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HomeMy WebLinkAbout01/19/1999 TENTATIVE AGENDA CITY OF SHAKOPEE ADJ. REG. SESSION SHAKOPEE, MINNESOTA JANUARY 19, 1999 LOCATION: 129 Holmes Street South Mayor Jon Brekke presiding 1] Roll Call at 7:00 p.m. 2] Pledge of Allegiance 3] Approval of Agenda 4] Mayor's Report 5] Approval of Consent Business - (All items noted by an * are anticipated to be routine. After a discussion by the Mayor, there will be an opportunity for members of the City Council to remove items from the consent agenda for individual discussion. Those items removed will be considered in their normal sequence on the agenda. Those items remaining on the consent agenda will otherwise not be individually discussed and will be enacted in one motion.) 6] RECOGNITION BY CITY COUNCIL OF INTERESTED CITIZENS - (Limited to five minutes per person/subject. Longer presentations must be scheduled through the City Clerk. As this meeting is cablecast, speakers must approach the microphone at the podium for the benefit of viewers and other attendees.) 7] Recess for an Economic Development Authority Meeting 8] Re-convene *9] Approval of Minutes of October 20 and 26, 1998 *10] Approve Bills in the Amount of$1,015,324.30 11] Communications: 12] Public Hearing on the proposed vacation of right-of-way within Dominion Hills -Res. No. 5051 13] Liaison Reports from Councilmembers 14] Recommendations from Boards and Commissions: A] Rezoning request of Darwin and Arliss Gilbertson for property located south of CR-16, north of Shakopee Avenue, west of Austin Circle and east of Roundhouse Circle, from Urban Residential (R-1B) to Medium Density Residential (R-2) TENTATIVE AGENDA January 19, 1999 Page -2- 14] Recommendations from Boards and Commissions continued: B] Rezoning request of SuperValu for property located south of 4th Avenue and west of CR-83, from Major Recreational (MR)to Light Industrial (I-1) - Ord. No. 536 15] General Business A] Community Development 1. Ord. No. 532 Rezoning of Heritage Development property located north of CR-16 and west of Canterbury Park to Multiple Family Residential (R-3) -tabled 12/15 *2. NAPA Appeal of BOAA denial of variance request -Res. No. 5057 *3. BDM, LLC Appeal of BOAA denial of variance request -Res. No. 5052 *4. Issue Paper on Metropolitan Governance *5. Rescind Res. No. 4362 vacating a portion of an alley in Market Place *6. Koskovich Property Environmental Assessment Worksheet (EAW) B] Public Works and Engineering *1] Termination of Probationary Status for Layne Otteson, Engineering Tech II *2] Joint Powers Agreement for 1999 Street Maintenance Work *3] Approve Plans and Specifications and Order Bids for River District Trunk Sewer Reconstruction, Project No. 1999-1 -Res. No. 5054 *4] Accepting Work on Valley Park 13th Addition, 1996-8 -Res. No. 5055 C] Police and Fire *1. Automatic Defibrillator Grant -Res. No. 5056 *2. Authorization to Hire a Police Officer D] Parks and Recreation E] General Administration *1] Release of Letter of Credit - Valley Park 13th Addition *2] Reduction of Bonds -Longmeadow and Southbridge/Centex 3] Releasing of Letters of Credit 4] Light Truck Purchases *5] Tobacco Regulations *6] Massage Center License -Balancing Touch 7] 30 Minute Parking Restrictions on the East and North Side of the Government Center *8] Apportionment of Assessments for Orchard Park West P.U.D. 2nd Addition 16] Other Business 17] Recess for an executive session to discuss pending litigation 18] Re-convene 19] Adjourn to Monday, January 25, 1998, at 6:00 p.m. TENTATIVE AGENDA CITY OF SHAKOPEE ADJ. REG. SESSION SHAKOPEE, MINNESOTA JANUARY 19, 1999 LOCATION: 129 Holmes Street South Mayor Jon Brekke presiding 1] Roll Call at 7:00 p.m. 2] Pledge of Allegiance 3] Approval of Agenda 4] Mayor's Report 5] Approval of Consent Business- (All items noted by an * are anticipated to be routine. After a discussion by the Mayor, there will be an opportunity for members of the City Council to remove items from the consent agenda for individual discussion. Those items removed will be considered in their normal sequence on the agenda. Those items remaining on the consent agenda will otherwise not be individually discussed and will be enacted in one motion.) 6] RECOGNITION BY CITY COUNCIL OF INTERESTED CITIZENS - (Limited to five minutes per person/subject. Longer presentations must be scheduled through the City Clerk. As this meeting is cablecast, speakers must approach the microphone at the podium for the benefit of viewers and other attendees.) 7] Recess for an Economic Development Authority Meeting 8] Re-convene *9] Approval of Minutes of October 20 and 26, 1998 *10] Approve Bills in the Amount of$1,015,324.30 11] Communications: 12] Public Hearing on the proposed vacation of right-of-way within Dominion Hills -Res. No. 5051 13] Liaison Reports from Councilmembers 14] Recommendations from Boards and Commissions: A] Rezoning request of Darwin and Arliss Gilbertson for property located south of CR-16, north of Shakopee Avenue, west of Austin Circle and east of Roundhouse Circle, from Urban Residential (R-1B)to Medium Density Residential (R-2) TENTATIVE AGENDA January 19, 1999 Page -2- 14] Recommendations from Boards and Commissions continued: B] Rezoning request of SuperValu for property located south of 4th Avenue and west of CR-83, from Major Recreational (MR)to Light Industrial (I-1) - Ord. No. 536 15] General Business A] Community Development 1. Ord. No. 532 Rezoning of Heritage Development property located north of CR-16 and west of Canterbury Park to Multiple Family Residential (R-3) -tabled 12/15 *2. NAPA Appeal of BOAA denial of variance request-Res. No. 5057 *3. BDM, LLC Appeal of BOAA denial of variance request -Res. No. 5052 *4. Issue Paper on Metropolitan Governance *5. Rescind Res. No. 4362 vacating a portion of an alley in Market Place *6. Koskovich Property Environmental Assessment Worksheet (EAW) B] Public Works and Engineering *1] Termination of Probationary Status for Layne Otteson, Engineering Tech II *2] Joint Powers Agreement for 1999 Street Maintenance Work *3] Approve Plans and Specifications and Order Bids for River District Trunk Sewer Reconstruction, Project No. 1999-1 -Res. No. 5054 *4] Accepting Work on Valley Park 13th Addition, 1996-8 -Res. No. 5055 C] Police and Fire *1. Automatic Defibrillator Grant -Res. No. 5056 *2. Authorization to Hire a Police Officer D] Parks and Recreation E] General Administration *1] Release of Letter of Credit - Valley Park 13th Addition *2] Reduction of Bonds-Longmeadow and Southbridge/Centex 3] Releasing of Letters of Credit 4] Light Truck Purchases *5] Tobacco Regulations *6] Massage Center License-Balancing Touch 7] 30 Minute Parking Restrictions on the East and North Side of the Government Center *8] Apportionment of Assessments for Orchard Park West P.U.D. 2nd Addition 16] Other Business 17] Recess for an executive session to discuss pending litigation 18] Re-convene 19] Adjourn to Monday, January 25, 1998, at 6:00 p.m. TENTATIVE AGENDA ECONOMIC DEVELOPMENT AUTHORITY IN AND FOR THE CITY OF SHAKOPEE, MINNESOTA Adjourned Regular Meeting January 19, 1999 1. Roll Call at 7:00 p.m. 2. Approval of the Agenda 3. Approval of Minutes: Ca.ao , Iva U a 1998 4. Financial A.)Approval of Bills 5. Other Business: 6. Adjourn edagenda.doc OFFICIAL PROCEEDINGS OF THE ECONOMIC DEVELOPMENT AUTHORITY SHAKOPEE, MINNESOTA ADJOURNED REGULAR SESSION October 20, 1998 Members Present: Brekke, DuBois, Sweeney, Amundson, and President Link Members Absent: None Staff Present: Mark McNeill, City Administrator;R. Michael Leek, Community Development Director Others Present: Bruce Loney, Public Works Director/City Engineer; Judith S. Cox, City Clerk; Jim Thomson, City Attorney; and Gregg Voxland, Finance Director I. Roll Call President Link called the meeting to order at 7:40 P.M. Roll was taken as noted above. H. Approval of Agenda Sweeney/DuBois moved to approve the agenda as presented. Motion carried unanimously. III. Approval of Minutes Brekke/Amundson moved to approve the Minutes of September 1, 1998. Motion carried unanimously. IV. Financial A. Approval of Bills DuBois/Brekke moved to approve bills in the amount of $407.28 for E.D.A. General Fund, $0.00 for Blocks 3 & 4 Funds and $0.00 for Seagate. Motion carried unanimously. V. TIF Plan Modification Gregg Voxland stated that a public hearing is to be set to update the financial part of the TIF Plan based on 1997 and 1998 events and forecasts. He said no new projects are being added and the districts are not being expanded. Brekke/Amundson moved to request the City Counsel to set a public hearing on the modification of the Redevelopment Plan for the Minnesota River Valley Housing Redevelopment Project No. 1 and Modification of the Tax Increment Financing Plans for TIF Districts Nos. 1, 3, 7, and 9 to be held at 7:00 p.m. on November 17, 1998. Motion carried unanimously. Official Proceedings of the October 20, 1998 Shakopee Economic Development Authority Page -2- 6. Other Business None 7. Adjournment DuBois/Sweeney moved to adjourn to November 4, 1998. Motion carried unanimously. The meeting was adjourned at 7:46 p.m. C --vvidh. c),.. dith S. Cox E.D.A. Secretary Esther TenEyck Recording Secretary OFFICIAL PROCEEDINGS OF THE ECONOMIC DEVELOPMENT AUTHORITY SHAKOPEE, MINNESOTA REGULAR SESSION NOVEMBER 4, 1998 Members Present: Brekke, DuBois, Sweeney, Amundson, and President Link Members Absent: None Staff Present: Mark McNeill, City Administrator; R. Michael Leek, Community Development Director Others Present: Bruce Loney, Public Works Director/City Engineer; Judith S. Cox, City Clerk; Jim Thomson, City Attorney; and Gregg Voxland, Finance Director I. Roll Call President Link called the meeting to order at 7:37 P.M. Roll was taken as noted above. H. Approval of Agenda The following item was added to the agenda: S.A. Priorities as am E.D.A. Sweeney/DuBois moved to approve the agenda as presented. Motion carried unanimously. III. Approval of Minutes None IV. Financial A. Approval of Bills DuBois/Amundson moved to approve bills in the amount of$2,880.30 for the E.D.A. General Fund, $0.00 for the Blocks 3 & 4 Fund, and $259.10 for Seagate. Motion carried unanimously. V. Priorities as E.D.A. Authority Commissioner Brekke asked for a more lengthy discussion at a later date, relative to the structural and economic changes in the community. Specifically, the movement of County Market, traffic patterns, and the challenge of filling the commercial spaces downtown. He would like to discuss what the City can do to facilitate the situation. Mark McNeill reported that 3/4 of the residential portion of the River City Center has been leased, and three leases have signed for the retail portion. He said that while visible progress is slow, a leasee has been signed that is guaranteeing one year's rent Official Proceedings of the November 4, 1998 Shakopee City Council Page -2- through the master tenant concept. He said that information can be provided to give the Council a better understanding of the progress. And while there will be a transition period with all the changes in the community, how involved the City becomes in assisting the private sector as far as realty functions, the Council would need to provide that direction. Cncl. Sweeney noted that the lower portion of Marschall Rd. is also experiencing a loss of business. Cncl. DuBois stated that the Vision Shakopee meetings include all businesses on each end of 1st Avenue. VI. Adjournment Brekke/Amundson moved to adjourn to November 17, 1998. Motion carried unanimously. The meeting was adjourned at 7:50 p.m. , ). dith S. Cox .D.A. Secretary Esther TenEyck Recording Secretary CITY OF SHAKOPEE Memorandum TO: President & Commissioners Mark H. McNeill, Executive Director FROM: Gregg Voxland, Finance Director SUBJ: EDA Bill List DATE: January 14, 1999 Introduction Attached is a listing of bills for the EDA and Seagate fund for the period 12/31/98 to 01/14/99 . Action Requested Move to approve bills in the amount of $42 .49 for the EDA General Fund and $00 . 0 for Seagate. II O O O ' o O II II O O O O O II H n o 0 0 0 o n H II 0 0 0 0 o n H un H 11 • n A II 0 0 0 0 U . II A n 0 0 0 o o u 4.1 a u a al II U n U II n . H H H - HII II 0 09 CO CO CO n °i II 0 0 0 0 O II II d• I' d• d• V' II �? H I1 N N N N N II H II 0 0 O o o n N W II NNNN N II W II N N N N N n CA- En n w n A u A n n 1 n z 11 al H I H CO iI 0. p��,I '.7En 1 x U) U] n H Ul W I 0 ,I N N I N I N in W inU) N w I 0 .! H g I 0 W o . H P: o • w W • H w . 0 z .a 0 Z x a H w Qa 0 0o H rn x ch CT H� Z H 0 Q\ H 0 I ° Z a \. a 3 0 a Q owEsi G H 0 Cl) yg� H U 0 H 0 0 E 0 W 4 H• rt D H Id H 0 Z H U "[�O] H 0 O 41 co to > to w 41> N • O lO 0% w 0 0 w Oz 0 U Z 10 0 c0 01 01 0' rn m H H H N r4 in CT1 0 4 N 4 H O H A 0 * * * * .* * H Ifl H U1 0\ On .H * 01 01 H * H H -H * H H H * O * 0 * o Z 5 4. 0 z 4. * ca Esi csl IL Q `" 0 H 0 0IX Tr 0 0 H 0 H (5 o H P. A Ci. 0 H 0. Q w . w H 0 0 �a P. H 0 0 .a 1 'I4.A .1. A H Q Q H 4.. ** qq O Oz 4. W H H H * ' * G. H H H * * OFFICIAL PROCEEDINGS OF THE CITY COUNCIL ADJ. REG. SESSION SHAKOPEE,MINNESOTA OCTOBER 20, 1998 Mayor Brekke called the meeting to order at 7:02 p.m. with Councilmembers Amundson, Link, DuBois and Sweeney present. Also present: Mark McNeill, City Administrator; R. Michael Leek, Community Development Director; Bruce Loney, Public Works Director/City Engineer; Gregg Voxland, Finance Director; Judith S. Cox, City Clerk; and Jim Thomson, City Attorney. The Pledge of Allegiance was recited. The following items were removed from the agenda: 15.C.1. Computer Training Services. The Following items were added to the agenda: 15.B.2. Lions Park Hockey Rink Construction, 16.A. Set a meeting date to discuss Downtown Parking Issues, and 16.B. Letter from interested Citizens regarding the Community Center Security Issues. DuBois/Amundson moved to approve the agenda as modified. Motion carried unanimously. The following items were added to the Consent Agenda: 15.B.2. Hockey Rink Construction. The following item was removed from the Consent Agenda: 14.A. Preliminary and Final Plat of Southbridge 2nd Addition, 14.B. Final Plat of Southbridge 3rd Addition, 14.G. Rezoning North Half of Block 169, OSP, south of Bluff Avenue between Fillmore and Main Streets, 15.B.1. Amendment to 1999 Parks Five Year Capital Improvement Program, 15.D.3. Authorize Condemnation Proceedings for Vierling Drive from West Plat Line of Orchard Park West PUD 1st Addition to Fuller Street, 15.D.4. Parking Restrictions on 5th Avenue by the Scott County Jail, and 15.E.5. Set Public Hearing for TIF Modifications for Districts 1, 3, 7, and 9. Sweeney/Link moved to approve the Consent Agenda as modified. Motion carried unanimously. Liaison reports were given by Councilmembers. Cncl. Sweeney reported that parking issues were discussed at the October 20th County Board meeting. He said he proposed that the County staff initiate contact with City staff to form a committee relative to parking around the government center area, specifically including at least one or more County employee and residents from the blocks surrounding the Government Center. The County Board agreed that this was a good idea and directed the County Administrator to contact Mr. McNeill to move forward. Sweeney/DuBois moved to direct staff to participate in a Parking Committee Study of parking in the Government Institutional area. Motion carried unanimously. Cncl. Sweeney reported that Well No. 10 was discussed at the Public Utility meeting. This is the new well intended to dilute Wells 6 and 7. He said that Well No. 10 has a production of approxi- Official Proceedings of the October 20, 1998 Shakopee City Council Page -2- mately 300 gallons per minute and is inadequate to dilute. If Wells 6 and 7 are pumped unusable due to nitrates there would not be adequate water supply from Well No. 10 to dilute Wells 6 and 7 to a usable level. The Metropolitan Council is requesting that the Public Utility Commission provide a statement saying that they are able to provide water for development throughout the MUSA expansion. The Public Utility Commission can currently provide water for the existing MUSA, absent of producing wells not effected by nitrate problems, or going to Shiely for a water treatment system. Using a water treatment system would use up the bonding capacity. Cncl. Sweeney said the question is whether or not the DNR is exceeding its statutory authority in denying the Shakopee Public Utility Commission the opportunity to enter into this lower strata, having met the initial requirements. He said that based on verbal communications, it is Lou VanHout's understanding that the DNR intends to ask the Legislature for additional powers to limit water use. They may also change the definition of what well water can be used for, from potable water to domestic water. The Public Utility has requested a water report from the water consultant on possible technical alternatives. Cncl. Sweeney said that the City has a stake in this over and above the State and Utilities because there is a potential of MUSA expansion without the ability to service it with a water supply. Sweeney/Link moved to direct staff to have the City Attorney research the limits of water use with the intent of discovering what alternatives the City has. Motion carried unanimously. Mayor Brekke gave the Mayor's report. Gary Hartmann approached the podium and said that a notice was placed in the newspaper a few weeks ago to see if there was enough interest to form a new baseball team in Shakopee. He said the interest was overwhelming, a Board of Directors was formed, a roster has already been filled and there is a waiting list. He said this team would be playing in the Dakota-Rice-Scott League. The goal is to involve all the community, with activities between innings for youth groups and contests, making it a fun atmosphere. A contest was held to determine a name for the new community baseball team for Shakopee. The contest was limited to the youth of the community, and out of a possible 1,941 entrants one name was chosen. The winning entry was from Patrick Farrell, a fifth grader at Central School. His winning entry was the "Shakopee Coyotes". Patrick said he chose this name because he likes wild life and animals and found out that there are some coyotes in the area. Gary Hartmann presented Patrick with a lifetime membership to the team. Patrick can also go to any game for free, for life. He also presented Patrick with the first official baseball for a keep sake. Official Proceedings of the October 20, 1998 Shakopee City Council Page -3- Mayor Brekke read and presented Patrick Farrell with a Proclamation from the City of Shakopee. Mayor Brekke noted Commissioner Art Bannerman's presence. Mayor Brekke asked if there were any interested citizens present in the audience who wished to address the City Council on any item not on the agenda. There was no response. A recess was taken at 7:40 p.m. for the purpose of conducting the Economic Development Authority meeting.. The meeting re-convened at 7:46 p.m. Sweeney/Link moved to approve the minutes of July 28, August 13, August 20, and September 1, 1998. (Motion carried under the Consent Agenda.) Sweeney/Link moved to approve bills in the amount of$1,872,909.64. (Motion carried under the Consent Agenda.) In response to a question as to whether a noise mitigation study was conducted for Southbridge 2nd Addition from 169, Michael Leek stated that when the Planning Commission reviewed this plat a formal noise study was not concluded and deferred to Steve Soltau. Steve Soltau, Shakopee Crossings, approached the podium and said that David Braslau, Braslau & Associates did submit a mitigation plan to Julie Klima last Thursday. He said he believed that the original report has also been submitted. He said the recommendations address building code requirements. He explained that the ends of the units are toward the highway and that using the correct building products, the noise mitigation requirements are easily addressed. In response to a question regarding berming, Mr. Soltau stated that the Planning Commission did not have any berming requirements because of the spacing buffer between the highway and the first home. Michael Leek explained that there is no current requirement along Highway 169 for berming. He said that berming is done on a case by case basis and that a sound study is conducted by the consultants contracted by the developer. In response to a question regarding landscaping, Steve Soltau said that landscaping is planned with the P.U.D. along the boundary and internally. Sweeney/Amundson offered Resolution No. 5001, A Resolution of the City of Shakopee, Minnesota, approving the Preliminary/Final Plat of Southbridge 2nd Addition, and moved its adoption. Official Proceedings of the October 20, 1998 Shakopee City Council Page -4- In response to a question as to additional noise mitigation measures, Jim Thomson, City Attorney, said it could be the responsibility of the Home Owner's Association to provide additional noise mitigation. DuBois/Link moved to amend Resolution No. 5001 to state that any future noise mitigation measures would be the responsibility of the Home Owner's Association. Motion carried unanimously. Motion carried unanimously on main motion as amended. Jon Albinson approached the podium and explained that the developer's agreement for Southbridge 1st Addition was filed against Valley Green's property, another developer's agreement was filed against the Minneapolis Foundation property, and a third developer's agreement covered the Shakopee Crossings property. He said that the Southbridge 3rd Addition plat is a re-plat of Outlot F of the Southbridge 1st Addition. He asked for a modification in the conditions to add a No. XV. This would allow the developer's agreement to provide for the release of the Southbridge 1st Addition Developer's Agreement for Outlot F, filed as Document No. 96798 as amended by Assignment and Assumption of Developer's Agreement to be filed. There are no financial requirements or planning improvements. He said that this particular Developer's Agreement functions as a public record document that the land was platted and has particular entitlements. He said its release should not be cause for any concern on the City's part. In addition, he said it would cost him $20.00 as opposed to $800.00 filing fees if the release is included in the developer's agreement. Sweeney/Link offered Resolution No. 5002, A Resolution of the City of Shakopee, Minnesota, Approving the Final Plat of Southbridge 3rd Addition, subject to conditions, and moved its adoption. Sweeney/Link moved to amend Resolution No. 5002 by adding Condition No. XV. to be drafted by the City Attorney, releasing the Southbridge 1st Addition Developer's Agreement for Outlot F, filed as Document No. 96798 as amended by Assignment and Assumption of Developer's Agreement to be filed. Motion carried unanimously. Motion carried unanimously on main motion as amended. Sweeney/Link offered Resolution No. 5003, a Resolution of the City of Shakopee, Minnesota, Approving the Preliminary and Final Plat of Bergs Hilltop Addition, subject to conditions, and moved its adoption. (Motion carried under the Consent Agenda.) Michael Leek explained that the revised amendment to City Code Chapter 11 Regarding Permitted Uses in the B-1 Zoning District consists of the previous language with the addition of the description of the corridor within it is intended that a combined use would be permitted. Official Proceedings of the October 20, 1998 Shakopee City Council Page -5- There was some modification to the description which has also been incorporated. The Planning Commission recommended approval of the proposed text amendment. In response to a discussion regarding intent, Jim Thomson recommended adding the following language, "dwellings when confined to the same structure". Sweeney/Amundson offered Ordinance No. 525, Fourth Series, an ordinance of the City of Shakopee, Minnesota, Amending Chapter 11, Zoning, Sec. 11.36, Highway Business Zone (B-1), Subd. 2 (Permitted Uses)by adding Item I., and moved its adoption. Sweeney/Amundson moved to amend Ordinance No. 525, Fourth Series, by incorporating the City Attorney's suggestion by adding the words "in the same structure" after the word "combined". Motion carried unanimously. Motion carried unanimously on main motion as amended. Sweeney/Link offered Ordinance No. 528, Fourth Series, an Ordinance of the City of Shakopee, Minnesota, Amending Chapter 11, Zoning, Section 11.02 (Definitions), and moved its adoption. (Motion carried under the Consent Agenda.) Michael Leek reported that staff has reviewed approaches to sign area contained in a number of other zoning ordinances throughout the Metropolitan area. He said there are basically two approaches, one is similar to Shakopee's Ordinance, having some limitation in some cases and no limitations in other cases. The other approach related to a percentage of wall face area. The proposed amendment eliminates the maximum, which means the relationship between lineal feet and sign area remains constant, with no proposed upper limit. The Planning Commission recommended denial of the proposed amendment. They felt that because of the character of the community, it was important to have a more stringent sign size standard. They also felt that larger users had the option of a P.U.D. or a C.U.P. for dealing with variances. A discussion ensued regarding sign size in relationship to building size. Sweeney/Amundson offered Ordinance No. 529, Fourth Series, an Ordinance of the City of Shakopee, Minnesota, Amending Chapter 11, Zoning, Section 11.70 (Signs), and moved its adoption. Cncl. Sweeney stated for the record that this does not preclude variances. Motion failed 3-2 with Cncls. DuBois and Link in favor. A recess was taken at 8:40 p.m. The meeting re-convened at 8:53 p.m. Official Proceedings of the October 20, 1998 Shakopee City Council Page -6- Michael Leek reported that staff has determined the land use map to be in error as it relates to the Shakopee City Plat on the North One-Half of Block 169, between Fillmore and Main Streets, and south of Bluff Avenue. This site was designated as "Park." but was intended to be classified as "Single Family Residential." Patricia Goldberg approached the podium and stated that there are three residential homes in the north half of Block 169. She said that she is in a position where she must refinance her home. However, she said she cannot obtain financing because