessary for this project are: • MPCA—NPDES Construction Stormwater General Permit • MPCA— Sanitary Sewer Extension Permit • MDH—Water Main Extension Permit • Lower Minnesota Watershed District Permit Coordination 11. Project Bidding Upon approval of the bidding documents by the City, WSB will sell and distribute the necessary number of plan and specification sets to the contractors for bidding. The City will be responsible for the expenses of the plan and specification printing. The bid tabulation will be done by the City. Exhibit A 4 Page 192 of 320 A Estimate of Cost WISB VIERLING DRIVE Connection from Taylor Street to CR 69 IMPROVEMENTS SHAKOPEE,MINNESOTA SCOTT COUNTY 629/2017 Estimated Hours PRELIMINARY,DETAIL DESIGN and R/W Senior 1 Design Grad Eng Registered Survey I Project Project Engineer/ Engineering Engineering Land Crew Total Manager Engineer Senior Tech Tech Tech Surveyor 2-Person Clerical Hours Cost Task Niscr!l 1 PROJECT MANAGEMENT/MEETINGS _1 1)Administration 32 6 4 4 46 $7,11800 1 2)Quality Assurance/2uillityControl 8 12 ---- -- 2�2 $3,112.0 2 MnDOT and COUNTY COORDINATION---.— 2.1)MnDOT Coordination8 6 4 4 22 $2,92600 2,2)Scott County Coordination 4 6 7- 11 $162800 3 GEOTECHNICAL EVALUATION(WSB Knineering) 3.1 LSoil Borings(3 Total at 20 foot depth) (WSB Engineering) $2,25000 3 2)Laboratory Tes LqL __ _ (WSB Engineering_ $85000 3 3)Engineering Analyss and Reports (WSB Engineering) $1,75000 .............. 4 UTILITY ION 4.1)Utility Coordination(2 meetings) 1 6 $1'1L820 5---PRELIMINARY LAY-OUT 4 1)Prepare MnDOT Prelim Layout 2 2 16 20 40 $486200 4.2 Preliminary Cost Estimate 1 2 12 15 $2,0600 4ILR.ld Survey 1 6 18 $4211,00 4 4)Base Mappiniffm ration 2 6 8 $836,00 6 Roundabout Justification Riport(RJR) 61 1 Data Collection 1 4 20 25 $2,602-00 6,2)Roundabout Analysis and Justification 40 6---64— $6,664.0006 7 Roundabout Design 6 —$1-0-15400 T1)Roundabout Geometrics and 72 T2)Roundabout Lighting 1 16 1 8 �664 31 $4,21600 -9- FINAL DESF(:;NAfTDP LAN PREPARATION 8.1 1 Final Plans,Specifications,and Estimates A.Tte Sheet 2 1 3 37-1-0-0 B.General Layout 3 1 4 $504.0 C Statement of Estimated Quantities 2 4 4 10 $1,2920( D Soils and Construction Notes 7- 4 2-- -66 X742.0c E Earthwork Summary and Standard Plates 1 2 4 7 $8560( F Typical Sections 6 8---- -15 $1,808.00 G Quantity Tabulations 4 14 $1,542,0( H Utility Tabulations 1 2 4 2 9 $1,046.0C I.Miscellaneous Details 4 4 8 $952.0C J.Standard Plan Sheets 2 2 4 $476,0( K.Traffic Control Plans 1 4 6 11 $1332,0 L Alignment Plans and Tabulations 64 10 218 00 lin-Place�dpo Topography and Utilities 4 IF- —6 -16- $2,016.00 N.Removal Plans and Tabulations6 6 4 16 $1,BOB.DO O.Construction Plan Sheets 4 2 40 16 6 68 $8,544,00 P Roadway Profile Sheets --- 4__ 18 20 6 49 $5,82200 Q.Drainage Plans and Profiles 4 I, 24 6 34 $4,350 OD R In-Place Drainage Tabulation 4 4 8 $91205 S.Proposed Drainage Tabulation 6 4 10 $1,17800 T.Temporary Erosion/Sediment Control Plans 6 4 2 12 $1,408.00 U Turf Establishment andPermanentErosion Plans 6 12 $1,40800 V Lighting Design 6-.----4— 10 $1,2180 W.Signing and Striping Plan__ 0 6 10 $1,21800 X Detailed Cross-Sections 24 24 $319200 8 2 Plan Submittals 2 1 12 6 20 $2,50600 - 8.3 t Develop Cost Estimates 16 77 V,298,00 . ......... 8.4 Specificatons 2 24 4 30 $4,132,00 ------------- DRAINDRAINAGE DESIGN AGE Catch Basin 1 4 12 1 18 $2,42000 9.2 Storm Sewer Design 1 6---- 32 39 ........$5,30800 9.3)Water 1 2 12 15 $2,060.0O --94)Hydraulic Report Preparation 2 6 8 $1,092.0 10 PERMITS 10 1 PermB Application(NPDES) 10 $1,38600 10.2)Weiland Evaluation 6 $798.0 10.3 MCES Sanitary Sewer Permit 2 2 4 $560.0 10 4 MPCA and Dept of Health 2 2 4 $560.0 11-PROJECT BIDDING 6-- L 8 -4 10 28 $3,38800 Total Hours 82 168 401 1 146 1 112 717± 18 1 31 959 $128,078 Av®rage Hourly filiffing Rates17000 1 105,00 1 95,00 1 147,00 1 172,00 1 6600 1 IlDetailed Design Labor Costs 1 $1 3,940 1 $24,696 1 $53,333 1 s15,330 I $10,540 1 $141 1 $3,098 1 $2,040 1 $128,078�H Direct Expenses i IlMiscellaneous Expenses includes permit tees IMPCA S-Elecsill,D,me,11111Health,Scottcounty and NPDES $1,750 Subtotal Ex uses $1760 ISubtotal Labor and Expenses $129,828 Ke3 Personnel Atm s n elbC cry: in-y- Project Manager-Don Sterna Project Engineer-Marcus Vanderbrug Design Engineer/Senior Techs-Ted Witkowski,Chuck K.chm- Page 193 of 320 WSB INWIIINNMIIINNIMYIIIIMIN� 701 Xenia Avenue South i Suite 300 i Minneapolis, MN 55416 i(763)541-4800 October 11, 2017 Mr. Steve Lillehaug Public Works Director/City Engineer City of Shakopee 485 Gorman Street Shakopee, MN 55379 Re: Contract Amendment Request—Addition of Landscape Design Services for Vierling Drive Mr. Lillehaug: We understand the City desires to add landscape design services to our current contract for the Vierling Drive project. The project is located along the Vierling Drive West from Boulder Pointe to Old Brick Yard Road. This includes a new roundabout intersection, connections and stub between Shakopee Town Square Mall and a future development site to the south, and the perimeter of the pond area near the Taylor Street intersection. According to our Agreement for Professional Services within the City of Shakopee and Section I-C-2 (Major Projects), this extension agreement is written to provide you with an estimate of cost for engineering services for the above-referenced project. We are proposing to complete the survey services as detailed below. SCOPE OF SERVICES: Landscape Design Services: • 30% Plans/ Preliminary design • Design review meeting • 60% Plans • Development of three visualizations (one plan view of the project, one elevation view of the roundabout, and one elevation view of the entrance area) • Design review meeting • 95% Design - Final Preparation of landscape construction plans, quantities/cost estimate, and specifications • Design review meeting • 100% final design bid documents Bidding Services: • Answer and respond to questions during the bid period • Addenda will be issued if required • We understand that the work will be bid as part of the overall roadway improvement project, which will not require a separate bidding process for the landscape improvements Construction administration: • Attend pre-construction meeting • Attend four site visits with the owner and contractor throughout the landscaping implementation • Attend one substantial completion walkthrough meeting with owner and contractor • One final review to verify contractor completion of punchlist items Building a legacy—your legacy. Equal Opportunity Employer i wsbeng.com GA00-MUNICIPAL\Clients-Cities-Counties\Shakopee\Proposals\Vierling Road Landscaping\LTR S_Lillehaug- Page 194 of 320 Vierling Road Landscape Design Contract Amendment.docx Mr. Steve Lillehaug October 5, 2017 Page 2 PROJECT MANAGEMENT: Carlo Missio will manage this project with other WSB staff as support. The City reserves the right to review/reject alternate project manager if workload requires an alternate staff member to take over project management duties. PROPOSED FEE: WSB will provide the services as outlined in the Scope of Services above for an hourly not to exceed fee of$18,696.00. The proposed scope and fee presented herein represents our complete understanding of the project based on available information. If you have any questions or need additional information, please contact me at(763)231-4841. Thank you again. Sincerely, WSB &Associates, Inc. Jason L. Amberg, PLA--"' Principal / Landscape Architecture Group Manager City of Shakopee City Administrator City Clerk Mayor Date G:\00-MUNICIPAL\CIlents-Cities-Counties\Shakopee\ProposaIAVierling Road Landscaping\LTR SU Ilehaug-Vier)Ing Road Page 195 of 320 Landscape Design Contract Amend ment.docx r/r SB INWIMINNMININNNIMYIYIIN� 701 Xenia Avenue South i Suite 300 i Minneapolis, MN 55416 i(763)541-4800 October 11, 2017 Mr. Steve Lillehaug, P.E. Public Works Director/City Engineer City of Shakopee 485 Gorman Street Shakopee, MN 55379-1376 RE: Proposal for Surveying Services, Preliminary and Final Plat Vierling Drive Improvements City Project No. 2017-10 Dear Mr. Lillehaug, On behalf of WSB &Associates, Inc., I'm very pleased to respond to your request for proposal for surveying services. It is our understanding that you are looking for a preliminary and final plat of the area of City owned property at the intersection of Highway 169 and CSAH 69. According to our Agreement for Professional Services within the City of Shakopee and Section I-C-2 (Major Projects), this extension agreement is written to provide you with an estimate of cost for engineering services for the above-referenced project. We are proposing to complete the survey services as detailed below. TASK 1—Preliminary Plat • Convert the existing ALTA into a Preliminary Plat • Incorporate proposed design into Preliminary Plat • City review, finalize parcels and right-of-way line • Review title commitment • Create drawing and finalize legal descriptions • Make final revisions per City comments TASK 2—Final Plat • Clean up the Preliminary Plat to make Final Plat • Create drawing suitable for City and County review • Submit Plat and Title Commitment to County for review • Make any necessary County revisions • Make Mylars of Final Plat WSB will prepare this survey on an hourly basis in accordance with our fee schedule for a not-to-exceed fee of: Task 1 $4,325.00 Task 2 $4,185.00 Additional Outlot Commitment $600.00 Plat Checking Fees $350.00 Mylar Fee $400.00 TOTAL COST $9,860.00 Building a legacy—your legacy. Equal Opportunity Employer i wsbeng.com Page 196 of 320 K:\010413-000\Admin\Docs\10413_slillehaug—surveyservices_20171011.do We are looking forward to working with you on this project. If you have any questions regarding this proposal please contact me at 763-287-7159. Sincerely, WSB &Associates, Inc. g Pete Helder Donald W. Sterna, P.E. Survey Group Coordinator Vice President City of Shakopee City Administrator City Clerk Mayor Date Page 197 of 320 K:\010413-000\Admin\Docs\10413_slillehaug—surveyservices_20171011.d— *5.C.5. Pb9akA SHAKOPE: Shakopee City Council October 17, 2017 FROM: Steve Lillehaug, Public Works Director/City Engineer TO: Mayor & Council Members Subject: Cooperative Construction Agreement No. 1028887 and a Limited Use Permit with the Minnesota Department of Transportation (MnDOT) for CH 15 Improvements at TH 169. Policy/Action Requested: Approve Resolution 7946, authorizing the execution of Cooperative Construction Agreement No. 1028887 and a Limited Use Permit with MnDOT for CH 15 Improvements at TH 169 as part of the Windermere Development. Recommendation: Approve Resolution 7946. Discussion: The City of Shakopee has ordered the preparation of plans and specifications for roadway corridor improvements along CH 15 (Adams Street South/Marystown Road) at Highway 169 as part of the Windermere Development. Certain improvements including turn lane and intersection improvements, utility improvements, and a portion of the new trail fall within MnDOT right-of-way. These new improvements are to be constructed and funded under the terms of the Windermere development agreement, which does not include funding from MnDOT. However, since a portion of the improvements fall within MnDOT right-of-way, the State requires a Construction Cooperative Agreement and a Limited Use Permit be executed to define the terms of the construction, maintenance, operation, use and other terms of the improvements. Budget Impact: No budget impacts. ATTACHMENTS: D Resolution 7946 D Agreement 1028887 Page 198 of 320 Limited Use Permit Page 199 of 320 RESOLUTION 7946 Entering into a Cooperative Construction Agreement No. 1028887 and a Limited Use Permit Between the City of Shakopee and the State of Minnesota Department of Transportation WHEREAS, the City of Shakopee is a political subdivision, organized and existing under the laws of the State of Minnesota; and WHEREAS, the City of Shakopee has approved a plan to construct roadway turn lane and utility improvements within the right-of-way of Trunk Highway 169 along County Highway 15 (Adams Street South/Marystown Road) as part of the Windermere development project; and WHEREAS,the City of Shakopee has approved a plan to construct a pedestrian trail within the right-of-way of Trunk Highway 169 to improve safety and usability by pedestrians; and WHEREAS, the City requests the State allow the construction of said improvements within State right-of-way; and WHEREAS, the State requires a Limited Use Permit for the construction and utilization of said pedestrian trail; and WHEREAS, the State requires the terms of said improvements be defined in a Cooperative Construction Agreement. NOW, THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE,MINNESOTA,that the Mayor and City Administrator are hereby authorized to: 1. Execute and enter into Cooperative Construction Agreement No. 1028887 and any amendments to the Agreement with the State of Minnesota, Department of Transportation. 2. Execute and enter into a Limited Use Permit and any amendments to the Permit with the State of Minnesota, Department of Transportation to construct, operate and maintain a pedestrian trail within the right- of way of Trunk Highway 169 (TH 169=005) of the State of Minnesota along CSAH 15. Adopted in regular session of the City Council of the City of Shakopee, Minnesota, held this 17th day of October, 2017. Mayor of the City of Shakopee ATTEST: City Clerk Page 200 of 320 MnDOT Contract No: 1028887 STATE OF MINNESOTA DEPARTMENT OF TRANSPORTATION And CITY OF SHAKOPEE COOPERATIVE CONSTRUCTION AGREEMENT State Project Number(S.P.): 7005-125 Trunk Highway Number(T.H.): 169=005 State Aid Number(S.A.P.): 166-100-002 This Agreement is between the State of Minnesota, acting through its Commissioner of Transportation("State") and City of Shakopee acting through its City Council("City"). Recitals 1. The City will perform grading,bituminous paving,utility, signing,ADA improvement construction, and other associated construction upon, along and adjacent to Trunk Highway No. 169 at County State Aid Highway No. (C.S.A.H.) 15 according to City-prepared plans, specifications and special provisions designated by the City as State Aid Project No. 166-100-002 and by the State as State Project No. 7005-125 (T.H. 169=005) ("Project"); and 2. The City requests the State allow the construction of drainage structures and erosion control and the State is willing to allow said construction; and 3. The City agrees to provide for maintenance of the drainage structures and erosion control; and 4. Minnesota Statutes § 161.20, subdivision 2 authorizes the Commissioner of Transportation to make arrangements with and cooperate with any governmental authority for the purposes of constructing, maintaining and improving the trunk highway system. Agreement 1. Term of Agreement; Survival of Terms; Plans; Incorporation of Exhibits 1.1. Effective Date. This Agreement will be effective on the date the State obtains all signatures required by Minnesota Statutes § 16C.05, subdivision 2. 1.2. Expiration Date.This Agreement will expire when all obligations have been satisfactorily fulfilled. 1.3. Survival of Terms. All clauses which impose obligations continuing in their nature and which must survive in order to give effect to their meaning will survive the expiration or termination of this Agreement, including,without limitation, the following clauses: 2.4. State Ownership of Improvements; 5. Maintenance by the City; 8. Liability; Worker Compensation Claims; Insurance; 10. State Audits; 11. Government Data Practices; 12. Governing Law; Jurisdiction;Venue; and 14.Force Majeure. 1.4. Plans,Specifications,Special Provisions. State-approved City plans, specifications and special provisions designated by the City as State Aid Project No. 166-100-002 and by the State as State Project No. 7005-125 (T.H. 169=005) are on file in the office of the City's Engineer and incorporated into this Agreement by reference("Project Plans"). 2. Right-of-Way Use 2.1. Limited Right to Occupy. The State grants to the City(and its contractors and consultants) the right to occupy Trunk Highway Right-of-Way as necessary to perform the work described in the Project Plans. This right is limited to the purpose of constructing the project, and administering such construction, and may be revoked by the State at any time,with or without cause. Cause for revoking this right of occupancy includes, -1- Construction within State R/W&Maintenance(Municipal Agreements 3-2016) Page 201 of 320 MnDOT Contract No: 1028887 but is not limited to,breaching the terms of this or any other agreement(relevant to this project)with the State, failing to provide adequate traffic control or other safety measures, failing to perform the construction properly and in a timely manner, and failing to observe applicable environmental laws or terms of applicable permits. The State will have no liability to the City(or its contractors or consultants)for revoking this right of occupancy. 2.2. State Access;Suspension of Work;Remedial Measures. The State's District Engineer or assigned representative retains the right to enter and inspect the Trunk Highway Right-of-Way(including the construction being performed on such right-of-way) at any time and without notice to the City or its contractor. If the State determines (in its sole discretion) that the construction is not being performed in a proper or timely manner, or that environmental laws(or the terms of permits) are not being complied with, or that traffic control or other necessary safety measures are not being properly implemented,then the State may direct the City(and its contractor)to take such remedial measures as the State deems necessary. The State may require the City(and its contractors and consultants)to suspend their operations until suitable remedial action plans are approved and implemented. The State will have no liability to the City(or its contractors or consultants)for exercising its rights under this provision. 2.3. Traffic Control; Worker Safety. While the City(and its contractors and consultants) are occupying the State Right-of-Way,they must comply with the approved traffic control plan, and with applicable provisions of the Work Zone Field Handbook(htW://www.dot.state.mn.us/trafficeng/workzone/index.html). All City, contractor, and consultant personnel occupying the State's Right-of-Way must be provided with required reflective clothing and hats. 2.4. State Ownership of Improvements. The State will retain ownership of its Trunk Highway Right-of-Way, including any improvements made to such right-of-way under this Agreement,unless otherwise noted.The warranties and guarantees made by the City's contractor with respect to such improvements (if any)will flow to the State. The City will assist the State, as necessary,to enforce such warranties and guarantees, and to obtain recovery from the City's consultants, and contractor(including its sureties)for non-performance of contract work,for design errors and omissions, and for defects in materials and workmanship. Upon request of the State,the City will undertake such actions as are reasonably necessary to transfer or assign contract rights to the State and to permit subrogation by the State with respect to claims against the City's consultants and contractors. 3. Contract Award and Construction 3.1. Contract Terms. The City's contract with its construction contractor(s)must include the following terms: A. A clause making the State of Minnesota, acting through its Commissioner of Transportation, an intended third-party beneficiary of the contract with respect to the portion of work performed on the State's Right-Of-Way; and B. A clause requiring the State to be named as an additional insured on any insurance coverage which the contractor is required to provide; and C. A clause stating that any warranties provided by the contractor, for the work performed on the trunk highway, will flow to, and be enforceable by,the State as the owner of such improvements. 3.2. Direction,Supervision and Inspection of Construction. A. The contract construction will be under the direction of the City and under the supervision of a registered professional engineer; however, the State participation construction covered under this Agreement will be open to inspection by the State District Engineer's authorized representatives. The City will give the State Aid Agreements Engineer at Roseville five days notice of its intention to start the contract construction. -2- Construction within State R/W&Maintenance(Municipal Agreements 3-2016) Page 202 of 320 MnDOT Contract No: 1028887 B. Responsibility for the control of materials for the contract construction will be on the City and its contractor and will be carried out according to Specifications No. 1601 through and including No. 1609 in the State's current"Standard Specifications for Construction". 3.3. Completion of Construction. The City will cause the contract construction to be started and completed according to the time schedule in the construction contract special provisions. The completion date for the contract construction may be extended,by an exchange of letters between the appropriate City official and the State District Engineer's authorized representative, for unavoidable delays encountered in the performance of the contract construction. 