her home is on commercial zoned property. She said that when she purchased her home she was not aware that it was zoned commercial. In 1995 she approached the City Council, who agreed at that time, that it was in the Comprehensive Plan as "Park." Ms. Goldberg said that with the current zoning, if 50% of her home were damaged she could not rebuild. Michael Leek asked if it were possible, as a potential action, to honor the previous Council's agreement to rezone the property, making it clear that this is guided for (R-1C) use and that the (R-1C) zoning would only be in effect unless and until redevelopment would occur. Jim Thomson stated that the issue is not consistency with the Comprehensive Plan, but what to do. He said that adding language which states that if and when the property redevelops the zoning would revert to (B-1)would address Ms. Goldberg's situation. Sweeney/Link offered Ordinance No. 530, Fourth Series, an Ordinance of the City of Shakopee, Minnesota, Amending the Zoning Map Adopted in City Code Sec. 11.03 by Rezoning the North One-Half of Block 169, Shakopee City Plat, from Highway Business (B-1) to Old Shakopee Residential Zone (R-C), and moved its adoption. Motion carried unanimously. Sweeney/Link offered Ordinance No. 531, Fourth Series, an Ordinance of the City of Shakopee, Minnesota, Amending Chapter 12, Subdivision Regulations, Subd. 5, Item 2.u. Regarding Park Dedication, and moved its adoption. (Motion carried under the Consent Agenda.) Sweeney/Link moved to accept the resignation of Bryan Koch, police officer for the City of Shakopee, effective October 25th, 1998. (Motion carried under the Consent Agenda.) Sweeney/Link moved to request that the Police Civil Service Commission fill the vacancy. (Motion carried under the Consent Agenda.) Sweeney/Link moved to approve the resignation agreement between the City of Shakopee and Police Officer, Bryan D. Koch. (Motion carried under the Consent Agenda.) Item 15.D.3. Easement Acquisition - Vierling Drive from West Plat Line of Orchard Park West to Fuller Street was taken out of the regular order on the agenda. Official Proceedings of the October 20, 1998 Shakopee City Council Page -7- Bruce Loney explained that staff has had some difficulty in getting to meet with Minnegasco to discuss the process of relocating a major gas line, in conjunction with the City's need to acquire an easement, to minimize the impact to the Pieper's. He said the proposed action would allow the condemnation process to begin and that negotiations would continue with the Pieper's for the right of way easement acquisition. This would allow staff to obtain an appraisal in order to offer an appraised amount. Bob Pieper approached the podium and stated that he had also had difficulty in contacting a Minnegasco representative. He said he is waiting to find out what Minnegasco's plans are before making a commitment to the City for an easement. DuBois/Link offered Resolution No. 4960, a Resolution of the City of Shakopee, Minnesota, Determining the Necessity for and Authorizing the Acquisition of Certain Property by Proceedings in Eminent Domain, and moved its adoption. Motion carried unanimously. Sweeney/Amundson moved to authorize staff to continue easement acquisition negotiations with the affected property owner. Motion carried unanimously. Cncl. Sweeney recommended notifying the County that the parking spaces posted as "Sheriff's Parking Only" are to be used only by those vehicles clearly identified as "Sheriff's" vehicles and not for use by the personal vehicles of the Chief Deputy or court services. Sweeney/Link moved to direct City staff to place signs posting restriction of parking to "Sheriff's Parking Only" vehicles only on the north side of 5th Avenue adjacent to the County Jail and to exempt the Sheriff's vehicles from the City's winter parking restrictions. Motion carried unanimously. Item 15.E.7. EverGreen heights Purchase Agreement was taken out of the regular order on the agenda. Mark McNeill explained that there is now a revised draft agreement for the EverGreen Heights purchase of City land adjacent to the fire station. The purchase price of$325,000 must be paid no later than October 1, 1999. Closing will only occur if EverGreen provides proof to the City that the property will be used solely for affordable housing. He said that if EverGreen has not begun construction of affordable housing on the second phase by October 1, 2001, the City has the option to repurchase that portion for the second phase for the $150,000 that EverGreen paid for it, plus EverGreen's holding costs. In addition, the City will convey the MnDOT parcel being acquired by the City to EverGreen for a day care center only if EverGreen obtains financing for both the first phase of the affordable housing project and for the day care center. Mr. McClenahan, EverGreen Heights Developer, approached the podium and stated that after the Council meeting two weeks ago the purchase agreement has been restored to its original terms. Official Proceedings of the October 20, 1999 Shakopee City Council Page -8- He said the only change is that it has been moved forward one year to allow a one year extension of the earlier agreement. He said he will arrange for his own financing for the entire parcel but will develop it in two phases. Mr. McClenahan asked that the link between the housing and day care be reconsidered in light of what has occurred over the last few months. He said that the daycare center was a service that the residents of the housing will need. However, he discovered that housing dollars are not spent on day care. In response to this discovery, other sources of funds specifically for day care were sought and are in the process of being applied for. Mr. MClenahan said that the proposed day care is on a sight, independent of the ten acres and serves community needs. (It is proposed to be on the parcel that the City is purchasing from MnDOT and reconveying to EverGreen.) He said whatever is constructed on the ten acres would be compatible with a day care on the two acre site. He explained that the Cap Agency will own and operate the day care. This will include other programs such as a crisis nursery, a visitation center, and some collaborative programs, making this a point of delivery for the Cap Agency Programs. He said it would be a mistake to tie the day care center to the housing project, and that the benefit to the community would be lost if the day care center were not approved, should the housing project fail. He asked that the Council reconsider and allow the Mn/DOT parcel to stand alone. A discussion ensued relative to the proposed agreement. Mark McNeill explained that the City would have the opportunity to purchase back the second half of the 10 acre site, if it desires. In response to questions as to the Cap Agency's commitment, Mr. McClenahan stated that he has a letter in the form of a letter of intent, directing their Board to move forward, as well as working papers that form the basis for the applications that have been made. Jim Thomson, City Attorney, stated that paragraph 4, page 2, addresses the City's obligation. It states that the obligation is contingent upon the buyer executing and recording documents stating that the Mn/DOT parcel be used solely for a day care center. He said the words "operated by C.A.P." could be added, so that the property is not conveyed until there is a binding agreement. He also stated that the fifth sentence under paragraph 5.1, page 3, could be deleted if it is not the desire to link the day care center to the affordable housing project. A discussion ensued relative to the linkage of the day care center and the townhomes with the language proposed by the City Attorney. There was a consensus that if the Cap Agency is involved the linkage to the housing project would not be necessary. Sweeney/Amundson moved to direct the appropriate officials to execute the revised purchase agreement by and between the City of Shakopee, and EverGreen Real Estate Development Corporation(for the property east of the fire station on Vierling Drive). Official Proceedings of the October 20, 1998 Shakopee City Council Page -9- Sweeney/Amundson moved to amend the motion to add the words "operated by C.A.P. Agency" after the words "day care center." under paragraph 4. Motion carried 4-1 with Cncl. DuBois opposed. Sweeney/Amundson moved to strike the third sentence of paragraph 5.1 "Seller's obligation under this paragraph is contingent upon Buyer closing on the Property no later than October 1, 1999."Motion carried 4-1 with Cncl. DuBois opposed. Cncl. DuBois stated that she could not vote in favor of the amended motion because it ties up the property for two years and does not serve the best interest of tax payers. The main motion as amended carried 3-2 with Cncls. Link and DuBois opposed. Mark McQuillan has indicated that the City would be a candidate for a grant that would help fund the construction for an addition to the Community Youth Center in 2000. The dead line is the end of October, 1998. The expansion would cost $200,000 and staff is proposing to move $200,000 from the $400,000 for Tahpah Baseball Stadium Improvements to the Community Youth Center Expansion Project. If successful in obtaining the grant, the funds could be shifted back to the baseball stadium or for other park projects. The City's portion of the 2-1 matching funds would be about $67,777 and the State's contribution would be about $133,333. Sweeney/Amundson moved to amend the 1999 Parks Five Year Capital Improvement Program by reducing the proposed funding for the Tahpah Park Baseball Stadium Project from $400,000 to $200,000 in 1999 and shift $200,000 for the expansion of the Community Youth Center in year 2000. Motion carried unanimously. Sweeney/Link moved to approve the construction of an outdoor hockey rink in Lions Park with funding to be allocated from the Park Reserve Fund not to exceed $12,000. (Motion carried under the Consent Agenda.) Sweeney/Link offered Resolution No. 4996, A Resolution Declaring the Cost to be Assessed and Ordering the Preparation of Proposed Assessments for Vierling Drive, from Taylor Street to Presidential Lane; Taylor Street, from Vierling Drive to the North Plat Line of Arlington Ridge First Addition; and Polk Street, from Vierling Drive to 13th Avenue, Project No. 1994-10, and moved its adoption. (Motion carried under the Consent Agenda.) Sweeney/Link offered Resolution No. 5004, a Resolution Declaring the Cost to be Assessed and Ordering the Preparation of Proposed Assessments for Southbridge Parkway Collector Street, Utilities Landscaping, Lighting, Irrigation, Restoration and Appurtenant Work, Project No.'s 1997-4 and 1997-4A, and moved its adoption. (Motion carried under the Consent Agenda.) Official Proceedings of the October 20, 1998 Shakopee City Council Page -10- Sweeney/Link moved to appoint Councilor Robert Sweeney to be the Shakopee Representative on the Citizen's Advisory Committee with the Scott County Water Management Organization with Lou VanHout as alternate. (Motion carried under the Consent Agenda.) Sweeney/Link moved to appoint Councilor Robert Sweeney, Lou VanHout and the Public Works Director or his designee as representatives to the Shakopee Basin Watershed Advisory Committee with the Scott County Water Management Organization. (Motion carried under the Consent Agenda.) Sweeney/Link moved to appoint the Public Works Director or his designee as representatives to the Technical Advisory Committee with the Scott County Water Management Organization. (Motion carried under the Consent Agenda.) Bruce Loney stated that $20,000.00 was budgeted in the 1998 Street Division Budget for concrete removal and replacement. He requested that the City Council consider a budget change for the work to be done in the spring of 1999 because of the unavailability of contractors in 1998. $5,000.00 for street light replacement in the downtown area was also budgeted. Staff estimates that there are three lights which need replacement this year and the rest could be done next year. Mr. Loney explained that the contractors are too busy and have indicated that bid prices would be cheaper in 1999. Staff has decided to replace the worst street lights this year. DuBois/Sweeney moved to direct the Finance Director to prepare a 1999 Budget change for concrete sidewalk replacement and concrete street light replacement work in the amounts of $10,000.00 and $4,000.00 respectively. Motion carried unanimously. Mark McNeill reported that the school district has discussed with Shakopee Crossings the possibility of not doing a land swap, but instead have Shakopee Crossings reconfigure a portion of their residential development, and sell to the District an adjacent strip of land of approximately 100' to 150' in width, which is currently guided for medium density residential in the Southbridge subdivision. The 150' wide parcel is not currently in the MUSA, but is in a current application to expand the MUSA. The PUD for Shakopee Crossings portion of Southbridge would also need to be modified . The sale of a current City-owned outlot to the school district would add revenue back to the City through the sale of a portion of land that is otherwise going to be used as open space. The proceeds from the sale could then be applied to the purchase of the MnDOT property. The City could also have the revenue from any outright land sale of the portion of the MnDOT property not needed for park purposes. This will reduce the amount of City funding to go towards the purchase of the MnDOT parcel. In response to a question as to whether the school district would be prohibited from building on the site, if the MUSA expansion were not granted, Michael Leek stated that it would be possible to develop a site plan using that portion of the site, or some use that doesn't require sewering. Official Proceedings of the October 20, 1998 Shakopee City Council Page -11- Sweeney/Amundson moved to direct the City Administrator to work with the school district to hire an appraiser to establish a value of the outlot property in Southbridge 1st Addition, for potential sale by the City to I.S.D. 720, for an elementary school site. Motion carried unanimously. Sweeney/Link moved to direct the standard developer's agreement be amended to provide for the payment of interest on escrow funds deposited with the City to insure the construction of improvements by a developer under Plan A in the developer's agreement. (Motion carried under the Consent Agenda.) Sweeney/Link moved to authorize payment of $6,960.25 to Valley Green Business Park, as interest on the sidewalk escrow account for Canterbury Park 2nd Addition. (Motion carried under the Consent Agenda.) Sweeney/Link moved to authorize the accruing of interest for sidewalk escrow accounts, retroactive to the time they were deposited with the City, for Calvary Addition, Evergreen First Addition, Dallas First Addition, and Parkview 1st Addition; and for water for Halo 2nd Addition. (Motion carried under the Consent Agenda.) Sweeney/Link moved to authorize City staff to provide financial services to the Southwest Metro Drug Task Force utilizing the City checking account. (Motion carried under the Consent Agenda.) Item 15.E.5. Set Public Hearing for TIF Modifications for Districts 1,3, 7 and 9 - Resolution No. 5007, was taken out of the regular order on the agenda. Link/Sweeney offered Resolution No. 5007, A Resolution Calling for a Public Hearing on the Modification of Tax Increment Financing Plans for Tax Increment Financing District Nos. 1,3,7 and 9 and a Modified Redevelopment Plan for the Minnesota River Valley Housing and Redevelopment Project No. 1, and moved its adoption. Motion carried unanimously. Sweeney/Link moved to adopt the proposed 1998 Legislative Policies for the Association of Metropolitan Municipalities. (Motion carried under the Consent Agenda.) Sweeney/Link offered Resolution No. 5006, A Resolution Providing for the Issuance and Sale of $2,375,000 General Obligation Improvements Bonds, Series 1998B, and moved its adoption. (Motion carried under the Consent Agenda.) Sweeney/Link moved to authorize an amendment to the current contract with Springsted for services relating to continuing disclosure and rebate services. (Motion carried under the Consent Agenda.) Official Proceedings of the October 20, 1998 Shakopee City Council Page -12- Mark McNeill reported that part of the signage study that had been done downtown by WSB included recommendations for changes in parking restrictions in the downtown. He said there are some of the downtown property owners who are not in agreement with those recommendations. Mr. McNeill recommended hearing the concerns of those property owners at a workshop on Tuesday,November 10, 1998, at 6:15 p.m. Sweeney/Amundson moved to schedule a workshop on Tuesday, November 10, 1998, at 6:15 p.m. in order to give downtown business owners an opportunity to attend the discussion on the downtown parking restriction issues. Motion carried unanimously. Cncl. DuBois discussed safety concerns related to the use of the Community Center. DuBois/Sweeney moved to direct staff to look into the cost of installing a video monitor or audible safety device at the Community Center. Mark McNeill reported that an estimate of between $5,000 to $8,000 has been received for some type of audible device. A discussion ensued as to the balance of funds remaining in the Community Center Budget. Mark McNeill said that there may be some remaining funds and that staff will look into this and report back with alternatives. Motion carried unanimously. A recess was taken at 10:07 p.m. for the purpose of conducting an executive session to discuss labor negotiations and pending litigation. The meeting re-convened at 10:25 p.m. No action was taken by the City Council during the executive session. Mr. McNeill reviewed proposed revisions to the 1998 pay plan for a number of non union employees. On October 6, 1998, City Council directed that steps be taken to get all employees' top steps within a 95%-105% corridor of the Stanton Group Six average top wage. In addition, he explained what changes would be necessary to bring the Park and Recreation Director and Deputy Police Chief salaries into compliance with that direction. In the Police Department, he recommended that two Clerk Typist II positions be retitled"Police Records Technician" and that one part time Clerk Typist I employee be promoted to "Police Records Technician" at Step 1 of pay grade C. In the Park and Recreation Department, he recommended that Clerk Typist I, Barb Potthier's position, be retitled "Customer Service Representative" and that Clerk Typist I, Judy Techam's position, be reclassified as "Office Service Worker", at pay grade B, at the next appropriate step. Official Proceedings of the October 20, 1998 Shakopee City Council Page -13- Mr. McNeill explained that three positions will be recommended for reclassification or promotion at the November 4th City Council meeting. Two positions are in the Engineering Department: the Assistant City Engineer and the Senior Tech II. The Custodian position is also recommended to be reclassified. Mr. McNeill recommended that the proposed pay plan amendment be implemented November 1, 1998. The total cost of the implementation if effective 11/1/98 is $3,100. Sweeney/Link offered Resolution No. 5005, A Resolution Amending Resolution No. 4799, Which Adopted the 1998 Pay Schedule for the Officers and Non-Union Employees of the City of Shakopee, and moved its adoption. Motion carried unanimously. Sweeney/DuBois moved to adjourn to October 26, 1998, at 4:30 p.m. Motion carried unanimously. The meeting was adjourned at 10:39 p.m. • c - G)6 ith S. Cox ity Clerk Esther TenEyck Recording Secretary OFFICIAL PROCEEDINGS OF THE CITY COUNCIL ADJ. REGULAR SESSION SHAKOPEE, MINNESOTA OCTOBER 26, 1998 Mayor Brekke called the meeting to order at 4:30 p.m. with Councilmembers Deb Amundson, Jane DuBois, Cletus Link and Bob Sweeney present. Those absent: None. Also present were Mark McNeill, City Administrator; R. Michael Leek, Community Development Director; Bruce Loney, Public Works Director and Judith Cox, City Clerk. Mayor Brekke noted an addition to the agenda, Item 3D, Tobacco Violation for Canterbury Inn. Mayor Brekke stated that the hearing was originally scheduled for November 10, 1998, however, representatives from the hotel would not be available and requested their hearing be held sooner. Sweeney/DuBois moved to approve the agenda as modified. Motion carried unanimously. Mark McNeill stated that Canterbury Inn was being sold as of Friday and wanted their tobacco violation taken care of before the sale occurred. (Compliance checks were conducted in November, 1997. ) Mr. McNeill stated that Canterbury Inn was willing to admit to the violation and pay the $200 fine. He further noted that Canterbury Inn did not renew its tobacco license in January, 1998. Bob Sweeney noted his concern regarding the absence of written confirmation from Canterbury Inn regarding admitting the violation and paying of the fine. Pamela Clark from Canterbury Inn approached the podium. She stated Canterbury Inn would offer written admission of the violation and willingness to pay the fine. Sweeney/Amundson moved to impose a $200 penalty on Canterbury Inn for their tobacco violation. It was noted that the City Council was not considering the status of their license because it was not renewed for 1998. Motion carried unanimously. The Council entered the Work Session. Leslie Vermillion, Project Coordinator of the County Road 42 Corridor Study approached the podium. She stated that Shakopee was the first of six cities to hear the study presentation which took one and one-half years to prepare. Ms. Vermillion noted a conflict ensues when the cities make land use decisions relative to development along the corridor and the counties want to provide safe and efficient travel. She noted that a seventh city, Lakeville, was added later in the study, however, the City of Lakeville was undecided if it wanted to be involved. She noted that the study received input from a Technical Committee consisting of engineering and planning professionals from Dakota and Scott Counties, the cities in the study area, the Metropolitan Council, MnDOT and Minnesota Valley Transit Authority; an Advisory Committee consisting of residents and representatives of the business community in Dakota and Scott Counties and the cities in the study area; three open houses; a study newsletter and presentations to business organizations. Ms. Vermillion then introduced Howard Preston of BRW who was the project manager. Official Proceedings of the October 26, 1998 Shakopee City Council Page -2- Howard Preston approached the podium. He noted the study found a significant amount of new growth and that County Road 42 serves a dual role in that it provides access to both residential and commercial travelers. Mr. Preston stated the study found that not all land uses require direct access and that there is an apparent lack of minor arterial roadways. Mr. Preston stated that a substantial increase in traffic by 2000 could be expected. The study also looked at other highways (Highway 13, County Road 46, etc. ) and concluded there was not sufficient reserve capacity. Mr. Preston stated that the consequences of doing nothing regarding County Road 42 was significant. He also noted that objective rates of speed were formed for different road segments and then analyzed and tested via computer modeling. Costs were also looked at and included low cost improvements such as changing the timing of stoplights; moderate costs such as adding lanes and improving the road system to use less stoplights; and high costs such as grade separations at major intersections. Mr. Preston stated that 406 accesses were found on County Road 42 which figure was comprised of approximately one-half residential access and one-half commercial access. He stated that based on the research and study, the following recommendations were being made: Regarding land use changes, the study recommended amending the comprehensive plan, developing a model land use and access management ordinance and formalizing access variance. Regarding functional use, the recommendations included maintaining the principal arterial designation and begin planning for a new principal arterial four to six miles south of County Road 42. Regarding access spacing, recommended a target of one-half mile average spacing between full access, signalized intersections, partial access at intermediate locations and prioritizing a plan for revising existing access points. Leslie Vermillion reapproached the podium. She stated that they would be meeting with the counties in December and would like input from the cities prior to that time. Mayor Brekke questioned how the higher speeds and trip lengths in Shakopee affect the speeds and average trip length in Burnsville. Howard Preston stated that average trip lengths were measured. He noted that people in the Burnsville area wanted to know if trip lengths on that portion of County Road 42 were consistent with a five-mile trip length on other principal arterials. Mr. Preston stated that the study found that County Road 42 is mostly driven to get from a neighborhood to a freeway. He further noted that the bottom line is improving the mobility on County Road 42. Deb Amundson questioned who the heaviest users were of County Road 42. Leslie Vermillion replied that during the week, high volume was due to commuters and on Saturdays, high volume was due to retail traffic. Cletus Link questioned how many miles of County Road 42 were within the Shakopee city limits. Bruce Loney stated that the area consisted of one-half Official Proceedings of the October 26, 1998 Shakopee City Council Page -3- mile west of County Road 83 to County Road 17 was within the City limits. Mr. Link questioned if the Council needed to look at the Comprehensive Plan and change the zoning at this time. Leslie Vermillion stated that they were working with the counties at this time regarding ordinances and an access plan which the cities would be advised about so they could plan for the future. R. Michael Leek approached the podium. Mr. Leek stated that the key is planning for access spacing and designated use. Bob Sweeney questioned whether the option of a toll road was considered. Howard Preston stated it was discussed, however, no one on the committee envisioned a toll road. Mr. Sweeney stated that a toll road would force people to look at other alternatives. Leslie Vermillion stated that the Technical and Advisory Committees concluded that none of the city land use plans supported anything other than single occupant vehicles. Mayor Brekke stated it would be interesting to know who would pay for the improvements. Howard Preston stated that since County Road 42 is on a state highway system, it would be eligible for regional and federal funding. Jane DuBois questioned whether a freeway would be an option. Howard Preston replied that while it would be possible, it would be improbable noting a similar option was chosen for Highway 12 which is now 394. Mr. Preston stated that the cost for that segment was approximately $40 million per mile with 25% attributable to right of way acquisition and 75% attributable to construction costs. Mayor Brekke questioned whether light rail was possible. Leslie Vermillion stated that Dakota County was now analyzing Cedar Avenue for light rail, but no conclusions were available. Cletus Link asked whether Mystic Lake was also receiving a presentation. Leslie Vermillion stated that while they were an active participant in the study, she was not aware of anyone looking to Mystic Lake for costs of improvements. Scott Merkley, Scott County Transportation Manager, approached the podium. He noted that Shakopee is considered a minor arterial. Mr. Merkley felt there was a regional need to get traffic to 169. He also stated that there may need to be a change in access spacing guidelines in the rural areas of Shakopee and Prior Lake. Mayor Brekke questioned whether the County was looking at reducing the speed on County Road 17 north of 169. Bruce Loney stated that another study was going to be completed after the stoplight is installed. Official Proceedings of the October 26, 1998 Shakopee City Council Page -4- The Council then focused on the signage issue. Bruce Loney stated that he received a lot of requests for stop signs and slow children signs. He stated that the City needed to establish policies for signs to be consistent and uniform. Mr. Loney introduced Chuck Rickart of WSB. Mr. Rickart approached the podium and stated that WSB had performed a study regarding signage. Mr. Rickart stated that the City was required to follow federal laws. Based on a study of the City and the laws, WSB developed a stop sign and warning sign policy. Regarding warning signs, Mr. Rickart stated that a decision could be made at staff level and if any problems occurred, those could be brought to the Council. Regarding stop signs, WSB split the issue into two categories, i.e. collector roadways and those streets less traveled. Regarding inserting a new stop sign, WSB proposed that the Council require 80% of residents within a 300-foot radius petition the Council for a stop sign. Another alternative would be performing a baseline evaluation which would be a quick look to see if a stop sign was warranted. If there are no accidents and a low volume of traffic, the issue would probably not need further investigation. Mr. Rickart stated that WSB reviewed all the signs in Shakopee and rated them. A list was provided of the signs which need replacement. Regarding stop signs, Mr. Rickart highlighted intersections that need stop signs or changes. Mr. Rickart stated a study should be made of the courthouse area when construction is complete. Mr. Rickart also recommended removing the yield signs and replacing them with stop signs. Mayor Brekke questioned whether any recommendation was forthcoming for the intersection of Bluestem and Whitney. Mr. Rickart responded that signage for that intersection was included in the recommendations. Jane DuBois questioned whether the area of Adams and 6th Avenue was studied and noted that coming up the hill on Adams is difficult. Bruce Loney stated the area was studied and it was determined not to be a major problem. Ms. DuBois stated that traffic had increased since 169 was complete. Mr. Loney stated that although the traffic volume was high, it did not meet the threshold for recommending any changes. Ms. DuBois stated that since County Market was now closed, perhaps the problem would correct itself. Bruce Loney stated that any specific signage changes would be brought before the Council. Mayor Brekke stated it was the consensus of the Council that staff not bring any requests for removal of stop signs. Regarding school signs, Chuck Rickart noted that these signs were being looked at to bring them up-to-date and WSB was working with the school district. He also noted that speed zones also need to be looked at. Mr. Official Proceedings of the October 26, 1998 Shakopee City Council Page -5- Rickart stated that the City cannot go below 15 mph but can reduce the speed on City streets. He provided a manual published by the State with recommended guidelines. Deb Amundson questioned why there was not a crosswalk by Sweeney school and Marystown Road and that the area needs attention. Chuck Rickart noted there is a state law which requires traffic to stop for any pedestrian off the curb. Bob Sweeney noted that this was an ongoing problem which had been brought to the County's attention before and no satisfaction was attained. Jane DuBois questioned whether a school crossing sign could be installed and Mr. Rickart replied it would be a county matter. He did note that florescent green signs were now being used in some areas. Bruce Loney recommended phasing in the costs regarding signs over time. Mayor Brekke suggested meeting with representatives of St. Mark's Church regarding the traffic in the area of Atwood and St. Mark's. Bob Sweeney recommended checking the court-sentenced community service list to see if some of the work, such as painting, could be done by those needing to perform community service. It was the consensus of the Council that the study provided a good starting point regarding the signage issues and that it could start being used as a working document. DuBois/Amundson moved to adjourn. Motion carried unanimously. Meeting adjourned at 6:36 p.m. Respectfully submitted, ..... ,,,,,,,A,_ _ oi,,, •ith S. Cox y Clerk Janet Vogel Freeman Recording Secretary i it /I CITY OF SHAKOPEE Memorandum ' ` '' A TO: Mayor and Council Mark McNeill, City Administrator FROM: Gregg Voxland, Finance Director RE: City Bill List DATE: January 14, 1999 Introduction and Background Attached is a print out showing the division budget status for 1998 based on data entered as of 01/14/99 . Also attached is a regular council bill list for invoices processed to date for council approval . Included in the check list but under the control of the EDA are checks for the EDA General Fund (code 0191) and Seagate (codes 6654 & 9450 including Canterbury Drive) in the amount of $42 .49. Action Requested Move to approve the bills in the amount of $1, 015, 324 .30 . w CITY OF SHAKOPEE EXPENSES BY DEPARTMENT 12/31/98 CURRENT YEAR ANNUAL MONTH TO PERCENT DEPT DEPT NAME BUDGET ACTUAL DATE EXPENDED 00 N/A 258,619 0 -0 0 11 MAYOR & COUNCIL 75,330 3,213 67,524 90 12 CITY ADMINISTRATOR 225,000 18,255 172,055 76 13 CITY CLERK 182,430 16,791 170,627 94 15 FINANCE 326,090 25,045 302,160 93 16 LEGAL COUNSEL 263,500 26,777 251,624 95 17 COMMUNITY DEVELOPMENT 512,700 57,545 496,177 97 18 GENERAL GOVERNMENT BUILDINGS 148,390 13,520 107,965 73 31 POLICE 1,812,370 180,899 1,712,474 94 32 FIRE 486,860 37,696 437,400 90 33 INSPECTION-BLDG-PLMBG-HTG 261,400 33,154 257,432 98 41 ENGINEERING 417,790 44,803 405,856 97 42 STREET MAINTENANCE 1,213,580 48,637 927,314 76 44 SHOP 125,890 16,007 112,601 89 46 PARK MAINTENANCE 430,960 30,245 383,778 89 91 UNALLOCATED 1,944,530 34,906 409,732 21 TOTAL GENERAL FUND 8,685,439 587,493 6,214,718 72 17 COMMUNITY DEVELOPMENT 485,570 58,516 405,709 84 TOTAL TRANSIT 485,570 58,516 405,709 84 19 EDA 156,600 47,188 124,731 80 TOTAL EDA 156,600 47,188 124,731 80 N A) CJl C4 1 0 00000000000 0 0 00 0 00 0 0 0 0000 0 0 x w 0 C 1 O '4 Z H H CO Tr W0 0 N N 0 U H ri.-1 ri ri ri rlH,-i ri ri rl u1 t0 OO to CO I 0u) MMMMMMMMMMM ul co 0101 m -N m V', H H LT?' 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Memorandum TO: Honorable Mayor and City Council Mark McNeill, City Administrator FROM: Julie Klima, Planner II SUBJECT: , Vacation of an"Eyebrow" Cul de Sac in Peace Avenue, and Partial Vacation , of Dominion Avenue in Dominion Hills t DATE: January 19, 1999 1, INTRODUCTION The City Council received a request from C.E. Coulter and Associates and David Brown to consider the vacation of a partial cul de sac on Peace Avenue and the partial vacation of Dominion Avenue within the plat of Dominion Hills. The applicant is requesting the vacation to eliminate an unnecessary partial cul de sac, and a second street connection to the property to the east. The applicant maintains that a second street connection is no longer necessary for development of the property to the east. DISCUSSION The Planning Commission reviewed the request at its, meeting of January 7, 1999. The - rt Commission recommended approval of the vacation of the partial cul de sac on Peace Avenue, but recommends that the partial vacation of Dominion Avenue not proceed at this time. Please find attached a copy of the January 7, 1999, Planning Commission staff memorandum. ALTERNATIVES 1. Approve the vacation, as requested by the applicant. 2. Approve the vacation of the partial cul de sac on Peace Avenue. 3. Approve the partial vacation of Dominion Avenue. #- 4. Deny the request to vacate the partial cul de sac on Peace Avenue. 5. Deny the request to vacate a portion of Dominion Avenue. 6. Table the decision to allow staff or the applicant time to provide additional information. PLANNING COMMISSION RECOMMENDATION The Planning Commission recommended approval of the vacation of the partial cul de sac on Peace Avenue (Alternative No. 2) and denial of the request to vacate a portion of Dominion " ,. Avenue (Alternative No. 5). ACTION REQUESTED x { Offer and approve Resolution No. 5051, Approving the Vacation of a Partial Cul de sac on Peace Avenue. j.. OR ,, If the Council determines that alternatives other than those recommended by the Planning Commission are appropriate, it should direct staff to prepare the appropriate resolution. ti Vie ' 1 _ Julie Klima Planner II is\commdev\cc\1999\cc0119\vacdmhls.doc r 1 ._,,..„ _ .,,, ,,, 1 RESOLUTION NO. 5051 .`* A RESOLUTION OF THE CITY OF SHAKOPEE VACATING THE PARTIAL CUL DE SAC LOCATED IN PEACE AVENUE, DOMINION HILLS, CITY OF SHAKOPEE, SCOTT COUNTY,MINNESOTA . x4;. WHEREAS, right-of-way in the form of a partial cul de sac along Peace Avenue has been =. dedicated as a part of the Dominion Hills Plat; and r WHEREAS, it has been made to appear to the Shakopee City Council that this right-of- I-.:way serves no public use or interest; and WHEREAS, the public hearing to consider the action to vacate was held in the Council Chambers of the City Hall in the City of Shakopee at 7:00 P.M. on the 19th day of January, 1999; and i WHEREAS, two weeks published notice has been given in the SHAKOPEE VALLEYEY NEWS and posted notice has been given 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; and WHEREAS, all persons desiring to be heard on the matter were given an opportunity to be heard at the public hearing in the Council Chambers in the City of Shakopee. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE t CITY OF SHAKOPEE, MINNESOTA: 1. That it finds and determines the vacation hereinafter described is in the public interest; and t • 2. That the following right-of-way located along Peace Avenue in Dominion Hills, City of Shakopee, Scott County, Minnesota, serves no further public need, is hereby vacated, and described as follows: 4 That part of Peace Avenue as platted in DOMINION HILLS, Scott County, l'. Minnesota, lying North of the following described line, to wit; Commencing at the Southeast corner of Outlot C, said Dominion Hills; thence South 89 degrees 03 minutes 15 seconds West, assumed bearing, along the South line of said Outlot C a distance of 640.25 feet to the actual point of beginning of the line to be described; thence South 89 degrees 03 minutes 15 seconds West a r distance of 120.00 feet and said line there terminating. I I f � 3. After the adoption of this Resolution, the City Clerk shall file certified copies hereof with the # may. County Auditor and County Recorder of Scott County. Adopted in session of the City Council of the City of Shakopee, Minnesota,Held the day of , 1999 -44 . Mayor of the City of Shakopee 'x ATTEST: City Clerk PREPARED BY: City of Shakopee y' 129 South Holmes Street Shakopee, MN 55379 i.� i 3 Axa,i *1,-.:::, vt 44. #s A a_ ;ti s . , �. -.A -,,,, ..., . .., -.. .„, CERTIFICATION OF RESOLUTION NO. 5051 3 Tyf_ I, Judith S. Cox, City Clerk of the City of Shakopee, Minnesota, do hereby :-k :, certify that the attached is a true and correct copy of Resolution No. , presented to and adopted by the City Council of the City of Shakopee at a duly authorized -4/,‘.; . meeting thereof held on the 19th day of January, 1999, as shown by the minutes of ' 4 3 the meeting in my possession. k Dated this day of , 1999. Y s i 1 t n I A Kn t -'.s A I ,. CITY OF SHAKOPEE Memorandum TO: Shakopee Planning Commission FROM: R. Michael Leek, Community Development Director Julie Klima, Planner II SUBJECT: Vacation of an"Eyebrow" Cul de Sac in Peace Avenue, and Partial Vacation of Dominion Avenue in DOMINION HILLS MEETING DATE:January 7, 1998 SITE INFORMATION: Applicant: C. E. Coulter&Associates, Inc. Owner: David Brown Site Location: Dominion Hills plat;East of CSAH 17;North of Chateau Avenue; South of a line extended eastward from CSAH 78 Current Zoning: Rural Residential(RR) Adjacent Zoning: North: Rural Residential(RR) South: Rural Residential(RR) East: Rural Residential(RR) West: Rural Residential(RR) 1995 Comp.Plan: Single Family Residential MUSA: The site is not within the MUSA boundary DISCUSSION: The City Council received a request from C. E. Coulter&Associates, Inc. and David Brown to consider the vacation of a partial cul de sac on Peace Avenue and the partial vacation of Dominion Avenue within the plat of Dominion Hills. The purpose of the request is to vacate an unnecessary partial cul de sac, and a second street connection to the property to the east which the applicant maintains is no longer necessary for development of the property to the east. The City Council will hold a public hearing on January 19, 1999 to consider this vacation request. A recommendation from the Planning Commission is needed for the vacation process. Other agencies, city departments and utilities have been notified of the proposed vacation, and no comments adverse to this request have been received. A copy of the Engineering Department's comments accompanies this report. Maps indicating the location and proposed vacation are attached for your review. BOAA/PC/1999/0107/vacdomin.doc ALTERNATIVES: 1. Recommend to the City Council both proposed vacations. 2. Recommend to the City Council only the vacation of the partial cul de sac or the partial vacation of Dominion Avenue. 3. Recommend to the City Council denial of the request to vacate the subject rights of way. 4. Table the decision to allow staff or the applicant time to provide additional information. STAFF RECOMMENDATION: Staff recommends that the Planning Commission recommend to the City Council approval of the vacation of the"eyebrow"cul de sac, and seeks the Commission's direction regarding the partial vacation of Dominion Avenue. ACTION REQUESTED: Offer and pass a motion recommending approval to the City Council of the vacation of the partial cul de sac on Peace Avenue, and either recommending or not the partial vacation of Dominion Avenue as depicted. ulie Klima Planner II i;\commdev\boaa pc\1999\0107\vacdomin.doc /(0) a pa -< 40 CIO CI ge, !<3 4 ig Pr 0 0 io.,- 1.4 - -0 w4nillal -4 11 • 2'. ' . 0 I 4111 Isk s, ,..,,,. tri: t41 --4.w • InA 11111111 I I illiiIIIIIIIIIIIIA• d 73 kVA !dm.. 11-.0‘... L:1)i gag*. A . 1 5° 1 ii:1111111rAillik MI i > Illik 0 �► 11 FliCO r 1./Mr/ D HER. 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Wood Park I Suite 216 C .East 146th St. eil& Burnsville, Minnesota 55337-4856 MrPhone:612-824-0370/612-953-3639 Fax:612-953-3971 E—mail: coulter-isd.net 100 0 100 200 300 Feet 64 r.t mi oar sort i- 1 I- I PROPOSED STREET VACATION 0 .o oN 0 in 0 0 06 + e o 00 OUTLOT � � ' P Diad,-1 SE CORNER_ of `` e --- ------ \.;' OUTLOT C / _PROPOSED STREET A C + -- VACATION ' 202.00 `` , .. •. ,1s ztjo 640.25 6 O 4I , 700.17. 2 C SOUTH LINE:OUTLOT 0- _ "' — -- 1041.93 589°03'15-W AVENUE ' M P EAC E ---- SOUTH LINE OF NW 1/4 OF NW 1/4 — SEC. 20, TWP. 115, RGE. 22 NOTES: 1 0 DENOTES PROPERTY CORNER. 2 ALL BEARINGS SHOWN ARE ASSUMED DATUM. 3 AREA OF PROPOSED STREET VACATION CONTAINS 5,655 SQUARE FEET OR 0.130 ACRES. NOTE: THIS SURVEY CERTIFICATE IS NOT VALID WITHOUT A RAISED SEAL. COPYRIGHT© 1998, C.E. COULTER & ASSOCIATES, INC. I DERBY CERTIFY THAT THIS SURVEY, PLAN OR REPORT WAS PREPARED DY GARY D. EE&GQL'I5T ME OR TINDER YY DIRECT SUPERVISION INTI THAT I AM A DULY REGISTERED LAND SUR : ••. UR:4: THE LAWS OF :t: STATE OF I NESOTA. ��/ JOB NO. 11,518D SCALE: 1' = 100' _ 12/9/98 LIC. NO. 13792 BE/PG. 914/2 SHEET 1 OF 2 • High Rise Construction C. E. COULTER & ASSOCIATES, INC. ConstructionRatting Layout • Lot Surveys r.NVD SURVEYORS ALTA Surveys Professionally Licensed In Minnesota lows and Wisconsin Section subdivisions TbpograPNc PAWN • JOHN COULTER PETERSON Shopping Centers • Wood Park t.Suite 216.1000 East 146th Street,Burnsville.MN 55337-4656 - (612)824-0370 / (612)953-3639 / FAX(612)953-3971 E-Mail:couiterOlsd.net LEGAL DESCRIPTION FOR PROPOSED STREET VACATION That part of Peace Avenue as platted in DOMINION HILLS, Scott County,Minnesota, lying North of the following described line, to wit: Commencing at the Southeast corner of OUTLOT C,said DOMINION HILLS;thence South 89 degrees 03 minutes 15 seconds West, assumed bearing, along the South line of said OUTLOT C a distance of 640.25 feet to the actual point of beginning of the line to be described; thence South 89 degrees 03 minutes 15 seconds West a distance of 120.00 feet and said line there terminating. Dated: l�Z Signed: ' Jo14Coulter Peterson Minnesota License No. 13792 CEC PROJECT NO. 11518D SHEET 2 OF 2 SHEETS 12/9/98 file:words/peace.doc 0 0 , . 'C. E. COULTER & ASSOCIATES, INC LICENSED LAND SURVEYORS IN MINNESOTA, WISCONSIN AND IOWA /IC/ Wood Park I Suite 216 gila <. 1000 East 146th St. NORTH Burnsville, Minnesota 55337-4656 Mr, Phone:812-824-0370/612-953-3639 Fax:812-953-3971 E—mail: coulter®isd.net 100 0 100 200 300 Feet $.11.., 1.,, 00r.1L I I-' I PROPOSED STREET VACATION OUTLOT WPO cv o nM SE'LY CORNER__ d c OUTLOT D cv co L7) v raco QII 4) �, • ns 000 �I to`� 1'\4) .� .--S'LY LINE OUTLOT D ` In �� Did'\ Doo +0i .,. ' 60.00 160.00 AM*,.*, :,.01 AA/.....V.d..ri.t/ `2•g , • �Jd1i�o�88Ra40i '' '.pe w," izrAib �96S7'24" SV89°03'15 ��� , 4_27004, 187. ' �!J,���560 56'8 L' .....158-17 , " 6- 187.72 , `,3 O ' UTL0 �,�;, T �-50�2` �___ PROPOSED STREET p-0 f VACATION C • NOTES: 1 0 DENOTES PROPERTY CORNER. 2 ALL BEARINGS SHOWN ARE ASSUMED DATUM. 3 AREA OF PROPOSED STREET VACATION CONTAINS 23,182 SQUARE FEET OR 0.532 ACRES. NOTE: THIS SURVEY CERTIFICATE IS NOT VALID WITHOUT A RAISED SEAL. COPYRIGHT © 1998, C.E. COULTER & ASSOCIATES, INC. [ HEREBY CERTIFY THAT TILS SURVEY, PLAN OR REPORT /PAS PREPARED BY CLINT: GARY D. BBRG$UIST ME OR UNDER MY DIRECT SUPERVISION AND THAT I AM A DULY REGISTERED LAND r':,(i• UNDER THE LAVE OP THE STATE 0- ..II 'SOTA. 1� off wr � JOB NO. 11,51 BD SCAL& 1" = 100' )r 1. dr 12/9/9 8. >1c. NO. 13792 BK./PG. 914/2 SHEET 1 OF 2 Y� q t , !f ,- r.. C. E. COULTER & ASSOCIATES, INC. , '" t'' 4,. LAND SURVEYORS SadxMei � Professionally t kansed in Minnesota,towSection s and Wisconsin Topoprai t c -wino JOHN COULTER PETERSON ShoPPing Calkers r• `' Wood Pant I.Suite 216.1000 East 146th Street,Burnsville,MN 55337-4856 (612)824-0370 / (612)953-3639 / FAX(612)953.3971 E-Mail:ooulterOlsd.net LEGAL DESCRIPTION OF PROPOSED STREET VACATION That part of Dominion Avenue as platted in DOMINION HILLS, Scott County,Minnesota, lying Easterly of the circumferance of a circle having a radius of 60.00 feet, the center of said circle is described as follows: Commencing at the Southeast corner of OUTLOT D, said DOMINION HILLS;thence Southwesterly along a non-tangential curve concave to the North having a radius of 420.00 feet, a central angle of 43 degrees 25 minutes 24 seconds, said curve being the Southerly line of said OUTLOT D, a distance of 318.3dfeet;thence �atd'nstanh 89 c egof 120.00 feerees 03 t to ths 15 e radius ponnt of West, assumed bearing,tangent to last escribed curve said circle. Dated: /.zi9� 8 Signe fr. 61‘d- i-620xc4594 doulter Peterson innesota License No. 13792 CEC PROJECT NO. 11518D SHEET 2 OF 2 SHEETS 12/09/98 file: word5/berg.doc City of Shakopee Memorandum TO: Julie Klima,Planner II FROM: Joel Rutherford,Assistant City Engineer SUBJECT: Vacation of Portions of Dominion Avenue and Peace Avenue DATE: January 7, 1999 Staff has met several times with the developers of the Dominion Hills sub-division,and have reviewed various proposals for the Second Addition. During these discussions,the developers requested staff to examine the need for two street connections to the East, as recorded with the First Addition. Attached is a sketch of the area showing a potential roadway through the adjoining property,if the vacations were approved. However,the vacation of this portion of Dominion Avenue will reduce the number of connections to the adjoining property. The length of the Dominion Avenue cul-de-sac will be less than 1000 feet,which is the maximum allowed in a rural subdivision. Based on this very rough layout, the adjacent property could be developed without the Dominion Avenue connection, and I believe the requirements of the Code are still being complied with. In regards to the other proposed vacation(Peace Avenue) staff recommends approval. • i • ) '„/(J'ii k,,,,\IIE-p,7 i%,,.3----- ' L..._,,j, ,s.-./ — 1---1:- L.27:> I / fi...'W,O=% i--7'r "„%, At I ' , ...,...: -..1:-.____-,,____,„..11 j ! •.---\.r -4--*1-Jg:•.-- -_ — /11111----1---1.9 ,,,z...„,a ,s, c ,..,,,\ p_ .i. IC� r 1 i^�11 °f '' . �� _ • +-_� / 1''() - ,)V.i�� '(h 1.6F,-&p:. 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D ...--- \i I44/ • l -,,\ — \', 1 ,-, . ---._-___— i _ _—,---,-,----- s ---Nt,..-,,.. ., i I ) 1 H . r, l _ -- 'z risinalet o1.01,..........." giNI f \,,\ 7\ 1 .\ ...---:-, HA1 CITY OF SHAKOPEE Memorandum TO: Mayor and City Council Mark McNeill, City Administrator FROM: Julie Klima, Planner II SUBJECT: Amendment to the Zoning Map -Rezone property from Urban Residential (R-1B)to Medium Density Residential (R2) DATE: January 19, 1999 INTRODUCTION Darwin and Arliss Gilbertson are requesting that the Official Zoning Map be amended to rezone a property currently zoned as Urban Residential(R-1B)to Medium Density Residential (R2). This property is located south of County Road 16, east of Roundhouse Circle,west of Austin Circle and north of Shakopee Avenue. A copy of the January 7, 1999,Planning Commission staff report is attached for reference. ALTERNATIVES 1. Amend the Zoning Map to rezone the subject property from Urban Residential (R-1B) to Medium Density Residential(R2), as requested by the applicant. 2. Do not amend the Zoning Map. 3. Table the decision and request additional information from the applicant or staff. PLANNING COMMISSION RECOMMENDATION The Planning Commission recommends Alternative No. 2. Upon review of this request the Planning Commission has recommended that site continue to be zoned as Urban Residential (R-1B). ACTION REQUESTED Offer a motion to deny the request to rezone the property to Medium Density Residential(R2), and move its approval. The Council should also provide any direction to staff regarding the Comprehensive Land Use Plan that it determines is appropriate. tta, /dd � Julie Klima Planner II is\commdev\cc\1999\cc0119\rezgilr2.doc 1 CITY OF SHAKOPEE Memorandum TO: Shakopee Planning Commission FROM: Julie Klima, Planner II SUBJECT: Amendment to the Zoning Map-Rezone property from Urban Residential(R-1B)to Multiple Family Residential(R2) DATE: January 7, 1999 Site Information: Applicant: Darwin and Arliss Gilbertson Property Owner: Darwin and Arliss Gilbertson Location: South of County Road 16, east of Roundhouse Circle and west of Austin Circle and north of Shakopee Avenue Current Zoning: Urban Residential(R-1B) Adjacent Zoning: North: Light Industrial (1-1) South: Urban Residential (R-1B) East: Urban Residential (R-1B) West: Urban Residential (R-1B) 1995 Comp.Plan: Single Family Residential Area: 5.1836 Acres MUSA: The site is within the MUSA boundary. Attachments: Exhibit A: Zoning Area Map Exhibit B: Applicant's Survey Exhibit C: 1995 Comprehensive Land Use Map Exhibit D: City Code Section 11.28 Urban Residential(R-1B)Regulations Exhibit E: City Code Section 11.32 Multiple Family(R-3)Regulations Introduction The applicant is requesting that the City amend the Official Zoning Map by rezoning a parcel currently zoned as Urban Residential (R-1B)to Medium Density Residential(R2). Please see Exhibit A for the location of the subject site. Exhibit B provides further detail of the subject area. Parcel 3, shown on Exhibit B, is the parcel which the applicant is requesting be rezoned. Parcel 1 and Outlot A are also under the ownership and control of the applicant and Parcel 2 is owned by another party. Considerations 1. The Comprehensive Plan (Exhibit C) has set basic policies to guide the development of the City. The purpose of designating different areas for residential, commercial, and industrial land uses is to promote the location of compatible land uses, as well as to prevent incompatible land uses from being located in close proximity to one another. The Zoning Ordinance is one of the legal means by which the City implements the Comprehensive Plan. Exhibits D and E provide a listing of the uses, both permitted and conditional, that are allowed in the Urban Residential (R-1B)and Medium Density(R2)zones. 