3.4. Compliance with Laws, Ordinances, Regulations. The City will comply and cause its contractor to comply with all Federal, State and Local laws, and all applicable ordinances and regulations. With respect only to that portion of work performed on the State's Trunk Highway Right-of-Way,the City will not require the contractor to follow local ordinances or to obtain local permits. 4. Right-of-Way; Easements; Permits 4.1. The City will,without cost or expense to the State, obtain all rights-of-way, easements, construction permits and any other permits and sanctions that may be required in connection with the local and trunk highway portions of the contract construction. Before payment by the State,the City will furnish the State with certified copies of the documents for rights-of-way and easements, construction permits and other permits and sanctions required for State participation construction covered under this Agreement. 4.2. The City will convey to the State by quit claim deed, all newly acquired rights needed for the continuing operation and maintenance of the Trunk Highway,if any,upon completion of the Project, at no cost or expense to the State. 4.3. The City will comply with Minnesota Statutes § 216D.04, subdivision 1(a),for identification,notification, design meetings and depiction of utilities affected by the contract construction. 4.4. The City will submit to the State's Utility Engineer an original permit application for all utilities owned by the City of Shakopee to be constructed upon and within the Trunk Highway Right-of-Way. Applications for permits will be made on State form "Application for Utility Permit on Trunk Highway Right-Of-Way" (Form 2525). 4.5. Drainage Permit No. 76629. The City has obtained Drainage Permit No. 76629 to cover the City's liability responsibilities of the drainage pipe, drainage pipe outlet, and erosion control to be constructed upon the State Right-of-Way. 5. Maintenance by the City Upon completion of the project, the City will provide the following without cost or expense to the State: 5.1. Roadways. Maintenance of County State Aid Highway No. 15 (Marystown Road) and Windermere Way. Maintenance includes,but is not limited to, snow,ice and debris removal,resurfacing and seal coating and any other maintenance activities according to accepted City maintenance practices. 5.2. Storm Sewers. The City is responsible for all maintenance of the drainage pipe, drainage pipe outlet, and erosion control installed under Drainage Permit No. 76629. 5.3. Municipal Utilities. Maintenance of any municipal-owned utilities construction,without cost or expense to the State. 5.4. Trail. Maintenance of any trail construction. Maintenance includes,but is not limited to, snow and ice control/removal, sweeping and debris removal,patching, crack repair,pavement replacement,vegetation control, signing,pavement markings, and any other maintenance activities necessary to perpetuate the bikeways and shared use paths in a safe and usable condition. -3- Construction within State R/W&Maintenance(Municipal Agreements 3-2016) Page 203 of 320 MnDOT Contract No: 1028887 5.5. Additional Drainage. Neither party to this Agreement will drain any additional drainage volume into the storm sewer facilities constructed under the construction contract that was not included in the drainage for which the storm sewer facilities were designed,without first obtaining written permission to do so from the other party. The drainage areas served by the storm sewer facilities constructed under the construction contract are shown in a drainage area map, Exhibit"Drainage Area",which is on file in the office of the State's District Hydraulics Unit at Roseville and is incorporated into this Agreement by reference. 6. Authorized Representatives Each party's Authorized Representative is responsible for administering this Agreement and is authorized to give and receive any notice or demand required or permitted by this Agreement. 6.1. The State's Authorized Representative for Agreement purposes will be: Name/Title: Maryanne Kelly-Sonnek, Cooperative Agreements Engineer(or successor) Address: 395 John Ireland Boulevard, St.Paul,MN 55155 Telephone: (651) 366-4634 E-Mail: maryanne.kellysonnek@state.n-n.us 6.2. The State's Authorized Representative for Maintenance purposes will be: Name/Title: Chris Kufner, Metro Maintenance Engineer(or successor) Address: 1500 West County Road B2,Roseville,MN 55113 Telephone: (651)234-7901 E-Mail: chris.lcufner@state.mn.us 6.3. The City's Authorized Representative will be: Name/Title: Steve Lillehaug, City Engineer(or successor) Address: 485 Gorman Street, Shakopee,MN 55379 Telephone: (952)233-9361 E-Mail: slillehaug@shakopeemn.gov 7. Assignment; Amendments; Waiver; Contract Complete 7.1. Assignment. Neither party may assign or transfer any rights or obligations under this Agreement without the prior consent of the other party and a written assignment agreement, executed and approved by the same parties who executed and approved this Agreement, or their successors in office. 7.2. Amendments. Any amendment to this Agreement must be in writing and will not be effective until it has been executed and approved by the same parties who executed and approved the original Agreement, or their successors in office. 7.3. Waiver. If a party fails to enforce any provision of this Agreement, that failure does not waive the provision or the parry's right to subsequently enforce it. 7.4. Contract Complete. This Agreement contains all prior negotiations and agreements between the State and the City. No other understanding regarding this Agreement,whether written or oral,may be used to bind either party. 8. Liability; Worker Compensation Claims; Insurance 8.1. Each party is responsible for its own acts, omissions and the results thereof to the extent authorized by law and will not be responsible for the acts and omissions of others and the results thereof. Minnesota Statutes § 3.736 and other applicable law govern liability of the State. Minnesota Statutes Chapter 466 and other applicable law govern liability of the City.Notwithstanding the foregoing,the City will indemnify, hold harmless, and defend(to the extent permitted by the Minnesota Attorney General)the State against any -4- Construction within State R/W&Maintenance(Municipal Agreements 3-2016) Page 204 of 320 MnDOT Contract No: 1028887 claims, causes of actions, damages, costs (including reasonable attorneys fees), and expenses arising in connection with the project covered by this Agreement,regardless of whether such claims are asserted by the City's contractor(s) or consultant(s) or by a third parry because of an act or omission by the City or its contractor(s) or consultant(s). 8.2. Each party is responsible for its own employees for any claims arising under the Workers Compensation Act. 8.3. The City may require its contractor to carry insurance to cover claims for damages asserted against the City's contractor. 9. Nondiscrimination Provisions of Minnesota Statutes § 181.59 and of any applicable law relating to civil rights and discrimination are considered part of this Agreement. 10. State Audits Under Minnesota Statutes § 16C.05, subdivision 5,the City's books,records, documents, and accounting procedures and practices relevant to this Agreement are subject to examination by the State and the State Auditor or Legislative Auditor, as appropriate, for a minimum of six years from the end of this Agreement. 11. Government Data Practices The City and State must comply with the Minnesota Government Data Practices Act, Minnesota Statutes Chapter 13, as it applies to all data provided under this Agreement, and as it applies to all data created, collected,received, stored,used, maintained, or disseminated by the City under this Agreement. The civil remedies of Minnesota Statutes §13.08 apply to the release of the data referred to in this clause by either the City or the State. 12. Governing Law; Jurisdiction; Venue Minnesota law governs the validity, interpretation and enforcement of this Agreement. Venue for all legal proceedings arising out of this Agreement, or its breach, must be in the appropriate state or federal court with competent jurisdiction in Ramsey County,Minnesota. 13. Termination; Suspension 13.1. By Mutual Agreement. This Agreement may be terminated by mutual agreement of the parties or by the State for insufficient funding as described below. 13.2. Termination for Insufficient Funding. The State may immediately terminate this Agreement if it does not obtain funding from the Minnesota Legislature, or other funding source; or if funding cannot be continued at a level sufficient to allow for the payment or the provision of the services covered here. Termination must be by written or fax notice to the City. The State will not be assessed any penalty if this Agreement is terminated because of the decision of the Minnesota Legislature, or other funding source, not to appropriate funds. 13.3.Suspension. In the event of a total or partial government shutdown,the State may suspend this Agreement and all work, activities,performance and payments authorized through this Agreement. 14. Force Majeure Neither party will be responsible to the other for a failure to perform under this Agreement(or a delay in performance), if such failure or delay is due to a force majeure event.A force majeure event is an event beyond a party's reasonable control, including but not limited to,unusually severe weather,fire, floods, other acts of God, labor disputes, acts of war or terrorism, or public health emergencies. [The remainder of this page has been intentionally left blank] -5- Construction within State R/W&Maintenance(Municipal Agreements 3-2016) Page 205 of 320 MnDOT Contract No: 1028887 CITY OF SHAKOPEE DEPARTMENT OF TRANSPORTATION The undersigned certify that they have lawfully Recommended for Approval: executed this contract on behalf of the Governmental Unit as required by applicable charter provisions, resolutions or ordinances. By: (District Engineer) By: Date: Title: Approved: Date: By: (State Design Engineer) By. Date: Title: Date: COMMISSIONER OF ADMINISTRATION By: (With Delegated Authority) Date: INCLUDE COPY OF RESOLUTION APPROVING THE AGREEMENT AND AUTHORIZING ITS EXECUTION. MK-S -6- Construction within State R/W&Maintenance(Municipal Agreements 3-2016) Page 206 of 320 STATE OF MINNESOTA DEPARTMENT OF TRANSPORTATION LIMITED USE PERMIT C.S. 7005 (T.H. 169) City of Shakopee LUP # 7005-0019 Permittee: City of Shakopee Terminates: 9/01/2027 In accordance with Minnesota Statutes Section 161.434, the State of Minnesota, through its Commissioner of Transportation, ("MnDOT"), hereby grants a Limited Use Permit (the "LUP") to City of Shakopee, ("Permittee"), to use the area within the right of way of Trunk Highway No. 169 as shown in pink and red on Exhibit "A", (the "Area") attached hereto and incorporated herein by reference. This Limited Use Permit is executed by the Permittee pursuant to resolution, a certified copy of which is attached hereto as Exhibit B. Non-Motorized Recreational Trail The Permittee's use of the Area is limited to only the constructing, maintaining and operating a nonmotorized recreational trail ("Facility") and the use thereof may be further limited by 23 C.F.R. 652 also published as the Federal-Aid Policy Guide. In addition, the following special provisions shall apply: SPECIAL PROVISIONS 1. TERM. This LUP terminates at 11:59PM on 9/01/2027 ("Expiration Date") subject to the right of cancellation by MnDOT, with or without cause, by giving the Permittee ninety (90) days written notice of such cancellation. This LUP will not be renewed except as provided below. Provided this LUP has not expired or terminated, MnDOT may renew this LUP for a period of up to ten (10) years, provided Permittee delivers to MnDOT, not later than ninety (90) days prior to the Expiration Date, a written request to extend the term. Any extension of the LUP term will be under the same terms and conditions in this LUP, provided: (a) At the time of renewal, MnDOT will review the Facility and Area to ensure the Facility and Area are compatible with the safe and efficient operation of the highway and the Facility and Area are in good condition and repair. If, in MnDOT's sole determination, modifications and repairs to the Facility and Area are needed, Permittee will perform such work as outlined in writing in an amendment of this LUP; and LUP—Standardized LUP Form Page 1 of 6 LU1001 10/11/2017 Page 207 of 320 (b) Permittee will provide to MnDOT a certified copy of the resolution from the applicable governmental body authorizing the Permittee's use of the Facility and Area for the additional term. If Permittee's written request to extend the term is not timely given, the LUP will expire on the Expiration Date. Permittee hereby voluntarily releases and waives any and all claims and causes of action for damages, costs, expenses, losses, fees and compensation arising from or related to any cancellation or termination of this LUP by MnDOT. Permittee agrees that it will not make or assert any claims for damages, costs, expenses, losses, fees and compensation based upon the existence, cancellation or termination of the LUP. Permittee agrees not to sue or institute any legal action against MnDOT based upon any of the claims released in this paragraph. 2. REMOVAL. Upon the Expiration Date or earlier termination, at the Permittee's sole cost and expense Permittee will: (a) Remove the Facility and restore the Area to a condition satisfactory to the MnDOT District Engineer; and (b) Surrender possession of the Area to MnDOT. If, without MnDOT's written consent, Permittee continues to occupy the Area after the Expiration Date or earlier termination, Permittee will remain subject to all conditions, provisions, and obligations of this LUP, and further, Permittee will pay all costs and expenses, including attorney's fees, in any action brought by MnDOT to remove the Facility and the Permittee from the Area. 3. CONSTRUCTION. The construction, maintenance, and supervision of the Facility shall be at no cost or expense to MnDOT. Before construction of any kind, the plans for such construction shall be approved in writing by the MnDOT's District Engineer. Approval in writing from MnDOT District Engineer shall be required for any changes from the approved plan. The Permittee will construct the Facility at the location shown in the attached Exhibit "A", and in accordance with MnDOT-approved plans and specifications. Further, Permittee will construct the Facility using construction procedures compatible with the safe and efficient operation of the highway. Upon completion of the construction of the Facility, the Permittee shall restore all disturbed slopes and ditches in such manner that drainage, erosion control and aesthetics are perpetuated. LUP—Standardized LUP Form Page 2 of 6 LU1001 10/11/2017 Page 208 of 320 The Permittee shall preserve and protect all utilities located on the lands covered by this LUP at no expense to MnDOT and it shall be the responsibility of the Permittee to call the Gopher State One Call System at 1-800-252-1166 at least 48 hours prior to performing any excavation. Any crossings of the Facility over the trunk highway shall be perpendicular to the centerline of the highway and shall provide and ensure reasonable and adequate stopping sight distance. 4. MAINTENANCE. Any and all maintenance of the Facility shall be provided by the Permittee at its sole cost and expense, including, but not limited to, plowing and removal of snow and installation and removal of regulatory signs. No signs shall be placed on any MnDOT or other governmental agency sign post within the Area. MnDOT will not mark obstacles for users on trunk highway right of way. 5. USE. Other than as identified and approved by MnDOT, no permanent structures or no advertising devices in any manner, form or size shall be allowed on the Area. No commercial activities shall be allowed to operate upon the Area. Any use permitted by this LUP shall remain subordinate to the right of MnDOT to use the property for highway and transportation purposes. This LUP does not grant any interest whatsoever in land, nor does it establish a permanent park, recreation area or wildlife or waterfowl refuge Facility that would become subject to Section 4 (f) of the Federal-Aid Highway Act of 1968, nor does this permit establish a Bikeway or Pedestrian way which would require replacement pursuant to Minnesota Statutes Section 160.264. No rights to relocation benefits are established by this LUP. This LUP is non-exclusive and is granted subject to the rights of others, including, but not limited to public utilities which may occupy the Area. 6. APPLICABLE LAWS. This LUP does not release the Permittee from any liability or obligation imposed by federal law, Minnesota Statutes, local ordinances, or other agency regulations relating thereto and any necessary permits relating thereto shall be applied for and obtained by the Permittee. Permittee at its sole cost and expense, agrees to comply with, and provide and maintain the Area, Facilities in compliance with all applicable laws, rules, ordinances and regulations issued by any federal, state or local political subdivision having jurisdiction and authority in connection with said Area including the Americans with Disabilities Act ("ADA"). If the Area and Facilities are not in compliance with the ADA or other applicable laws MnDOT may enter the Area and perform such obligation without liability to Permittee for any loss or damage to Permittee thereby incurred, and Permittee shall reimburse MnDOT for the cost thereof, plus 10% of such cost for overhead and supervision within 30 days of receipt of MnDOT's invoice. 7. CIVIL RIGHTS — The Permittee for itself, successors in interest, and assigns, as a part of the consideration hereof, does hereby covenant and agree that in the event improvements are LUP—Standardized LUP Form Page 3 of 6 LU1001 10/11/2017 Page 209 of 320 constructed, maintained, or otherwise operated on the Property described in this Limited Use Permit for a purpose for which a MnDOT activity, facility, or program is extended or for another purpose involving the provision of similar services or benefits, the Permittee will maintain and operate such improvements and services in compliance with all requirements imposed by the Acts and Regulations relative to nondiscrimination in federally-assisted programs of the United States Department of Transportation, Federal Highway Administration, (as may be amended) such that no person on the grounds of race, color, national origin, sex, age, disability, income- level, or limited English proficiency will be excluded from participation in, denied the benefits of, or be otherwise subjected to discrimination in the use of said improvements. 8. SAFETY. MnDOT shall retain the right to limit and/or restrict any activity, including the parking of vehicles and assemblage of Facility users, on the highway right of way over which this LUP is granted, so as to maintain the safety of both the motoring public and Facility users. 9. ASSIGNMENT. No assignment of this LUP is allowed. 10. IN WRITING. Except for those which are set forth in this LUP, no representations, warranties, or agreements have been made by MnDOT or Permittee to one another with respect to this LUP. 11. ENVIRONMENTAL. The Permittee shall not dispose of any materials regulated by any governmental or regulatory agency onto the ground, or into any body of water, or into any container on the State's right of way. In the event of spillage of regulated materials, the Permittee shall notify in writing MnDOT's District Engineer and shall provide for cleanup of the spilled material and of materials contaminated by the spillage in accordance with all applicable federal, state and local laws and regulations, at the sole expense of the Permittee. 12. MECHANIC'S LIENS. The Permittee (for itself, its contractors, subcontractors, its materialmen, and all other persons acting for, through or under it or any of them), covenants that no laborers', mechanics', or materialmens' liens or other liens or claims of any kind whatsoever shall be filed or maintained by it or by any subcontractor, materialmen or other person or persons acting for, through or under it or any of them against the work and/or against said lands, for or on account of any work done or materials furnished by it or any of them under any agreement or any amendment or supplement thereto. 13. NOTICES. All notices which may be given, by either party to the other, will be deemed to have been fully given when served personally on MnDOT or Permittee or when made in writing addressed as follows: to Permittee at: and to MnDOT at: Public Works Department - Engineering State of Minnesota City of Shakopee Department of Transportation 485 Gorman Street Metro District Right of Way Shakopee, MN 55379 1500 W. County Road B2 Roseville, MN 55113 LUP—Standardized LUP Form Page 4 of 6 LU1001 10/11/2017 Page 210 of 320 The address to which notices are mailed may be changed by written notice given by either party to the other. 14. INDEMNITY. Permittee shall defend, indemnify, hold harmless and release the State of Minnesota, its Commissioner of Transportation and employees and its successors and assigns, from and against: (a) all claims, demands, and causes of action for injury to or death of persons or loss of or damage to property (including Permittee's property) occurring on the Facility or connected with Permittee's use and occupancy of the Area, regardless of whether such injury, death, loss or damage is caused in part by the negligence of State of Minnesota or is deemed to be the responsibility of State of Minnesota because of its failure to supervise, inspect or control the operations of Permittee or otherwise discover or prevent actions or operations of Permittee giving rise to liability to any person. (b) claims arising or resulting from the temporary or permanent termination of Facility user rights on any portion of highway right of way over which this LUP is granted; (c) claims resulting from temporary or permanent changes in drainage patterns resulting in flood damages; (d) any laborers', mechanics', or materialmens' liens or other liens or claims of any kind whatsoever filed or maintained for or on account of any work done or materials furnished; and (e) any damages, testing costs and clean-up costs arising from spillage of regulated materials attributable to the construction, maintenance or operation of the Facility. LUP—Standardized LUP Form Page 5 of 6 LU1001 10/11/2017 Page 211 of 320 MINNESOTA DEPARTMENT OF CITY OF SHAKOPEE TRANSPORTATION By RECOMMENDED FOR APPROVAL Its Mayor And By: Its City Administrator District Engineer Date APPROVED BY: COMMISSIONER OF TRANSPORTATION By: Acting Director, Office of Land Management Date The Commissioner of Transportation by the execution of this permit certifies that this permit is necessary in the public interest and that the use intended is for public purposes. LUP—Standardized LUP Form Page 6 of 6 LU1001 10/11/2017 Page 212 of 320 Eu IL Cn(n - Z CL C7 C7 ............. W Wz pp pp m - W996 X13 L, zs cc+ xa>� 1 1. r" un :, xv. m k Via , w u h" fl SI m a ` .1 .oa K+ of d c 3 ` ►"" �. LU to uiri, ' z 1-a (A �. C.1'tl7r' 99' 4 � All, l a cs+ x ae p m� ,.oct wa oxir V 8S o5+ a 4" LA a v mi ,,.. • 04 �T.rJ�S:94 Uit tol w z l ( .o Ls1A' r fn 6 to co 01, �. 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Pb9akA SHAKOPE: Shakopee City Council October 17, 2017 FROM: Steve Lillehaug, Public Works Director/City Engineer TO: Mayor and Council Members Subject: Adopt Resolutions 7937 and 7938, supporting grant applications to the Minnesota Department of Transportation's Local Road Improvement Program (LRIP). Policy/Action Requested: Adopt Resolutions 7937 and 7938, supporting the City of Shakopee's applications to the Minnesota Department of Transportation's Local Road Improvement Program. Recommendation: Approve Resolutions 7937 and 7938. Discussion: Adams Street and Marystown Road (CSAH 15) serve as the primary connection between rural Scott County and the more urbanized City of Shakopee. The roadway has an interchange with TH 169. The city would like to upgrade the existing ramp terminals on Marystown road to roundabout intersections (see attached exhibit). The intersections are currently side street (ramp terminal) stop controlled. Historically, this has resulted in a few severe crashes, including a fatality. Vierling Drive is a city street that parallels TH 169 and serves a significant amount of local development and regional destinations. The city is upgrading Vierling Drive between CSAH 69 and Taylor Street to make it more consistent with the rest of the corridor and to bring the roadway up to current roadway and utility standards (see attached exhibit). The project will include upgrading the roadway to a 9-ton standard and construction of a roundabout to serve redevelopment that is occurring in the project area. This project is scheduled to begin spring 2018. To aid in the financing of these projects, the City of Shakopee is applying for the 2017 LRIP grant offered by the Minnesota Department of Transportation. Page 215 of 320 Budget Impact: The CSAH 15 Interchange project is being funded through the 2020 Capital Improvement Fund. The Vierling Drive project is being funded by the 2018 Capital Improvement Fund. The current estimate for this project is $1,500,000. The city is applying for LRIP funds from the Minnesota Department of Transportation to cover some of the costs associated with these two projects. ATTACHMENTS: D Resolution 7937 and 7938 D CH 15 Exhibit D Vierling Drive exhibit Page 216 of 320 RESOLUTION NO. 7937 A RESOLUTION IN SUPPORT OF AN APPLICATION FOR THE 2017 LOCAL ROAD IMPROVEMENT PROGRAM (LRIP) GRANT ADAMS STREET/MARYSTOWN ROAD (CSAH 15) AND TH 169 ROUNDABOUT WHEREAS, the City of Shakopee is applying to the Commissioner of Transportation for a grant from the Minnesota State Transportation Fund for Local Road Improvement; and WHEREAS, the Commissioner of Transportation has given notice that funding for this project is available and the LRIP has been established through Statute 174.52 to provide funding assistance to local agencies; and WHEREAS,Adams Street/Marystown Road serve a connection between rural Scott County and the more urbanized City of Shakopee and has an interchange with US Highway 169 that is currently side street(ramp terminal) stop controlled; and WHEREAS, severe crashes, including a fatality, have occurred at the interchange ramp intersections with Adams Street/Marystown Road; and WHEREAS, the City of Shakopee is seeking to construct roundabouts at the Adams Street/Marystown Road intersections with the interchange ramps to improve safety and provide an efficient connection to US Highway 169; and WHEREAS, the Local Road Improvement Program (LRIP) administered by the Minnesota Department of Transportation makes available up to $1,000,000 to provide funding assistance to local agencies towards local road projects that are regionally significant, result in safety improvements, and address transportation deficiencies WHEREAS, the Adams Street/Marystown Road(CSAH 15) and TH 169 roundabout project needs additional funding to be implemented. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA hereby supports the application of the LRIP Grant for the Adams Street/Marystown Road(CSAH 15) and TH 169 roundabout project, agrees to the terms and conditions of the grant consistent with Minnesota Statutes, section 174.50, subdivision 5, clause (3) and will pay any additional amount by which the cost exceeds the estimate, and will return to the Minnesota State Transportation Fund any amount appropriated for the roundabout project but not required. Adopted in adjourned regular session of the City Council of the City of Shakopee, Minnesota held this 17t"of October, 2017. William Mars, Mayor City of Shakopee Lori Hensen, City Clerk City of Shakopee Page 217 of 320 RESOLUTION NO. 7938 A RESOLUTION IN SUPPORT OF AN APPLICATION FOR THE 2017 LOCAL ROAD IMPROVEMENT PROGRAM (LRIP) GRANT VIERLING DRIVE BETWEEN CSAH 69 AND TAYLOR STREET WHEREAS, the City of Shakopee is applying to the Commissioner of Transportation for a grant from the Minnesota State Transportation Fund for Local Road Improvement; and WHEREAS, the Commissioner of Transportation has given notice that funding for this project is available, and the LRIP has been established through Statute 174.52 to provide funding assistance to local agencies; and WHEREAS, Vierling Drive (between CSAH 69 and Taylor Street) that parallels US Highway 169, is a route of regional significance that serves a number of local development areas and regional destinations; and WHEREAS, the City of Shakopee has been working with MnDOT to improve safety and access on the local and state roadway network through improvements to Vierling Drive near US Highway 169; and WHEREAS, implementation of Vierling Drive improvements will have a positive regional impact to the area and US Highway System, and the City of Shakopee is seeking to make improvements to Vierling Drive to bring the roadway up to current standards; and WHEREAS, the Local Road Improvement Program (LRIP) administered by the Minnesota Department of Transportation makes available up to $1,000,000 to provide funding assistance to local agencies towards local road projects that are regionally significant, result in safety improvements, and address transportation deficiencies. WHEREAS, this Vierling Drive project needs additional funding to be implemented; and NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA hereby supports the application of the LRIP Grant for the project at Vierling Drive between CSAH 69 and Taylor Street, agrees to the terms and conditions of the grant consistent with Minnesota Statutes, section 174.50, subdivision 5, clause (3) and will pay any additional amount by which the cost exceeds the estimate, and will return to the Minnesota State Transportation Fund any amount appropriated for the roundabout project but not required. Adopted in adjourned regular session of the City Council of the City of Shakopee, Minnesota held this 17th of October, 2017. William Mars, Mayor City of Shakopee Lori Hensen, City Clerk City of Shakopee Page 218 of 320 N r�r 400 ft r � r r � a 1 r, r/ it ! mlr rr�ri r�k,nurwlrn�4(f�(� p�/f!%%r'r l' ' � � -mi,; �i �, �G�.f r //v-0 ✓/��`rylJ h»;�j<,..i J !„'es/J 6 „/ arr r. r r r� rrr r r ea ri r / r ' 1 / r/ r o / r�✓ / /i r, r ✓ )r L�/�Yb�,, �� lffll�fipS�,//U / r sYii ;,nr' � a% ;,o/i„// / ii I �//r ,,, ,,., /` r� i r i I n IIII a 1 Il IIIII� �Y'w'l r o i o �/ .✓✓i�� r // r /rva ail i / /r � � s/>r ✓r � /G„ r/r,/ri f/, //,,,/ � � G is �,rt�/, / ,, l,` 7 o!/ ,� � 7 //211���Grl✓ � / ; i or ._.� 0>I � �a„hi�r//r 111 �r a r�,9 r//l/%��r �//� a/ � � �' � �� ,✓ �i rrlG, vrJ �aii;, ,,, ww�r,1 � �wrau 17th Avenue • ,, - Jr ,�/rrrrr rra u,� O Y N� Potential Improvement Projects a� SHAKOPEE City of Shakopee, Minnesota Page 219 of 320 .1 A MYN M /0211-1- ingi A I Enl,� toll low I had ----------- 77 ----------- -—---------------- —–----------- --—---------- "/,/////////. .......... KOZO looks, 0 i"M PE, 4 4A, A 11 Jim 8.A. PM*MA SHAKOPEE Shakopee City Council October 17, 2017 FROM: Darin Nelson, Finance Director TO: Mayor and Council Members Subject: Assessment Hearing on Delinquent Garbage/Refuse Bills from Republic Services Policy/Action Requested: Adopt Resolution No. 7944, certifying assessments for delinquent refuse bills. Recommendation: Approval Discussion: The City Council is asked to consider Resolution No.7944 that will assess property owners on taxes payable 2018 for unpaid refuse and recycling services from the city's designated garbage hauler, Republic Services. In previous action, the City Council authorized the collection of delinquent garbage accounts in the city's designated "organized" collection area. This eliminated the need to stop service to accounts, which leads to a higher incidence of illegal dumping. Ordinance No. 583 was passed on October 17, 2000 amended Section 3.15, Subdivision 7 of the City Code and obligated the property owners to pay the charges and costs for the collection and disposal of refuse and recyclable materials. Republic Services provided the City with a list of delinquent accounts on October 11, 2017 of which there were 143 property owners with unpaid garbage/refuse bills for a total an amount due of$24,665.26. Last year at this same time, we had 197 delinquent accounts totaling $30,870.61. Attached is a list of delinquent property owners who have unpaid garbage/refuse bills. An updated list of property owners to be assessed will be on the table Tuesday evening; this is to allow property owners to make final payments until Tuesday, October 17, 2018. The listing Page 221 of 320 will consist of Shakopee property owners who have either 1) not paid or 2) not paid in full their delinquent garbage bill to Republic Services. This list, which will accommodate Resolution No.7944, includes an administrative charge of $25.00 to cover the city's cost and a $25.00 charge to cover Republic Services costs in assessing these delinquent bills. These charges will be added to the delinquent bills once the assessments are adopted by Council. Budget Impact: The $25.00 delinquent charge would be revenue to cover the administrative costs; therefore, there is no impact on the budget. ATTACHMENTS: D Resolution No. 7944 D Republic Services Outstanding Accounts Page 222 of 320 RESOLUTION NO. 7944 A Resolution Ordering Certification of Unpaid Refuse Bills for Collection with Payable 2018 Property Taxes WHEREAS,pursuant to proper notice duly given as required by law, the City Council of the City of Shakopee met and heard and passed upon all objections to the proposed assessments of: Delinquent Refuse Bills NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE.) MINNESOTA: 1. That such proposed assessment together with any amendments thereof, a copy of which is attached hereto and made a part hereof, is hereby accepted and shall constitute the special assessment against the lands named herein and each tract therein included is hereby found to be delinquent. 2. That there will be added to the delinquent amount a $50.00 fee if the delinquent amount is not paid to Republic Services on or before October 17, 2017. 3. Such assessments shall be payable in one installment, payable on or before the first Monday in January 2018, and shall bear interest at the rate of 5.00 percent per annum from the date of the adoption of this assessment resolution. To the one installment shall be added the interest on the entire assessment from the date of this resolution until December 31, 2018. 4. The owner of any property so assessed may, at any time prior to November 17, 2017, pay the whole of the assessment on such property without interest to the City of Shakopee Finance Department. 5. The owner may thereafter January 2018 pay to the County Treasurer the installment and interest in process of collection on the current tax list. 6. The Clerk shall file the assessment rolls pertaining to this assessment in her office and shall certify to the County Auditor the total amount of the installment on each parcel of land for collection with next year's taxes. Adopted in session of the City Council of the City of Shakopee, Minnesota, held this day of 12017. Mayor of the City of Shakopee ATTEST: City Clerk Page 223 of 320 PID Outstanding Balance 274110040 $5.00 274110100 $5.00 273521160 $5.00 273711820 $5.00 272721240 $5.00 272270450 $5.00 272650130 $5.00 272710080 $10.98 270210550 $14.10 270380010 $14.10 273560510 $21.95 273030140 $28.61 270740240 32.44 272070290 $34.10 270170650 $37.20 271910340 $38.69 271980010 $42.32 273100040 $42.96 270017250 $43.21 270160040 $43.63 272220190 $47.98 270041020 $52.32 273800630 $54.44 273700360 $65.85 273030040 $77.15 272300220 $80.49 270080710 $81.69 270160040 $84.64 273290990 $87.76 273291010 $89.44 270470230 $91.42 270210540 $91.96 270016740 $93.03 273080710 $93.75 273902410 $94.64 270120540 $94.64 270040230 $97.20 271910540 $99.64 271330520 $99.64 271690040 $100.00 271690190 $104.14 273902130 $104.64 270014160 $104.64 270016760 $108.88 273030020 $109.64 271880080 $113.88 270012740 $118.88 270050090 $118.88 270920070 $123.11 Page 224 of 320 PID Outstanding Balance 270016990 $123.41 273621230 $128.30 270015840 $128.48 270013980 $134.40 273902280 $135.91 270920220 $135.96 270017970 $137.20 270012390 $140.55 270041490 $142.20 270740120 $146.96 270015700 $146.96 272440280 $151.96 270070090 $156.96 272930030 $162.02 271220060 $165.53 270740180 $173.32 271310160 $178.32 273620290 $178.32 270012130 $180.44 272340010 $180.44 272800230 $180.44 273590250 $180.44 271910350 $180.44 271960230 $180.44 270630090 $180.44 273620010 $183.53 273591380 $193.60 270040330 $199.28 271130020 $199.48 271910230 $204.28 270013650 $204.48 270018420 $209.28 273050210 $209.28 270040871 $209.28 270014860 $209.28 270016360 $209.28 270100100 $209.28 270017260 $209.28 270170260 $209.28 273820370 $209.28 273190520 $209.28 273150280 $209.28 270018450 $209.28 274040400 $209.28 273950320 $209.28 270017860 $209.28 273150160 $210.50 270016110 $218.26 271330600 $219.28 Page 225 of 320 PID Outstanding Balance 270041360 $225.55 273150010 $225.64 270040210 $232.64 271680030 $232.76 271730100 $233.11 270320130 $236.30 270041640 $237.76 272040180 $237.76 273050360 $237.76 273150300 $237.76 273901380 $237.76 272080040 $237.76 270180140 $237.76 270220050 $237.76 270240400 $237.76 270041300 $237.76 270210130 $237.76 270020330 $237.76 279070360 $237.76 270241360 $247.41 270018321 $251.60 270240490 $251.60 270041660 $256.60 270016020 $256.60 271380200 $261.60 272810010 $268.93 270015190 $273.93 272070380 $273.93 270080610 $275.20 270040690 $284.27 272970090 $285.55 272300380 $289.07 273640020 $297.20 271700070 $297.20 272970350 $302.41 273030070 $302.41 270241370 $302.41 274210060 $302.41 273280010 $321.05 270830020 $321.25 270090010 $326.25 270014460 $375.05 272070530 $388.04 271890040 $539.70 271730070 $611.32 TOTAL $24,665.26 Page 226 of 320 8.B. PM*MA SHAKOPE: Shakopee City Council October 17, 2017 FROM: Darin Nelson, Finance Director TO: Mayor and Council Members Subject: Assessment Hearing on Delinquent False Alarms & Mowing Services Policy/Action Requested: Adopt Resolution No.7945, certifying assessments for delinquent false alarms & mowing services. Recommendation: Approval Discussion: The Council is asked to consider Resolution No.7945 that would assess property owners on taxes payable 2018 for unpaid false alarms and mowing services. The city routinely certifies past due bills for collection with the property taxes. To date the city has been unable to collect $800 for false alarm services and $520 for delinquent mowing fees, estimating 2 parcels. The city will charge an additional $25 administrative fee if the delinquent assessments become levied to cover the city's administrative costs. An updated list of property owners to be assessed will be on the table Tuesday evening; this is to allow property owners to make final payments until Tuesday, October 17, 2018. These charges will be added to the delinquent bills once the assessments are adopted by Council. Budget Impact: The $25.00 delinquent charge would be revenue to cover the administrative costs; therefore, there is no impact on the budget. ATTACHMENTS: D Resolution No. 7945 D Unpaid Ordinance Violations Page 227 of 320 RESOLUTION NO. 7945 A Resolution Ordering Certification of Unpaid False Alarms & Lawn Mowing Services for Collection with Payable 2018 Property Taxes WHEREAS,pursuant to proper notice duly given as required by law, the City Council of the City of Shakopee met and heard and passed upon all objections to the proposed assessments of: Delinquent False Alarms and Lawn Mowing Services. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE.) MINNESOTA: 1. That such proposed assessment together with any amendments thereof, a copy of which is attached hereto and made a part hereof, is hereby accepted and shall constitute the special assessment against the lands named herein and each tract therein included is hereby found to be delinquent. 2. That there will be added to the delinquent amount a $25 fee if the delinquent amount is not paid to the City of Shakopee on or before October 17, 2017. 3. Such assessments shall be payable in one installment, payable on or before the first Monday in January 2018, and shall bear interest at the rate of 5.00 percent per annum from the date of the adoption of this assessment resolution. To the one installment shall be added the interest on the entire assessment from the date of this resolution until December 31, 2018. 4. The owner of any property so assessed may, at any time prior to November 17, 2017, pay the whole of the assessment on such property without interest to the City of Shakopee Finance Department. 