2. The Land Use Chapter of the 1995 Comprehensive Plan designated this area as"Single Family Residential". The rezoning of the site to Medium Density Residential, as requested by the applicant,would not be in conformance with the 1995 Comprehensive Plan. 3. While the request of the applicant is not in conformance with the 1995 Comprehensive Plan, the Commission and City Council may determine upon review of this application that based on the proximity of other properties either zoned or guided for multiple family uses and other development limitations (such as access onto County Road 16) that guiding and zoning this property for a higher density residential use is warranted. If such a determination is made, staff should be directed to guide this property for a higher density residential use as part of the upcoming Comprehensive Plan revisions and to initiate the appropriate rezoning. Findings The criteria required for the granting of a Zoning Ordinance Amendment are listed below with staff findings. Criteria#1 That the original Zoning Ordinance is in error; Finding#1 The original Zoning Ordinance is not in error. Criteria#2 That significant changes in community goals and policies have taken place; Finding#2 Significant changes in community goals and policies have not taken place. Criteria#3 That significant changes in City-wide or neighborhood development patterns have occurred; or Finding#3 Significant changes in City-wide or neighborhood development patterns have not occurred Criteria#4 That the comprehensive plan requires a different provision. Finding#4 The Comprehensive Plan has identified this area for Single Family Residential use. Therefore, this request is not in compliance with the land use plan in the 1995 Comprehensive Plan. 2 Alternatives 1. Recommend to the City Council the denial of the request to rezone the subject property from Urban Residential(R-1B)to Medium Density Residential(R2)Zone. 2. Recommend to the City Council the approval of the request to rezone the subject property from Urban Residential(R-1B)to Medium Density Residential(R2)Zone. 3. Continue the public hearing and request additional information from the applicant or staff 4. Direct staff to address this area in the Comprehensive Plan update with a higher density residential use and initiate any appropriate rezoning. Staff Recommendation Staff recommends Alternative No. 1, denial of the request to rezone the subject property from Urban Residential (R-1B) to Medium Density Residential (R2) Zone and provide any further appropriate direction to staff Action Requested: Offer a motion to recommend to the City Council the denial of the request to rezone the subject property from Urban Residential (R-1B) to Medium Density Residential (R2) Zone and provide any further appropriate direction to staff. 4ati, lie Klima Planner II 3 ilil N C - N -6 .. •.. - T cuN N O O U -etNI O C Ix y C: yiCo C O cu CU Pt r a o cc,' w > cr'> v u o MQ„�y ?. awl C C c:,- 4 T 9 C N 'O C O 1--.. • .) .T 7 7, 0 C N 7 tv 11. 3 t% O ' O .' p O hT+q Q``_- CT y O z O • g J U Q ce O 2 m ±-5 V 2 m cu N tg d D E. ii-R �J�UJ _L_,J L_ t-._ 1 .1- - CC I- S"'"'''' /4 41.47 ir, s Pos...141;Pt alltiP tsmoo 5. .44‘ aIi4i" 0,41/:), , ' .041.41, . 'red�0Q 7i ?•• 4 via 141131 ISIOCI•ce• Ea:® 611 D 10 R a . -• `. : • . • D .?: o�l�al ,�3 a 'SAE SSW- ` ::::. At 04.4%b14*411.1 AZ 1OQgGDQ10 g6i_� l►b ,f ---w,,,,..14.- o ci .. v Cha ' -�-OgIMO / ® ''�* •O; n Vol -- - I:awn • • i , ,► - or�� a 0 12113:Q Au _ Q / O. _ �: JaG�fi��- gm:SE :o AOC®GA a�; �►� . Nri .�. /'a.; : - : • •. . - : § 11.28 SEC.11.28. URBAN RESIDENTIAL ZONE (R-1B). EXHIBIT D Subd. 1. Purpose. The purpose of the urban residential zone is to provide an area for residential development where public sanitary sewer and water are available. Subd. 2. Permitted Uses. Within the urban residential zone, no structure or land shall be used except for one or more of the following uses: •• A. single family detached dwellings; • B. existing single family attached dwellings; C. existing two'family dwellings; D. public recreation; . • E. utility services; . • F. public buildings; G. day, care facilities serving 12 or fewer persons; • H. group family day care facilities serving 14 or fewer children; or I. residential facilities serving six (6) or fewer persons. Subd.3. Conditional Uses. Within the urban residential zone, no structure or land shall be used for the following uses except by conditional use permit A. churches and other places of worship; B. home occupations; C. cemeteries; D. public or private schools having a course of instruction approved by the Minnesota Board of Education for students enrolled in K through grade 12, or any portion thereof; E. bed and breakfast inns; • F. utility service structures; G. day care facilities serving 13 through 16 persons; H. residential facilities servicing from 7 through 16 persons; I. relocated structures; J. structures over 2-1/2 stories or 35 feet in height; p.pe n.u.d n 1996 1127 § 11.28 K. developments containing more than one principal structure per lot; or • L. other uses similar to those permitted by this subdivision, as determined by the Board of Adjustment and Appeals. Subd.4. Permitted Accessory Uses. Within the urban residential zone,the following uses shall be permitted accessory uses: A. garages; B. fences; . . C. recreation equipment; D. gardening and other horticultural uses not involving retail sales; E. swimming pools; F. tennis courts; • G. solar equipment; or H. other accessory uses, as determined by the Zoning Administrator. Subd. 5. Design Standards. Within the urban residential zone, no land shall be used, and no • structure shall be constructed or used,except in conformance with the following requirements: A. Maximum density: five dwellings per acre. Streets shall be excluded in calculating acreage. B. Maximum impervious surface percentage: 50% C. Lot specifications: Minimum lot width (single-family detached): 60 feet; (existing two-family dwelling): 70 feet Minimum lot depth: 100 feet Minimum front yard setback: 30 feet Minimum side yard setback: 10 feet Minimum rear yard setback: 30 feet D. Maximum height: No structure shall exceed thirty-five (35) feet in height without a conditional use permit. • pipe rwu.d in 1996 1128 • t,•--\ . (`^ § 11.29 Subd. 6. Additional Reauirements. • • A. All dwellings shall have a depth of at least 20 feet for at least 50 percent of their width. All dwellings shall have a width of at least 20 feet for at least 50 percent of their depth. B. All dwellings shall have a permanent foundation in conformance with the Minnesota State Building Code. (Ord. 31, October 25, 1979; Ord. 60, May 14, 1981; Ord. - -•159, February 28, 1985; Ord. 264, May 26, 1989; Ord. 377, July 7, 1994; Ord. . 435, November 30, 1995) • SEC. 11.29. Reserved.. •• • • • osv.twnNd NI 1996 • 1129 LA-heir f G.. § 11.32 • SEC. 11.32. MEDIUM DENSITY RESIDENTIAL ZONE (R-2). Subd. 1. Purpose. The purpose of the medium density residential zone is to provide an area which will allow 2.5 to 8 residential dwellings per acre and also provide a transitional zone between single family residential areas and other land uses. Subd. 2. Permitted Uses. Within the medium density residential zone, no structure or land shall be used except for one or more of the following uses: • A. residential.structures containing two to four dwelling units; B. existing single family dwellings; C. public recreation; • • D. utility services; E. public buildings; F. day care facilities serving 12 or fewer persons; or G. residential facilities serving six (6) or fewer persons. Subd. 3. Conditional Uses. Within the medium density residential zone, no structure or land shall be used for the following uses except by conditional use permit A. multiple-family dwellings containing up to 6 units; B. home occupations; C. hospitals and clinics; D. cemeteries; E. churches and other places of worship; F. public or private schools having a course of instruction approved by the Minnesota Board of Education for students enrolled in K through grade 12, or any portion thereof; G. nursing homes; H. bed and breakfast inns; 1. utility service structures; J. day care facilities serving from 13 through 16 persons; K. residential facilities serving from 7 through 16 persons; L. relocated structures; pegs revised in 1996 1151 § 11.32 M. structures over 2-1/2 stories or 35 feet in height; N. developments containing more than one principal structure per lot; or 0. other uses similar to those permitted by this subdivision,as determined by the Board of Adjustment and Appeals. Subd. 4. Permitted Accessory Uses. Within the medium density residential zone, the following uses shall be permitted accessory uses: A. open off-street parking spaces not to exceed three spaces per dwelling unit; B. garages; • C. fences; • D. gardening and other horticultural uses not involving retail sales; E. swimming pools; P. tennis courts; G. receive only satellite dish antennas and other antennas; H. solar equipment; or 1. other accessory uses, as determined by the Zoning Administrator. Subd. 5. Design Standards. Within the medium density residential zone, no land shall be used, and no structure shall be constructed or used, except in conformance with the following requirements: A. Density: a minimum of five and a maximum of 11 dwellings per acre. Streets shall be excluded in calculating acreage. B. Maximum impervious surface percentage: 60% C. Lot specifications: Minimum lot width (single-family detached): 60 feet; (two-family dwelling): 70 feet; (multiple-family dwelling): 100 feet Minimum lot depth: 100 feet Minimum front yard setback: 35 feet Minimum side yard setback: 10 feet Minimum rear yard setback: 30 feet P•9s revised in 1996 1152 § 11.33 D. Maximum height No structure shall exceed thirty-five (35) feet in height without a conditional use permit. Subd. 6. Additional Requirements. A. -All dwellings shall have a depth of at least 20 feet for at least 50 percent of their width. All dwellings shall have a width of at least 20 feet for at least 50 percent of their depth. • B. All dwellings shall have a permanent foundation In conformance with the Minnesota• State Building Code. (Ord. 31, October 25, 1979; Ord. 60, May 14, 1981; Ord. 159, February 28, 1985; Ord. 264, May 26, 1989; Ord. 377, July 7, 1994; Ord. 435, November 30, 1995) SEC.11.33. Reserved. . •• • • • • mit rvi..d n 1996 1153 , "1 r . /\A/ . 1 a:c $:.'il t B•Vi../4270 • r (0•40 artva. / r IL!tjiAt .• ,,,,,,,,,.., ___;! / ° 53.4. f/9 • I /N y i 0•�' m frit ^.6 t. g6✓ l y (4 ,il=iagya6i,.2.4 : ,1 SY 'raF§$ / top C. / / IQ \t- eir.,-.0.:Lii 1. sEi" •°.'fig :,;a" �n )'/ 33 ' i co fT "gi:1 :6,i . J` /,g/w8#S" mrPr)/ • ( 7 JCe o o r-� E oz a I' p uF .;;at t I t} .# e V er• y' ' ' 1 ,,/ • 17 f••,zarA �: @ E �� NI, v • '« 1100 AL? 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I r :,r�ly,�r�f :1 y(4 (� `� ///`\ \ O .( Yf dill ` M't CITY OF SHAKOPEE Memorandum TO: Mayor and City Council Mark McNeill, City Administrator FROM: Julie Klima, Planner II SUBJECT: Amendment to the Zoning Map -Rezone property from Major Recreation (MR)to Light Industrial (I1) DATE: January 19, 1999 INTRODUCTION SuperValu, Inc. is requesting that the Official Zoning Map be amended to rezone a property currently zoned as Major Recreation(MR)to Light Industrial(I1). This property is located south of 4th Avenue, west of CSAH 83, and north of Canterbury Park. A copy of the January 7, 1999,Planning Commission staff report is attached for reference. ALTERNATIVES 1. Amend the Zoning Map to rezone the subject property from Major Recreation (MR) to Light Industrial(I1), as requested by the applicant. 2. Do not amend the Zoning Map. 3. Table the decision and request additional information from the applicant or staff. PLANNING COMMISSION RECOMMENDATION The Planning Commission recommends approving the request to rezone the property from Major Recreation(MR)to Light Industrial(Il)(Alternative No. 1). ACTION REQUESTED Offer Ordinance No. 536, an ordinance approving the rezoning request, and move its approval. The Council should also provide any direction to staff regarding the Comprehensive Land Use Plan that it determines is appropriate. ulie Klima iAcomndev 1999kc0119\rersrvlu.doc Planner II 1 ORDINANCE NO. 536, FOURTH SERIES AN ORDINANCE OF THE CITY OF SHAKOPEE, MINNESOTA, AMENDING THE ZONING MAP ADOPTED IN CITY CODE SEC. 11.03 BY REZONING LAND LOCATED SOUTH OF 4TH AVENUE AND WEST OF CSAH 83 FROM MAJOR RECREATION(MR)ZONE TO LIGHT INDUSTRIAL (I1)ZONE. WHEREAS, SuperValu, Inc., applicant and property owner has made application for the rezoning of land legally described as follows: The North Half of the Southwest Quarter of Section 4, Township 115, Range 22, Scott County,Minnesota, except: That part thereof contained in the plat of Koskovich Valley Park First Addition; and except the South 400 feet of the East 653 feet of the Northeast Quarter of the Southwest Quarter of Section 4, Township 115, Range 22, except that part contained in the plat of Koskovich Valley Park First Addition from Major Recreation(MR)to Light Industrial (I1); and WHEREAS, notices were duly sent and posted, and a public hearing was held before the Planning Commission on January 7, 1999, at which time all persons present were given an opportunity to be heard; and WHEREAS, the Planning Commission voted to recommend approval of the rezoning of the property to Light Industrial (I1)to the City Council. THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, ORDAINS: Section 1 - That the zoning map adopted in City Code Sec. 11.03 is hereby amended by rezoning land described as follows: The North Half of the Southwest Quarter of Section 4, Township 115, Range 22, Scott County, Minnesota, except: That part thereof contained in the plat of Koskovich Valley Park First Addition; and except the South 400 feet of the East 653 feet of the Northeast Quarter of the Southwest Quarter of Section 4, Township 115, Range 22, except that part contained in the plat of Koskovich Valley Park First Addition from Major Recreation(MR)to Light Industrial (I1). Section 2 - Effective Date. This ordinance becomes effective from and after its passage and publication. 2 Passed in session of the City Council of the City of Shakopee, Minnesota, held this day of , 1999. Mayor of the City of Shakopee Attest: , City Clerk Published in the Shakopee Valley News on the day of , 1999. Prepared by: City of Shakopee 129 S. Holmes St. Shakopee, MN 55379 3 CITY OF SHAKOPEE Memorandum TO: Shakopee Planning Commission FROM: R. Michael Leek, Community Development Director Julie Klima, Planner II SUBJECT: Amendment to the Zoning Map-Rezone property from Major Recreation(MR)to Light Industrial(I-1) DATE: January 7, 1999 Site Information: Applicant: SUPERVALU INC. Property Owner: SUPERVALU INC. Location: South of Fourth Avenue;West of CSAH 83;North of Canterbury Park Current Zoning: Major Recreation(MR) Adjacent Zoning: North: Light Industrial (I-1) South: PUD#3 (Canterbury Park) East: Light Industrial (I-1) West: PUD#3 (Canterbury Park) 1995 Comp. Plan: Entertainment Area: Approximately 10 Acres MUSA: The site is within the MUSA boundary. Attachments: Exhibit A: Zoning Area Map Exhibit B: 1995 Comprehensive Land Use Map Exhibit C: City Code Section 11.42 Major Recreation (MR Regulations Exhibit E: City Code Section 11.44 Light Industrial(I-1)Regulations Introduction The applicant is requesting that the City amend the Official Zoning Map by rezoning a parcel currently zoned as Major Recreation(MR)to Light Industrial(I-1). Please see Exhibit A for the location of the subject site. Considerations 1. The Comprehensive Plan (Exhibit B) has set basic policies to guide the development of the City. The purpose of designating different areas for residential, commercial, and industrial land uses is to promote the location of compatible land uses, as well as to prevent incompatible land uses from being located in close proximity to one another. The Zoning Ordinance is one of the legal means by which the City implements the Comprehensive Plan. Exhibits D and E provide a listing of the uses, both permitted and conditional, that are allowed in the Major Recreation (MR)and Light Industrial(I-1)zones. 2. The Land Use Chapter of the 1995 Comprehensive Plan designated this area as "Major Recreation." The rezoning of the site to Light Industrial, as requested by the applicant, would not be in strict conformance with the 1995 Comprehensive Plan. However, the parcel is immediately adjacent to property guided I-1, leading to the reasonable conclusion that major recreation and light industrial uses are compatible. For that reason, the intent of the 1995 Comprehensive Plan would remain intact. Findings The criteria required for the granting of a Zoning Ordinance Amendment are listed below with staff findings. Criteria#1 That the original Zoning Ordinance is in error; Finding#1 The original Zoning Ordinance is not in error. Criteria#2 That significant changes in community goals and policies have taken place; Finding#2 Significant changes in community goals and policies have not taken place. Criteria#3 That significant changes in City-wide or neighborhood development patterns have occurred; or Finding#3 Significant changes in Citywide or neighborhood development patterns have occurred in that the demand for industrial development property is greater than for major recreation uses. Criteria#4 That the comprehensive plan requires a different provision. Finding#4 The Comprehensive Plan has identified this area for Entertainment use. Therefore, this request is not in compliance with the land use plan in the 1995 Comprehensive Plan. BOAA/1999/0107/REZSUPERV 2 Alternatives 1. Recommend to the City Council the denial of the request to rezone the subject property from Major Recreation(MR)to Light Industrial(I-1). 2. Recommend to the City Council the approval of the request to rezone the subject property from Major Recreation (MR) to Light Industrial (I-1), and direct staff to address this area in the Comprehensive Plan update by re-guiding it for industrial use. 3. Continue the public hearing and request additional information from the applicant or staff Staff Recommendation Staff recommends Alternative No. 2, approval of the request to rezone the subject property, and provide any further appropriate direction to staff Action Requested: Offer a motion recommending to the City Council the approval of the request to rezone the subject property from Major Recreation(MR) to Light Industrial (I-1), and providing any further appropriate direction to staff regarding the Comprehensive Plan. R. Michael Leek Community Development Director BOAA/1999/0107/REZSUPERV 3 f p .N.....i I... sr. 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''''..4. 414 # into V: • CI I Gez„,..:1 pi ,, .; IT."Ur" I lia5Kr-)1 / . .••. ... 4 . .:4 • .....:.•.••:•:• ::: •.:•::::•:•:•:.:. :::::t IIIIiinglir:::i: '•ii::i i:.:.i.i i.;, :•:::.•:.:':::::::• :::• iii:•:iiiiii::•; . . •A .:•::::::.! :. .•.• ..~Me / .......<:::: ' • , D t •••.: •i; q ,it-\\.....,... . . ••••••._ .:•:•:••:•:•.:•:•:•:,.:.:•. . . . . . . . . . ••••••• ••• ... .... „ :.....:-::::!::i..!:::-..:..!•:y...1!:••:.:....:::::.:::::::::::.:::...::,•:: :•::•:•:•::•:::•::.:•:.::. l • : •. • • .iipit,, •...k..........::„ .• •.• /I1cT ::i . 1:::::':1i:iiliii::::'iniihlili' 'I:° • :o; • • :z \\\‘ y: Ti ..( r 3 !!::-::.::LL1•i:ii:•.:.:-I '::::::::::::::;::::::•:•:.:i:.•••:::•.•.:••••• D : CD RD 83 • 1 a III VTI I N � � WM x A _, - - 70 D 7/ 0 C o o L1 a N 2 r C7 O 2 K K O_ C r A D ::111:11.111:111,..!.:E.:,:11...%::::...k--::;:• c m o n,n -o m oo � �3, a a v c o �p rn O O aa < 5 o m -6' c• N o c da ' o (moo w ai cm o N w a C7 . b J `: . . . . . . . ::.....:::.:•,:.,4*: ,.. rxH k.e5rr §11.42 SEC. 11.42. MAJOR RECREATION ZONE (MR). Subd. 1. Purpose. The purpose of the major recreation zone is to create a high quality environment for large amusement and recreation attractions with a regional draw, with a high degree of land use compatibility and street efficiency. It is further the intent of the zone to protect existing landscape features, to preserve open space,to sensitively integrate development with the natural landscape, and to require the planning of entire land ownerships as a unit rather than permit piecemeal or scattered small developments. Subd. 2. Permitted Uses. Within the major recreation zone, no structure or land shall be used except for one or more of the following uses: A. public recreation; B. restaurants, class I; C. public buildings; or • D. utility services. Subd. 3. Conditional or Planned Unit Development Uses. Within the major recreation zone, no structure or land shall be used for the following uses except by conditional use permit or planned unit development: • A. commercial recreation, major or minor. B. restaurants, class II; C. hotels, motels and conference centers; D. horse care uses including boarding, training, showing, grooming and veterinary clinic facilities; E. retail uses and entertainment facilities; F. administrative, executive, and professional offices; G. health and athletic facilities; H. private lodges and clubs; I. uses having a drive-up or drive-through window; J. utility service structures; K. day care facilities; L. adult day care centers as conditional use, subject to the following conditions: The adult day care centers shall: 1. serve 13 or more persons; • page revised in 1997 1195 §11.42 2. provide proof of an adequate water and sewer system if not served by municipal utilities; 3. have outdoor leisure/recreation areas located and designed to minimize visual and noise impacts on adjacent areas; 4. the total indoor space available for use by participants must equal at least 40 square feet for each day care participant and each day care staff member present at the center. When a center is located in a multifunctional organization, the center may share a common space with the multifunctional organization if the required space available for use by participants is maintained while the center is operating. In determining the square footage of usable indoor space available, a center must not count a. hallways, stairways, closets,offices,restrooms and utility and storage • areas; b. more than 25 percent of the space occupied by the furniture or equipment used by participants or staff; or c. in a multifunctional organization, any space occupied by persons associated with the multifunctional organization while participants are using common space; 5. provide proof of state, federal and other governmental licensing agency approval; and 6. comply with all other state licensing requirements; (Ord. 482, May 15, 1997) M. relocated structures; N. structures over the height allowed based on their setback; O. developments containing more than one principal structure per lot; or P. other uses similar to those permitted in this subdivision, as determined by the Board of Adjustment and Appeals. Subd.4. Permitted Accessory Uses. Within the major recreation zone,the following uses shall be permitted accessory uses: A. parking and loading spaces; B. temporary construction buildings; C. decorative landscape features; D. communication service apparatus/device(s) as permitted accessory uses, subject to the following conditions: 1. shall be co-located on an existing tower or an existing structure; page revised in 1997 1196 §11.42 2. must not exceed 175 feet in total height (including the extension of any communication service device(s) apparatus); 3. lights and/or flashing equipment shall not be permitted unless required by state or federal agencies; 4. signage shall not be allowed on the communication service device(s)/apparatus other than danger or warning type signs; 5. must provide proof from a professional engineer that the equipment will not interfere with existing communications for public safety purposes; 6. shall be located and have an exterior finish that minimizes visibility off-site to the maximum extent possible; 7. applicable provisions of the City Code, including the provisions of the State Building Code therein adopted, shall be complied with; 8. all obsolete or unused towers and accompanying accessory facilities shall be removed within 12 months of the cessation of operations at the site unless a time extension is approved by the City. After the facilities are removed, the site shall be restored to its original or an approved state. The user of the tower and/or accompanying accessory facilities shall be responsible for the removal of facilities and restoration of the site; 9. the applicant shall submit a plan illustrating all anticipated future location sites for communication towers and/or communication devices(s)/apparatus; 10. wireless telecommunication towers and antennas will only be considered for City parks when the following conditions exist and if those areas are recommended by the Parks and Recreation Advisory Board and approved by the City Council: • City parks of sufficient size and character that are adjacent to an existing commercial or industrial use; • commercial recreation areas and major playfields used primarily by adults; 11. all revenue generated through the lease of a City park for wireless telecommunication towers and antennas should be transferred to the Park Reserve Fund; or(Ord. 479, March 13, 1997) • E. other accessory uses customarily appurtenant to a permitted.use, as determined by the Zoning Administrator. Subd. 5. Design Standards. Within the major recreation zone, no land shall be used, and no structure shall be constructed or used, except in conformance with the following minimum requirements: A. Density: minimum lot area: Ten acres. page revised in 1997 1197 • §11.42 B. Maximum impervious surface percentage: 80%. C. Lot specifications: minimum lot width: 300 feet minimum front yard setback: one-half of that structure's height or 50 feet, whichever is greater minimum side yard setback: one-half of that structure's height or 25 feet, whichever is greater minimum rear yard setback: one-half of that structure's height or 30 feet, whichever is greater minimum rear yard setback from residential zones: one-half of that structure's height or 50 feet, whichever is greater D. Minimum access spacing: County Roads 83 and 16: No access is allowed other than to public and private streets with a minimum spacing of 600 feet. Shenandoah Drive and any continuation thereof to and including Secretariat Drive; and Fourth Avenue: Street and driveway access points must be separated by a minimum of 300 feet. (Ord. 204, July 31, 1986; Ord. 264, May 26, 1989; Ord. 328, January 30, 1992; Ord. 342, October 29, 1992; Ord. 377, July 7, 1994) SEC. 11.43. Reserved. (The next page is 1235.) • page revised in 1997 1198 EXH t t3rr p §11.44 SEC. 11.44. LIGHT INDUSTRY ZONE (I-1). Subd. 1. Purpose. The purpose of the light industry zone is to provide an area for industrial, light manufacturing, and office uses which are generally not obtrusive and which serve as a transition between more intensive industrial sites and residential and business