5. The owner may thereafter January 2018 pay to the County Treasurer the installment and interest in process of collection on the current tax list. 6. The Clerk shall file the assessment rolls pertaining to this assessment in her office and shall certify to the County Auditor the total amount of the installment on each parcel of land for collection with next year's taxes. Adopted in session of the City Council of the City of Shakopee, Minnesota, held this day of 12017. Mayor of the City of Shakopee ATTEST: City Clerk Page 228 of 320 PID Balance 270018480 $ 520.00 273340011 $ 800.00 Total $1,320.00 Page 229 of 320 8.C. PM*MA SHAKOPEE Shakopee City Council October 17, 2017 FROM: Kyle Sobota, Senior Planner TO: Mayor and Council Members Subject: Vacation of Certain Drainage and Utility Easements in Maple Trail Estates First and Second Additions Policy/Action Requested: Adopt Resolution No. 7948, a resolution vacating certain drainage and utility easements in Maple Trail Estates First and Second Additions. Recommendation: Adopt resolution as presented. Discussion: Cal Haasken, representing Harland Hohenstein, has applied to vacate certain drainage and utility easements within Maple Trail Estates First and Second Additions. The proposed legal descriptions are as follows: • All of the drainage and utility easements in Outlot A as dedicated in Maple Trail Estates lst Addition, Scott County, Minnesota. • All of the drainage and utility easements in Lot 1, Block 1, and Outlot A as dedicated in Maple Trail Estates 2nd Addition, Scott County, Minnesota. • The drainage and utility easement and ponding easement granted in Document No. 63798, Scott County, Minnesota. The City Council recently approved Maple Trail Estates Fourth Addition, which adjusts the lot lines of Mr. Hohenstein's lot and created two lots for the construction of two single family houses. The proposed plat of the 4th addition dedicates new easements in similar locations to the ponding easements and dedicates easements adjacent to the revised lot lines of Mr. Hohenstein's lot, as well as the two lots created by the 4th Addition. The Engineering Department and utility companies have reviewed the request and Page 230 of 320 recommend approval of the request, subject to conditions. Specifically, the applicant will be required dedicate the proper easements on the final plat prior to recording, and the necessary easements for electric service will be required by Shakopee Public Utilities. The applicant has proposed to dedicate the proper easements, so staff is recommending approval of the request. If approved, the applicant intends to record the plat immediately. Budget Impact: N/A ATTACHMENTS: D Easement Sketch D Engineering Department Comments D Plat of Fourth Addition D Resolution No. 7948 Page 231 of 320 3S 'V1 MS '3Nn IS3M ' OH � `-61 'Q3S W1 3S'3N11 1SV3 ��J,Ls•1ti-1 CIO ui ao•ros�a . I `.CO•if`.f-R7 o -18 R A Z g JI ~ ayy,,�FM Zw ZZ'W I hO zZ O is ;n �t;ja y� o Li a alris 0 IWh O W � Iq N I f K w W I I 4Z f/l Iy E 0 ' z � 'fir. . •-N�0�136'v1 b� tn�s. VN0 0 M Z E 39.,z392 O � adoa _ A.Nnoo nvv vi.� MbZ,�£.IONion ii41 1vll.; —� 99zz•aY/ 'sul •e1 •o3s J 'f/l 3S 1 3N WimCL Q y �;:• lrJ U I L1J _j ft i Page 232 of 320 MAPLE TRAIL ESTATES 2ND � <fi a •� i $8'x,0 � l $ R 8 - o "i� NNN o g 8 NI Gsgi u cc Es 3 sr aA s s 1n zP - � S02-06.53"E 591.30 I O N n a � I _• N � „�j LL U i Ali p ZZ I _:131St:3F1CH J N = C/AJ BC 'ON UtlOtl '0] w 00'09Z i' 3.Sf,14005 LU v O �« ( 7� •esus O ry Z �o 010•,`• �^( M D W a�'� 00 €� k K`z +� O 09'LL .26-2-554 i iiviG4�f I W I itrllc..: m� Page 233 of 320 SHAKOPEE Memorandum TO: Kyle Sobota, Senior Planner FROM: Ryan Halverson, Assistant City Engineer SUBJECT: Vacation of Utility, Drainage and Ponding Easement (Outlot A, Maple Trail Estates 1St Addition) (Lot 1, Block 1 & Outlot A, Maple Trail Estates 2nd Addition) (Doc No. 63798, Scott County, Minnesota) CASE NO.: 17048 DATE: September 22, 2017 The application indicates a request to vacate all drainage, ponding and utility easements of Outlot A, Maple Trail Estates 1 St Addition as well as Outlot A and Lot 1, Block 1 of Maple Trail Estates 2nd Addition. The application also indicates a request to vacate all drainage, ponding and utility easements of Document No. 63798, Scott County, Minnesota. The applicant has made a preliminary and final plat for approval that replats the affected lots, and grants similar easements. The engineering department has completed its review of the vacation request and offers the following comments at this time for the applicant and for the planning department: 1. The forthcoming Maple Trail Estates 4th Addition Final Plat will need to dedicate adequate drainage and utility easements as required by City Code and the City of Shakopee Design Criteria. 2. The approval of the vacation is contingent upon the approval of the Maple Trail Estates 4th Addition Final Plat application and concurrent recording with Scott County. Recommendation Should the City recommend approval of this request, the engineering department suggests the items listed above be attached as conditions of the approval. HAENG\DEVELOPMENT REVIEW\Maple Trail Estates 4th\_Project Management\Letters and Memos\Staff Review COMMUNITY PRIDE SINCE 1857 City of Shakopee 1435 Gorman 5t.,Shakopee MN 55379 1 Phone:952-233-9300 1 Fax:952-233-3301 1 www.SliakopeeMN.gov Page 234 of 320 m D d m C 3 N my Eaa to 591.30 S02°0 q. d Zmt a W � o O NLL E.i 101 SW la coo a m m n W F c m m m v < �M r m a � s m ��p °0 476.67 N00°26'25"W•J 9; Q y HOHENSTEIN COURT 479.2D N00.26'25"W=' �_350.60 W ✓��I Z lwIll ^I N N O o? Ij ✓1 r � �ql—�a��%3 I '•C E:°a_N m H o �"- m l'I J y6f. H Jm._oo o 010 °1 m °:n Z h 1r O 'p 0, o W t co m - OYi N c m AFF H d m U t w k - W .y ¢ J 223 oz�5�� j£ =Yi o�-�S d U Q 7 o Z y a° Q U m U _ i •4 W Z62 S mce S "a s m o m° Y ,�na 2e F'z 3, J_ LIJ •--� uiW 10 li -r a Q a a m z m o m n m co C m h N N -J 0. m N O O •m o p E m a� 0 a �� 0 a o ? w U n m m cm U LuWv LLI E 0 a c Q ~ o � Lu U N d V N N E m m t m m t c ° g n 0. E v c o ra W d� a o d U m c 1. dim H =v c a L n 239 132 i � N a o c rn= Inc g= 9.437 K w°' _ m2.= lL 17 Lu Y v a v C.S.A.H. 636.92 R=1382.39 D: m m o p p x ¢ ❑ V� Nm mea a r v.� C) O i o N m T m t Iq 0 E- K 5 m o M ° a m y= x Z 2 n 1O M w.` m a m a m ° w �w rn 3 •E u.0 oa o. o O Q`o m 9 u `mwZ o m d 0 �"O c I x r0 m z '� m ¢ m x Y RESOLUTION NO. 7948 A RESOLUTION APPROVING A VACATION OF CERTAIN DRAINAGE AND UTILITY EASEMENTS IN MAPLE TRAIL ESTATES FIRST AND SECOND ADDITIONS WHEREAS, Cal Haasken, applicant and Harland Hohenstein, have made an application proposing the vacation of certain drainage and utility easements within the Maple Trail Estates First and Second Addition Plats; and WHEREAS, it has been made to appear to the Shakopee City Council that these drainage and utility easements are no longer of public use or interest; and WHEREAS, the proposed drainage and utility easements to be vacated is identified as: 1. All of the drainage and utility easements in Outlot A as dedicated in Maple Trail Estates First Addition, Scott County, Minnesota 2. All of the drainage and utility easements in Lot 1, Block 1, and Outlot A, as dedicated in Maple Trail Estates Second Addition, Scott County, Minnesota 3. The drainage and utility easement and ponding easement granted in Document No. 63798, Scott County, Minnesota ; and WHEREAS, the Shakopee Planning Commission considered the request at its meeting of October 5, 2017, and unanimously recommended approval with conditions to the City Council; and WHEREAS, a public hearing to consider the action to vacate the public alleys and rights-of-way was held in the Council Chambers of the City Hall in the City of Shakopee at 7:00 P.M. on October 17th, 2017; and WHEREAS, ten days published notice was provided by publication of the notice in the SHAKOPEE VALLEY NEWS and posted notice was provided by posting such notice on the bulletin board on the main floor of the Scott County Courthouse, the bulletin board at the U.S. Post Office, the bulletin board at the Shakopee Public Library, and the bulletin board in the Shakopee City Hall. Page 236 of 320 NOW,THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE,MINNESOTA, 1. It finds and determines that the vacation of drainage and utility easements as identified is in the public interest. BE IT FURTHER RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, THAT: I. The forthcoming plat of Maple Trail Estates Fourth Addition must dedicate adequate drainage and utility easements as required by City Code and the City of Shakopee Design Criteria. 2. The approval of the vacation is contingent upon the recording of Maple Trail Estates Fourth Addition in the office of the Scott County Recorder. 3. After the adoption of the Resolution, the City Clerk shall file certified copies hereof with the County Auditor and County Recorder of Scott County. Adopted in the session of the City Council of the City of Shakopee, Minnesota,held the day of , 2017. Mayor of the City of Shakopee ATTEST: Lori Hensen, City Clerk Page 237 of 320 9.A.1. PM*MA SHAKOPE: Shakopee City Council October 17, 2017 FROM: Michael Kerski, Director of Planning and Development TO: Mayor and Council Members Subject: Request for Proposals (RFP) for two city-owned locations in the downtown Policy/Action Requested: Advertise and solicit proposals Recommendation: Authorize the advertisement of the RFP and the solicitation of proposals per the attached draft request for proposals. Discussion: The city or the EDA/HRA currently owns a number of parcels in the downtown. Staff is recommending a comprehensive RFP that will be sent and advertised to the development community. There are several developers that have already contacted the city that are now interested in proposing. We are offering ample time for the development community to complete their due diligence and to propose on one or both of the sites. We have developed a comprehensive and transparent process for the review of proposals. The city's financial advisor will also assist in reviewing any financial information. We also have the option, depending on the number and type of proposals that we receive, to retain HR&A to assist in the final review. HR&A is currently working on the comprehensive plan and their specialty is real estate market research and feasibility and they are ranked as one of the top firms that municipalities retain for the review of proposals. Budget Impact: ATTACHMENTS: D Draft RFP Page 238 of 320 REQUEST FOR PROPOSALS AND QUALIFICATIONS BY THE CITY OF SHAKOPEE FOR REDEVELOPMENT OF THE FORMER CITY HALL SITE AND RIVERFRONT PARCELS IN DOWNTOWN SHAKOPEE, MINNESOTA mdl'd{ +RI4id'0 Iry I(d l m 2.,ii p V T hd dY r d Y M I J r r y y r rt rM r J i 4 u , w i 1L 1. Proposal Due Date: January 5, 2018 by 4:00 PM CST Optional Site Tour: October 26, 2017 at 10:00 AM CST You must RSVP if you plan on attending by October 24 Submit Proposal to: Michael Kerski Director of Planning and Development City of Shakopee 485 Gorman Street Shakopee, MN 55379 ilk ,irlkii slhalkop �irir�,. ov Page 239 of 320 The City of Shakopee (city) and the Economic Development Authority (EDA) of Shakopee are seeking firms with significant experience in redevelopment and revitalization to redevelop the former city hall site at 129 Holmes Street S and four parcels at Scott Street N and 1 It Avenue W. The successful respondent(s) will enter into exclusive negotiations with the city and the EDA to redevelop these sites and enter into final development agreement(s) between the entities. Respondents can propose on one or both sites. The proposals will be evaluated using the following criteria: Qualifications — the extent that the firm demonstrates it has personnel with the prerequisite experience necessary to accomplish the proposed project. The proposal must specify the principals and the specific staff that will work on the Shakopee project including their experience, areas of expertise, and the nature and extent of their involvement in the proposed project. The proposal should include information and/or material for similar projects that the firm has completed. If firms are proposing specific architects or builders, please include work on similar projects. 25 points Experience — The extent to which the developer has demonstrated competence in successfully redeveloping similar sites and can provide examples of similar projects with dates, total project costs and investment and if the projects have since been sold. Include the number of units, stories, construction type, and parking if it was apartments or a hotel. Include other uses included in the projects, if any. 50 points Financial Capacity — Does the firm have the necessary financing and equity available to complete the proposal? If the firm is proposing any type of incentive, please include here, including the price of land. 45 points Proposers are invited to respond to this RFP. One original hard copy proposal with signatures along with one electronic copy should be submitted to: City of Shakopee Michael Kerski Director of Planning and Development 485 Gorman Street Shakopee, MN 55379 Responses to the RFP must be received by the City at the above address no later than 4:00 PM CST, January 5, 2018. Any response received after this time will not be opened. Facsimile or email responses are NOT acceptable when responding to the Request for Proposals. Page 240 of 320 THE DOWNTOWN MARKET Downtown is rapidly being transformed into a twenty-four-hour area. There are already a number of apartments in the area, largely for seniors. Above many of the historic buildings are market rate apartments on the second and third floors. There are a number of new entrepreneurial businesses that have opened and many that are long term downtown destinations. The city has invested $2 million in public improvements in the Downtown in 2017 that includes a new redesigned parking lot with a public plaza, a new gateway at River City Center that will include signage and a statue of Chief Shakopee and a new gateway plaza at 101 and First Avenue (in front of O'Brien's) that will include seating walls, landscaping and a sign announcing "Downtown". q � ol, 1// /a of Aire, 't !f; � � ' , /��a,!��Via///I�I�IItlIIIVIIIIV��tf�tr„Yoy��i�f�pVP�d �I�iPYiill'dllidfl�Il Off / f� r„ I�IJi”"%/JJII%�jJJJY1��J1ll �Il( d. e N �`✓d!J:fI,GFa✓iNdfrll,u ,, ,,,e r. u,.0 „ ,<u,v///��/„ //��/11�r .,, , There have been a number of buildings in the downtown that have either been revitalized or are in the process. There are currently four fagade renovations planned in downtown including a renovation of the former Lady Di building on Holmes Street into a new use. Several buildings on First Avenue will be restoring their storefronts in the coming months. The Downtown Shakopee Main Street organization held a weekly V I concert series called Rhythm on i the Rails throughout this past ' summer. Despite weather events, Mfr ' Rhythm on the Rails attracted ' more than 2,900 people on y f average. Many local corporations sponsored this program along with small businesses and it was recognized as the Best Main Street Event in Minnesota. Page 241 of 320 To continue the revitalization of Downtown Shakopee, the city is seeking new developments that will add to the improvements already underway. New development we are interested in could include market rate housing, hotel, commercial and retail. The city is seeking innovative projects that will drive additional users for downtown and will be of high quality design and materials, adding to the historic nature of the area. Retail rents downtown range from $11 to 20 per square foot. There has not been a strong office rental market and most offices are owner-occupied. The most recent office development is the relocation of the O'Brien Dental Clinic to a modern office building on Fuller Street. The clinic occupies the entire second floor and there are commercial tenants on the first floor and basement. The building was purchased by parties related to the dental clinic. There has been an expressed need for a higher end hotel in the downtown to serve corporate users in the community along with market rate housing, particularly for the young professionals at companies like Seagate, Emerson and Entrust Datacard. There is also a strong biking community in Shakopee and there is a state trail adjacent to the riverfront site. This trail is accessible by a tunnel on Holmes Street from the former city hall site and connects to a regional trail system. i y� p uu uuuuuuuuuu uuuuu i Y� v M ' u Market rate apartment rents in Shakopee grew more than 17% in the past year, more than any other city in the region. Market rate rents currently are at about $1 .68 per square foot for existing complexes. No new complexes have been built since 2005. There currently are two new market rate projects under construction in the city. There are 133 apartments adjacent to the new HyVee that will deliver to market in 2018 and are largely studios, one and two bedrooms. Projected rents will be approximately $1 .80 per square foot/month. The project is four stories and stone, brick and hardi plank and panels. Page 242 of 320 The other project is in Southbridge adjacent to County Highway 21 and is just over 300 units. It is adjacent to a park and ride lot and across from entertainment, restaurants and retail. Market studies are projecting rents in 2018 at $1 .80-$1 .90 per SF. There are also up to 600 units planned in the Canterbury Park area. These luxury units would be marketed to people downsizing from single family homes or executives moving into the market along with horse owners or lovers that want a location adjacent to the track and card room. This project currently has no start date. THE SITES Former City Hall ° This site will be remediated and cleared. Part of the basement walls will remain to act as stabilization to protect the street and railroad side. The site has all utilities to it n including natural gas, electricity and fiber. The site consists of approximately .7 acres of land zoned B-3. In this zone, you are allowed an FAR of 4. You must have a mix of uses on the site like retail or restaurant on a portion of the ground floor. You can fit approximately 121 ,000 square feet of space on this site based on the FAR of 4. Height is limited to 45 feet without a Conditional Use Permit. A Phase 1 has been completed and all hazardous materials will be removed from the site prior to demolition and the site will be pad ready with compacted fill where the former city hall was located. No parking is required in the B-3 District. There are several large city- owned lots surrounding the site including a large lot across the railroad tracks. ' �'A�,iQ,q„w� u�VIRI�Vi��uVlli0lilllulllilu000V „II III �I�VIIIIIIIIIII�11�1111111111111111111111111111111111111111111 River Site This site is just over an acre. The property is zoned B-1 which allows mixed use. Height is limited to 35 feet without a Conditional Use Permit. Parking is required to be provided on site. The city purchased a small house on the corner for $125,000 in September 2017 and has a contract to purchase the commercial sites in April 2018 for Page 243 of 320 $350,000. The city is currently working on relocating that tenant, Doggie Doos, to a new development on the west end of the city. It is expected that they will be relocated to their new complex in June 2018. The rear portion of the site is already owned by the city/EDA. The city has completed a Phase 1 and Phase 2 on the site. pII 10 i The existing alley would be abandoned adjacent to the site and utilities will be relocated out of the alley. The site has electricity, fiber, water and sewer. The city will also consider abandoning a portion of the road along the river. This site is adjacent to the state trail that runs through Shakopee to Chaska and to the National Wildlife Refuge. The site is also adjacent to the Minnesota River. It is located on the bend of the river and offers spectacular views up and down the river. What you need to submit Proposer are required to provide the following information: ■ Which site(s) the Proposer is planning to develop; ■ Proposer's demonstrated understanding of the project and its objectives; ■ Proposer's approach to the project and detailed plan to meet objectives; ■ Concept plan along with types of uses, density, square footage, parking etc. ■ Basic pro forma for the project along with any required city participation (land etc.) ■ Proposer's relevant experience on similar projects; ■ Proposer's past financial experience for similar-sized projects and ability to obtain financing for this specific project; ■ Proposer's track record on attracting tenants and users that would be desirable for the development; ■ Qualifications of key project personnel and experience on similar projects; ■ Qualifications of key consultants and relevant experience on similar projects; ■ Project timetable. Page 244 of 320 Selection Process After reviewing all proposals, City staff may select up to five firms and conduct interviews with each of those firms or teams. Following interviews, the City may ask for additional information from firms and conduct follow-up interviews. Proposers and their teams will be ranked in order of preference. Staff will then draft a Memorandum of Understanding for a period of six months with the selected Proposer and forward a recommendation to the City Council for approval of the selected Proposer. During the initial six months, the chosen Proposer will develop final site, architectural and marketing plans for the site. The Proposer will then submit these plans to the City for final approvals. The City of Shakopee reserves the right to reject any or all proposals as it may be deemed in the best interest of the city. Adoption of the final Disposition and Development Agreement by the City for the property will be based on the following criteria: ■ Financing in place to complete the project including closing with the city ■ Any required city participation (ie land) ■ Conformance with the City of Shakopee's goals and objectives; ■ Quality of the final design including elevations and floor plans; ■ Soundness and quality of the overall development plan; ■ Schedule of development ■ Tenants or tenant prospects ■ Developer's ability to work with the city Time Frame It is the City's intent to have a contract executed with the selected firm by February 2018 and an expectation that the chosen developer will be able to enter into a final disposition agreement with the City within six months depending on the developer's timeliness of submission of materials for design and financial approvals. Page 245 of 320 Background - The Shakopee Community and Surrounding Areas x History and Growth The City of Shakopee is rich in history. Once a trading post and then a small river town, the City is now a growing suburb to the Twin Cities metropolitan area. Located in the lower Minnesota River Valley, Shakopee has been home to Native M Americans for thousands of years. Burial mounds in Memorial Park date back A approximately 2,000 years. At the time of the first European settlers, Dakota Indians inhabited the valley. Chief Shakpay I settled his tribe along the river banks in the 1700s; his village was called Tintonwan, "village of the prairies," and located east of Shakopee's present downtown. In 1842 the first steamboat came down the river as far as Shakopee, and two years later, Oliver and Harriet Faribault build the first log cabin along they/ river. Missionary Samuel W. Pond came to the area in the late 1840s, at the invitation of Chief Shakpay II. Pond would later found Shakopee's oldest church, First Presbyterian Church, in 1855. In 1851 , with the Treaties of Mendota and Traverse des Sioux, the area was opened to pioneer settlement. Thomas A. Holmes, known as "the father of Shakopee," established a trading post near the Tintonwan village. Shakopee was designated as the Scott County seat on March 3, 1853. In 1854, Holmes platted Shakopay Village, naming it after the leader of the Dakota band, Chief Shakpay II. Shakopee was incorporated as a city on May 23, 1857. For many years, steamboats along the Minnesota River were the most efficient way for people and goods to reach the young city. However, in the mid-1860s, a new method of transportation arrived: railroad. The first steam engine train rolled into Shakopee from Mendota along Second Avenue on Nov. 16, 1865. Ten years later, the Lewis Street swing bridge opened, the first across the Minnesota River in Shakopee. Page 246 of 320 The City's population in 1910 �.w.. was 2,302. During the Prohibition era, y Shakopee had the reputation as � »;;" a "Little Chicago" with a past that y� included illegal gambling. In i� 1940, an extortion ring was discovered as merchants paid to � avoid raids on slot machines. µ Shakopee also showed signs of progress in the 1920s, electing its first female Mayor, Elizabeth Ries, in 1925. In 1927, Holmes Street bridge was completed linking Shakopee to Chaska. The bridge was restored by the Minnesota Department of Transportation and is now used for bike and pedestrian access over the new river bridge. Two of Shakopee's longest running businesses were established in the 1930s: Bill's Toggery, a family run men's clothing store on Lewis Street; and Rahr Malting, which built its malt manufacturing facility in west Shakopee. Both businesses are still in operation today. Shakopee's economy began to shift in the 1960s with the development of the Valley Green Industrial Park, the metropolitan ; area's largest ready-to-occupy industrial n 9 park. Valleyfair Amusement Park put Shakopee on the map when it opened in 1976. The park has since grown to include more than 75 attractions on 90 acres. It draws more than one million people to Shakopee every year. In 1985, a new horse-race track, Canterbury Downs, opened to much fanfare. In 1994, the track was renamed to Canterbury Park, and today live racing, a 24-hour card club and entertainment events annually draw more than 600,000 people. The opening of the Bloomington Ferry Bridge in 1995 has spurred unprecedented growth in the City, which saw its population double in the succeeding 10 years. The new bridge opened the City to new business and residential growth, making it accessible for people looking to work in the metro but enjoy the atmosphere of a small town. Page 247 of 320 In 2010, the City of Shakopee had a population of 37,076. Improved transportation systems, available land and recreational amenities continue to make Shakopee attractive to businesses and residents. Several national companies established new facilities in Shakopee, including Amazon, Shutterfly, AmeriSource Bergen and world headquarters for Entrust Datacard and Emerson Process Management. In 2017, the city opened its new city hall building on Gorman Street, creating a city campus to better serve customers. The city also wrapped up a two-year renovation of the Shakopee Community Center, which included in a two-sheet ice arena, indoor aquatic center, senior lounge and much more. i Living, Working and Playing in Shakopee Recreation. Whether you live in Shakopee or work here, there are plenty of recreational opportunities. Our world class trail system features over 80 miles of trails within the city limits and connects you to just about anywhere in the metro. Literally NNNNNI after a few minutes on our trails, you can find Over miles of local trails yourself in a peaceful natural area leaving the city connected ted to regional system • Over 900 acres of parks behind. Our parks are equally impressive. With 9 • Newly renovated, best in class regional parks within 15 miles, 7 major parks in community center Shakopee, and numerous neighborhood parks; V Land of gig Fun! our more than 900 acres of park space V Cultural and sporting events local demonstrate our community commitment to open and nearby! space, active living and the health benefits that come with it. In the last two years we have invested $30 million in upgrades to our community center including two new sheets of ice to create a place for our citizens to get together. Page 248 of 320 Shakopee is also the epicenter " of "the Land of Big Fun", which � includes Valleyfair Amusement 0 t and Waterpark, Mystic Lake Casino, the Renaissance Festival, and Canterbury Park. There are always community events going on in town that are well attended and bring ' people together. There is no R shortage of places to go and people to see here in Shakopee including a revitalized downtown that hosted a five-week concert series that attracted more than 2,500ople each night Dining and Shopping. Downtown Shakopee offers a wide variety of experiences, the majority of which are locally owned and operated. They include the headquarters of Maggie and 0 %' Mary's/North Aire Market, known as "the ;n,: soup ladies" who regularly sell out on QVC. They have a new retail storefront that offers all of their world famous and award winning products. There is also Bill Toggery, one of the oldest retailers in Shakopee, Real Gem Jewelers, Turtle's Bar & Grill that also hosts a thriving wedding reception business at Turtle's 1890 Social Center, Munkabeans Coffeehouse, O'Brien's Public House, Pablo's Mexican Restaurant, Valley Sports, One Sexy Biker Chic, Paul's Bike Shop and many more including the just opened Shakopee Brewhall. Hospitality. Traveling to and staying in the " Shakopee area is simple. The Minneapolis-St. Paul International Airport is 19 miles from Shakopee. We « have a large number of business travelers from � around the world that visit on a regular basis. One of the requests from the business community is a high- quality hotel that could access the amenities of Downtown and also allow them to host a number of business meetings. The Shakopee area higher level Page 249 of 320 hotels boast an ADR of more than $100 and occupancy more than seventy percent on an annual basis. There is no hotel near Downtown. Business Climate Ill�lllllllllllllllllllllllltllll�ui�11111z���°'°�" � The business community in Shakopee is booming, as r rwevidenced by the fact that several .. major multi-national corporations have chosen us as their headquarters or a major site for ii i �� their operations. We are home to ., ^y,u r„,,;��iai i/ 'i��iii%ii the world headquarters of Entrust Datacard, North America Headquarters of Emerson Process Management, 800-person engineering center for Seagate and have significant operations facilities for Amazon, Shutterfly and AmerisourceBergen, among others. Page 250 of 320 Land Surveys Page 251 of 320 9.B.1. PM*MA SHAKOPE: Shakopee City Council October 17, 2017 FROM: Steve Lillehaug, Public Works Director/City Engineer TO: Mayor & Council Members Subject: Order an improvement, prepare plans and specifications and approve a draft agreement for payment of special assessments for 225 Sommerville Street South Sanitary Sewer Extension project. Policy/Action Requested: Approve Resolution 7947, ordering an improvement and preparing plans and specifications for the 225 Sommerville Street South Sanitary Sewer Extension; and authorize execution of agreement for payment of special assessments for the extension of lateral sanitary sewer to this property. Recommendation: Approve Resolution 7947 and authorize execution of agreement. Discussion: The single family residential property at 225 Sommerville Street South exists with a private sanitary septic system (holding tank/drainfield system). Until recently, it was assumed this property was connected into the city's sanitary sewer system. It has been further discovered that public sewer is not immediately available to this property. Attached is a memo that provides an evaluation of extending sanitary sewer to this property to eliminate the private septic system. Based on this evaluation, the following proposed recommendation and steps are presented for the City Councils consideration: 1. City to provide public sewer up to the property line at 225 Sommerville Street South. 2. Obtain written agreement for payment of special assessments. 3. Proceed with project, obtain bid alternatives for gravity vs. grinder pump system. Costs and funding for the proposed sewer extension project are proposed as follows: Page 252 of 320 COSTS Public sewer extension $46000 Total Costs $46,000 FUNDING 225 Property Owner $15,000 (fixed amount) County Grant $ 6,000 (approximate) City Sewer Fund $25000 (remaining amount to be covered by city) Total Funding $469000 Funding is based on the premise that the property owner would be responsible for a fixed amount of$15,000. This amount is based on an approximate cost for a typical replacement of a septic system. Based on the actual project cost and the grant amount received from the county, the city would fund the balance. Should project cost savings be experienced or grant amount increase, this would result in a decrease in the city's funding participation. It should also be noted that additional costs to the property owner above and beyond as outlined above include the following: Sewer Connection Fee (estimated) Sewer Connection Permit $ 81.00 City Trunk Sewer $ 536.91 City SAC $ 475.00 MCES SAC $23485.00 Subtotal Sewer Connection $3,577.91 Disconnection/abandoninent of old system $To be determined, estimated $2000 Connection into new public sewer system $To be determined, estimated $1000 Amounts for the disconnection, abandonment of the old system, and connection into the new system are estimated only. The abandonment of the existing system could be somewhat complex because conditions indicate that the garage was constructed on top of the existing holding tank and drain field. The estimated costs to the property owner for the public system, sewer connection fees, and private work amount to $21,577.91. Budget Impact• The Sanitary Sewer Fund would account for approximately $25,000 of the sewer extension Page 253 of 320 project. ATTACHMENTS: D Background Memo D Resolution 7947 D Assessment Agreement D PowerPoint Page 254 of 320 City of Shakopee MEMORANDUM TO: Bill Reynolds, City Administrator Copy: Darin Nelson, Finance Director FROM: Steve Lillehaug, City Engineer/Public Works Director SUBJECT: Sewer Service Evaluation — 225 Sommerville Street DATE: October 9, 2017 Introduction This memorandum provides the background and information to evaluate options to provide sewer service to 225 Sommerville Street. It also provides information to evaluate the costs and potential financing. Background Sometime mid to late 2016, the single-family home at 225 Sommerville Street experienced a sanitary sewer backup. While it was assumed this property was hooked up to the city's sanitary sewer, it was investigated and discovered that it was not. It is apparent that this property exists with an individual sanitary sewer treatment system/holding tank that is owned by the property owner. As early as April 2017, Franklin Haws had discussions with the city about connecting to the city's sanitary sewer for his property at 225 Sommerville Street. In most cases, it would have been expected that a typical sanitary sewer service for future connection would have been stubbed out to the property when the mainline sanitary sewer was installed in this neighborhood. However, not only is a service stub not present at this property, a city sewer line is also not within proximity to the property. Other miscellaneous background information: • Neighborhood sewer was installed in 1954. • An assessment search resulted in no identified past or current assessments for any sanitary trunk, lateral or connection improvements. • A building permit for a sanitary sewer repair in 2016 exists. It is assumed this was for the backup of the private system. • Apparently and mistakenly, the city charged this property a monthly sanitary sewer utility fee between the period of April 22, 2009 to November 18, 2016. The change occurred upon a routine city audit where it was assumed this property was hooked up but was Page 255 of 320 not. A full refund in the amount of $835.25 was provided recently to the property owner (see attached Sewer Charge Summary). • Approximately 700-800 properties in Shakopee exist that are not connected to city sewer. City Ordinance In accordance with City Ordinance 52.08 (see Figure 1), the property is not required to hookup to City sewer at this time. However, in being a good steward and in consideration of the wellhead protection plan, it is recommended to eliminate all individual sanitary sewer treatment systems when a public system is available and when feasible to do so. Additionally, this parcel is within the city's municipal urban service area for sewer service, understanding that the intent and goal of establishing these areas are to provide full public sewer service to all within this a rea. Figure 1. Shakopee Ordinance 52.08 ............................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................... S § -5x„.08 JiICIC?K-UP REQUIRED. Any property abutting a public street oralley in which sanitary sewer mains,have been constructed- and any I residential property abutting a public street or alley in which c1hr water lines have leen constructed,must the connected two said se ermains and water line within 3 years or immediately upon a private system becoming deffective, whichever occurs first. A system becomes defective when substantial repair is needed, such as replacement of drain field lines,p ping of tanks, or replacement of a w�el:l pump,motor- (2.013 C'.ode= 3-10) Assessment Policy In general, the city's assessment policy indicates that the full project cost should be assessed to the benefitting property(s). In this instance, the only benefitting property would be 225 Sommerville Street. However, within the financing section, there is indication for consideration to be made for unique areas that have developed without a sanitary sewer system where the City should find methods to provide these improvements without causing undue hardship on the individual property owner (see Figure 2). Within the general policy section, there is also indication that the City may contribute in unusual circumstance (see Figure 3). Should the city proceed with a public improvement project to address this issue, it is recommended that we obtain a petition from the property outlining the proposed improvements, benefits, cost share agreement and a waiver of special assessment hearing. Page 256 of 320 Figure 2. Shakopee Assessment Policy- Financing of Public Improvements SECTION V FINANCING OF PUBLIC IMPROVEMENTS Tile City of Shakopee encourages public iniprovenient projects as tile area(s) benefiting and needing such improvements develop. Examples of this policy can be seen throug1l tile subdivision regulations, zoning ordinance, and building codes. New areas are required to provide needed improvements and services before deveLopment, thereby not creating unexpected hardships on the property owners purchasing such property nor on tile general public. However, it is recognized that certain areas of the City have developed.without all needed pubiic haiprovements (e.g. - parks, water, sewer, and streetinlproveinents) and thatmethods inust:be found to provide these improvements without calusing u,ndue hardships on.the general public or the individual property owner. Figure 3. Shakopee Assessment Policy- General Assessment Policies 6. Where tile project cost of an improvement is not entirely attributable to tile need for service to tile area served by said improvement, or where ullusual. condIdtions, beyond thecontrol of the owners of the property in the area served by the improvement would result in an ineqpitable distribution of special assessillents, the City, through the use of other, funds, may paysuch"City ,cost"'Nvlaich, in the opinion of the City Council, represents tile excess, cost not directlyattributable to the area served. Sewer Connection Fees In addition to special assessments for the improvements, additional sewer connection fees are required as follows: * Sewer Connection $RO + $1 state surcharge * City Trunk Sanitary Sewer $2,745/acre o typical residential lot is 60'x142' = 8520 sf (O.1955 acres); amounts to approximately $536.91 per typical single-family parcel * City SAC $475 * M[ESSA[ $2'485 Other Sewer —' The following outlines several past projects and costs pertaining to sewer service. Page cn7ofacn Whispering Oaks Sewer Extension —The lateral connection charge per parcel for this project was established at $4,168.06. These parcels are also required to pay all Sewer Connection Fees as indicated above, which totals an additional $3,041 plus $2,745/acre. 7380 CR 101 E. (Cargo Van-Go) —A public sewer extension project was completed 2014. Their total special assessment was $6,363.04. This property exists with an equivalent 2 SACs. However, the City Council waived all sewer connection fees that would have amounted to an additional $10,126.74 7480 CR 101 E. Tietjen Family Inc. (dba Ace Trailer Sales) —A public sewer extension project was completed 2014. Their total special assessment was $11,668.84. This property exists with an equivalent 6 SACS. However, the City Council waived all sewer connection fees that would have amounted to an additional $25,392.22 Hilldale Drive— A public street and utility project was completed in 2016 in the existing Hilldale Drive neighborhood that included roadway, watermain, sanitary sewer and storm sewer improvements. A special benefit consultation was performed with a valuation of a minimum amount of $28k per property. The City Council put an assessment cap of $28k per property for these improvements that also included all sewer and water connection fees within this cap, in essence waiving all sewer and water connection fees (sewer connection fees would have amounted to approximately $5,800 per property). Available Grants The County has indicated that a possible grant (through the MPCA) that the County was awarded is available to the property owner in the amount of approximately $6,000 and potentially more. This grant funding is available until August 31, 2018. SPUC has indicated that there are no grants available at this time as part of their wellhead protection plan. They have indicated that they have no such initiative underway. Property Valuation The estimated property value within the city's DataLink system is $127,200 ($52,200 Building + $75,000 Land). It should be noted that it is assumed this valuation assumes that the property exists with city sewer. Proposed Sanitary Sewer Service Options Options to provide sewer service to 225 Sommerville Street as follows: 1. Gravity— Based on the surrounding existing sanitary sewer, a gravity sewer line could be installed down the adjacent alley, easterly to connect into the existing city sewer located within Spencer Street. Preliminary estimates for this option amount to as much as $46,000. The gravity sewer could be considered public through the alley, stubbing out a private service to the property line. Page 258 of 320 2. Grinder pump—A second option to install a private grinder pump that would pump to the city sanitary sewer was also evaluated with an estimated cost of $45,000. It should also be understood that long term operation and maintenance costs would be significantly higher with a pump system, making this option less favorable. The grinder pump system should be considered a private system. It should also be noted that shallow lines should be insulated as warranted to protect the line from freezing. 