land uses. Subd. 2. Permitted Uses. Within the light industry zone, no structure or land shall be used except for one or more of the following uses: A. warehousing and wholesaling conducted entirely within an enclosed building, except those involving a project that fits within one of the Mandatory EIS Categories under Minn. Rules 4410.4400; B. research laboratories conducted entirely within an enclosed building; C. establishments supplying goods or services primarily to industrial uses; D. agricultural uses, but limited to the growing of field crops; E. utility services; F. utility service structures; G. offices within the principal structure and directly associated with another permitted use; or H. public buildings. Subd. 3. Conditional Uses. Within the light industry zone, no structure or land shall be used for the following uses except by conditional use permit: A. manufacturing, fabrication, processing, and assembly operations conducted entirely within an enclosed building, except those involving a project that fits within one of the Mandatory EIS Categories under Minn. Rules 4410.4400; B. airports and heliports; C. vehicle repair, D. landscaping services and contractors; E. retail sales of products manufactured, fabricated, assembled, or stored on site; F. commercial vehicle rental facilities; G. self-storage facilities; H. industrial or technical training schools; 1. restaurants, class I or class II, contained within a principal structure and oriented toward serving employees or those working in the immediate area; page revised in 1997 1235 §11.44 J. residences for security personnel; K. exterior storage; L. day care facilities; M. adult day care center as conditional use subject to the following conditions: The adult day care centers shall: 1. serve 13 or more persons; 2. provide proof of an adequate water and sewer system if not served by municipal utilities; 3. have outdoor leisure/recreation areas located and designed to minimize visual and noise impacts on adjacent areas; 4. the total indoor space available for use by participants must equal at least 40 square feet for each day care participant and each day care staff member present at the center. When a center is located in a multifunctional organization, the center may share a common space with the multifunctional organization if the required space available for use by participants is maintained while the center is operating. In determining the square footage of usable indoor space available, a center must not count: a. hallways, stairways,closets, offices, restrooms and utility and storage areas; b. more than 25 percent of the space occupied by the furniture or equipment used by participants or staff; or c. in a multifunctional organization, any space occupied by persons associated with the multifunctional organization while participants are using common space; 5. provide proof of state, federal and other governmental licensing agency approval; and 6. comply with all other state licensing requirements. (Ord. 482, May 15, 1997) N. structures over 45 feet in height; O. developments containing more than one principal structure per lot; • P. other uses similar to those permitted in this subdivision, as determined by the Board of Adjustment and Appeals; Q. communication service towers as conditional uses, subject to the following conditions: 1. shall be a monopole structure; page revised in 1997 1236 §11.44 2. the location of the tower shall comply with the minimum setback requirements of the zone in which it is to be located. Towers located closer to a property line than a distance equal to the height of the tower shall be designed and • engineered to collapse within the distance between the tower and the property line and supporting documentation shall be provided to prove this by a professional engineer; 3. shall not exceed 175 feet in total height (including the extension of any -antenna); 4. lights and/or flashing equipment shall not be permitted unless required by state or federal agencies; 5. shall be protected with corrosive resistant material; 6. signage shall not be allowed on the tower other than danger or warning type signs; 7. must provide proof from a professional engineer that the equipment is not able to be co-located on any existing or approved towers and prove that the planned tower will not interfere with existing communications for public safety purposes; 8. must be built to accommodate antennas being placed at varying heights on the tower, • 9. existing vegetation on the site shall be preserved to the maximum extent possible; 10. shall be surrounded by a security fence six feet in height with a lockable gate; 11. shall be located and have an exterior finish that minimizes visibility off-site to • the greatest extent possible; 12. applicable provisions of the City Code, including the provisions of the State Building Code therein adopted, shall be complied with; 13. equipment and buildings shall be screened from view by suitable landscaping, except where a design of non-vegetative screening better reflects and compliments the architectural character of the surrounding neighborhood; 14. no tower shall be permitted unless the equipment planned for the proposed tower cannot be accommodated on an existing or approved tower or building within one-half (1/2) mile search radius of the proposed tower for any of the following reasons: • • the necessary equipment would exceed the structural capacity of the existing or approved tower or building and the existing or approved tower cannot be reinforced, modified, or replaced to accommodate planned or equivalent equipment at a reasonable cost, as certified by a qualified, licensed professional engineer, page revised in 1997 1237 §11.44 • the necessary equipment would cause interference as to significantly impact the usability of other existing or planned equipment at the tower, structure or building and the interference cannot be prevented at a reasonable cost, as certified by a qualified, licensed structural engineer, • existing or approved towers and buildings within the 1/2 mile search radius cannot or will not accommodate the planned equipment at a height necessary to function reasonably, as certified by a qualified licensed professional engineer, • the applicant, after a good faith effort, is unable to lease space on an existing or approved tower or building; 15. all obsolete or unused towers and accompanying accessory facilities shall be removed within 12 months of the cessation of operations at the site unless a time extension is approved by the City. After the facilities are removed, the site shall be restored to its original or an improved state. The user of the tower and/or accompanying accessory facilities shall be responsible for the removal of facilities and the restoration of the site. 16. the applicant shall submit a plan illustrating anticipated sites for future location for communication towers and/or communication device(s)/apparatus; 17. when towers are to be located in City parks, no towers should be located in designated conservation areas such as forest areas, marsh lands, wildlife preserves, nature center parks, picnic areas, near historical structures, scenic open space areas, and areas of intense recreational play for children (playfields, swimming pools, playground equipment); 18. wireless telecommunication towers and antennas will only be considered for City parks when the following conditions exist and if those areas are recommended by the Parks and Recreation Advisory Board and approved by the City Council: • City parks of sufficient size and character that are adjacent to an existing commercial or industrial use; • commercial recreation areas and major playfields used primarily by adults; 19. all revenue generated through the lease of a City park for wireless telecommunication towers and antennas should be transferred to the Park Reserve Fund. (Ord. 479, March 13, 1997) Subd.4. Permitted Accessory Uses. Within the light industry zone the following uses shall be permitted accessory uses: A. parking and loading spaces; B. temporary construction buildings; page revised in 1997 1238 §11.44 C. decorative landscape features; and D. communication service apparatus/device(s) as permitted accessory uses, subject to the following conditions: 1. shall be co-located on an existing tower or an existing structure; 2. must not exceed 175 feet in total height (including the extension of any communication service device(s) apparatus); 3. lights and/or flashing equipment shall not be permitted unless required by state or federal agencies; 4. signage shall not be allowed on the communication service device(s)/apparatus other than danger or warning type signs; 5. must provide proof from a professional engineer that the equipment will not interfere with existing communications for public safety purposes; 6. shall be located and have an exterior finish that minimizes visibility off-site to the maximum ex`ent possible; 7. applicable provisions of the City Code, including the provisions of the State Building Code therein adopted, shall be complied with; 8. all obsolete or unused towers and accompanying accessory facilities shall be removed within 12 months of the cessation of operations at the site unless a time extension is approved by the City. After the facilities are removed, the site shall be restored to its original or an approved state. The user of the tower and/or accompanying accessory facilities shall be responsible for the removal of facilities and restoration of the site; 9. the applicant shall submit a plan illustrating all anticipated future location sites for communication towers and/or communication devices(s)/apparatus; 10. wireless telecommunication towers and antennas will only be considered for City parks when the following conditions exist and if those areas are recommended by the Parks and Recreation Advisory Board and approved by the City Council: • City parks of sufficient size and character that are adjacent to an existing commercial or industrial use; • commercial recreation areas and major playfields used primarily by adults; 11. all revenue generated through the lease of a City park for wireless telecommunication towers and antennas should be transferred to the Park Reserve Fund; (Ord. 479, March 13, 1997) and page revised in 1997 1239 §11.44 • E. other accessory uses customarily appurtenant to a permitted use, as determined by the Zoning Administrator. Subd. 5. Design Standards. Within the light industry zone, no land shall be used, and no structure shall be constructed or used, except in conformance with the following minimum requirements: A. Density: minimum lot area: (with City services): 1 acre (without City services): 20 acres B. Maximum impervious surface percentage: 75% C. Lot specifications: minimum lot width: (with City services): 100 feet (without City services): 600 feet minimum front yard setback: 30 feet minimum side yard setback: 15 feet minimum rear yard setback: 30 feet minimum side or rear yard setback from residential zones:• 100 feet D. Maximum height: 45 feet without a conditional use permit. (Ord. 31, October 25, 1979; Ord. 96, November 11, 1982; Ord. 138, November 24, 1983; Ord. 186, January 30, 1986; Ord. 203, July 10, 1986; Ord. 264, May 26, 1989; Ord. 279, December 1, 1989; Ord. 377, July 7, 1994; Ord. 429, November 2, 1995) SEC. 11.45. Reserved. page revised in 1997 1240 p , m J 6 , a... 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R-3 (Multiple Family Residential) District Request MEETING DATE: January 19, 1999 INTRODUCTION: At its December 15, 1998 meeting the City Council received a request from Mr. Clifford Stafford to reconsider its action in approving the request to rezone property from I-1 (Light Industrial)to R-3 (Multiple Family Residential). After some discussion the Council tabled the request to allow time for the developer and representatives of the surrounding neighborhood to meet to discuss whether a compromise development plan is feasible. The Council also directed that staff withhold publishing the ordinance enacting the zoning change. DISCUSSION: A meeting was scheduled and held on Wednesday, January 6, 1998 at 7:00 p.m. City staff provided a sheet summarizing the standards for several zoning districts, and comparing them to the project proposed by Heritage Development. The following people were in attendance: Neighborhood Representatives identified at the Council Meeting: • Clifford Stafford, • Van Sindelar • John Dellwo Additional Neighborhood Representatives: • John Magnus(resident of Shenandoah Place) Heritage Development, Inc. • Tom Bisch • City of Shakopee • Councilor Cletus Link • City Administrator Mark McNeill • Community Development Director R. Michael Leek R.Michael Leek Page 1 01/13/99Heritage.doc Others in Attendance: • Burt and Delores Lindahl(Owner of Hunters Ridge Apartments) The meeting lasted approximately 2 hours. The developer provided a packet of additional information, a copy of which is included with this report for the Council's information. In the course of the discussion, the neighborhood representatives identified the following objections to or concerns about the proposed project: • The density of the project defined in terms of dwelling units/acre, • The total number of dwelling units proposed in the project, • The additional traffic generated by the project, and therefore added to both Alysheba Road and C.R. 16, • The visual impact of 3-story apartments as proposed. During the meeting Mr. Stafford stated that the maximum density that he would find acceptable was that permitted in the R-2 district(i.e. 11 dwelling units/acre), and therefore the maximum number of dwelling units that is acceptable is 221. He also indicated that he was opposed to apartment buildings and 3-story buildings. Mr. Stafford said that his position reflected the feelings of a number of the residents whom he had spoken with before the meeting. He also referred to the City's"Livable Communities"policies which speak about preserving neighborhood quality Messrs. Dellwo,Magnus, and Sindelar indicated that the shared the opinion and position expressed by Mr. Stafford. Tom Bisch of Heritage Development indicated that,because of the cost of developing the site which has bedrock close to the surface,they were committed to an apartment project. He further indicated that a project with about 290 dwelling units in 3 story buildings was workable for the developer. This represents a 22 unit reduction from the 312 units proposed by Heritage and allowed by the zoning which was previously approved by the Council. In summary, a specific compromise was not reached between the neighborhood representatives and the developer at the meeting. The following questions were left on the table for the neighborhood representatives to consider and decide upon before addressing the Council again: • Would an apartment project be acceptable at any lesser density? • Would 3 story structures be acceptable under any circumstances? • Is there any number of units greater than 221 that would be acceptable? For Council's information, the procedure for reconsideration is reiterated below. The time for making a motion to reconsider has expired. Therefore, in the event that one or more members of the Council wishes to take up its 11/17/98 decision, a motion would have to be made to suspend the rule that requires motions for reconsideration be made at the same session. In this situation, the motion can be made by any Council member, and requires a majority vote. If that motion were to pass, then a Council member who voted on the prevailing side would have to make a motion for reconsideration. The motion for reconsideration also R.Michael Leek Page 2 01/13/99Heritage.doc only needs a majority vote. Were the motion for reconsideration to pass, the rezoning issue would be back on the table and a 2/3 vote would be necessary to adopt any new ordinance. ALTERNATIVES: 1. Reconsider the Council's November 17, 1998 action on Heritage Development's rezoning request, following the procedure outlined by the City Attorney. 2. Do not reconsider the Council's November 17, 1998 action on Heritage Development's rezoning request. ACTION REQUESTED: In the event Council wishes to reconsider its action, motions consistent with the procedure outlined above. In the event it chooses not to reconsider no specific action is required. R.Michael Leek Community Development Director R. Michael Leek Page 3 01/13/99Heritage.doc CITY OF SHAKOPEE SHAKOPEE Memorandum TO: \ Van Sindelar V Clifford Stafford John Dellwo N Cletus Link Tom Bisch,Heritage Development FROM: R. Michael Leek, Community Development Director SUBJECT: Heritage Development Rezoning DATE: December 30, 1998 This memo is your notice that there will be a meeting regarding the Heritage Development rezoning on Wednesday, January 6, 1999, at 7:00 p.m. at the Shakopee City Hall. If you have any questions, please contact me at 445-3650. COMMUNITY PRIDE SINCE 1857 129 Holmes Street South Shakopee,Minnesota• 55379-1351 • 612-445-3650 FAX 612-445-6718 rApOotwv • • • • Q 00 sod CC E 2. a. O a o C CDc CD ,.., CD • CD 0- CD R 1 S so C `� o �s A iiCr' OR • .t " y' '5. Cy• = et "• ` cra 0 r. 0 �3 0 0 Cen CD 'i- `G d y ' •, .p6• i-o O � r. r = CU i.ri • O 'O. 5. POP) . rr� p• QQ = 0 O. O. D O.OR CD 0 rn CD y. '+ '0 W 0 ('' 1m+ O t CD; Ito CVI `CDD SW SA`0 O .4) r^ O CSD Co pa CD pa 0.'0 G.. CD 0 y to d O h�1 h al O `+ .-. CD a g. 2. O 0 Vs CD cn y• O c'"'D c'"'D o041 Po o •°�, G1 ►'• r CD O . y CD CD CD O vi CD CD `0 9 g v)• 5- t G. 0 "� "op y co tD .0 cn ►-, w turn to N o y cr CAD et �N �C o .. 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CD CD° CD EXHIBIT C ` P-IFI • - z- .S . liriumosawmaimmoomii......Loswommim.....wwmuww.............. a ,� . , } .tzt - 12 11 v g • � q: Y _ •TM •V IMPAI ' r - ti B 1 AG g'1 � ---------- iiiii---- A � 11 ., . .: -43440%'oi�•qtr.�'• APAIP2c • ' :,:: .) .4)46210•SmovArkwi-,,"- -----,NM eiNripiarA r Or*"r .. _timmitcd.ipaw"4 . „iIV *tiossrAIA A ripmwriplie .0 . I R 3 " e 4 #r 4fiv . - . 4 / 64 -4P-Ada‘ v4Vtit#404 s, •404,,,to . EIC44c.? 4.4"11, , :,‘"•4.P. 7. .tAssvitsTAS„ ... . . s �� S �' ` gyp.„ .��- .. .. ©�S �R�P� vv . 1 . om es0 11 p*, o. m �I • .. .. ..-,d MICII WM MM :: .11M1 IS 4Iiito lip : M ,, •�. 04•,�I . :.. r--- / o ego mania illtalat 0.. �,� j 27-22-90-010 27-22-90-020 27-22-90-030 Eugene F&Virginia Hauer Eugene F&Virginia Hauer Wayne P&Sharon L Hansen 523 Timber Ct 523 Timber Court 2368 Eagle Creek Blvd .--22-90-040 27-11-90-010 27-11-90-020 sffrey J& PaulAnn L Benusa P& R Mini Storage P& R Mini Storage 2088 Hauer Trail 1895 Eagle Creek Blvd 1895 Eagle Creek Blvd Shakopee, MN 55379 Shakopee, MN 55379 Shakopee, MN 55379 27-23-10-570 27-23-10-580 27-90-80-250 CL/1 Heritage Development Heritage Development Al's Landscaping&Nursery 450ECoRdD 450ECoRdD 1 2419 Eagle Creek Blvd Little Canada,MN 55110 Little Canada,MN 55110 Shakopee, MN 55379 4 4/4/5-- Co/l7 27-90-80-400 27-90-80-680 27-90-80-410 Eugene F Hauer Eugene F&Virginia Hauer Eugene F'&Virginia Hauer 523 Timber Court 523 Time Court 523 Timber Court Shakopee, MN 55379 Shakopee, MN 55379 Shakopee, MN 55379 27-90-80-401 27-90-80-210 27-90-80-180 P Eugene F Hauer Bonnie R Peterson Howard S&Joan Luhmann o!..1- 523 523 Timber Court 2080 Hauer Trail 2 2350 Eagle Creek Blvd ,, , Shakopee, MN 55379 Shakopee, MN 55379 Shakopee, MN 55379 27-90-80-160 ,, � 27-90-80-150 27-90-80-200 Clifford D&K2�t#iI en Stafford John M&Sharon Dellwo John M Sharon Dellwo ^=,)28 Eagle Creek Blvd q 2304 Eagle Creek Blvd 2304 Eagle Creek Blvd akopee, MN 55379 Shakopee, MN 55379 Shakopee, MN 55379 27-90-80-190 27-90-80-170 27-90-80-240 Van D&Shirley Sindelar Dean C&Susan K Struck Gerhard F&Mary E Schmitt 2256 Eagle Creek Blvd 2232 Eagle Creek Blvd 2206 Eagle Creek Blvd Shakopee, MN 55379 Shakopee, MN 55379 Shakopee, MN 55379 27-90-80-120 27-90-80-130 27-90-80-291 Gerhard F&Mary E Schmitt James H&Phyllis C Hanson Darwin E&Miss M Gilbertson 2206 Eagle Creek Blvd 2184 Eagle Creek Blvd 1864 Vierling Dr E Shakopee, MN 55379 Shakopee, MN 55379 Shakopee, MN 55379 27-90-80-290 6.) 27-90-80-291 27-90-80-260 William G Scheurer Jr " c Darwin E&Miss M Gilbertson Michael H&Anne L Giles 2078 Eagle Creek Blvd 1864 Vierling Dr E 23545 Cedar Ave Shakopee, MN 55379 Shakopee, MN 55379 Farmington, MN 55024 27-90-80-261 27-90-50-101 27-90-500-040 Zylstra/DBA Paragon Cable J N Underwood Const Inc Michael H&Anne L Giles 801 Plymouth. 737 Scott St. S. 23545 Cedar Ave Minneapolis, MN 55411 Shakopee, MN 55379 Farmington, MN 55024 i . ,'"--22.:rL, M c��el\e Jc\���� �) . ,\O-\133 -i\Ah —1- Cjit€141:1U °�i 1 Property Values from Scott as of December 1997 27-90-80-160 $110,300 Clifford D&Kathleen Stafford 2328 Eagle Creek Blvd. Shakopee, MN 55379 27-90-80-190 $125,000 Van D& Shirley Sindelar 2256 Eagle Creek Blvd. Shakopee, MN 55379 27-90-80-120 $113,200 27-90-80-240 $100 Gerhard F&Mary E Schmitt 2206 Eagle Creek Blvd. Shakopee, MN 55379 27-90-80-290 $140,100 William G Scheurer Jr. 2078 Eagle Creek Blvd. Shakopee, MN 55379 27-90-80-150 $115,400 27-90-80-200 NA John M& Sharon Dellwo 2304 Eagle Creek Blvd. Shakopee, MN 55379 27-90-80-170 $113,700 Dean C & Susan K Stuck 2232 Eagle Creek Blvd. Shakopee, MN 55379 27-90-80-130 $102,700 James H&Phyllis C Hanson 2184 Eagle Creek Blvd. Shakopee, MN 55379 27-90-80-180 $121,400 Howard S &Joan Luhmann 2350 Eagle Creek Blvd. Shakopee, MN 55379 lciFBENSHOOF & ASSOCIATES, INC. TRANSPORTATION ENGINEERS AND PLANNERS 7301 OHMS LANE. SUITE 500/EDINA. MN 55439/(612) 832.9858/FAX (612) 832.9564 December 31, 1998 REFER TO FILE: 98-97 Mr.Thomas Bisch Heritage Development of MN,Inc. 450 East County Road D Saint Paul,MN 55117 RE: Trip Generation Comparison for the Planned Shenandoah Apartments in Shakopee Dear Tom: This letter is to present the results of our trip generation comparison for the development in Shakopee,Minnesota. Based on your information, we compared the number of trips generated by 312 apartment units to the number generated by 290 townhouse units. The generation rates are based upon information presented in the Institute of Transportation Engineers (ITE)publication Trip Generation. 1997. The number of trips generated are projected for a weekday p.m.peak hour between 4 and 6 p.m. The apartments have an ITE generation rate of 0.62 per dwelling unit and are expected to generate 193 trips during this time period. Of that total,67 percent will be entering the development and 33 percent exiting the development. The townhouses have an ITE generation rate of 0.54 per dwelling unit and are expected to generate 157 trips during the weekday p.m. peak hour. As above, the townhouses will have 67 percent entering and 33 percent exiting during this period. The table below summarizes this information. !/ a WEEKDAY PM PEAK HOUR GENERATION ,�� �� Total Trips Entering Use Size Rate Generated Trips Exiting Trips Apartments 312 Units 0.62 193 129 64 Townhouses 290 Units 0.54 157 105 52 As shown above,we estimate the apartments will generate 36 more trips,24 entering and 12 exiting, during the weekday p.m. peak hour. If you have any questions or need of further assistance,please call us at(612) 832-9858. Sincerely, .. Edward F.Terhaar 11 . 11 1 '1 I 114 1, . 