3. No City involvement—A third option is for the property owner to proceed with the improvement work by permit with his own resources and no city involvement other than the required fees and inspection. Other options existing such as direction drilling that could experience cost savings that should be evaluated as alternative contractor bids. Page 259 of 320 RESOLUTION NO. 7947 A Resolution Ordering an Improvement and Preparation of Plans & Specifications for 225 Sommerville Street South Sanitary Sewer Extension WHEREAS, it was brought to the City's attention that 225 Sommerville Street is not hooked up to the city's sanitary sewer; and WHEREAS, after further investigation of this property there is no service stub present and a city sewer line is not within proximity to the property; and WHEREAS,the property owner has met with city staff to discuss options. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA: 1. That the improvement is necessary, cost effective and feasible, and is ordered as hereinafter described: 225 Sommerville Street South Sanitary Sewer Extension Improvements and all appurtenant work. 2. That the City Engineer is directed to prepare plans and specifications for the making of such improvements. 3. That the City Council shall let the contract for all or part of the improvements as authorized by Minnesota Statutes 429.041,no later than three years from the date of adoption of this resolution, contingent upon execution of an agreement for payment of special assessments by the property owner of 225 Sommerville Street South. Adopted in regular session of the City Council of the City of Shakopee, Minnesota, held this 17 day of October, 2017. Mayor of the City of Shakopee ATTEST: City Clerk Page 260 of 320 AGREEMENT FOR PAYMENT OF SPECIAL ASSESSMENTS This Agreement is entered into as of , 2017, by and between the City of Shakopee ("City") and Franklin H. Haws,Jr., 225 Sommerville Street South("Property Owner") RECITALS A. Property Owner is the owner of a parcel of land ("Property") located at 225 Sommerville Street South, Shakopee, Scott County, Minnesota. The legal description of the Property is Lot 2 Block 028, Shakopee City. B. The City is considering the construction of a public improvement project known as the 225 Sommerville Street South Sewer Extension Project ("Project"). The Project includes installation of sanitary sewer within the alley north of 3'a Avenue from the existing sanitary sewer within Spencer Street South to 225 Sommerville Street South; and all street, alley, and boulevard restoration. Upon substantial completion of the Project, the City will levy special assessments against the Property. C. The City and Property Owner have agreed that the total amount of the special assessment to be levied against the Property will not exceed $15,000. Property Owner and the City desire to enter into this Agreement to set forth the Property Owner's obligations with respect to payment of the special assessment. Now therefore in consideration of the mutual covenants and conditions set forth in this Agreement,the City and Property Owner agree as follows: 1. The Recitals are true and correct and are incorporated by reference into this Agreement. 2. Upon substantial completion of the Project, the City will levy a special assessment against the Property in an amount not to exceed $15,000. Property Owner covenants and agrees to pay the actual amount of the special assessment in accordance with state law and the City's ordinances and regulations. Property Owner may have up to 10 years to pay the special assessment. 3. Property owner shall have up to 3 years to connect to the public utilities that are being installed as part of the Project. 4. If the City levies special assessments against the Property in the amount of $15,000, Property Owner is responsible for all other costs, such as the cost of a plumbing permit, the sanitary sewer connection fees (trunk sanitary sewer charge, a city sanitary sewer availability charge, and a metropolitan sanitary sewer availability charge), the costs associated with the disconnection and abandonment and/or removal of the existing private septic system, and the costs associated with the connection to the Project improvements. Page 261 of 320 5. Property Owner waives notice of hearing and waives the right to the hearing required by Minnesota Statutes, Section 429.031 on the special assessment to be levied on the Property up to a maximum of$15,000. 6. Property Owner waives any and all rights to appeal or otherwise contest or challenge the levying of special assessments up to a maximum of$15,000 against the Property, including but not limited to the right to challenge whether the increase in fair market value resulting from the Project is at least equal to the amount that is being assessed against the Property and that such increase in fair market value is a special benefit to the Property. Property Owner further agrees that any requirements of Minnesota Statutes, Chapter 429 with respect to the adoption or levying of the special assessments are waived to the extent that those requirements are not met. 7. The covenants, waivers and agreements contained in the Agreement shall run with the Property and shall bind future owners of the Property and their heirs, successors and assigns. Property Owner agrees to provide a copy of this Agreement to any buyer of the property before Property Owner signs a purchase agreement to sell the Property. 8. Property Owner will provide any necessary easements on the Property for the project at no cost to the City. 9. If Property Owner violates any of the covenants and agreements contained in this Agreement, the City may seek any legal remedy that it is otherwise entitled to under law, including but not limited to the option to commence a legal action for monetary damages or for specific performance. Property Owner agrees that the City shall be entitled to its administrative costs, legal costs, and reasonable attorney's fees in connection with said action provided that the City is successful in such action. 10. Any notices permitted or required to be given or made pursuant to this Agreement shall be delivered personally or mailed by United States Mail to the addresses hereinafter set forth by certified or registered mail. Such notices, demand or payment shall be deemed timely given or made when delivered personally or when deposited in the United States Mail in accordance with the above. Addresses of the parties hereto are as follows: If to the City City Administrator City Hall 485 Gorman Street Shakopee, MN 55379 If to Property Owner 11. Nothing in this agreement is intended to affect any other payments that might be due to the City, or any other governmental entity, at the time that the Property is platted or subdivided. 2 Page 262 of 320 Property Owner: STATE OF MINNESOTA ) SS COUNTY OF SCOTT ) The foregoing instrument was acknowledged before me this day of , 2017,by Notary Public My Commission Expires City of Shakopee: By Its Mayor By Its City Administrator STATE OF MINNESOTA ) SS COUNTY OF SCOTT ) The foregoing instrument was acknowledged before me this day of , 2017, by and the Mayor and City Administrator,respectively, of the City of Shakopee, a municipal corporation under Minnesota law. Notary Public My Commission Expires 3 Page 263 of 320 � U C(u � V O V CJS � N N r„ D s r. i con C 5� 0 4-J CU L. u p CIO . -J 0 .M 0_ C CL SIV, - ,> cn CLQ► `✓�' to CLcn •N > >* (3) ..... -0000' E CU cy) CU a-' s- V) W V) 0 0 0 con • rq 4-j OWN 4✓ J �� f j O /i .. ,-i O V aj CL Oaj O CU JE .'�' CU r .... .. ' � J CL U. [ V , ► :�,, O -�-� O 5,._ C. C:o CL (134. 0 a) o �- L. O "r.' , O CU o ' ''""'� ._ 0) .0 L u CL 4-j O --J •c.n tU O CL c�n � i> cin eu 4-1 con 41 4-4 (A (40) 004 4-j eu o 4-1 C4 0 IU Adk m 4-4 0 (u 41 04 C4 ................................................................ .......... 4—J 0 4—J 0 >* 0 4—J 0 0. cn (3) aj Ln %.%.. 0 4--J 4—J CL CL CL CCS V) .0 -0 "n 0 4 0 tA 1. 4-j w O i b y fi N, o V r � a _IT—J ♦V 4—J a c . -1 a 4-j •- 4-1 a a- . W 4-4 Q.1 ate-+ 4-4 CL 4a Ln 4-J a-J cn 4-j Ell rq rt 5� 0 4-A „ W c n f x� �� Y k � NA aN, ^ u V e `"l a, �r v"*. �ri /✓.z 4 S .� �, '9 M�� a9 ."t'aa ✓;�`Ia �y«"/, M.2z.e�,,^. 0) 4 C� r� O 1. V) (1) Ln �= CU CU V Ln Ln � Ln •° a m c•' c cm N q� res -moi d- W 4-' y— Q�.> ON a� w O E ',- c: 4--1 y 0 v 0 C:...._ •0 Q C: V 4-J0 O• � CU cin O •— ccs n 11 Q�1 t I7 V -r-+► a tU cts C _ ._ V CCS CC3 '� � � O cU 04-JL CL -0 - ate-JCL cn CL O ro cm O Q • 9.B.2. PM*MA SHAKOPE: Shakopee City Council October 17, 2017 FROM: Steve Lillehaug, Public Works Director/City Engineer TO: Mayor & Council Members Subject: Water Resources/Environmental Engineer Policy/Action Requested: Authorize a Water Resources/Environmental Engineer within the Public Works Department. Recommendation: Authorize position. Discussion: Attached is a memo that provides the background and a recommendation to add a new Water Resources/Environmental Engineer position to city staff. Upon authorization, city staff are prepared to create a formal job description, perforin a job/market evaluation for this position, and commence hiring. Budget Impact: This position would be paid for out of the Natural Resources (20%) and Storm Water (80%) funds. A job/market evaluation will need to be performed to determine an appropriate salary range. ATTACHMENTS: D Overview Memo Page 273 of 320 City of Shakopee MEMORANDUM TO: Bill Reynolds, City Administrator Copy: Darin Nelson, Finance Director FROM: Steve Lillehaug, City Engineer/Public Works Director SUBJECT: Water Resources/Environmental Engineer DATE: October 3, 2017 This memo is written to provide the background and justification that substantiates the need for a Water Resources/Environmental Engineer position within the City of Shakopee Public Works (PW) Engineering Department, and I respectfully ask your consideration. In the short time that I have been here at Shakopee, I have evaluated the workload and the existing structure to deliver the workload. While I am continuing to evaluate all PW duties and have identified some internal adjustments that I plan to implement over the next couple of years, I have identified an immediate need and recommendation that will streamline delivering certain work tasks, provide better customer service, and result in substantial cost savings to the city pertaining to water resources. Currently, WSB is being used as the exclusive consultant for surface water resource assistance. Most notably, WSB houses the city storm water model and their staff are well educated on the city's storm water rules. They are currently being used as a direct extension of city staff, performing relatively all surface water evaluation and engineering work for the city (in lieu of any city staff member performing this work). WSB's billings associated with general storm water work amounts to well over $100k for the 7-month period from January through July 2017. Extrapolating for a full year, it equates to approximately $170k. (Note: This amount only pertains to general storm water work, understanding that the city also contracted with WSB for a substantial amount of additional work pertaining to Quarry Park, Tahpah Park, the Downtown project, Windermere, Vierling, 4t"/Shenandoah, Mill Pond dam repair and other miscellaneous projects amounting to several hundred-thousand dollars of additional billed out work for the same period, well beyond the $170k.) I have not yet developed a job description for the proposed Water Resources/Environmental Engineer, but the following is a list of tasks that would benefit by having this position: 1. MPCA MS4 NPDES permitting program requirements— MS4 program requirements are significant, take a well-trained team to stay on top of the program, and are basically unfunded mandates. It is my opinion that the current internal system lacks the required level of program management to ensure the city delivers and fulfills the requirements under the city's permit. This is a significant yearlong program and there needs to be an Page 1 of 3 Page 274 of 320 internal champion assigned as the manager. The city was recently fined $10,590 by the MPCA for a couple of basic items that were not in place, and my evaluation of the system shows that we are still lacking and need to improve to meet the requirements of our permit. This new Engineer would be assigned to lead this task. Estimated 10% Full Time Employee (FTE). 2. Development storm sewer/water resources review—All of the city's stormwater and Wetland Conservation Act review for developments are consulted out to WSB. Some developers have even referred to WSB as if WSB is another jurisdiction when in fact they are simply performing the review on behalf of the city. It is my opinion that there has been a lack of ownership and clear understanding of the city's storm water requirements internally. This new Engineer would be assigned to lead this task. It should also be noted that we would continue needing support from a primary consultant (e.g. WSB); however, to a much lesser extent. Estimated 15% FTE. 3. City stormwater improvement projects—The majority of city stormwater water improvement projects are consulted out to WSB. While I expect the majority of stormwater design projects to continue to be farmed out, this position would be the primary program manager, bringing together the issues, CIP, water resources management plan, and working with our consultants to streamline their work and keep them on track. Estimated 15% FTE. 4. Storm drainage issues—There are many lingering storm drainage issues and complaints that have not been addressed including negative impacts that have surfaced as part of development improvements, minor nuisance drainage issues, longstanding drainage issues, etc. Most of these issues are fixable and should be addressed by the city at one level or another. This new Engineer would be assigned to spearhead fully addressing these issues and more as they arise. Estimated 10% FTE. 5. Watershed Districts, PLOC, SMSC coordination— Having three-different watershed management jurisdictions, the PLOC, and the SMSC with each of their own water resource management plans, improvement projects and initiatives, staff liaison duties, etc.— this is a significant task. This new Engineer would be assigned to be the primary liaison for all stormwater and environmental matters with these multiple jurisdictions. Estimated 15% FTE. 6. Natural resources— Public Works must continue to carry on the many natural resource initiatives and programs that were performed by the Natural Resources Technician position that was recently eliminated. These continued tasks include: MS4 BMP surveys and annual inspections, native plant maintenance program, water quality monitoring program, miscellaneous grants, invasive species management, Tree City USA initiatives (tree sale, tree planting program, diseased tree program, tree watering, tree pruning, emerald ash borer program, etc.), conservation easement management, and other Page 2 of 3 Page 275 of 320 natural resources initiatives. This new Engineer would be the natural resources program manager to ensure all of these tasks and initiatives continue. Estimated 15% FTE. 7. Local Water Resources Management Plan — It is my goal to use the Local Water Resources Management Plan as a working document, updating continuously and using it as the tool to create our annual CIP pertaining to storm drainage issues and initiatives. To meet this goal effectively, there needs to be an internal champion that is well versed with our plan. Additionally, we are required to have our plan updated fall 2018. This new Engineer would be assigned this task. Estimated 15% FTE. 8. City stormwater model—WSB houses the city's digital storm water model. I expect WSB to continue to house, maintain and update the city's model, but ideally, we could expand our internal capacity to provide a lower level of technical use of the model vs. relying on WSB to provide all services at every level. This new Engineer would be assigned to be the liaison with WSB to maintain our model and to use the model at a lower level on the city's end. This new Engineer would be assigned this task. Estimated 5% FTE. The estimated FTE percentages are approximate, but demonstrate the anticipated work towards each of these tasks. The outline above represents a workload that easily equates to a full-time workload for a new Water Resources/Environmental Engineer. As indicated above, it is estimated that WSB performs approximately $170k of annual general storm water work. Going forward, it is proposed to have a better balance of project workload using combination of internal staff (new Engineer) and consultants. Additionally, the work that was performed by the Natural Resources Technician was budgeted for $56,500 in 2017, understanding that a portion of these duties would be passed on to this new Engineer. There is enough work for this position where the city would indeed experience cost savings by hiring an internal staff member that would perform more of this work, streamlining the work and providing better customer service as result of being within our office. My recommendation is to fund this position 20% out of the Natural Resources Fund and 80% out of the Surface Water Fund. Please let me know if any questions and your consideration is greatly appreciated. Page 3 of 3 Page 276 of 320 9.C.1. PM*MA SHAKOPEE Shakopee City Council October 17, 2017 FROM: Darin Nelson, Finance Director TO: Mayor and Councilmembers Subject: Monthly Financial Review - September 2017 Policy/Action Requested: Discussion on the year-to-date General Fund revenues and expenditures along with the Community Center and Ice Arena year-over-year operations comparison. Recommendation: N/A - Informational Purposes Only Discussion: September 2018 Review (See Attachment) Revenue Variances (+/- 10% of 75% Target) • Taxes - Received first half taxes in June, second half payment will come in December. • Special Assessments - This remains a negative revenue amount through the first half collection of property taxes. The negative amount is result of the payment to Republic Services for delinquent garbage bills. The city will recoup this payment through special assessments levied against the delinquent account holders. The second half tax collection in December will account for the remainder of the variance with special assessment revenues. • Licenses & Permits - Experienced another strong month in September with $205,082 of license and permit receipts. Year-to-date revenues have exceeded the 2017 budget by $524,000. • Intergovermental - The last couple months this line item had been below the monthly target, but in September the city received its Police and Fire State Aid of approximately $650,000. • Charges for Services - Recorded monthly revenue of$346,752. Contractual police services accounted for $27,120, along with SPUC franchise fees of$176,000, and Community Center/Ice Arena rental and programming of$91,300. Page 277 of 320 • Fines & Forfeits - Fines and forfeits revenue has exceeded the 2017 budget allotment of $1,500. A majority of the revenues in this category come from late fees associated with the monthly lodging tax submittals and payments related to the driving diversion program. • Miscellaneous - Interest earning receipts are slightly higher than anticipated. Expenditure Variances (+/- 10% of 75% Target) • Finance - is slightly above budget due to the timing of service contract payments such as assessing and auditing services. • Engineering - is below budget due to personnel vacancies earlier in the year. • Street Maintenance - is remains slightly higher than budget due to the timing of the chip sealing and striping contracts that amounted to approximately $410,000. The chip sealing contract was paid in June of this year compared to September in the prior year. In addition, the 2017 trail sealcoat and crack seal project of$68,000 was paid in September. As the construction season nears an end, budget to actual expenditures will begin to draw closer. • Unallocated - This division accounts for items that cannot be specifically assigned to specific departments or divisions. Included in this division is the city's contingency allotment of$1101000. • All other departments/divisions are within +/-10% of the September 30, 2017 target date. Community Center & Ice Arena Year-over-Year Comparison (See Attachment) Ice arena revenues are at $407,751 through September 30, which is approximately $192,000 greater than this same time last year. Ice rental revenues are expected to begin ramping up as the association hockey season has already started and will be in full operation by the end of October. Ice arena expenditures are remaining steady from month-to-month. As previously mentioned we are monitoring the utility costs, as the gas and electric charges are more than originally anticipated. The ice arena should recognize a savings in part-time salaries that will offset the utility variance. Community center revenues surpassed the 2017 budget back in August. We are still anticipating a significant number of new and renewing memberships between now and the end of the calendar year. Page 278 of 320 Community center expenditures are running within the overall anticipated budget. The aquatics center just came on-line in July, which will have an effect on both revenues and expenditures. Electric charges have about doubled since about July 1, which is likely a combination of summer cooling costs and the aquatics center opening. Budget Impact: No Budget Impact ATTACHMENTS: D September 2017 Monthly Financial Report D September 2017 Community Center & Ice Arena Year-to-Year Comparison Page 279 of 320 CITY OF SHAKOPEE Monthly Financial Report YTD September YTD Budget Cumulative 9 2017 2017 2017 Balance Percent 2016 Budget Actual Actual Remaining Used Actual 01000-GENERAL FUND REVENUES: *- TAXES (16,568,400) (42,579) (8,747,103) (7,821,297) 53% (9,064,040) *- SPECIAL ASSESSMENTS (12,000) 0 6,163 (18,163) (51)% qo 6,025 *-LICENSES AND PERMITS (1,683,400) (205,082) (2,207,514) 524,114 131% ioii (2,008,439) *-INTERGOVERNMENTAL (1,287,100) (663,838) (1,293,553) 6,453 101% (1,185,216) *- CHARGES FOR SERVICES (4,937,400) (346,752) (4,155,978) (781,422) 84% fy (3,459,525) *-FINES AND FORFEITS (1,500) (100) (2,219) 719 148% (4,699) *-MISCELLANEOUS (213,400) (14,171) (179,747) (33,653) 84% „q> (165,426) TOTAL REVENUES (24,703,200) (1,272,522) (16,579,950) (8,123,250) 67% „q> (15,881,321) EXPENDITURES: 11 -MAYOR&COUNCIL 197,900 32,875 150,482 47,418 76% „q> 148,949 12-ADMINISTRATION 1,707,000 146,304 1,210,620 496,380 71% ;°y 911,240 13 - CITY CLERK 318,000 21,267 225,679 92,321 71% ;°y 213,933 15 -FINANCE 1,207,900 82,407 970,517 237,383 80% „q> 897,935 17- COMMUNITY DEVELOPMENT 586,800 79,963 459,987 126,813 78% `y 319,961 18-FACILITIES 384,800 38,116 295,440 89,360 77% „q> 245,055 31 -POLICE DEPARTMENT 7,980,000 603,797 5,945,186 2,034,814 75% `y 5,342,301 32-FIRE 2,160,400 129,506 1,645,706 514,694 76% 1,303,606 33 - INSPECTION-BLDG-PLMBG-HTG 796,200 71,651 628,278 167,922 79% `y 480,753 41 -ENGINEERING 786,200 50,952 471,611 314,589 60% iii 452,595 42- STREET MAINTENANCE 2,151,100 173,990 1,749,160 401,940 81% ;"y 1,394,518 44-FLEET 435,000 26,763 303,325 131,675 70% 289,776 46-PARK MAINTENANCE 1,936,300 152,600 1,409,938 526,362 73% „q> 1,063,079 66-NATURAL RESOURCES 198,000 3,440 146,209 51,791 74% ;°y 120,438 67-RECREATION 3,190,000 262,212 2,332,973 857,027 73% ;"y 1,703,967 91 - UNALLOCATED 217,600 256 12,620 204,980 6% 9,917 TOTAL EXPENDITURES 24,253,200 1,876,097 17,957,731 6,295,469 74% `y 14,898,023 OTHER FINANCING *- TRANSFERS IN (250,000) 0 (250,000) 0 100% (250,000) *- TRANSFERS OUT 700,000 0 700,000 0 100% 2,100,000 OTHER FINANCING TOTAL 450,000 0 450,000 0 100% 1,850,000 FUND TOTAL 0 603,576 1,827,781 (1,827,781) 866,702 Key Varies more than 10%than budget positively Varies more than 10%than budget negatively Within 10% of budget Page 280 of 320 COMMUNITY CENTER BUDGET TO ACTUAL Business Budget Sep YTD Sep YTD Sep YTD Sep YTD Unit 2017 Actual Actual Actual Actual Year 2016 2017 Year Variance Variance % 0673 - ICE ARENA REVENUES (657,500.00) (215,426.29) (407,751.42) (192,325.13) 89.28 WAGES AND BENEFITS 286,000.00 121,119.35 183,495.21 62,375.86 51.50 OPERATING EXPENDITURES 391,350.00 130,482.48 325,132.61 194,650.13 149.18 0673 - ICE ARENA 19,850.00 36,175.54 100,876.40 64,700.86 178.85 0674 & 0678 - COMMUNITY CENTER REVENUES (385,900.00) (177,124.17) (463,607.77) (286,483.60) 161.74 WAGES AND BENEFITS 566,100.00 339,593.41 421,840.95 82,247.54 24.22 OPERATING EXPENDITURES 455,300.00 232,767.80 320,132.25 87,364.45 37.53 0674 &0678- COMMUNITY CENTER 635,500.00 395,237.04 278,365.43 (116,871.61) (29.57) 10/12/2017 11:03:08 AM Page 281 of 320 Page 1 of 1 I.O.A. PM*MA SHAKOPE: Shakopee City Council October 17, 2017 FROM: Darin Nelson TO: Mayor and Council Members Subject: City Bill List Policy/Action Requested: None Recommendation: Informational Only Discussion: Attached is the most recent monthly Financial Report for the General fund. These reports reflect the expenditures as recorded for 2017 activity. The following transactions are notable for this reporting cycle: • Rosenbauer Minnesota LLC requested payment for 2 fire truck chassis, $498,566.00. • RJM requested pay voucher #21 for the Community Center/Ice arena project $464,206.91 and pay voucher #1 for the Shakopee Downtown Improvements project, $37,150.95. • Towmaster,Inc requested payment for snowplow hook system accessories $123,901.00. Included in the check list are various refunds, returns, and pass through. Budget Impact: Operating and capital expenditures within the 2017 budget ATTACHMENTS: D Monthly Financial Report D Council Check Summary Page 282 of 320 D Council Check Register D Bill List Transfer Page 283 of 320 A D, � M � O kn `D kn r- N N N kn to O O M 17 ll: 00 00 O O M .�- W) V) ,--i V) `D M ,--i `D 4 4 00 kr) a) M O x kr) O 't O � OC 00 zt kc) N 00 't - Cl "D N M N U CC:) m M � kc) k V) M M 0 0 0 o a o 0 0 0 0 0 0 0 0 0 0 l-- tf) � C', O - O M 'T M `D v w � 00 OC l- l-- l� l� �lD 00 � � � r-- 00 00 4, N Vl O, It M 00 V) N V7 N - OC c) zt a, OC D1 01 `D 00 O V) `D a1 �,c .--I It 00 N r-- D1 kr) N O, O, v) l O oC N •.. l� N .-- N M 00 O 4tl� M O tf 4 O Q, d, M O OC r, O `D .-- O M N kr) tf) O M 7:: V) 00 N N N M to .--i 00 Vl �-c `D L-- N V) 00 O, 00 V) x 00 O kn O .-- O O M - a1 'T M O M M GO -� ll:� O 00 M�A 00 � N -� N� � M � a1 S O N O M O � H O V) N � 00 O, ItW') ML-- kr) O It M �-- W C NCd N ao a .. 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U 0 Q 0 = a LL W LL Q O w U W O 00 co V ❑ M W n LO ao M 00 O V N LL C) V LO V LO LO C) co N 0o N C) M Z T 00 N N V V N N N N O) w 0o .Q O 7 n ao W O O O O O O O O O O M O h O O LL O J O O O r w F Y Y Y Y Y Y Y Y Y Y LO LO O O O O LO Ln W (D n (O W (O (D h n O M (N LO LO C O) O) O O O O n n O) O) q q q q O) O) O) N 7 n W V V DW W LO LO O O W W W W O W W W (D n W O O V V O LO LO 00 00 O O N N N N N N N N N N N O W O a MO) NNNNNNNNNNWE O W W M M O O O N N N N N N N N N J � h h N N In lC7 1{7 LC) N ❑ O O O O O O O O O N r r r r r r r r r Y Cf O N Cl) N LO N n U N N N NLr) NLf) NLr) N N N Y Ln M � Cl) M °C r Page 288 of 320r U) W F- z w LU N LL U) U) w F U ) N O p p Z Cl) pW 00 J LL LL ZQ Of LU LL n U Of aS od ~ o6 o O 0_ Z Z_ U w W O Z_ M d LL Q Q z Q } LaL Q O LL C Q w LL -i� U U g w z U O K p 2 2 w w Lu Q = O w W' J J J w l W J m m (i) U U ¢ ¢ w U) OU LL OU V) v7 w W J J Cn ' W aLU LU LU a J ? U w w U U W Cf) LL w ° c Of a s _z _Z U d Q o w LL LL w w LL U z z <n Z z > > (n U) Q Q z D Q Q LL Q Q fn VJ LL LL Q (n p O C7 C7 O O ~ Z � UL UL d U U' Z Z d d w w U' z z Irz z a s ir � g g z o o w o o Of0� w w LL LL o Q D D H D a a H H JU ' D a m m O m m O O O O w w m O a) a m O z In lt) r- LO LO N N � O O O N C ry Cl O N N co O � co co co Cl) Cl) N N M CO N N N N N N N O O O O O O O O O O O O O O J E U N 00 00 M M V V r V co V W N W of N N M n N n N O Q M 00 (D (D n n (D Cl) O CO W f) O O 00 O O O O n n O O O O T Cf)a 'o O 2 m Y U) 2 ao O � � O LLs d O Cl) } L Y O (p � F O z (D N co 00 00 m C �-' �-' 7 7 NO N N0 LO C LO It O — Nm N co co n n O O N M n n O O O N LO Ln O O d) M n Ln N 00 O U LO LO 6) O (D O O LO LO O () C M LO LO W M M n n m LO (D r O O Ln N Cl) Cl) 7 N N N LO W UO z r O O) W M co NN N Ln N M 0 U r r a r IL r r r r r r r r r r a J N O a U LU LLIxt Q w z U J U _ z O a o w w ? a RLU LL w 2 atS F LLIZ O U z oc O z z w w U z a U Z Z J H Z Z U W Q z U y O c U d d LL J U) U W Q W_ z O W J J J Or y W Z Q Q m O j Q Q } W W 2 = 2 N m H z z a Q F J (� ac W W J L=i C7 C7 C7 0 0 2 2 2 2 W W [If O O n M m m n m v Ln N 00 �' O M N O C14 04 m LO 00 n fn0 O Lf) W W L 0) M 00 O M w O N X X o o r o o r o 0 (n r w w O O O O O 6) (D LD O V n 00 In Cl) Cl) O O N N O O C O O O O O M M n N Ln M n n Ln (D (D O O Ln Ln O W LO LO O LO LO M (D m m L` N N LO LO LO p) p) N N V V O 6) 7 7 n n (o M m (o 7 M M (D N LO 7 7 O O E 0) W o0 LO LO Cl) LO co O Cl) Cl) (D M M Ln Ln O O O O N N N N N N N N N N p O O O O O O O O O O N r r r r r r r r r r n 00 A O N M Ln to Y N N N M M M M Mm M U N N N N N N N N N N Lf) Y Ln L1) In Lf) Lf) LL7 Ln Lo Lo N LO O M r r M r r r r r r °C r Page 289 of 320 N H F z N Z Z Z 00 a a a n LLI w 20 20 20 C) _ F- F- F- w 0 LO O w w LU LU w U ❑ o a z g g C) g o a z Q N d a a LL N Z O V) w U J W Q d Z d W d w w a w (n w LU zJ = J Q_' w LL Q ¢ U w w LLI 0] O Z Q LL ❑ U LL d' d Ln d d d CO V) w w w w w J J L) z a z LL 3 w w = z zIL� z D w U U (n ° c d w U) cn W � d z z z z F- z o. o LL w w w w w > Q Q Q Q (n Q U J J J In Z_ U w d Q D ❑ Z z 7 7 ❑ w ❑ z z z Z ❑ Z LL cn (n (n a w w w w w w w z 2 2 2 2 LU 2 V V w o w_ a_ a _a _w ¢ LL_ U w x LL LL LL x J LL ❑ ❑ ❑ ❑ ❑ Q LL H LL LL LL F w d d d d ¢ d O O 0 0 0 0 00 ❑ w w w w ❑ w d O O 7 O Z N r- O O O n LO O CD CD O CO O C O N N M V O V N co N N N Cl) Cl) O Cl) Cl) N co of N (6 O (D (D O O O O O N O O O O 7 (D J U r r r LO M Ln Ln LO Er- M N r L` r Nm N N n N O Q (0 co M O M O (D n (D co (0 to LL, T O O O O O 7 O O O n O O O O d -o O Y U) 2 as U � y y O O LL U N O d d � W ZO N _ n0 CO r O 00 ~ L � Ln N LO O Cl) In O O O O Cl) VU C 00 (D (D I� n r M O O n LO O U — o r-- o 00 Cl) o � r cnD n P- 0 U p- Z Z Z Z � r rn rn Oo O O n (0 m m M r O Cl) N N Cl) n O U U r N LO (D (D W d) L` V n Cl) O LO Cl) Z d) d) W W W O W W 00 00 61 d) W 00 OJ r r L) r r r r r r r r r r r r ❑ a J a J v � N Z N Z U) O G H a Oa z J U U yU) 7 J Z LU F w LL LLI z LL 0 O Q r2 Z w O Z Ow U) w x � M d a Z Lu J ly Q 0 a W O LL Q O Q F F U 3 O Q N O 0 LU LLI O 0 Ir w a J Y o0 LO w x O Q 0 Z U) F w 7 w m 00 7 Q w x Z Z O Z d Y LO Y Y � J m N m O (o Q n ❑ v J to g 00 tz 0 CD CD C42LO 0 n N O 0) O F O w 000 ❑ 00 O N d 000 O O Q N O Q O ZLL, LL N � LL N d O LU (n r ov U Of Cl) w ❑ LO LO O 7 O V V O O W 00 N 00 N N O O Cl) Cl) C 00 00 n n (D N n (D N N n n (D (D V O O O O a0 [O 0 LO LO LO O V O O NN W 00 V n M O) O) O O O O) O OD 00 r LO 00 7 O n n 7 (D MV (D (D O O O T E (0 (D r N M M N N co 00 Cl) Cl) Q N N r O O O O N N N N N N N N N J (6 N h N N IA N 1n L{7 N ❑ O O O O O O O O O N r r r r r r r r r Y M M M M � Cl) U N N N N N N N N N Y F r r r r r °C r Page 2190 of 320 N � F � N Z 00 Q n F w O F- Z z W Z O W w Q O (D LLI a O a N ,• d ~ z H ~ z WLU H ac z Q w z O w a w < a a y J d (n w (n Q L Of O Q Y g z LULL z LL �_ w Q a -j aQ 0 p w o w O m a LL U a w Q U) p Q Of a p (D (D Z _Z y y Z Z W W J J • a s J LLQ U J CO d U LU > > O O LU U O O U c y y O a o c z z S 2 K = z z U U U U) w W U W U)LL LWL LL o p F- � z O Z O O O p � z z w H W a- a a w w o LU m m d a LL � w LL w CO cn O 2 a s p p Z i 2 Z = W W Q H w w d O O D H O H z Z O K K W W U U O U O LL LL `m a O z n n n O O N O n N n N O (9 V V I� CD N n N N N co co co N N V co co 7 co W 00 (6 O c0 O O O O O O [O O (q 7 7 E QU LO _ _ _ _ M P N� N N N � N N LLQ ) O O O O O O n N O O N N T d � -o O Y in Q n LL N LL 0 N U � a O Lu U Q Z LO LOv W K r- >O 10 M M Q 7 O CNO C U C of of O) m N r m 00 N Q N "SS U C y co r r N N w Or Q r Y UOW _ V O N OM Cl) N Cl) O (O CO Z > m rn rn rn rn co rn W rn ro rn ao ao o Wr r r r r r r a r r r r r p y y W ~ C) J > G U U LU 2 y J W U Q H U) W d pZ y O W y w QJ W H Q LU W z H Q w '-W En z Z W J Q U Q W Z W W W Z ❑ C7 a m O W N W _ z Q Q U Q O p C L ~ V w a U p a p z ~O 2 w O o Z W y W y a y J y K O W ~ Q Z O W Q W J W O 2 LU W � Q CL Q m < < p U p W Z Z Z Z Q LL J J O O J r2 L� r2 r2 � rL r2 r2 Q Y N r N N O 0 n Q1 z t0 (� LO O M to n N V O F t0 M01 p p N N U O W a O (O (O ao rn _ a n o n o W W Q N r O r Q O O U O O cn r r r v a2E - r r O O n 00 u) (O (n O O Ov v O O O O O O O O O c O O(l) (") n V V O) O O V V O O O O O O N Lq n DO O O O O V V co (O LO V V O O O O LO LO (O N co E LO LO M M N N N 7 (O (O � O O to to ClNClNU') N n Q r r V V N N r r N N O O y n n n n n n n n n O O N N N N N N N N N J N N h N N 1i1 to N 1{'i h p O O O O O O O O O N r r r r r r r r r Y # C14 m a a a a a L w Ln U N N N N N N N N N Y U� M M M °C r Page 291 of 320 r U W 0 IL n 0 N O H ❑ N ❑ CO Z 00 z U W Q H n Z � � F z 0 LU O M J_ ~ Z_ MW U LLL, WQ W W O 01 Q LL 1Qi U ? U Q Z c 0 LL N U Q } LUU W W C7 W W W O (n K H WC (n W O } J Y Q W W W W Y Y W U m (n U m LQL O jr LLI Ir 0-1 d U W LL LL LL d wW d � ❑ LL W W W W W J J J J J O LU CL m m U c c W W W W W W a O W U U U U U U Z_ Z_ Z_ Z_ Z_ ~ LLI U (n w w w w W' CC Q Q Q Q Q CO H UA uVi LL W W W W W W22222 z LL 0 (n (n (n (n (n Cl) F- F- F- F- F- W W O ❑ Ur Ur Ur (D CD Ur U z Z Z Z Z ❑ U 0 c LL Z Z Z Z Z Z W W W W W W Q W LL w LL LL LL LL LL C7 � O Q �LU LU w w w w w w w 0 0 0 0 0 a Q F- 0 U U U U U U w w w w w w ❑ O a� a CL) 0 z _ n N N CO CO N N N O O O O O In O n C N N N N N N N CO V V N N N O CO N � co co co co co M co Cl) N N N N N W N n co N O O O O O O O O O O O O O O 7 O O N J E U O M N m 00 (D M n r r In CD In O M O W (D N n I� f• N V N N N N (— O O Q co V O O co V V M M CO V CD V Cl) w T n O O O O O O O O O O O O O 7 N O U d � -o O Y in 2 v d U CD � w O w o m co N w r } L Y O n O CD CD CD LO Cn co F U Z Cl) o n n n n n o U U L C O On h h h ti ti W O O O O O (D O c U — O M M MM M M OD n V V V V V O (D n — O W W W WW W CD O O O O O W W UQ 0 0 0 0 0 0 0 n o0 0 0 0 0 r oo N C r r r r r r r n N LO C[) C[) Cc) C[) W r > O O 7 cD O m O (fl d) 7 cD O n r O N Z V LO U oo O oo (A O O r O (A O O O M O a r O ZN W (D (D (D IT f17 (fl W W W O d1 W W N CD or r r r r r r r r r r r r r r O r r ❑ U Z Y Q U m Z Q' 0a y LL J O U 0 U Z U Z U ~ Z 3: W O ? a ❑ w 0 (n U ( d gZ W Z F O U Z ^ ~ W g LLI Z ~ W N Z W LL LU LU Fa O 0 Q? O Z N 2 2 W 76 7 d dJ W d U LL Q z 7 > a O w0 O z LL W r2 Z ❑ Z U Z Z z O N -.o V Cl) ❑ 61 N O IT N Z Z Z n N M Z Cn M >Z Cl) Q O W W W O O N LL N N > O U r U U U -j O D O O 0 0 0 0 0 0 0 (u m v (. 0) 0 0 0 0 0 0 0 0 0 0 C O O O O O O O O O M M cn n V O0 CO N O O O O UD UD C 1 (3) DO O N W O (1 n 00 (n ( (O (D h N W W M O O O O N N O O O O O O 7 7 M M O (D 7 7 V r n O O (0 (D n n E (O (O W m Cn m (O (O M n n (D (n Q O O N r r V N V O0 oo O O CO CD N N O O U n n n n n n n n U O N N N N N N N N J � IA h N 171 N 1n 117 l71 ❑ O O O O O O O O N r r r r r r r r Y # 1m 1N cW)i 11 (O LC) (OD (G U N N N N N N N N ul Y U� M M M r Fage 292 of 320 r U w Q O z w } a � Q N O 0 W J p U N O Oz O w oow zQ w d z U LLow z z Q z z z N w z O O z w w w o L w O O W z H H w LD LL 7 Z Qot$ ~ ~ Z p¢p J O Z W W Z Z Z J J o O O p z z U z g d d z U g g z ~ ~ CO LLQ p p w Q p O O O O p O w O w 0 m coa s ? � Q Q LL U co p U w w Q m w U m U z J W W Z J J p aa. a. U 3 C7 J J U` U' U` (D (D Z U) CO U) U C z () U) z Z Z Z Z CD LU LU LU J J J <J ° = z_ z_ w LL LL LL 0 M Q o LL LL LL O LL U O Q ¢ m m m m m p U) w (r w o U) z z a a a a a J A Of co z z Z Z Z W C7 Z z z z LU w z z z z z ¢ ¢ w z LU LU - w 0 a s H H H H HzLU LU o LL LL n C.7 _J p p W W W W J W ¢ Z O O QC L w L L Q Q z ::) O O a a a w a O w w M M M M a w m w w p 0 0 0 0 O N N m M M a o 0 0 0 � 0 0 � r r O z N O O CO M M M (O (n (n N O O O O N N N r N C N N Cl) M M M M M V V W O O O n O N N N M co M Cl) M N N M n n n V N N N V N N O c0 CO c0 O CO O O CO CO CO cD CD r r c0 c0 (q cD cD c0 J E (Uj N N N CO M (n N M M O O V V M V n N � N N N M Cl) O n O O N r n N n Q CO M M n V O W W M M CO (O W O O O O O O O O n O N V n n O O O O O O T d � -o O Y in 2 aa'i LL CDN O O O O O O Y O W r W W W W W W >- L Y O Or- W OM p m m m m m m F U Z LO (r N W 00 U U L C V O O r O O M n O O (0 (0 C U — N M M M O O O lfJ O O l(7 l0LL LL LL LL LL LL = — N O O O t` CD M M N N n n W W W W W W O U r � � � � r r N (O E U C V N N n C (O (0 (0 (n (n (n (n (n Un 0 N N LO W O O CA M OD a) M M M M M M M M M M O W o7 07 W W W O N W W 0o W 61 61 O O O O O O Z or r r r r r r r r r r r r r r r r r r r p U 0 Z J Na_ V F 0 w Z Z LU ri)W N LU W p Z F- O Z U) Q LL ZO w H Z LU w Z Q H F- (6 H W H r N W p p UCf co ) C7 W W w':3 LU w' m C O LU -jO 00 Q J w QLL, Z a LL LL J VZ d w 0 (n 2 Y OU z Z > > y C) LLI y a a o. O O a z m o ~ z z O w w Q W to rn co v w Q 0 COw p CD N O � m m U) Z Z M LO 0 N N Z Cn Z W fn O U (U7 Q O w w (fl Q O r r O U) d' >- 2 Z 0 Z) O W W 0 U) r m d' Z LL F Of Of 00 00 O O O O O O O O O O (n (O N (D O O O C� O 00 7 O C OJ OJ (O (O V O O O (U) O (U) O n n GT 00 O O O (YJ n M N (O W N N (D M O N N V Cl) V (U) O W W O (D n Cl) co (D (n (O 0) 1-- 0 00 00 N (n 00 7 7 co O N m co LO W N O LO W W (fl 7 N (O W 7 r E N N 00 (O 7 r N (O 00 7 r N M N N (n r Q N n z C cr OO M (D O V V m V (U) N N V O O U n n n n n n n n O O N N N N N N N N J � IA h N N 1i1 N 1n 47 p O O O O O O O O N r r r r r r r r Y # w (ND w w (Cl) CT IO c00 (n0 (OO U N N N N N N N N Y Cl) r r r r r Page 293 of 320 J W O LL N J U) N Q m w w LU (D O W W m� W d Z M ❑ (D (DLL W O _ N _ z Q Q ~ D Lr IL c L=L Q Q W O W L F a' J 2 2LL D O O N Q = Q d' F z z W cn T (Y Z W W Q W 2 O Q Q Q m C7 (n cn l ❑ LL a s cn Q (7 z Z Q (f) U) c J N W W W U U U 00 c .c K ly U) (1) 0 2 0 H H L) U (w � W W w LL LL LL LL LLW o O O O O W W O z as a LL LL W W LL LL a W W W w w 0) U) (D (D w w U) w w H z z z z H O D (n (n O O LL LL LL LL O U d o O Q 7 O Z O (p (p n n OJ N n N c W C9 Co N N N N N p- 0 M co Cl) Cl) W W Cl) Cl) M 7 E O N c0 c0 (O (O 7 7 (D (D (O (O J c O 6) O � N O E Q O n n (rl-0N N n n r N W O n n (O O N N O O O O dT U) � -o O Y in � N N LL LL LLI (n ~ LL (� N W' (n cn OLU CDLL HL O m O O d a'S M O O U L Z 00 00Q ❑ MO N r c H CD CD — d z LL Q M m U O U W M O co O Q O Z n On -jO O � O (j C (n O N O N F Y Q M N O U M O O M M( NO co 00 M O Cl) O Z Or r r r Z r r r r r r W r O O a' ❑ ~ w W Z aLL O cn LL U Q ° z o o W w } m z J W W W J fn Z 0 m J w LL W Z wZ rL m w O W U) FO w f� = O w IL U) H ULL m ~ ❑ °� Q ❑ Z W S W U W z } 0 0 O Z w U w o U W d F U O U p a Z a o y Q LU F Y `� F } Y 7) UL Q O_ Q Q U (n U OU J U H H W 2 Wm LL N N (n W (n (n Y Q N z z W U m N 2� W W M N m M C4 O N n (O W n N M M 2 (O N N N W W N N Cl) (O 7 Cl) a. O N W W M N >�G> N Q O O N = O N N O O O d'CD CD LU O O > O U) Q r Q Q Z NM LO LO O O O O O O O O O O O O O O O C 0J M LOC) O O O O O V V O O O LO LO O O 0 OO) n co O (D O) O) LO O O N V V O O N Ln ( LO O O W W 7 r N V V O LO LO 7 7 Q n O LO M M O O O O N N N N N N N N N J � N l0 N N I[I N 117 N N ❑ O O O O O O O O O N r r r r r r r r r � O m O N Cl) N w Y m m n n n n n n U N N N N N N N Lr)N LnN ul Y LO O M r r M r r r r r r Page 294 of 320 LL LL LL m m m m m Y Y Y Y Y Y Y Y U U U O O O U O N (n (n d d d d d d d d pj ❑ ❑ W W W W W W W W W w U` < < < < < < < LL LL W W W W m m m _Z _Z Z Z_ Z_ O m m m m m ' US 06 J J J J Q Q Q Q Q Q Q Q d Q Q Q Q Q M z z O O O O w ? m } } } } s as as ❑ ❑ ❑ ❑ ❑ cece °u xxQ Q LL LL LL LL a > > > > >Q Q Q Q Q Q Q Q ZZ Z Z Z Zd2 2 2 2 2 2 2 2 Q Q Q 0 0 0 0 0 W Q Q Q Q Q w w cC w w w w w w w w w w w (�7 (�7 (�7 (�7 (�7 > C W (J Q Q Q Q J J W W W W W W W W J J J J Y Y W Y } } } } } y y j of O O m m m m = Q Q Q Q Q Q Q J J J J J Q Q Q Q Q Q m LL LL U LL J J J J Q Q (n (n (n (n (n (n (n (n LL LL LL LL LL LL (n LL LL LL LL LL LL U LL LL LL LL LL LL LL a W W d J J 3 W W c W W a O LL U LL LL a� O O U U U U U U U U U U U U U U U U U U U U z z LL' LL' LL' 0C K �' �' K K K K K K CC K K K of K K I-- LU w � � of a � U O U W W U W U U U U U U U U U W W U W U W U U W U W W U W W U } } w w w O w w w w w w w w w w O w w w w w w O w Q Q Q J J J Q W H J Q J J J J J J J J J Q W � J Q J Q J J Q J Q Q J Q W H J LL LL w w w U) U) w w w w w w w w w w cn U) w w w w w w cn cn w a) a 0 z O O N (D N N 7 (D W N 7 N N N N N N N N N 7 Co W N 7 N 7 N N 7 N 7 7 N 7 (D N C M M CD CD CD CD (D (D (D (D (O (O (D (D CO CD CD CD CD CD CD CD (D (D (D (D (O (D (D CO CD CD CD CD CD CD Co O O M M M M M M M M M M M M M M M M M M M M M M M M M M M M M M M M M M M m o (o cD cfl co cD cD m cD cD cD cD cD cD cD cD cD cD cD co co co cD cD cD cD cD cD cD cD cD cD cD cD cD cD cD cD J (Uj N N N N Q N N N a2 W W W W N N N N N N N N N N N N N N M M M M M f� N N N N N U M M 7 M (o (0 7 7 7 7 7 7 7 7 M M M M co Co 7 0 (o (o (D (D (D (D (D to (D (D O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O T � d � -o O Y U) Q a> y LL y. ' Z Z O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O U W W N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N Z } } W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W d Q Q m m m m m m m m m m m m m m m m m m m m m m m m m m m m m m m m m m m U CJ c d d 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 U U U U U U U U U U U U U U U U U U U U U U U U U U U U U U U U U U U U c N N O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O 0 U O O N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N U 61 61 d) D) D1 D) D7 D7 O) O) d) d) d) d) d) d) d) d) D1 D) 41 07 D7 O) d) d) d) 61 d) d) d) d) d) d) D) D) D1 Z r r r r r r r r r r r r r r r r r r r r r r r r r r r r r r r r r r r r r ❑ Z N U a LL J W F- -j 7 W U J W m LL LL Q W LU JW _ O QCL Y Z LL, Y H o. 2 w I<- x x0) d U) CO I LU 00 M ❑ i N N N N N N N N N (n O 00 0) O N N (`') In O W OJ O 7 N (n LL M O O O O O O O O O ) O O 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LD Lb O O m W M N 00 M m O Ln V 0) N N Un O M (to- OO O (OT V M N h N M m 01 N Ln m to E7 7 M 00 � m r r m r N co O 7 M 7 r Uf) M 7 r r cc N m N m N r M Q r r r r r O O CO h O O O JN O N ❑ O N U N LnY °C Page 297 of 320 n M N � U) (n CO (n (n 00 W W W W W LL LL W W W W W h od .6 _Z ~ ~ ~ ~ -,5 ~ Z Z Z Z Z U 0 05 O W W W W W W W J J J J J J m m m Z cr Of cr � z Q U U U U z U a s a a a O z z CL v� cn v� cn cn cn u� Q O Q Q Q Q Q Q cC Q O O Q Q cn co a) N H H H H H H H H ~ H m W W U U U U W W W W W H U m m w w m m m J J J J J J J J w J Y U U Q Q Q Q Q W J W Y Y W W Y Y Y J J_ J J J J Q Q Q Q Q Q Q Q O O O O O O w w w w w ? p Q Q Q Q Q Q Q Q Q m Q L L L L L L L U') Q d d a- U U U U U U U U U U Q U rn d d cn cn d d d w Q Q w w w d 3 C C O C o O U N O) _U U U _U _U _U U U U U U U U U W w 0� U U U U U U U W w 0� (.