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No. 5057 APPLICANT: Genuine Parts Company(NAPA) MEETING DATE: January 19, 1999 Introduction: At its December 3, 1998 meeting the Board of Adjustment and Appeals denied NAPA's request for a 6.65 foot variance request to the required 20 foot side-yard setback in a Highway Business (B-1)Zone. On December 15, 1998 and January 5, 1999 the Council heard the appeal of the variance denial, and approved the appeal and granted the requested 6.65 foot variance. The attached resolution sets forth findings for Council's consideration. Alternatives: 1. Approve Resolution No. 5057 as presented approving the appeal of Genuine Auto Parts/NAPA and granting a 6.65 foot variance from the required 20 foot side-yard setback in a Highway Business(B-1)zone. 2. Approve Resolution No. 5057 with revisions approving the appeal of Genuine Auto Parts/NAPA and granting a 6.65 foot variance from the required 20 foot side-yard setback in a Highway Business(B-1)zone. Action Requested: Offer and approve Resolution No. 5057 approving the appeal of Genuine Auto Parts/NAPA and granting a 6.65 foot variance from the required 20 foot side-yard setback in a Highway Business (B-1)zone. RESOLUTION NO. 5057 A RESOLUTION OF THE CITY OF SHAKOPEE, MINNESOTA, APPROVING A 6.65 FOOT VARIANCE TO THE 20 FOOT SIDE YARD SETBACK WITHIN THE HIGHWAY BUSINESS (B-1)ZONE, SECTION 11.36, SUBD. 5.C. WHEREAS,Genuine Parts Comparry, applicant and owners,filed an application dated November 6, 1998, for a variance under the provisions of Chapter 11,Land Use Regulation (Zoning), of the Shakopee City Code, Section 11.36, Subd. 5.C,for a 6.65 foot variance from the 20 foot side yard setback within the Highway Business(B-1)Zone; and WHEREAS,the property for which the request is being made is legally described as: That part of Lot Two(2)Block One (1), CENTURY PLAZA SQUARE 4TH ADDITION, Scott County,Minnesota, as on file and of record in the office of the County Recorder, lying north of the south 291.90 feet(as measured at right angles) thereof and WHEREAS,this parcel is presently zoned Highway Business(B-1); and WHEREAS,notice was provided and on December 3, 1998,the Board of Adjustment and Appeals conducted a public hearing regarding this application, at which it heard from the Community Development Director and invited members of the public to comment; and WHEREAS,the Board of Adjustments and Appeals denied the request of Genuine Auto Parts by adopting Resolution No. PC 98-114; and WHERAS, Genuine Auto Parts appealed the decision of the Board of Adjustments and Appeals, and the City Council reviewed the appeal at its meetings of December 15, 1998 and January 5, 1999; NOW THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE,MINNESOTA,AS FOLLOWS: That the appeal of Genuine Auto Parts from the decision of Board of Adjustments and Appeals decision evidenced in Resolution No. PC 98-114 is hereby APPROVED, and the applicant granted a 6.65 foot variance from the 20 foot side yard setback requirement to allow a side yard setback of 13.35 feet in the Highway Business(B-1)zone. BE IT FURTHER RESOLVED that in granting the above-described variance, the City Council adopts the following findings with respect to City Code Sec. 11.89, Subd. 2, "Criteria for Granting Variances." Finding 1.A. The property cannot be put to a reasonable use if used under conditions allowed by the official controls. The subject property is too narrow to permit its reasonable development as a commercial site under current ordinance restrictions. Other reasonable alternatives do not exist for laying out the proposed building and parking lot. Finding 1.B. The plight of the landowner is due to circumstances unique to the property, i.e. the narrowness of the property. Acquiring additional lana and thereby increasing the property's width can not remedy this circumstance. Finding 1.C. The circumstances were not created by the applicant, but result from the application of current zoning design standards to this lot, whose width was established under other zoning standards Finding 1.E. The problems extend beyond economic considerations. Other reasonable alternatives do not exist for the placement of the building and parking lot. Finding 2. The proposed variance would be in keeping with the spirit and intent of Chapter 11 (Zoning) in that the relationship of the structure to the surrounding properties would be similar to, and consistent with other commercial properties. Finding 4. No additional conditions are required to insure compliance and that the neighboring properties are protected Adopted in regular session of the City Council of the City of Shakopee, Minnesota,Held the day of , 1999. Mayor of the City of Shakopee ATTEST: City Clerk PREPARED BY: City of Shakopee 129 South Holmes Street Shakopee, MN 55379 is . CITY OF SHAKOPEE Memorandum CONSENT TO: Mayor and City Council Mark McNeill, City Administrator FROM: Jared D. Andrews SUBJECT: BDM, LLC. Appeal of Board of Adjustment and Appeals Decision Resolution No. APPLICANT: BDM, LLC. (Boulder Ridge) MEETING DATE: January 19, 1999 Introduction: At its December 3rd, 1998 meeting,the Board of Adjustment and Appeals voted 7-0 on a motion to deny a 45 foot variance to the 75 foot setback to the west and a 55 foot variance to the 75 foot setback to the north with findings as proposed by staff. On January 5, 1999 the Council heard the appeal of the variance denial, and approved the appeal and granted the reduced Variance request of 38 feet on the north side only. The attached resolution sets forth findings for Council's consideration. Alternatives: 1. Approve Resolution No. 5052 as presented approving the appeal of BDM, LLC. and granting a 38 foot variance from the required 75 foot setback from a residential zone for a property in a Highway Business(B-1) zone. 2. Approve Resolution No. 5052 with revisions approving the appeal of BDM, LLC. and granting a 38 foot variance from the required 75 foot setback from a residential zone for a property in a Highway Business(B-1)zone. Action Requested: Offer and approve Resolution No. 5052 approving the appeal of BDM, LLC. and granting a 38 foot variance from the required 75 foot setback from a residential zone for a property in a Highway Business (B-1) zone. RESOLUTION NO. 5052 A RESOLUTION OF THE CITY OF SHAKOPEE, MINNESOTA, APPROVING A 38 FOOT VARIANCE TO THE 75 FOOT SETBACK FROM RESIDENTIAL ZONES FOR A PROPERTY WITHIN'ME HIGHWAY BUSINESS (B-1)ZONE, SECTION 11.36, SUBD. 5.C. WHEREAS, BDM, LLC., applicant and owner, has filed an application dated December 11, 1998, for a variance under the provisions of Chapter 11, Land Use Regulation(Zoning), of the Shakopee City Code, Section 11.36, Subd. 5.C, for a 38 foot variance from the 75 foot setback from a residential zone for a property within the Highway Business (B-1)Zone; and WHEREAS, the property for which the request is being made is legally described as: Lot 1, Block 3 Boulder Ridge WHEREAS, this parcel is presently zoned Highway Business (B-1); and WHEREAS, notice was provided and on December 3, 1998, the Board of Adjustment and Appeals conducted a public hearing regarding this application, at which it heard from the Community Development Director and invited members of the public to comment; and WHEREAS, the Board of Adjustments and Appeals denied the request of BDM, LLC. On December 3, 1998 WHEREAS, BDM, LLC. appealed the decision of the Board of Adjustments and Appeals, and the City Council reviewed the appeal at its meeting of January 5, 1999; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, that the appeal of Genuine Auto Parts from the decision of Board of Adjustments and Appeals decision is hereby APPROVED, and the applicant granted a 38 foot variance from the 75 foot setback from a residential zone along the north property line in the Highway Business (B-1) zone subject to the following conditions: 1. Year-round vegetative screening along the north property line north of the building be installed to prevent vehicle headlight wash and provide a buffer between the property to the north. 2. A detailed landscape plan showing the buffer must be provided to staff prior to the issuance of a building permit. BE IT FURTHER RESOLVED that in granting the above-described variance, the City Council adopts the following findings with respect to City Code Sec. 11.89, Subd. 2, "Criteria for Granting Variances." Finding 1.A. The property cannot be put to a reasonable use if used under conditions allowed by the official controls. Current ordinance restrictions would result in an unreasonable and undesirable orientation of the parking and traffic adjacent to the residential. Finding 1.B. The plight of the landowner is due to circumstances unique to the property, i.e. the unique shape and narrowness of the property as well as easements located on the west side of the property. Finding 1.C. The circumstances were not created by the landowner, but rather are a result of a uniquely shaped lot which resulted from required zoning lines and plat configuration. Finding 1.D. The variance with the attached conditions will not alter the essential character of the locality. Finding 1.E. The problems extend beyond economic considerations. Other reasonable alternatives do not exist for the placement of the building and parking lot. Finding 2. The proposed variance would be in keeping with the spirit and intent of Chapter 11 (Zoning) in that the relationship of the structure to the surrounding properties would be similar to, and consistent with other commercial properties. Finding 4. The attached conditions will serve to insure compliance and protect the adjacent properties. Adopted in regular session of the City Council of the City of Shakopee, Minnesota, Held the day of , 1999. Mayor of the City of Shakopee ATTEST: City Clerk PREPARED BY: City of Shakopee 129 South Holmes Street Shakopee, MN 55379 15" CITY OF SHAKOPEE : 8. Memorandum TO: Honorable Mayor and City Council rearCONSEJ Mark McNeill, City Administrator L f FROM: R. Michael Leek, Community Development Director SUBJECT: Issue Paper on Metropolitan Governance MEETING DATE: January 19, 1999 INTRODUCTION: The City is a member of the Southwestern Coalition of Governments(the Coalition). Members of the Coalition include the cities of Chanhassen, Chaska,Eden Prairie, Shakopee, Victoria, Carver County and Scott County. John Boland,who also represents Scott County at the Legislature, represents the Coalition and its concerns at the Legislature. Because the issue of metropolitan governance has received increased discussion at the Legislature in recent years, and because the issue is likely to receive attention this year, representatives to the Coalition have developed an issue paper on the subject. The paper identifies 3 alternatives: 1)revision of the appointment process, 2)an elected Metropolitan Council, and 3)a council of governments approach. The paper does not recommend one of these approaches over the other, although the first alternative(amendment of the appointment process)has received positive discussion. ALTERNATIVES: 1. Authorize distribution of the attached paper to the Legislature for discussion only. 2. Do not authorize the distribution of the attached paper to the Legislature. 3. Table the item for additional information. STAFF RECOMMENDATION: Staff recommends alternative no. 1. ACTION REQUESTED: Offer and pass a motion authorizing distribution of the issue paper to the Legislature. R. Michael Leek Community Development Director R.Michael Leek Page 1 01/11/99MetGovRp.doc METROPOLITAN GOVERNANCE A Draft Issue Paper for Consideration by the Minnesota State Legislature INTRODUCTION: This paper was prepared by representatives of the Southwestern Coalition of Governments (the Coalition). The members of the Coalition have not officially adopted this paper, but the members have authorized its distribution to the Legislature in order to spark discussion of the alternatives for metropolitan governance. OVERVIEW: In recent years there has been continued and growing discussion about the need for the Legislature to address perceived shortcomings in the current governance structure for the Twin Cities Metropolitan Area. The discussion has largely been driven by three factors; • The problems that have resulted from continued rapid growth in the counties lying just outside the jurisdiction of the seven-county Metropolitan Council, • The perception that an appointed Metropolitan Council structure is not sufficiently accountable, • A desire to limit future"sprawl," and to make redevelopment and reinvigoration of the central cities and older, developed suburbs the focus future public investments. A task force appointed by the Legislature in 1998 has already begun the discussion regarding the problems associated with growth in the so-called "collar counties." Outgoing Metropolitan Council Chair Curt Johnson, in a December 1, 1998 address to the Sensible Land Use Coalition (SLUC), further set the stage for legislative consideration of the options available to address these problems. While a discussion of those options is outside the scope of this paper, the Southwestern Coalition of Communities (the Coalition) looks forward to having an active part in those discussions. The Coalition believes that it is vitally important that the Legislature take a realistic look at the options available to address the perceived accountability problem with the current Metropolitan Council structure. The Coalition further believes that a significantly revised appointment process (as outlined below) would more effectively address the perceived problem than the alternative most often discussed at the Legislature, i.e. an elected Metropolitan Council. ISSUE STATEMENT: The seven-county Twin Cities Metropolitan Area(Metro Area) has a long history of metropolitan governance and coordination. The establishment of the Metropolitan Council (the Council)was a response to lack of planning, coordination, and inequity in the payment of costs for public infrastructure. The Council's role has been to plan for the orderly growth, development, and redevelopment of the Twin Cities Metropolitan Area. Initially, separate regional operating agencies were established for airports, sanitary sewers, and transit. Two years ago,the Legislature significantly changed these structures by combining the operating agencies for sewers and transit into the Metropolitan Council itself. However, throughout its existence, the Governor has appointed the members of the Metropolitan Council, and they serve at the Governor's pleasure. While the Council's jurisdiction is still limited to the original seven counties, the Minneapolis/St. Paul Standard Metropolitan Statistical Area(SMSA)has grown to about 23 counties. Continued growth in the adjacent collar counties has created pressures on that these counties are unable to address on their own. Similarly, this "collar-county" development results in increased pressures on Metro area roadways, transit and other infrastructure which the Council, because of its limited jurisdiction, cannot effectively mitigate. Until the issue of development in collar counties is addressed these problems and pressures will remain. ALTERNATIVES: Appointed Metropolitan Council: Under this alternative, the Chairman and members of the Council would continue to be appointed by the Governor. The Council would remain responsible for regional planning and the operation of the regional sewer and transit systems. Changes would be made in the method by which appointments are made: 1. Nomination committees would be established in each Council district. The committees would consist of representatives of the cities, counties and/or townships located in the district. The committees would solicit candidates for the district seat on the Council, and review applications for open seats. The nominations committees would provide the governor with a list of 2—4 candidates. The governor would be required to make the appointments from the list(s) submitted by the committees. 2. Terms of office on the Council would be staggered, Advantages: 1. An appointed Council is less overtly political than an elected Council. 2. By establishing nominations committees with substantial local representation, and by requiring the governor to make appointments from the committees' lists of candidates, a more direct connection to local constituencies would be made. Thus, Council would become more accountable. 3. Staggering of terms on the Council would a) provide much needed continuity on the Council, and b) make appointment less political and less subject to dramatic shifts. Disadvantages: 1. As an appointive body, the Council has less credibility at the Legislature. Elected Metropolitan Council: Under this alternative, separate Council districts would be established from which Council members would be elected. Advantages: 1. Makes Council members more directly accountable to voters in the individual districts. 2. May give the Council's legislative agenda more credibility with the Legislature. Disadvantages: 3. Makes the Council a more overtly political body that, as a result, will likely be less able to carry out its planning and coordinating role. 4. Creates a more formal, additional layer of government that further impinges on the exercise of local autonomy at the city, county and school district levels. Council of Governments: Under this alternative a council, made up of representatives from local governments throughout the Metropolitan Area, would be established to govern at the metropolitan level. Advantages: 1. Provides a high level of accountability to local government throughout the Metropolitan Area. Disadvantages: 1. Because of this regions long history of regional governance in a different form, this alternative would have difficulty achieving legislative support. 2. Because of the size and complexity of such councils, positive action is difficult to accomplish. CITY OF SHAKOPEE 62/4..5 Memorandum TO: Honorable Mayor and City Council CGi —; Mark Mark McNeill, City Administrator FROM: Julie Klima, Planner II SUBJECT: Rescinding Resolution No. 4362 and Resolution No. 4603 (Resolutions Regarding Vacating a Portion of the Alley within the Market Place Plat) DATE: January 19, 1999 INTRODUCTION On February 4, 1997, the City Council approved Resolution No. 4362 and Resolution No. 4603. The purpose of these resolutions was to vacate a portion of the alley within Market Place 2nd Addition and retain a drainage and utility easement over the vacated alley. DISCUSSION At the time that these resolutions were approved, the developer of Market Place 2nd Addition was proposing the development plan that has been attached as Exhibit A. In October, 1998, the applicant revised the Market Place 2nd Addition development plan, as depicted on Exhibit B. The development plan illustrated as Exhibit B does not include the property described for vacation in Resolution Nos. 4362 and 4603, thereby negating the need for vacation. Because Resolution Nos. 4362 and 4603 were approved prior to the Final Plat of Market Place 2nd Addition (though their approval was contingent on the recording of the Final Plat of Market Place 2nd Addition), rescinding the resolutions will provide a clean "paper trail" of events for future researchers. ALTERNATIVES 1. Rescind Resolution Nos. 4362 and 4603. 2. Do not rescind Resolution Nos. 4362 and 4603. 3. Table the decision to allow staff or the applicant time to provide additional information. STAFF RECOMMENDATION Staff recommends that the City Council rescind Resolution Nos. 4362 and 4603 for the reasons previously discussed in this memorandum (Alternative No. 1). ACTION REQUESTED Offer Resolution No. 5053, A Resolution Rescinding Resolution Nos. 4362 and 4603, and move autits approval. 440,1L. ulie Klima Planner II is\commdev\cc\1999\cc0119\mpvacres.doc RESOLUTION NO. 5053 A RESOLUTION OF THE CITY OF SHAKOPEE VACATING RESOLUTION NOS. 4362 AND 4603 WHEREAS, Resolution Nos. 4362 and 4603 were approved by the Shakopee City Council on February 4, 1997; and WHEREAS, the Final Plat of Market Place 2nd Addition has undergone several updates prior to being recorded with Scott County; and WHEREAS, the Final Plat of Market Place 2nd Addition that has been recorded with Scott County does not include the property described in Resolution Nos. 4362 and 4603. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA: That Resolution Nos. 4362 and 4603 are hereby rescinded. After the adoption of this Resolution, the City Clerk shall file certified copies hereof with the County Auditor and County Recorder of Scott County. Adopted in session of the City Council of the City of Shakopee, Minnesota, Held the day of , 1999. Mayor of the City of Shakopee ATTEST: City Clerk PREPARED BY: City of Shakopee 129 South Holmes Street Shakopee, MN 55379 CERTIFICATION OF RESOLUTION NO. 5051 I, Judith S. Cox, City Clerk of the City of Shakopee, Minnesota, do hereby certify that the attached is a true and correct copy of Resolution No. , presented to and adopted by the City Council of the City of Shakopee at a duly authorized meeting thereof held on the 19th day of January, 1999, as shown by the minutes of the meeting in my possession. Dated this day of , 1999. = 1 1 �� l 1 _i 1 1r in 11 r'l 1 1 1 �c'� J 1_ 1 I 1 w�.31 pt I _ J L-7,�,s 380"' 1 r 3� _ _:• `--- NCO W ITA! _— __/L_ r N.s w�—f--•F• —T :fit"—_ _'fit' -- / ` I ' i� s"'j N ' I °I�' N - e r9 z, U or• _ 8ExL J L— -�J t� �{ 1 �-, ---- — 14 r—�.-r, 1 —1 I-_ 11 _i ,_ 1 r� sl - 1 I 3+ !1P N J E 6 . 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J C+ C) - som•.'I,eii. - 1� 1•=4.''4 }' 1 • , C 1. 1'':1 1 ^1 1 ,� Co n• ^ l -1 I ll_t c3 1 ~ r^ 1,rr1 -:I 1 Fr ,i 1=1 U 1 1 .4 - 1 1 ' I E e MARK:7 s- , i:t ! i I Is l !; It ,I ��— 3 t ril ii j(a {i --� — Z 1t 3i /,I 1 I ! 8 - MTI • y o i N to g V.' •- RESOLUTION NO.4362 AS AMENDED BY RESOLUTION NO.4603 A RESOLUTION OF THE CITY OF SHAKOPEE VACATING A PORTION OF AN ALLEY WHEREAS,all that land North of the following described line: Starting at the Northeast corner of Market Place 2nd Addition, and proceeding South 10 feet along the East property line to the point of beginning;then proceeding in a straight line 312 feet to a point on the West line of Market Place 1st Addition, which point is 6.11 feet South of the North property line, and there terminating, City of Shakopee, County of Scott, State of Minnesota; and WHEREAS, it has been made to appear to the Shakopee City Council that the aforementioned alley serves no public use or interest; and WHEREAS, the public hearing to consider the action to vacate was held in the Council Chambers of the City Hall in the City of Shakopee at 7:00 P.M. on the 5th day of December, 1995; and WHEREAS, two weeks published notice has been given in the SHAKOPEE VALLEY NEWS and posted notice has been given 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; and WHEREAS, all persons desiring to be heard on the matter were given an opportunity to be heard at the public hearing in the Council Chambers in the City of Shakopee. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE,MINNESOTA: 1. That it finds and determines that the vacation hereinafter described is in the public interest; 2. All that land North of the following described line: Starting at the Northeast corner of Market Place 2nd Addition, and proceeding South 10 feet along the East property line to the point of beginning;then proceeding in a straight line 312 feet to a point on the West line of Market Place 1st Addition, which point is 6.11 feet South of the North property line, and there terminating, City of Shakopee, County of Scott, State of Minnesota, serves no further public need; 3. All that land North of the following described line: Starting at the Northeast corner of Market Place 2nd Addition, and proceeding South 10 feet along the East property line to the point of beginning;then proceeding in a straight line 312 feet to a point on the West line of Market Place 1st Addition, which point is 6.11 feet South of the North property line, and there terminating, City of Shakopee, County of Scott, State of Minnesota, is hereby vacated, contingent upon the recording of Market Place 2nd Addition; and 4. A drainage and utility easement shall be retained over the aforementioned property; and 5. 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_1 i ` j t,'?)sesion of the City Council of the City of Shakopee,Minnesota, U held the y -day of /:‘,24tq/,Z21-, , 1997. u a ,o t e City of Shakopee ATTEST: u . e)6 10 Clerk PREPARED BY: CITY OF SHAKOPEE 129 SOUTH HOLMES STREET SHAKOPEE, MN 55379 '" 77 Hs res r �• — k ,b i"i+`4y-34 MF9 a x a RESOLUTION NO. 4603 A RESOLUTION OF THE CITY OF SHAKOPEE REVISING RESOLUTION NO. 4362 A RESOLUTION OF THE CITY OF SHAKOPEE VACATING A PORTION OF AN ALLEY WHEREAS, Resolution No. 4362 was approved by the City Council on December 5, 1995, which vacated all that land North of the following described line: Starting at the Northeast corner of Market Place 2nd Addition, and proceeding South 10 feet along the East property line to the point of beginning;then proceeding in a straight line 312 feet to a point on the West line of Market Place 1st Addition, which point is 6.11 feet South of the North property line, and there terminating, City of Shakopee, County of Scott, State of Minnesota; and WHEREAS, Resolution No. 4362 has been found to error due to the fact that it does not include the retaining of a drainage and utility easement over the vacated property legally described in Resolution No. 4362; and WHEREAS, it has been made to appear to the Shakopee City Council that the aforementioned alley serves no public use or interest; and WHEREAS, the public hearing to consider the action to vacate was held in the Council Chambers of the City Hall in the City of Shakopee at 7:00 P.M. on the 5th day of December, 1995; and WHEREAS, two weeks published notice has been given in the SHAKOPEE VALLEY NEWS and posted notice has been given 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; and WHEREAS, all persons desiring to be heard on the matter were given an opportunity to be heard at the public hearing in the Council Chambers in the City of Shakopee. { NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA: That Resolution No. 4362 shall be revised to include the following: 4. A drainage and utility easement shall be retained over the aforementioned property; Adopted in ,, �,J,C.4/,) session of the City Council of the City of Shakopee, Minnesota, r a xu held the day of — eel, 1997. ✓Oro the City of Shakopee ATTEST: . D .yL .% . lerk DRAFTED BY: City of Shakopee 129 South Holmes Street Shakopee, MN 55379 g! t 1 , :.r... s.a a t.. .4W^, _ .,.,. _.._.......__. _, ._ .�.y-*-��,.dc.,��,„ .... .......o.... �a:3�...Gs:��,,u,,,�:ue�SE ,yr`"r.�., .z�': '� _ ,a .�. .a s. /s/: 6 . CITY OF SHAKOPEE Memorandum CONSENT TO: Mayor and City Council Mark McNeill, City Administrator FROM: R. Michael Leek, Community Development Director SUBJECT: Koskovich Property Environmental Assessment Worksheet(EAW) MEETING DATE: January 19, 1998 Introduction: State statute and Minnesota Environmental Quality Board (EQB)rules mandate the preparation of an EAW for industrial projects or expansions that exceed 200,000 square feet. Once the EAW is prepared the City(as RGU) must publish notice in the"EQB Monitor" and to distribute the EAW for review. Earlier this year the Council reviewed and EAW for a proposed SuperValu distribution center on the subject site, and on July 9, 1998 issued a negative declaration on the need for an Environmental Impact Statement. SuperValu ultimately decided to maintain and expand their facilities in the City of Hopkins. Opus Northwest, LLC now proposes the construction of a 483,700 sq. ft. distribution center on this 75-acre site. The proposed tenant is Department 56 which makes Christmas collectibles. The project also includes 150 passenger vehicle spaces, 40 semi-truck stalls and 40 semi-truck loading bays. Staff has determined that a separate EAW should be distributed for review. At the time of preparation of this memo the draft EAW was undergoing some minor revisions; copies will be available at the meeting. Notice is being sent to the EQB for publication on Friday to meet the EQB's publication deadline. In the event that Council does not authorize publication of notice, a correction will be sent to the EQB. Action Requested: Offer and pass a motion to authorize publication of notice in the"EQB Monitor" and distribution of the draft EAW for review and comment. Council is not asked to approve the EAW at this time, as it will be brought back after expiration of the review period. R. Michael Leek Community Development Director EAWKOSKO.DOC/RML 1 /s. 6. 1, CITY OF SHAKOPEE CONSENT Memorandum CONSENT V TO: Mayor& City Council Mark McNeill, City Administrator FROM: Bruce Loney, Public Works Director SUBJECT: Termination of Probationary Status for Layne Otteson DATE: January 19, 1999 INTRODUCTION: Staff is recommending that Mr. Otteson's probationary status be terminated. BACKGROUND: The Council authorized the hiring of Layne Otteson to fill the Engineering Technician II position that was created in 1998. Mr. Otteson has completed his six month probationary period satisfactorily. The staff memo dated July 7, 1998 recommends that Mr. Otteson be given a salary adjustment to Step II of the Pay Plan, if he satisfactorily completes his six month probationary period. At the July 7, 1998 meeting, Council approved a Step II increase subject to a successful completion of the six month probation period. ALTERNATIVES: 1. Move to terminate Layne Otteson's probationary status. 2. Extend probationary status for another six months. 3. Table action pending further information from staff. RECOMMENDATION: Staff recommends Alternative No. 1, with a note that Mr. Otteson's pay will be increased to Step II of the 1999 Non-Union Pay Plan as previously approved by Council on July 7, 1998. ACTION REQUESTED: Move to terminate Layne Otteson's probationary status. nice Loney Public Works Director BL/pmp TECHII Official Proceedings of the July 7, 1998 Shakopee City Council Page -4- In response to a question as to whether or not there is a downside to waiving the submission of an RLS, Michael Leek stated his only reservation was whether it is still advisable to have a subdivision ordinance that requires RLS's to be reviewed in the same way. DuBois/Sweeney moved to approve the request of Valley Green to waive the requirement of submission of a Registered Land Survey (RLS) in the form of a preliminary plat. Motion carried unanimously. DuBois/Amundson moved to authorize the appropriate city officials to prepare and submit a full application for Livable Communities Demonstration funds. (Motion carried under the Consent Agenda.) DuBois/Amundson offered Resolution No. 4927, A Resolution of Appreciation to Richard Cheever, and moved its adoption. (Motion carried under the Consent Agenda.) DuBois/Amundson moved to authorize the hiring of Layne Otteson for the position of Engineering Technician II starting at Step 1 of the Non-Union 1998 Pay Plan ($29,780.00/Yr.), with a step increase to $30,843.00 per year after successful completion of the six month probationary period, effective July 27, 1998, subject to the successful completion of a pre- employment physical and background check. (Motion carried under the Consent Agenda.) DuBois/Amundson moved to authorize the hiring of Tim Adamek as Public Works Maintenance Worker and to be hired at Step I ($12,574/Hr.) of the 1998 Public Works Union Pay Schedule, with a step increase to Step 2 ($13.023/Hr.) after a successful completion of the six month probationary period, effective July 20, 1998, and subject to a successful pre-employment physical and background check. (Motion carried under the Consent Agenda.) Item 15.D.2. Naming Tahpah Park Baseball Stadium, was taken out of the regular order on the agenda. Mark McQuillan, Parks and Recreation Director, reported that the Park and Recreation Advisory Board spent considerable time discussing the request of Steve O'Neil to name the baseball stadium in Tahpah Park after the late Joe Schieper, and unanimously recommended that the City Council give strong consideration to this request. Steve O'Neil approached the podium and stated that Joe Schieper spearheaded the construction of the stadium's grandstand,batting eye, scoreboard,dugouts and batting cages. He also inspired hosting the State Amateur Baseball Tournament three years ago. He asked that the baseball stadium, and not Tahpah Park, be named after Joe Schieper Sr. DuBois/Amundson moved to name the baseball stadium at Tahpah Park after Joe Schieper. Motion carried unanimously. AT, 8.2. • CITY OF SHAKOPEE - Memorandum CONSENT TO: Mayor& City Council Mark McNeill, City Administrator FROM: Bruce Loney, Public Works Director SUBJECT: Joint Powers Agreement for 1999 Street Maintenance Work DATE: January 19, 1999 INTRODUCTION: Attached is a Joint Powers Agreement (JPA) for 1999 Traffic Markings, Street Sweeping, Crack Sealing and Seal Coating work between Burnsville, Apple Valley, Eagan, Lakeville, Rosemount, Savage, Prior Lake and Shakopee for Council consideration. BACKGROUND: The City of Burnsville and other south suburban communities have been participating in the above referenced JPA in the past years. The purpose of the agreement is to provide street maintenance materials and service utilizing one common contractor for each service. This arrangement has streamlined the process of contracting for these services and resulted in a lower cost by utilizing the purchasing power of several Communities combined needs. The City of Shakopee entered into this JPA in 1996, 1997 and 1998. In this JPA, the City of Burnsville will coordinate the bid documents by preparing the plans, specifications, bid proposals and advertise for bids for street maintenance services, such as street traffic markings, street sweeping, crack sealing and seal coating. The City of Burnsville charges a 1% to 2% fee for administering the JPA, depending on the amount of work. The City of Shakopee, for 1999, would be interested in street seal coating, street crack sealing and traffic markings. For this amount of work, the administration fee would be 1.5% of the cost. The 1999 budget has included the following work in the Street Division: • Bituminous Seal Coating $45,000 • Bituminous Pavement Crack Sealing $10,000 • Street Traffic Markings $ 8,000 Staff is proposing to enter into the JPA to complete the above referenced street maintenance work for 1999. Another advantage of the JPA is that due to the volume of work, the work for each service can be scheduled for the appropriate time. For instance, striping work will be done in early summer in the month of June, as well as the bituminous seal coating and crack sealing work. In the specifications, the City of Shakopee does retain the right to reject participation in the JPA, depending on unit bid price. In reviewing this JPA, staff believes the contract administration fee of 1.5% is reasonable and the volume of work will provide for lower bid prices. City staff has reviewed the JPA and feels that the specifications allow each City to decrease or increase the quantity of work, even to the point of opting out completely, so that the risk to the City of Shakopee is very minimal and there can be cost savings that can be realized by bidding with other Cities. ALTERNATIVES: 1. Authorize the appropriate City officials to execute the JPA for 1999 Traffic Markings, Street Sweeping, Crack Sealing and Seal Coating between the Cities of Burnsville, Apple Valley, Eagan, Lakeville, Rosemount, Savage, Prior Lake and Shakopee. 2. Do not authorize the JPA. 3. Table for more information. RECOMMENDATION: Staff recommends Alternative No. 1. ACTION REQUESTED: Authorize the appropriate City officials to execute the Joint Powers Agreement for 1999 Traffic Markings, Street Sweeping, Crack Sealing and Seal Coating between the Cities of Burnsville, Apple Valley Eagan, Lakeville, Rosemount, Savage, Prior Lake and Shakopee. Bruce Loney Public Works Director BL/pmp JPA .���. City of BURNSVILLE 100 Civic Center Parkway • Burnsville, Minnesota 55337-3817 (612)895-4400 December 7, 1997 Mr.Dennis Miranowski Mr.Arnie Erhart Mr. Bruce Loney City of Apple Valley City of Eagan City of Shakopee 14200 Cedar Avenue 3501 Coachman Point 129 Holmes Street S. Apple Valley,MN 55124 Eagan,MN 55122 Shakopee,MN 55379 Mr.Don Volk Mr.Bud Osmondson Mr. Dave Hutton City of Lakeville City of Rosemount City of Savage 20195 Holyoke Avenue 2875 145th Street West 6000 McColl Drive Lakeville,MN 55044 Rosemount,MN 55068 Savage,MN 55378 Mr. Greg Ilkka City of Prior Lake 4629 Dakota Street S.E. Prior Lake,MN 55372 RE: 1999-2000 JOINT POWERS AGREEMENT FOR TRAFFIC MARKINGS, STREET SWEEPING,CRACK SEALING AND SEAL COATING Dear 9yat Enclosed is a copy of the Joint Powers Agreement(JPA)for the joint bidding on the above referenced items. This Agreement includes the sliding scale percentage for the actual construction cost for each City. The City of Burnsville collects this cost to cover coordination, legal and administrative costs. This will be billed to each City at the end of the year. Please call and indicate if you wish to participate in the 1999-2000 JPA, and also place this Agreement on an early agenda for your Council's action. After Council action,please sign the WA for your City and return the original to me at the Burnsville Engineering Department. Our City Council is considering the JPA on January 19, 1999, and the bid opening on February 26, 1999. I will be calling in two weeks to get the necessary quantities. Also,enclosed is a copy of the 1999-2000 schedule,last year's specifications and abstract for your review. If you have any questions, comments or suggestions,please feel free to call me at 895- 4541. Sincerely, CI OF BURNSVILLE C eve Cro gshield Engineering Department Enc: JOINT POWERS AGREEMENT 1999 TRAFFIC MARKINGS,STREET SWEEPING,CRACK SEALING&SEAL COATING BURNSVILLE,APPLE VALLEY,EAGAN,LAKEVILLE ROSEMOUNT,SAVAGE,PRIOR LAKE AND SHAKOPEE AGREEMENT made this 19th day of January, 1999 by and between the cities of Burnsville,Apple Valley,Eagan,Lakeville,Rosemount, Savage,Prior Lake and Shakopee. RECITALS This agreement is made pursuant to the authority conferred upon the parties pursuant to Minnesota Statutes 471.59. The purpose of this agreement is to provide street maintenance materials and service for the cities of Burnsville,Apple Valley,Eagan,Lakeville,Rosemount, Savage,Prior Lake and Shakopee utilizing one common contractor for each service. NOW,THEREFORE,the parties agree as follows: 1. Subject to the other provisions of this agreement,Burnsville shall prepare any plans, specifications,bid proposals and advertise for bids for the placement of street traffic markings, street sweeping,crack sealing and seal coating services. 2. Apple Valley,Eagan,Lakeville,Rosemount, Savage,Prior Lake and Shakopee shall provide to Burnsville the estimated quantities for these services in each respective community, and shall also approve the bid documents. 3. Burnsville shall tabulate the bids upon their receipt and make a recommendation of award to Apple Valley,Eagan,Lakeville,Rosemount, Savage,Prior Lake and Shakopee and upon their approval, award the contract pursuant to State Law. 4. Each city shall be responsible for: • Preparing maps showing the proposed locations for these services including estimating the quantities. • Preparing the streets for markings in accordance with the specifications and coordinating with the contractor as to the timing of the actual work. • Inspecting the contractor's work,measuring the quantities of work performed, approving and certifying the progress or final payments to the contractor. • Pay a percentage of actual construction cost to City of Burnsville for legal and administrative cost on a sliding scale basis as follows: $0-50,000-2% $50,000- 100,000- 1.5% Over 100,000- 1.0% 5. In accordance with the specifications,the contractor will submit an itemized invoice to each city separately for the work performed in each city. Upon approval of the invoice by the respective city,that city will remit the approved invoice amount directly to the contractor. 6. It is agreed that the cities of Apple Valley,Eagan,Lakeville,Rosemount, Savage,Prior Lake and Shakopee each of them,indemnify, save, and hold harmless the City of Burnsville and all of its agents and employees from any and all claims,demands, actions,or causes of action, for whatever nature,arising out of the contracting procedure by reason of the execution or performance of the work purchased for each respective city under this agreement, and that the cities of Apple Valley,Eagan,Lakeville,Rosemount, Savage,Prior Lake and Shakopee further agree to defend, at their sole cost and expense,any actions or proceedings commenced against their respective cities for the purposes of asserting any claim of whatsoever character arising hereunder. 7. This agreement can be terminated on the part of any individual city by giving sixty(60) days notice to the other cities,otherwise the agreement will automatically terminate on March 15, 2000. 2 IN WITNESS WHEREOF,the parties have caused this Agreement to be executed on the date indicated below. CITY OF BURNSVILLE BY: Mayor Elizabeth B.Kautz DATE: BY: Manager Gregory J.Konat CITY OF APPLE VALLEY BY: Mayor DATE: BY: Clerk CITY OF EAGAN BY: Mayor DATE: BY: Clerk CITY OF LAKEVILLE BY: Mayor DATE: BY: Clerk CITY OF ROSEMOUNT BY: Mayor DATE: BY: Clerk CITY OF SAVAGE BY: Mayor DATE: BY: Clerk CITY PRIOR LAKE BY: Mayor DATE: BY: Clerk CITY SHAKOPEE BY: Mayor DATE: BY: Clerk 3 1999-2000 SCHEDULE STREET MAINTENANCE MATERIALS CITY PROJECT 99-303 BURNSVILLE,MINNESOTA CONTRACT PERIOD: MARCH 16, 1999 THRU MARCH 15, 2000 DETERMINE AREAS TO BE SEALCOATED: (Start to Prepare Maps) October-November 1998 GET JOINT POWERS AGREEMENT TO CITIES AND QUANTITIES FROM ALL CONCERNED: December 2, 1998 CONSIDER JOINT POWERS AGREEMENT: January 19, 1999 or (Council Meeting) February 1, 1999 PERMISSION TO AUTHORIZE AD FOR BIDS: January 19, 1999 or (Council Meeting) February 1, 1999 PUBLISH: Send to Paper—Sun Current February 1, 1999 Published February 3 & 10, 1999 PUBLISH: Send to Paper—Construction Bulletin February 3, 1999 Published February 5 & 12, 1999 PLANS & SPECIFICATIONS (Mail out to Bidders List): February 6, 1998 OPEN BIDS: (Send Letters to Cities to Concur Award of Bids) February 26, 1999 COUNCIL CONSIDERS AWARD: (Council Meeting) March 15, 1999 LETTER,ABSTRACT&CONTRACTS TO SUCCESSFUL BIDDERS: March 17, 1999 LETTER TO CITIES &CONTRACTORS ABOUT PRE-CONSTRUCTION MEETING: March 26, 1999 LETTER&ABSTRACT TO UNSUCCESSFUL BIDDERS: May 3, 1999 PRE-CONSTRUCTION MEETING: April 8, 1999 LETTER AND MAP FOR PRESS RELEASE: (Skelly) June 1, 1999 CITY OF SHAKOPEE Memorandum ISL`1 V: o=14 T TO: Mayor& City Council Mark McNeill, City Administrator FROM: Bruce Loney, Public Works Director SUBJECT: River District Trunk Sewer Reconstruction Project No. 1999-1 DATE: January 19, 1999 INTRODUCTION: Attached is Resolution No. 5054, which approves the plans and specifications and authorizes staff to advertise for bids for the River District Trunk Sewer Reconstruction, Project No. 1999-1. BACKGROUND: On May 19, 1998, the City Council ordered the preparation of a feasibility report for the improvements listed above. The feasibility report was completed and submitted to City Council on December 15, 1998. At that meeting, Resolution No. 5039, a resolution receiving a feasibility report and ordering the improvement and preparation of plans was adopted. The plans have been completed by staff and the next step in the process is for Council to approve plans and order the advertisement for bids. The plans included a reconstruction and relocation of a trunk sanitary sewer along the south riverbank of the Minnesota River approximately 640 lineal feet. Replacement of storm sewer outlets are part of the plans by the Holmes Street bridge. A permit application for the work has been submitted to the Department of Natural Resources for a "Protective Waters" permit and is expected to be received soon for this project. It is staff's intent to reconstruct this segment of City sewer before any spring flooding of the Minnesota River. ALTERNATIVES: 1. Adopt Resolution No. 5054. 2. Deny Resolution No. 5054. 3. Table for additional information. RECOMMENDATION: Staff recommends Alternative No. 1, to approve plans and specifications in order to proceed with this project so as to construct the improvements this year and before any spring flooding on the Minnesota River. ACTION REQUESTED: Offer Resolution No. 5054, A Resolution Approving Plans and Specifications and Ordering Advertisement for Bids for the River District Trunk Sewer Reconstruction, Project No. 1999-1 and move its adoption. .Slee Bruce Loney Public Works Director BL/pmp MEM5054 RESOLUTION NO. 5054 A Resolution Approving Plans And Specifications And Ordering Advertisement For Bids For The River District Trunk Sewer Reconstruction Project No. 1999-1 WHEREAS, pursuant to Resolution No. 5039 adopted by City Council on December 15, 1998, Bruce Loney, Public Works Director has prepared plans and specifications for the River District Trunk Sanitary Sewer reconstruction by the reconstruction of sanitary sewer and any other appurtenant work and has presented such plans and specifications to the Council for approval. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE,MINNESOTA: 1. Such plans and specifications, a copy of which is on file and of record in the Office of the City Engineer, are hereby approved. 2. The City Clerk shall prepare and cause to be inserted in the official paper and in the Construction Bulletin an advertisement for bids upon the making of such improvement under such approved plans and specifications. The Advertisement for Bids shall be published as required by law. Adopted in session of the City Council of the City of Shakopee, Minnesota,held this day of , 1999. Mayor of the City of Shakopee ATTEST: City Clerk CITY OF SHAKOPEE /J • t3• �• Memorandum TO: Mayor&City Council CONSENT Mark McNeill, City Administrator CONSENT FROM: Ray Ruuska,Project Coordinator SUBJECT: Valley Park 13th Addition,Project No. 1996-8 DATE: January 19, 1999 INTRODUCTION: Council action is required for a resolution accepting work and making final payment on Valley Park 13th Addition Improvements,Project No. 1996-8. BACKGROUND: All of the work for this project has been completed in accordance with the contract documents. Attached is a Certificate of Completion showing the original contract amount of$1,093,063.60 and the actual final costs of$1,089,954.59 for this project. ACTION REQUESTED: Offer Resolution No. 5055, A Resolution Accepting Work on Valley Park 13th Addition Improvements,Project No. 1996-8 and move its adoption. Ray Ruuska Project Coordinator RR/pmp MEM5055 RESOLUTION NO. 5055 A Resolution Accepting Work On The Valley Park 13th Addition Improvements Project No. 1996-8 WHEREAS,pursuant to a written contract signed with the City of Shakopee on December 6, 1996, Richard Knutson, Inc. has satisfactorily completed the Valley Park 13th Addition Improvement Project, in accordance with such contract. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA that the work completed under said contract is hereby accepted and approved; and BE IT FURTHER RESOLVED, that the City Clerk and Mayor are hereby directed to issue a proper order for the final payment on such contract in the amount of$500.00, taking the contractor's receipt in full. Adopted in session of the City Council of the City of Shakopee,Minnesota,held this day of , 1999. Mayor of the City of Shakopee ATTEST: City Clerk CERTIFICATE OF COMPLETION CONTRACT NO. : 1996-8 DATE: January 19 , 1999 PROJECT DESCRIPTION : Valley Park 13th Addition Improvements CONTRACTOR: Richard Knutson , Inc . 12585 Rhode Island Avenue S. Savage , MN 55378 ORIGINAL CONTRACT AMOUNT $ 1 093 063 . 60 QUANTITY CHANGE AMOUNT $ ( 19 , 329 . 30 ) CHANGE ORDER NO. 1 THRU NO. -- AMOUNT , , , $ 16 , 220 . 29 FINAL CONTRACT AMOUNT $ 1 , 089 , 954 . 59 LESS PREVIOUS PAYMENTS $ 1 089 454 . 59 FINAL PAYMENT $ 500 . 00 I, hereby certify that the above described work was inspected under my direct supervision and that, to the best of my belief and knowledge, I find that the same has been fully completed in all respects according to the contract, together with any modifications approved by City Council . I, therefore, recommend above specified final payment be made to the above named Contractor. Ai-ee Professional Engi r CITY OF SHAKOPEE Memorandum CONS ENT To: Honorable Mayor, City Council Mark McNeill, City Administrator From: Dan Hughes, Chief of Police / I Date: January 12, 1999 Subject: Automatic Defibrillator Grant Introduction: The Police Department is seeking authorization for the appropriate City staff to enter into an agreement with the Minnesota Department of Public Safety(MDPS)for a Automatic External Defibrillator grant. Background: The Police Department submitted a Automatic Defibrillator grant application to the MDPS in July of 1998 after receiving approval for the application from Council. The MDPS received $450,000 from the 1998 legislative session to be used to purchase automatic external defibrillators (AED) and distribute the AEDs to local law enforcement agencies. Our application requested three AEDs which would have put an AED in every marked squad car. We have been awarded one AED. The MDPS was unable to meet our request because of the large number of grant applications submitted by local law enforcement agencies. The brand of AED which the State will distribute under this grant is the same brand our police officers are trained to use in the field. Budget Impact: The grant does not require local matching funds. Action Requested: If Council concurs, they should, by resolution authorize the appropriate City staff to enter into an agreement with the Minnesota Department of Public Safety for a Automatic External Defibrillator grant which will result in the Police Department receiving an AED in 1999. RESOLUTION NO. 5056 A RESOLUTION OF THE SHAKOPEE CITY COUNCIL AUTHORIZING EXECUTION OF A GRANT AGREEMENT WITH THE STATE OF MINNESOTA FOR A AUTOMATIC EXTERNAL DEFIBRILLATOR BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, AS FOLLOWS: That the Shakopee Police Department is hereby authorized to enter into a grant agreement with the State of Minnesota, Department of Public Safety, Office of the Commissioner, for one Automatic External Defibrillator(AED). That the Shakopee City Administrator is hereby authorized to execute such agreements and amendments as are necessary to implement the grant agreement on behalf of the Shakopee Police Department and to be the fiscal agent and administer the grant. Adopted in regular session of the City Council of the City of Shakopee, Minnesota, held this 19th day of January, 1999. Mayor of the City of Shakopee ATTEST: City Clerk CITY OF SHAKOPEE C Memorandum CONSENT To: Honorable Mayor, City Council Mark McNeill, City Administrator From: Dan Hughes, Chief of Police / j Date: January 13, 1999 Subject: Authorization to Hire a Police Officer Introduction The Police Department is requesting Council approval to fill a vacant police officer position. Background The Police Department experienced four voluntary terminations between November of 1997 and June, 1998. In July the Council authorized the hiring of four individuals in response to the vacancies created by the terminations. Officers Tate and Conway were hired in August to fill two of the vacant positions. The remaining two vacant positions were unfilled because one of the candidates accepted a position with another agency and the other was unable to satisfactorily complete the psychological examination. Officer Lawrence offered his voluntary resignation in July, 1998. Officer Koch offered his voluntary resignation in October of 1998 which returned the number of vacant police officer positions to four. The Council authorized the hiring of Clay Johnson and Jason Arras to fill two of those vacant positions in November of 1998. Officers Johnson and Arras filled the positions on December 14, 1998. The Council authorized Mark Sundgren be hired as a probationary police officer on December 1, 1998 subject to his satisfactory completion of a pre-employment medical and psychological examinations. Mr. Sundgren successfully completed those examinations prior to December 30, 1998. Mr. Sundgren formally withdrew his name from consideration for the position on December 31, 1998. The memorandum to Council which requested the authorization to hire Mark Sundgren also addressed the status of the background investigations on other eligible candidates. Since then the background investigations of Rick Denmark, Julio Baez and Romaine Drowns have been completed. Mr. Denmark formally requested his name be removed for consideration following the completion of his background investigation. The following names are the top three candidates listed on the eligible register established by the Police Civil Service Commission. Julio Baez Romaine Drowns David Kolar Budget Impact The vacant position was budgeted for in the 1999 Police Department Budget. Recommendation Staff recommends Council authorize the hiring of Romaine Drowns as a probationary police officer. This recommendation is based upon the Police Department's background investigations conducted on the candidates and the request of David Kolar to not have his name considered for this position. Mr. Kolar accepted a position with the Hennepin County Sheriffs Department several weeks ago and wishes to give that opportunity his full attention before offering a formal, permanent withdrawal from this or any future consideration. Action Requested If Council Concurs, they should, by motion, authorize the hiring of Romaine Drowns as a probationary police officer at a monthly rate of$2,743.95 subject to the satisfactory completion of pre-employment medical and psychological examinations. Dan Hughes Chief of Police CITY OF SHAKOPEE Memorandum CONSENT TO: Mayor and City Council Mark McNeill, City Administrator FROM: Judith S. Cox, City Clerk SUBJECT: Release of Letter of Credit - Valley Park 13th Addition DATE: January 11, 1999 INTRODUCTION: City Council is asked to authorize the release of the letter of credit for the improvements for Valley Park 13th Addition. BACKGROUND: The City has received a request from Valley Green Business Park to release the letter of credit, on file with the City, to insure payment of the special assessments for the public improvements contained in the developer's agreement for Valley Park 13th Addition. The developer's agreement allows for the release of the letter of credit by the City upon payment of the special assessments. The balance of the special assessments have been paid in full. It is appropriate to release the letter of credit at this time. RECOMMENDED ACTION: Authorize the release of the letter of credit from Valley Green Business Park for public improvements in Valley Park 13th Addition in the amount of $254,917.40. 1,-La it, Clerk is\clerk\judy\loc-rel.vp IS. E• .2.. F CITY OF SHAKOPEE CONSENT CENT Memorandum V 'V�7 G L.. s TO: Mayor and City Council Mark McNeill, City Administrator FROM: Judith S. Cox, City Clerk SUBJECT: Reduction of Bonds - Longmeadow and Southbridge/Centex DATE: January 13, 1999 INTRODUCTION: City Council is asked to authorize a reduction in the performance and payment bonds guaranteeing completion of the improvements for both Longmeadow and one phase of Southbridge 1st Addition. BACKGROUND: Centex Homes is the Developer for the Longmeadow Addition and for one of the phases of Southbridge 1st Addition. They platted the Longmeadow subdivision and purchased from Valley Green Business Park a portion of the Southbridge 1st subdivision. They provided the City with performance and payment bonds to guarantee completion of the public improvements that they are construction under Plan A of the Developer's Agreements. They have completed the utility work in both developments and have asked that their bonds be reduced. The utility work has been inspected and accepted by the Engineering Department for both subdivisions. The City is in receipt of the required one year maintenance bonds for the utility work in both subdivisions. The Developer's Agreement allows for the reduction of the financial security upon receipt of the maintenance bond. The amounts of the bonds remaining will cover the cost for the street construction, as outlined in the Developer's Agreements. It is appropriate to reduce the bonds at this time. RECOMMENDED ACTION: 1. Authorize the reduction of the performance and payment bond from Centex Homes for public improvements in Longmeadow from $209,390 to $52,347.50. 