� W w K W U U W U W W U U U W 0- W U U U W W LU LU LU Q J J LU LU O J Q W O J J J J J J J Q W LU LU LU LU LU LU LU O J Q W O Q J J Q J Q W J J J Q LU LU LU LU LU LU O Q J J J Q W w w (n w (n (n w w w w w w w U) U) w U) U) S W W W () w w w U) W W W S U) `m O z N N of N V CD do N N N N NC N N V CO ao N V CD W V N N V N V CO N N N V OO V N N N V O CO CO CO CO CO CO CO (O CO CO CO CO CO CO CO CO CO CO CO CO CO CO (O CO CO CO CO CO CO CO CO CO CO CO CO CO CO t0 CO O M M M M M M M M M M M M M M M M M M M M M M M M M M M M M M M M M M M M M M M N O c0 c0 c0 c0 c0 c0 c0 c0 c0 c0 c0 O c0 O O c0 c0 c0 c0 c0 c0 c0 c0 c0 c0 c0 O O O O c0 c0 c0 c0 c0 c0 (0 c0 c0 J E (Uj V M M M M M M M h V CO r r OD OD W OD M M M M M h V CO h OD OD h h OD OD W W V V N N N N N N N N N N N h h h h h h h h h N N h N N N N N N N N N N N N N U Q (O M M M M M M M V (O (O M M (O (O (O (O (O (O (O CO CO V (O CO V O O V V (O (O (O M (O CO V V V W O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O T U)d � -o O Y U) Q a) y = O) N h h h h h h h h h h h h h h h h h h h h h h h h h h h h h h h h h h h h h h h co CDo 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 O U N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N Z W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W v m m m m m m m m m m m m m m m m m m m m m m m m m m m m m m m m m m m m m m m U CJ c 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 U U U U U U U U U U U U U U U U U U U U U U U U U U U U U U U U U U U U U U U U c 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 O N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N U O 61 61 d) 61 d) O O d) 41 41 41 4) d) 61 d) d) d) 61 61 61 O O d) 41 41 41 4) d) 61 61 61 d) 61 61 d) O O d) 41 Z r r r r r r r r r r r r r r r r r r r r r r r r r r r r r r r r r r r r r r r 0 � U O IL J H 7 U J m 7 a W W o a m Q 2 o to W N M � N O O O O O O O O O O O O O O O O O O O O O O O O O O O O p O O O O O O O O O O _ M O O O O O O O O O O O O O O O O O O O- p O V V V V V V V m V r O w N N N N O V V . . N O- h LO LO LO M LO M In N M l() N V O O O O O O O O O O O V d) CO CO In h h h M O O O O O) O N V V V V V V V (O hh m m O O O O O O O O O O V LO co O O CO O O O O O (n (D (D (D (D (D (D (0 (0 cc O O CO (D h h h h h h h h h h h h OD r r r r r r r r r r N N N CO N O CO h t%1 7 (O O w N O O OD 7 (0 M N 7 m N M O CO m O m c O N 7 O Un N 7 C OD M O) M LO OD (R (0 CO O O O h N h V V O) O) O OD cq N h LO LO OD N O h O V (0 O M h N h CO N M h (0 CO (0 LO O M M W W (0 V V 41 h CO CO h h M a1 a1 h CO N N h O 7 h W h LO r W N 7 M 7 W LO O h W O LO O O 7 r N V V (0 r (0 r LO LO 7 E O O) N r W Cl) Cl) M Cl) (D O UO (0 (0 N Q N r r h (0 r r (V O O Cn h O O O J N O N � O N � Y ti U N LnY °C Page 298 of 320 F z w u WN � O W Z Q J WW W W 2 (D 0 ❑ O m W ¢ W W W � Q J Z Z UL w � a U (O O Q 10 _ d o ¢ Z 2 ¢ ¢ Q U Z o 2 J ¢ d (n N Q Q Q Q Q > > O W N O F F 7 W J 2 2 2 W l F W z F J Z W W N W ¢ Er H �' �' T U LLI U) w O Z U ¢ ❑ O J U = W (n W W W L¢t_ Y Z U) _ a Q OL: w w w wQ w Z w O O 0 O m d U co J w w w cn d of LL 0- U U U w w U) w U) J ' W d CL 3 W W LU Z U U a U U) o - > > > > C ~ W K C/) W' Z a oCO LLI d > w W Q W 0 o F O O O z z UU U U U U U LLI < CL CLC7 C7 W W K Km Of � C7 2 d' d' _Z _Z W. O0 W U U U U U W w U ¢ F W W ❑ ❑ W W d 0 W W W W W W Q Q J J J J J Q WJ Q O F F F O O W W W W W ?j (n W ❑ } O O m c0 O W W d W O � � O O � O 7 r O Z V N N N N N V (0 N O r O O n O O W N N Cl)(O (0 (0 (0 (0 (0 (0 (0 O N M N m V V M M M M M M M M M N n co co N n co N n (6 O (0 (O (0 (O (0 (0 (O (O (0 7 7 (0 (0 cD (D (0 (0 r J E U O V In r Un O r CO 00 V UO (0 O N r n r r r r r O E ¢ V M O n n n n n n O O O O V N w O O 7 n n n n n n O O O O O 7 O O n T a O'o O 2 c Y U) lu LL C 0 0 0 0 0 0 0 0 0 O U N N N N N N N N N d U Ya Z m m m m m m m m m U c U c 0 0 0 0 0 0 0 0 0 c`oo m m co v rn 00 — F F F F F F F F F O O M C11 N L N O O (O O U 00 00 Cl) N O O O O c 0 0 0 0 0 0 0 0 0 r r N N N UO M M UN N N N N N N N N r-- 00 0) 0) NO M 0 04 N 00 Z U a r r r r r r r r r r r r r r r r r r O J W_ ❑ F H U LU LL D Z } Z a H J 2 Q Z = LU Z > > J 0 y d U W d Q _ m W = a a m 0 z > F 0 ¢ a w U = Z 0 m ¢ a m w o a wa v m a cn w o Y Y Y Z ❑ w q= Z LU Z Q o. _ = w = D = F w Y 0 LL N N co W (n N F F F- LU F O w O O N N ❑ m ll� V M F N O O O M N M M M O -q M Y 01 Cl) M M M Z M n O n 1n (n n m SD- O N O 4' O O O O O LO N LLL N W O O N Q N rn n o� v (n N N LO 0 0 0 (00 FD 0 Uw r � r � r r r = r U) 7 O M Un O O N N m Un O O O O Cl O O N N W N O O n O n C UO O N (0 00 (0 n 01 O O O O O (o (o N M M O O O O (0 O (q (O (0 CO Un V 00 n 00 N O O O O UO UO co M 00 00 Un Un O E7 O 7 N O T O O N N r M M M O Q r N r r r r n n r M V n N N N N O O O O N N N N N N N N J � h N N 171 N 1n U{7 lL1 ❑ O O O O O O O O N r r r r r r r r Yn co T O N M a ul N N N N N N N N Y Ln Ln In LO Ln Ln Ln Ln r Page 299 of 320 N Q J J J J J 00 J J W W W W W n r O O O LL LL LL LL LL F- C) Z O O O Z x5 o6 xs xS xs < L LL W W W Z Z Z Z Z U w .. z CE CE w ¢ ¢ ¢ ¢ Q IL O > O H H O ❑ ❑ L H z z LLI LU LU z U U U U U N m W U) W > > ¢ H H H H H c Y UY LU LU LU LU LU F- LL ❑ ❑ J J J J J W U z z ¢ 2 2 2 2 2 W Q O w Q Q ❑ J 03 LL LL LLQ U) CO W ¢ ¢ ¢ ¢ ¢ LL LU LU d w w w c U W U Z c .- > -j > 0 .Q o w U) a w F- .0 U U) O W W U) N LL LL V) UJ UJ LL U ❑ LL ❑ JZ Z Z J J co J c LL W F Q Q LL ¢ ¢ ¢ ¢ ¢ E E K E Q ° W U) Q LL' U C..) W w w w w w LL v 2 W W LL' it 2 H H H H H ¢ H D Q LL W W H ¢ ¢ Q Q Q z O in ❑ O O ❑ CD ° O a O CL) M Q � N U) O Z N O N O O 1- N W O O N CN N W N N N co N N N N N N c6 O c0 c9 V c0 c0 c0 c0 c0 c0 c0 c0 c0 c0 J E U 00 In O N N r V V V V V N r LO a) n n 01 N N N N N V Cq ¢ CO M CO CO CO CO CO CO O CO O V LL, d0 O O O O O N O O O O O O T � O m Y U) Z g Q w co LL LU OJ LU O LL ❑ W O N O N J U } L Y O ❑ M V U O1 0) O 0) 0 O Z V U L CA CA cq cq CN Z O l¢L CO O O O O O 0] C U C n Z O N n _� O O O O O n C) (7 Z n n O Q1 O w r 04 N N N O J j C n N Q r LO N N Q O O O 7 7 r n 00 7 N M V In N O U 000 N co O N N O O n n n O O Z 00 (,) O1 W 07 W W 00 2 00 W O W 00 OQ r r r r r r r r r r r r r O 0 a z z LU xt U 2 O ? v z LL a' Z w O LU z � U a w V Q ZF w w LU? F- Q 2 F 0 U w z J Vck� Lu w a it N F w U m a p w J a O Q 7 7 H w >- U w J Z Q W w Y J Q w O c6 W LL � U J y w 2 J W o F O � U > > 3 3 3 M O f0 M In 00 . n T fO W M Z N O M N 00 Q V7 N N 00 D 00 O N 04 �2 LL O O LL W r u) r U CC N N O O O O O O n O n Uf U( O O O O O O O O C CO C9 O O O O In In O O O N N O O O O OJ N O O LOLO LO LO O O N N O M M W W N W M n V V O O O O O n n O O n n 7 � O O W L2 L E O O N N LO N O � 0) N W M N r M r r O O J O N Ih IA N 4Y lf7 N In N ❑ O O O O O O O O O N r r r r r r r r r 1 7t 00 m otOD m m m oma, rn rn UN NLr) N NLr) N N N N N Y LO O � Cl) � r r r °C r Page 350 of 320 z z w D w N Z O O 0° Q O W O C) H Z z z U M w w 2Of z ¢ d O IL '� cc Q z z z 0 0 m w w z w (D w w _ p w LL oN W Y Y Z Z p Z Y Z W W W LU Q W Q J Q O W U U O W 7 2 O O J J J O O J z 2 z Z J W W W 0 3 (n r (0 W U U U LL Q Q LL LL m LL W U w w w LL U) U) H H Z Z U U O U U O O U U U U U U U J J Z_ Z_ Z_ Z_ Z_ _Z _Z _Z _Z _Z _Z _Z Z_ Z_ 2 2 Z Z Z Z Z Z Z Z Z Z Z Z Z Z 0 o w < < 999999999 a U C) CLJ J J J J J J J J J J J J J 3 Z Z D 0 0 0 0 0 0 0 0 0 0 0 0 0 0 c c () 0 0 0 0 0 0 0 0 0 0 0 0 0 0 w O (n (n H S S S S S S S S S S S S S S J LU w z U U U U U U U U U U U U U U LL �- U p p Q z UJ UJ UJ (� (� (� (� (� (� (� (n cn 0- w w w w w w w w w w w w w w co pZ Z Z Z Z Z Z Z Z Z Z Z Z Z U Z W W W W W z W W W W W W W W W Z W W d' w z w w w w w w w w w o z_ z_ _LL p w w w w w w w w w w w w w w Q LL LL LL LL LL LL LL LL LL LL LL LL LL LL U (D (D w D J Z Z Z Z Z Z Z Z Z Z Z Z Z Z W Q z z J 0 D O O O O O O O O O O O O O O LL W W W W c0 U U U U U U U U U U U U U U 0 d O O Q 7 O Z N N N O ltd N N N N N N N N N N N N N N N C co V I� r r r r r r r O O M M M N M V V V V V V V V V V V V V N c6 O c0 c0 c0 [0 c0 c0 c0 c0 c0 c0 cD cD cD cD c0 cD cD cD cD c0 U _ _ _ _ J U CO I� O W r r r r V M M N Nr- M M I� N N V MM In M r r N U Q I` O V V (0 V M V (O (O M co dw O I� c0 O O O O O O O O O O O O O O O O O O T � � -o O Y in LL CD O O o O 0 0 0 L U 0O O 0 ~ U Lo 0 I- U c o 0 v o r r c U — N 0 0 � d O 0 0 0 0 0 0 0 0 0 0 0 0 O M U r r r r r r r r r r r r r r 0 U 0 r• o v v v v v v v v v v v v v v v Z m m m O m O) O) O] O d) 0 0 0) 0) O) O) O) O) O) rn or r r r r r r r r r r r r r r r r r r r p O (� d z rn W ( W U Z Q Z W W ? _U Q W N N O O U to a W ai w Z v a z 3: 1� O ca LU J Q U X L N c U) OD 0 Z H H H H H H H H H H H H H H Q o_ J N V W W � W W W W W W W W W W W W W W J J rL K X N N g D D =) =) =) =) =) =) =) =) =) =) =) =) QO Q W O O O O O a a a a a U (moi 0 0 0 O O (0 O O n Z Z Z Z Z Z Z Z Z Z Z Z Z Z N �- 00 W V O O Q Q Q Q Q Q Q Q Q Q Q Q Q Q In lA 00 7 r N M 0] 0] 0] 0] c0 c0 c0 c0 c0 c0 c0 0] 0] 0] a W Q N O O O J J J J J J J J J J J J J J L LO (n (n LL LL LL LL LL LL LL LL LL LL LL LL LL LL 2 OC O O Ln Ln ' O o O O O O O O O O O O O O O O O O O OO OO OOOOO O O O O O O O OO N N N N O O O O O O O O 0) 0) 0) 0) O 0 0) 0) (0 W W O O N NN N N O O CO CO co co co M M M M M M M M M 7I- I- E 00 00 co M M 7 7 LO O O Q M —7 l0 cr O) O 0 1� h � 0 0 O O N N N N N N N N J � IA h N N LLY lf7 N N p O O O O O O O O N r r r r r r r r Y # rn m cn rn m (nrn w U N N N N N N N N LO LO LO Ln LO Ln Ln LnY UM r r r Cl) r v v L r Page 301 of 320 z Z w H x w N r U) N Z Y °0 ❑ Q ❑ � Z O O Z O DW (� Z D Z MLL z z O LL O F<- O vi LL _ ¢ CL _ H vi W H w H = W ~ F ❑ <) U) z F z w O WJ w <,.) 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Q � Y U) z F- U) m d H O K N m 0 W ~ Z O Y w 7 w w m y O Z W W' J o U Y } IX (J) 06 Z H O 0 0 0] J W W 0 fn 2 O W U Z Q w W O H Y O H p_ r2 Q Z Q U r2 W O 7 O 2 W W Q ❑ Q m OLL m m d' m m U W' U W J Cl) N w O z O T N F- CD W _ r ❑ Q N Z N N N N O N m O N O W r Q r r (D r ❑ r > r r r O r > z U In Un O O O Cl O O Ln Ln O O O O O O CO Cl) co C CM O O O O O O L- L- O O O0 OJ O O CO 00 00 m m O O O O O O N N LC) LO W W Ln N N O O O W 00 Ln Ln LO LO W W 00 00 CO CO V V 00 7 7 E Cn CA W W m m co Cl) N N Q N N O O � ti ti n ti ti h ti ti ti Q O N N N N N N N N N J N N_ ❑ O O O O O O O O O N r r r r r r r r r Ym O r N Cl) In CO ti U # N M M M M Cl) M M M Ln U Ln Ln Ln Ln Ln Ln Ln Ln Ln Ln OM M Cl) °C L r Fage 302 of 320 } N O N O 07 J W _ p0 w U O d J Z 2E ZLU co LU o) .- Of < LU U O O Z C7 o m J O Z ? IL Z o 9 a j p H cn O LLIwLU J W Z ¢ LU ~ W W >O g Q Y U Z O Z Y z Z W Z .� W W Z 2 m W J a W. W a z O U d Ur m LLL LL � OU m L d d Q U d d Q U Ll d Z Lai Z w d 3 C C O C a O U N W W W W W W W W W W W W W W W W W W W W Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z c O O O O O O O O O O O O O O O O O O O O c _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ o d d d a a d d d d d d a a d d d d d a d � w w w w w w w w w w w w w w w w w w w w U J J J J J J J J J J J J J J J J J J J J a W W W W W W W W W W W W W W W W W W W W H H H H H H H H H H H H H H H H H H H H c cn a m Q 7 O Z V V co V V V V V co V V V V V V V V V V V C M M co M M M M co M M M M M M M M M M M M O co co co M M co co M co co M M M M co co co co M co N O c0 O O c0 c0 c0 O O c0 O O c0 O c0 O c0 O O O O J E (Uj N oo N Ln M L- N r r r (o r r V N r r a0 N � r N r— r N M L(J N W M a V co O O M O co O O M co V W O O O O O O O O O O O O O O O O O O O O O T � a o O Y nlu 2 ao LL CO oo N r- LD a1 N V O O O O O O O O O O O } L Y O M M M M M M n r oo O O O O O O O O O 0) F U U Z M O M O O O M O (T1 O C7 O C7 O O O O M O M O C7 O C7 O M O M O M O M O M O M a) N N N N N N N N N N N N N N N N N N N L > M M M M M M O O t M M M M M M M M M M U C U C N H N H V H N H N H N H N H V H V H V H N H N H N H N H N H N H N H N H N H N d d d d d d d d d d d d d d d d d d d O — Lo N N N N N N N N N N N N N N N N N N N O U (n W W W W W W W W W W W W W W W W W W W C c m In M U) M U) o) () rn U) mCf) m U) m U) m U o) U) o) U) m U) rn CO mCf) m U) m U o) U) o) U) o) (n o) O ti W O O r N M 7 In O L- UO O O O O O O O O O O O O O O O O O O O O rn rn rn o 0 o O o o O o 0 0 0 0 0 0 0 0 0 Z N N N N N N N N N N N N N N N N N o r r r r r r r r r r r r r r r r r r r r 0 O d Y z J O � 6 F- Z 6 z xxW U w Q a L L L L L L L L L w O (D m m m ID m a a M 7 (o Lo L[) O V w m N O 7 O O O O M O O C of O Ln N (O (O N L() ll� M Ln (O M (O O Ln N M NM N oo V o N W r- r-- n V N w (O (D M (n L E VIt N N a0 V O u L- �2 r Lo r N a O O (n ~ (� O O � N J N N_ � O N � Y o ULnM ul Y m M °C Page 303 of 320 N r � m � N 00 Jrr h U 0 LLL I H No 0 0 Z W Z LU w O Z U O LU w Z w H a c OQ > H O O Z Z Z Z Q F-LLI w > w LLI U)i U w K < w J cn K W U Z ¢ w U W W Q J W Q J Q W Q W O Q w w cC m o O Q o J m In 0_ LL O_ Of (1) () U 0_ H (Y LL LL J W 0_ 0_ Q U a) 3 C C O C o O U N N W W W W W W W W W W W W W W W W W W W Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z O O O O O O O O O O O O O O O O O O O _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ 0 0_ 0_ 0_ LL 0_ 0_ 0_ 0_ 0_ 0_ 0_ 0_ 0_ 0_ 0_ 0_ 0_ 0_ LL � w w w w w w w w w w w w w w w w w w w U J J J J J J J J J J J J J J J J J J J Q W W W W W W W W W W W W W W W W W W W H H H H H H H H H H H H H H H H H H H d O O 7 O Z V V V V V V V V V V V V V V V V V V V C MM M M M M M M M M M M M M M O co co Cl) Cl) m m m co co co Cl) M m m co (M7 co Cl) Cl) N O c0 c0 c0 c0 c0 c0 c0 c0 c0 c0 c0 c0 c0 c0 c0 c0 c0 c0 c0 J E U 0) N M V LO (O r N r N r N N V N h h h h h h h N N W 0) r N M U Q V to V (O O O CO CO CO Cfl CO m m M co W O O O O O O O O O O O O O O O N O O O O T Cf)d � -o O Y U) 2 as O co n LL Y ' O O O O O O O O O O O O O O O N (fl (fl O U O O O O O O O O O O O O O O O O O a) h M h M h M h M h M h M h M h M h M h M h M h M h M h M h M h CO CO (O FL Y O C3) 0) 0) 0) m 6) 6) d) C3) 0) 0) m M 6) d) r h O h O h O h U U Z O M O (h O (h O M O (h O C7 O M O M O (h O (h O (h O (h O C7 O C7 O M O O r O r O T O r a) N N N N N N N N N N N N N N N N O _ O _ O _ O L > M M m m M M M M M M m M M M M V U C U C H N H N H N H N H N H N H N H N H N H N H N H N H N H N H N H W N W N W N W N 0_ 0_ 0_ LL 0_ 0_ 0_ 0_ 0_ 0_ 0_ 0_ 0_ 0_ 0_ 0_ o .Q w L w LO w LO w ,N w ,N w LO w ,`O w L w L w � w � w N w N w C` w C` w N U N U N U N U U c to 0) (n 0) (A 0) U) 0) (n m CO m (n m U rn U) rn U rn (n rn (� rn (n rn (n rn C rn (n t O o O o O O O h h h h h h h h h h h h h h h O N N N U O O O O O O O O O O O O O O O O V V V V o O O O o o O O O O O o o O O O O o O Z N N N N N N N N N N N N N N N N N N N r r r r r r r r r r r r r r r r r r r O 0_ Y z J O 0! 6 F- Z a3 z xxW U w Nh h h h h h h h h h h h h h h Q a Q Q Q a a Q Q Q Q Q Q r r a) o a) o (D o m a) o a) o (D o m a) v u U) (n (0 (n (n (n (n (n (n (n (0 (n (n (n (n (n O O O 0) M O O M COO O O M Om m V M O 7 O O C OJ N N (OO NN N O M 00 O Un CO M O V r N N V U') U) N N r N N m Un r N CO CO m O N 7 N r �2UO r Q O O CO ~ (� O U O N J N N_ � O N � Y o ul Ln U m Y o Page 304 of 320 } O N N Q N O � Z J K h U O O W H Of Cl 0 LU W (f) IL W co o m O Z Z Z O w Z LL o co O K O a > O m w z a w w Q w Z z w w ¢ } N Z Z �' J W Z w H � ❑ (1) U ' a 3 LU LU m Ll [l Z Lai Z W CO Q LL Q (Y U) O a< W �-' m d 3 C C O C a O U N W W W W W W W W W W W W W W W W W W W W ❑ Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z c O O O O O O O O O O O O O O O O O O O O _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ o LL LL LL LL LL LL LL LL LL LL LL LL LL LL LL LL LL LL LL LL � w w w w w w w w w w w w w w w w w w w w U J J J J J J J J J J J J J J J J J J J J a W W W W W W W W W W W W W W W W W W W W H H H H H H H H H H H H H H H H H H H H c cn a N 7 O Z V V V V V V V V V V V V V V V V V V V V C M M M M M M M M M M M M M M M M M M M M � co co co Mm M co co co co M M co M co co co co M M (6 O (D cD cD (D cD cD (D (D (D cD (D c0 c0 O c0 c0 O O c0 c0 J U r r (D r r N M V LD (o r N ((J h N 40 M r N N V N h h h h h h h N N Co a M V V (D V (D (D (D co (D (D (D (D co M w T = O O O O O O O O O O O O O O O O O O O O d n -o O Y in 2 ao � � o LL Y (D (D ID (D (D (D co (D (D (D co (D (D (D cc (D (D co co (D U d O O O O O O O O O O (fl } L Y O O h O h O h O h O h O h O h O h O h O h O h O h O h O h O h O h O h O h O h O H U o Z o_ � o_ r o_ r o_ r o_ c3 o_ � o_ � o_ � o_ � o_ r o_ r o_ r o_ c3 o_ � o_ � o_ � o_ � o_ r o_ r o_ � 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 L > N N N N N N N N N N N N N N N N N N N U U c W W W W W W W W W W W W W W W W W W W W — N U N V N V N V N U N U N U N U N V N U N V N U N U N U N U N U N V N U N (-) N U c o O (o O (o O (fl O D O D O (D O (D O (o O (o O (o O m0 D O (D O (D O o O (o O (o O (fl O co U N N N N N N N N N N N N N N N N N N N N U OV V V V V V V V V V V V V V V V V V V V o O O O o 0 0 o O O O O o 0 0 o O O O o Z o N N N N N N N N N N N N N N N N N N N N o r r r r r r r r r r r r r r r r r r r r ❑ O LL Y z J O K 6 F- Z 6 z xxW U w � o Q o U) cn O O O O O O O O O O O O O O O O O O O O CD CO M co (D M (O (O M (D (D (D (D M (D M m 7 C CD (D (D N M [O N N (0 O N N N O M [O (n (n V N h V r N N V (n (n N N — NN M (n O N N 7 N r E a O O CO ~ 0 O O O N J cu N_ ❑ O N � Y � o Ln U M Y rY Page 305 of 320 C) N � J Z W W ❑ O N N (D W N Q Cf) 00 Z W W W W W M U W Q O LU LU U U a w ¢ Q a a H H H } o a c C7 Q T U U H Q W W W F 7 LL LL LL Z 2 W W W Z Z K d' Z w W Q O O O p U C W Y LU LL J J Q LL LL LL 2 d o Q � w Q Q O w O U m w co d w U) U7)) LL LL U U ❑ ❑ ❑ U z U) U) (1) LU w w J J J a a a a co Z) p p U U CE z z z z z m m m z a o w w z_ _z z w u~i U 0 0 0 0 0 _z _z U U Q Q Q m U U U U U Q Q > > 2 2 2 LL m ❑ z In !n (n Cl) U) W W z z z Of ❑ c O U' U' fn (n w w w d 2 Of Of w CC L Z Z W J LU LU O LL LL LL LL O O O O p p J J = _ _ _ Q w z z z z z > > F- F- O O O F- > > > > > m m > > w w w O a� CL) O z O O O O O C h In M CO CO N V V N h � M N N N N N M M Cl) co N N N M V 03 O O O O O O O O O O O O O O O O J E U r r M V M r (0 r (� E Q V (0 V h h V M (0 (0 O co w N O O O h h O O O O N N N 7 O T d � -o O Y in 2 Q y rn rn U) K LL s M M U O O h L O O O d) 4) 4) M M O O _ r r r U O O h h ~ U O Z O O O h h h h h (�zt (�zt _O N _O N 7 V M O U 'U L C N W N h h h h h h h F F O N h N N C U — C) C) h h h h h ft fLO t N U N U r r O co — U N U LO LO v Ln v m U U o 0 o h O U LO LO U c O co O h h h h h h h OD v OD v r r r r r- 0 U N O O O O O r (0 (0 LO (0 h N O UO V 00 M OD M M W r N Nr- h N r o rn rn rn rn rn rn o 0 o m rn rn o 0 Z N N N N N N r r r r r r r r r r r r r r r p (n N CO LU w w U U U U Z O N d w w w w � m to Ln U Z LU J J LU J _ U U U w U (n Y Z LL K w w w J Z -T LL d > > > V z z c Y cn ❑ (p Q Q Q H Q 0 COp Q ~ m z v U w w w w (7 Z z J ❑ p J rL � > z w w Z O W U U D Y ❑ Of O W W 2 W >> m GC m \ O (.000 00 2 00 ' U Y O LL (D N N N LO 000 0 h 00 Y J m CC 00 OLor) 0 O O1 T 01 N Ln Q o r o o h h o Op0 H m Y + C� 0 0 n r CD O 0 - m v of r M 7 O In W O In h CO O f- O M LO N Ln Ln LO LO 00 C M O 0) 0) M O LO OD V h fl h h h h O O (q 00 M M N (O V N LO M h W W r- 0 r N 00 O N N co Cl) (D O (0 N N N N N N N m m h Q N N N O O O O N N N N N N N N J N p O O O O O O O O N r r r r r r r r Yh 00 m O r M U 0 0 0 Ln U In Ln w Ln Ln Ln Ln °C r Page 306 of 320 z w Ir N W N N (� N q$ w (n 00 w w w x O LU LU W W W WL LU U ~ I- F F o W W W LL m W J J 0� �: 9 O O W U _ d LL d U c LL O d N Z J } Z Z � F Q } W W W w `Z (D < w = < U [If K U U U W W LL' ¢ W ¢ ~ m ¢ ¢ ¢ m O d m 0 O co U) U J LL LL LL LL LL d¢ U OU U) _w W J W W (n J d J J U C7 a U) n C9 a s 0O C> z p J z p p - c O x U) z a U) x U) U) o w a U cn O z ¢ w O z z z z z z z z z z LL a z � CO a a a a a a a a a a p z O CL 2Z LL 2 C7 C7 C7 C7 C7 (� C7 C7 C7 C7 Z2 g a Of z z z z z z z z z z Of O o a U) O 0 0 0 0 0 0 0 0 0 0 (Vj = J D w W LL J J J J J J J J J J O m w O w D m m m m m m m m m m C CD a m O z N N O O N N LO LO LO 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Y x 0 0 0 0 0 0 2 O W Z z LL to U m m m m m W00000 (n J Z Z U Y Z Z m (D m W 7 0' J U) U Z Z W J O w Q Q LL W ¢ W J J J J J J p x W LL H 0 O 0 K 2 U) 2 W 2 2 WW >W >W >W Lu ¢ Of W X LL O ¢ 00 > > > > > Z N \ 000 O W 00 � N U N _U M O V O O O O O W Z d N p W W I- O I- N to H H H H H Of O n n w o C7 0 o o r o Q N N p O p O O O w W O r r p r ¢ r D� r = r r r n ¢ m a U ll� ll� I)f 0, 0� K 0 of cc cc O M N cc O O O O CO 7 O O N C CO O O U MO CO N O O O N N O O O CO CO C. (O UO O UO U 1- 0 1� O O O O W 1- Un O O W of O O c) r r r O 0) M M r-- 1- It It 7 7 r N O O N N Un 00 r r r r I� 7 r r O ¢ V LO r r r O O 0 0 0 0 0 0 0 0 O O N N N N N N N N J N N_ p O O O O O O O O N r r r r r r r r Yv )n m h 00 a) o U # r r r r r r NMLn Ln N 1 M 07Lr) M M M C7 M Cl) Ln cn r r r °C r Page 307 of 3-20 P M N N U � � F Z N Z Z LL O � H W C7 = m 0 _z U O W U Z LU w Q LL H O H z z CD O o a c~n Q w a s (1) z0 (7 U) LL LL U LL QLLI Q m Z w' aNi Z D d' = W W Y Q } Z Z U U IL W O m U) � a Z U) C7 (D v ? 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PM*MA SHAKOPEE Shakopee City Council October 17, 2017 FROM: Lori J. Hensen, City Clerk TO: Mayor and Council Members Subject: Liaison and Administrator Reports Policy/Action Requested: None Recommendation: Discussion: Budget Impact: Page 320 of 320