2. Authorize the reduction of the performance and payment bond from Centex Homes for public improvements in Southbridge 1st Addition from $346,650 to $155,000. Cler is\clerk\judy\loc-rel.lm CITY OF SHAKOPEE Memorandum TO: Mayor and City Council Mark McNeill, City Administrator FROM: Judith S. Cox, City Clerk SUBJECT: Releasing of Letters of Credit DATE: January 7, 1999 INTRODUCTION: The City Council is asked to consider authorizing staff to release and reduce letters of credit required within Developer's Agreements when the conditions for which they are required have been satisfied. BACKGROUND: When streets are platted within a new subdivision, Developers are required to install the public improvements or they may request the City to install the public improvements and have the cost assessed against the benefiting properties. In both cases, the Developers are required to post a financial security to insure their construction or the payment of the assessments. Upon completion of the improvements by the Developer, or upon payment of the assessments by the Developer, the City will reduce or release the financial guarantee - usually a letter of credit. Each time a Developer's Agreement has been satisfied, staff brings to City Council the request of the Developer to reduce or release the letter of credit. In 1982, the City Council authorized the City Clerk to release Developer's Agreements upon their satifaction by the Developer as opposed to bringing each request for release to the City Council. Because of the increase in development over the recent years and the increase of financial securities being filed with the City, staff is wondering if City Council would like to dispense with requiring each release to receive Council action. The attached resolution has been prepared for City Council consideration if it is desired that the City Clerk or other staff member be given the authority to reduce or release letters of credit, or other financial securities, when the conditions of the Developer's Agreement have been satisfied. RECOMMENDED ACTION: If City Council so chooses: Offer Resolution No. 5050, A Resolution Authorizing the City Clerk to Reduce/Release Letters of Credit and Other Security for Public Improvements Contained in Developers' Agreements, and move its adoption./�n. i . S. x Cit Clerk i.\clerk\Judy\res-5050.mem J lth , y RESOLUTION NO. 5050 A RESOLUTION AUTHORIZING THE CITY CLERK TO REDUCE/RELEASE LETTERS OF CREDIT AND OTHER SECURITY FOR PUBLIC IMPROVEMENTS CONTAINED IN DEVELOPERS' AGREEMENTS WHEREAS, when a parcel of property is submitted to the City Council for approval of a proposed subdivision, a Developer's Agreement may be required, which Developer's Agreement requires, among other things, the construction of public improvements; and WHEREAS, the Developer's Agreement may provide that either the Developer or the City make the improvements and establish the conditions thereof; and WHEREAS, when the developer desires to make the improvements, financial security must be submitted to the City to insure completion of the improvements; and WHEREAS, when the City is requested to make the improvements, financial security must be submitted to the City to insure payment of the special assessments; and WHEREAS, upon completion of the public improvements and payment of any special assessments, as provided in the Developer's Agreement, the City desires to release the financial security. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, that the City Clerk is hereby authorized and directed to reduce or release the financial security required pursuant to a Developer's Agreement for any subdivision when all conditions of the Developer's Agreement relative to the financial security have been met. Adopted in session of the City Council of the City of Shakopee, Minnesota, held this day of , 1999. Mayor of the City of Shakopee ATTEST: City Clerk i:\clerk\judy\res-5050 is. a. y, CITY OF SHAKOPEE Memorandum TO: Mayor and Council Mark McNeill, City Administrator FROM: Gregg Voxland, Finance Director SUBJ: Light Truck Purchases DATE: January 12, 1999 Introduction The 1999 Internal Service Fund budget contains $16,000 for the purchase of a small 4x4 pickup for the Engineering Division, and $40,000 for a Chief's/Personnel vehicle for the Fire Department. Background The 1999 budget contains $16,000.00 for a small 4x4 pickup and $40,000.00 for a Chief's/Personnel vehicle for the Fire Department. Addressed in this memo is only the purchase of the trucks. Funds are allocated in the Internal Service Fund for these purchases. The compact pickup was included in the budget due to the need for an additional 4x4. The 1989 pickup will be shifted to another department or sold. The vehicles for the Fire Department is a 1/2 ton extended cab 4 door, 4x4 pickup and replaces 1983 pickup. The 1983 pickup will be traded to another department or sold. The Hennepin County Purchasing Cooperative contract for these vehilces awarded to two different vendors as shown below. 4x4 pickup - compact extended cab The cost is as follows: Base bid $13,479.00 Options; 4x4 1,729.00 A/C 660.00 Shop manual 170.00 Total $16,038.00 Pickup 4x4 1/2 ton extended cab The cost is as follows: Base bid $18,658.00 Options; Upgrade to 4 door 725.00 Heavy duty service group 566.00 Engine upgrade_ - 360ci 506.00 Option package - AC PW PL larger wheels 1,938.00 On/off road tires 234.00 Back up alarm 75.00 Parts manual 85.00 Shop manual 138.00 Total $22,925.00 Alternatives 1. Buy units as per above. 2. Modify options. 3. Rebid units on our own. 4. Do not buy trucks this year. Recommendation Alternative number 1. Action Requested Move to authorize the purchase of a compact 4x4 pickup from Albany Ford in the amount of $16,038 under the Hennepin County Cooperative contract. Move to authorize the purchase of one extended cab - 4 door, 1/2 ton, 4x4 pickup from Falls Automotive in the amount of $22,925 under the Hennepin County Cooperative contract. v Gregg oxland Finance Director I:\finance\docs\99pu CITY OF SHAKOPEE Memorandum CONSENT TO: Mayor and City Council Mark McNeill, City Administrator FROM: Judith S. Cox, City Clerk SUBJECT: Tobacco Regulations DATE: January 13, 1999 INTRODUCTION: City Council is asked to consider setting a date to discuss amending the tobacco regulations. BACKGROUND: On June 2, 1998, the City Council conducted a public hearing on amending the City's tobacco regulations. After making changes to a draft ordinance, modeled after the Scott County ordinance, staff was directed to prepare a final ordinance for Council consideration. On June 16, 1998, City Council adopted Ordinance 519 setting forth the current tobacco regulations and repealing those adopted in 1995. During the discussions on amending the tobacco regulations, staff was contacted by an individual interested in coming into Shakopee and opening a tobacco store. That individual was questioning whether or not all tobacco products must be behind a counter when the whole store would be dealing with tobacco products. He was advised that the Scott County tobacco ordinance being discussed did in fact have an exception for establishments that only sell tobacco related products and who prohibit anyone under eighteen (18) from entering the establishment unless accompanied by a parent. It was anticipated that this language would be incorporated into the City's ordinance. For whatever reason, that language was not incorporated into the new City tobacco ordinance. Based on the understanding that the previously mentioned exception was in place, a second individual interested in opening up a tobacco store in Shakopee was advised that he did not have to have all of his tobacco related products behind a counter as long as anyone under eighteen (18) was prohibited from entering the establishment. There are now three tobacco establishments in Shakopee that restrict their patrons to persons over 18 and who sell self-service tobacco merchandise. All three establishments have a tobacco license. Tobacco Regulations January 13, 1999 Page -2- During a recent tobacco compliance check it was brought to staff's attention that these establishments are not in compliance with the City code which does not allow self-service merchandising of tobacco products. Both State law and Scott County do provide for an exception to the prohibition of self-service merchandising for establishments that sell only tobacco-related products and limit access to persons over eighteen (18) years of age unless accompanied by a parent. If City Council desires, it is recommended that the City Code be amended to be consistent with State and County regulations by adopting the exception. According to the City's current tobacco ordinance, all tobacco retailers must be mailed thirty days notice of a proposed amendment to the regulations. The earliest that a hearing could be held after the 30 day mailed notices would be March 2, 1999. ALTERNATIVES: 1. Do not consider amending the tobacco regulations. 2. Do consider amending the tobacco regulations. 3. Table for additional information. RECOMMENDATION: It is recommended that City Council hold a public hearing to consider amending the tobacco ordinance to allow the exception for tobacco stores to allow self-service merchandising when persons under eighteen (18) years of age are prohibited from entering the establishment unless accompanied by a parent. If the tobacco ordinance is not amended and the two new stores are required to come into compliance with the current regulations, they will incur a substantial cost. RECOMMENDED ACTION: If City Council concurs: Move to set a hearing for Tuesday, March 2, 1999, at 7:00 p.m. , or thereafter, to consider amending the tobacco regulations to exempt tobacco stores from the prohibition of self-service merchandising. -Jit,A Ju t S. C , ty Clerk h:/judy\tobacco.exc • S twvoV "J ntt( TD /0 4000 0 k 6 IN /JAY ee 8.0 PROHIBITED SALES. . 1. Prohibited Sales. No person shall sell, offer for sale, give away, furnish, or otherwise deliver any tobacco,tobacco product, or tobacco-related device: a. To any person under the age of eighteen(18)years. b. By means of any type of vending machine. c. By means of self-service merchandising or any means whereby the customer may have access to such items without having to request the item from the license holder,their agents or employees. All tobacco-related products shall be stored behind a counter. d. By any other means, or to any other person,prohibited by federal, state, or other local law, ordinance provision, or other regulation. 2. Exception. A license holder who operates an establishment that sells only tobacco-related products is exempt from the self-service merchandising provision if the license holder prohibits anyone under eighteen(18) years of age from entering the establishment, unless accompanied by a parent, and the license holder conspicuously displays a notice prohibiting. persons under eighteen(18) years of age from entering the establishment unless accompanied by a parent. 9.0 MOBILE SALES. No license shall be issued for the sale of tobacco-related products at a movable place of business, including but not limited to, motorized vehicles, mobile sales kiosks, or trailers. 10.0 VIOLATIONS AND PENALTIES. 1. Revocation or Suspension. Any violation of this Ordinance shall be grounds to revoke or suspend a license. 2. Criminal Penalty. As set forth in Minnesota Statutes Chapter 609: a. It shall be a gross misdemeanor for anyone to sell tobacco or tobacco-related products to a person under the age of eighteen(18)years. b. It shall be a misdemeanor to furnish tobacco-related products to a person under the age of eighteen(18) years. c. It shall be a petty misdemeanor for anyone under the age of eighteen(18) years to smoke, chew, sniff or otherwise use, tobacco or tobacco-related products. 5 JS, �. S, Palley Ugeer 1102 Shakopee Town Square♦Shakopee,MN 55379 Phone 445-5211 January 19, 1999 City of Shakopee 129 Holmes St. Shakopee, MN 55379 Dear Mayor and City Council, After some lengthy conversations with a council person and Judy Cox I've been informed of your intent to amend the local tobacco ordinance because of the"so called"tobacco stores. I respectfully request that you would include the local Off Sale liquor stores in the amendment because of their adult or 21 year old and older status. Thank you for your consideration in this matter. Sincerely, John Bernstein ;3juiditii ---, owner,Valley Liquor Inc. JAN 1 9 1999 CITY OF SHAKOPEE IS E. s:- valley moor 111 1102 Shakopee Town Square•Shakopee,MN 55379 Phone 445-5211 January 19, 1999 City of Shakopee 129 Holmes St. Shakopee, MN 55379 Dear Mayor and City Council, After some lengthy conversations with a council person and Judy Cox I've been informed of your intent to amend the local tobacco ordinance because of the"so called"tobacco stores. I respectfully request that you would include the local Off Sale liquor stores in the amendment because of their adult or 21 year old and older status. Thank you for your consideration in this matter. Sincerely, John Bernstein owner,Valley Liquor Inc. ,1*„';h JAN 191999 CITY OF SHAKOPEE )5• . . CITY OF SHAKOPEE CONSENT J Memorandum TO: Mayor and City Council Mark McNeill, City Administrator FROM: Judith S. Cox, City Clerk SUBJECT: Massage Center License - Balancing Touch DATE: January 14, 1999 INTRODUCTION: City Council is asked to consider the application from Susan Tonneson for a massage center license. BACKGROUND: Susan Tonneson has made application for a massage center license for a business that she is opening at 415 East 1st Avenue to be known as Balancing Touch. She currently is operating a massage center in Eden Prairie and she desires to open a second site in Shakopee. The City Code requires that an individual who is a non- resident of the City designate in writing a natural person who is a resident of the City to be manager and in responsible charge of the business and upon whom service of process may be made. Ms. Tonneson lives in Eden Prairie and is requesting that the City Council waive this requirement. She has operated the Eden Prairie site since this past summer and operated out of her home for about four years prior to that. She plans on operating the Center at the Shakopee site herself. Mr. Thomson, City Attorney, advised that the City Council does have an inherent right to waive this requirement if they so chose. The customary background investigation has been conducted by the Police Department and I have been advised that there is nothing in the investigation that would preclude the City Council from granting a license. A building official will be inspecting the premises to insure compliance with the Building Code and the City Code. The applicant is in the process of obtaining the required insurance coverage. No license will be delivered until the applicant is in complete compliance with the requirements of the City Code. Massage Center License January 14, 1999 Page -2- Licenses may be granted only for those premises located in the general commercial districts. The site does comply with this requirement. RECOMMENDED ACTION: If City Council concurs: 1] Approve the application and grant a massage center license to Susan Tonneson dba/Balancing Touch at 415 East 1st Avenue upon compliance with the requirements of the City Code. 2] Waive the requirement of Section 6.40, Subd. 6 of the City Code requiring a resident manager or agent so long as Ms. Tonneson is on site and is regularly operating the business. 0:41,171 ) , h\judy\tonneson Balancing Touch 415 First Avenue E. Shakopee,MN 55379 403-9632 To Whom It May Concern: I have been in the massage industry for five years. Originally I started my practice in my Eden Prairie home. After my daughter was born,I rented space in a tanning salon. Eventually,I was able to open my own small office in Eden Prairie. I,now,want to expand and open a small office in Shakopee. I have several customers from the Shakopee and Prior Lake area. I want to be the person in charge of the business. I would like you to waive provision section 6.40 subdivision 6 in the City Code. I live less than 10 minutes from our Shakopee business. I will be there regularly operating the business. Thank you for your time. Sincerely, /s/Sue Tonneson JAN-15-99 04:51 P. 81 ...Qcx\qct.c\.‘..4-""\-- 4_\., ._. . n.'(,o ts.s..k.._. k\k\ 5 5 .7-.`t __.••. .. LP. - . - `.f b . -.. • .. ..7.7‘..) .. Wry -- _ c;0.4 ,Io__L a,,.. _C) c:14;\ vs.0.\ /. . .... _..`.1. ct i V.D. _i�(L.y `._. i'cL C -1.0 •t . _ . civ. ti ..1.� \O CA r e,,t. es Cie \r\ U fig1►� ._O4?.-.)4\ ._. `5 4`i\41\\ aetC..E . • ._ • 1._-\- C`''(?. . Q-:)tLkI\ 'I) * x. 0.14 V U _. .. .__.._..\Ch.-.7 ,.C\S4,-) .3 a_ .. .)4-k.\ boa . .. .kpg'11-Qc- c-,., 5\ - 7D es--5k..LJv\ ,Lt C) -. .... . L-). \0...C�l_�,sk�\ _ ._. ... (4) .. , r-. _. \\..c Q. XL 0cls . .. _. ...,_4 : _ Ai\_Q_ _ \...`.,5 . a„�. \Q . . r\. .. y --- ._:C\c1u h_ \\Q.9 7 C. `I UJ r _.. +`,-.\e...- . Sk r\C. d .e. Li CITY OF SHAKOPEE I , E, 17, Memorandum TO: Mayor and City Council FROM: Mark McNeill, City Administrator SUBJECT: 30 Minute Parking Restrictions DATE: January 13, 1999 INTRODUCTION: The City Council is asked to consider changing from the current 15-minute,to 30-minute parking restrictions on the west side of Holmes Street from Fourth Avenue to Fifth Avenue, and the south side of Fourth Avenue immediately in front of the Scott County Government Center Building. BACKGROUND: Last July, Council honored a request by the County to place restricted parking signs on the south side of the 200 block of 4th Avenue to facilitate parking for customers of the Courthouse,who many times had to walk considerable distances. As shown in the attached letter from County Administrator Dave Unmacht, Scott County is requesting that the 15-minute parking zones adjacent to the government center be increased to 30-minute zones. If appears that 15 minutes is not long enough for customers to complete their business within the building. This request is consistent with discussions held by the joint City-County-School District parking committee. RECOMMENDATION: We recommend that the County's request be honored, and that the 15-minute parking zone restriction signs adjacent to the government center be increased to 30-minute zones. ACTION REQUIRED: If the Council concurs, it should,by motion, direct that the indicated signs be changed to increase the 15-minute parking restrictions to 30-minute parking restrictions, on the west side of Holmes Street from Fourth Avenue to Fifth Avenue, and the south side of Fourth Avenue immediately in front of the Scott County Government Center Building. VK ^ Mark McNeill City Administrator MM:tw JAN-12-99 TUE 14:50 ADMINISTRATION FAX NO. 6124968180 P. 01 SCOTT COUNTY alr OFFICE OF THE ADMINISTRATOR COURTHOUSE 110 428 HOLMES STREET SOUTH • SHAKOPEE, MN 55379-1382 (612)496-8100 DAVID J.UNMACHT Fax: (612)496-8180 COUNTY ADMINISTRATOR dunmacht(dico.scott.mn.us littp://www.co.scott.mmus January 12, 1999 The Honorable Jon Brekke Mayor City of Shakopee 129 South Holmes Street Shakopee, MN 55379 Mayor Brekke: In response to feedback from citizens, Scott County is requesting that the 15-minute parking zones adjacent to the government center be increased to 30-minute zones. The citizens are concerned that 15 minutes is not long enough for them to complete their business within the building. The County would ask the Council to consider our request to designate the west side of Holmes Street from Fourth Avenue to Fifth Avenue, and the South side of Fourth Avenue immediately in front of the Scott County Government Center Building (the area now designated as 15-minute parking)a 30-minute parking zone. This would be extremely helpful to those citizens who must access the building. We would greatly appreciate your consideration of this request. Si erely / pato I Q.Pogue I FOX Nolo ?� '4/C 4/C , '� vid J. tJnmacht To Fax �,. 6 jld ounty Administrato From n //J Phonatl cc: Scott County Board of Commissioners An Equal Opportunity/Safety Aware Employer AsE. E. MEMORANDUM CONSENT TO: Mayor and City Council Mark McNeill, City Administrator FROM: Judith S. Cox, City Clerk SUBJECT: Apportionment of Special Assessments for Orchard Park West P.U.D. 2nd Addition DATE: January 14, 1999 INTRODUCTION: City Council is asked to consider adopting the attached Resolution No. 5059, which apportions existing special assessments against newly created lots located within Orchard Park West P.U.D. 2nd Addition. BACKGROUND: Prior to the platting of Orchard Park West P.U.D. 2nd Addition, the original parcel had special assessments against it for the 1992-9 V.I.P. Interceptor Extension and for the 1995-8 Fuller Street improvements. It is appropriate that these special assessments be apportioned against the new lots in the 2nd Addition so that installments on the assessments show up on tax statements issued by the County Treasurer for each new parcel. Resolution No. 5059 apportions the existing special assessments against the newly created lots within the new plat of Orchard Park West P.U.D. 2nd Addition. In the Developer's Agreement for this subdivision, the developer agreed to the apportionment by the City Engineer. RECOMMENDED ACTION: Offer Resolution No. 5059, A Resolution Apportioning Assessments Among New Parcels Created as a Result of the Platting of Orchard Park West P.U.D. 2nd Addition, and move its adoption. City Clerk h\judy\appmemo RESOLUTION NO. 5059 A RESOLUTION APPORTIONING ASSESSMENTS AMONG NEW PARCELS CREATED AS A RESULT OF THE PLATTING OF ORCHARD PARK WEST P.U.D. 2nd ADDITION WHEREAS, on June 6, 1995, Resolution No. 4223 adopted by the City Council levied assessments against properties benefited by the V.I.P. Interceptor Extension from CR-79 to the west corporate limits, Project No. 1992-9; and WHEREAS, October 21, 1997, Resolution No. 4775 adopted by the City Council levied assessments against properties benefited by the Fuller Street improvements from 10th Avenue to Vierling Drive, Project No. 1995-8; and WHEREAS, on July 7, 1998, Resolution 4934 adopted by the City Council apportioned the the installments remaining unpaid against the parcels created because of the platting of Orchard Park P.U.D. 1st Addition; and WHEREAS, Outlot A, Orchard Park West P.U.D. 1st Addition has been subdivided into the plat of Orchard Park West P.U.D. 2nd Addition; and WHEREAS, it is the desire of the City Council to apportion the installments remaining unpaid against Outlot A, Orchard Park P.U.D. 1st Addition because of the platting of Orchard Park West P.U.D. 2nd Addition. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA that the 1998 payable remaining balance of assessments (to parcel 27-242066-0 for the 1992-9 V.I.P. Interceptor Extension in the amount of $14,234.33 and the 1995-8 Fuller Street Project in the amount of $14,755.63) are hereby apportioned as outlined in Exhibit "A" attached hereto and made a part hereof. BE IT FURTHER RESOLVED, that all other parts of Resolution Numbers 4223, 4775, 4934 and shall continue in effect. Adopted in session of the City Council of the City of Shakopee, Minnesota, held this 19th day of January, 1999. , Mayor , City Clerk h\judy\app-opw2 I Proj.92-9 Proj.95-8 C 0 4 5 ei'L T Exhibit A - Reapportionment Levied Amount Levied Amount s/a 27078D s/a 27098A Orchard Park West PUD 2nd Addition 1 Parent Parcel=27-242066-0 $ 14,234.33 $ 14,755.63 Area of Outlot A, 1st Add'n Approx.17.4 Acres #of Lots Area of Blocks 1 thru 4,0/L's B,C,D Approx. 10.1 Acres 39 58% $ 8,253.57 $ 8,556.60 Area of Outlot A,2nd Addition Approx.7.3 Acres 1 42% $ 5,980.76 $ 6,199.03 27-266001-0 Laurent Land Development, Inc. Lot 1,Blk 1 $ 211.63 $ 219.40 128 South Fuller Street Orchard Park West Shakopee,Minnesota 55379 PUD 2nd Addition 27-266002-0 Laurent Land Development,Inc. Lot 2,Blk 1 $ 211.63 $ 219.40 128 South Fuller Street Orchard Park West Shakopee,Minnesota 55379 PUD 2nd Addition 27-266003-0 Laurent Land Development, Inc. Lot 3,Blk 1 $ 211.63 $ 219.40 128 South Fuller Street Orchard Park West Shakopee,Minnesota 55379 PUD 2nd Addition 27-266004-0 Laurent Land Development,Inc. Lot 4,Blk 1 $ 211.63 $ 219.40 128 South Fuller Street Orchard Park West Shakopee,Minnesota 55379 PUD 2nd Addition 27-266005-0 Laurent Land Development, Inc. Lot 5,Blk 1 $ 211.63 $ 219.40 128 South Fuller Street Orchard Park West Shakopee,Minnesota 55379 PUD 2nd Addition 27-266006-0 Laurent Land Development,Inc. Lot 6,Blk 1 $ 211.63 $ 219.40 128 South Fuller Street Orchard Park West Shakopee,Minnesota 55379 PUD 2nd Addition 27-266007-0 Laurent Land Development,Inc. Lot 7,Blk 1 $ 211.63 $ 219.40 128 South Fuller Street Orchard Park West Shakopee,Minnesota 55379 PUD 2nd Addition 27-266008-0 Laurent Land Development,Inc. Lot 8,Blk 1 $ 211.63 $ 219.40 128 South Fuller Street Orchard Park West Shakopee,Minnesota 55379 PUD 2nd Addition 27-266009-0 Laurent Land Development, Inc. Lot 9,Blk 1 $ 211.63 $ 219.40 128 South Fuller Street Orchard Park West Shakopee,Minnesota 55379 PUD 2nd Addition 27-266010-0 Laurent Land Development,Inc. Lot 10,Blk 1 $ 211.63 $ 219.40 128 South Fuller Street Orchard Park West Shakopee,Minnesota 55379 PUD 2nd Addition 27-266011-0 Laurent Land Development, Inc. Lot 11,Blk 1 $ 211.63 $ 219.40 128 South Fuller Street Orchard Park West Shakopee,Minnesota 55379 PUD 2nd Addition 27-266012-0 Laurent Land Development, Inc. Lot 12,Blk 1 $ 211.63 $ 219.40 128 South Fuller Street Orchard Park West Shakopee,Minnesota 55379 PUD 2nd Addition 27-266013-0 Laurent Land Development,Inc. Lot 13,Blk 1 $ 211.63 $ 219.40 128 South Fuller Street Orchard Park West Shakopee,Minnesota 55379 PUD 2nd Addition 27-266014-0 Laurent Land Development, Inc. Lot 14,Blk 1 $ 211.63 $ 219.40 128 South Fuller Street Orchard Park West Shakopee,Minnesota 55379 PUD 2nd Addition Page 1 27-266015-0 Laurent Land Development,Inc. Lot 15,Blk 1 $ 211.63 $ 219.40 128 South Fuller Street Orchard Park West Shakopee,Minnesota 55379 PUD 2nd Addition 27-266016-0 Laurent Land Development, Inc. Lot 16,Blk 1 $ 211.63 $ 219.40 128 South Fuller Street Orchard Park West Shakopee,Minnesota 55379 PUD 2nd Addition 27-266017-0 Laurent Land Development,Inc. Lot 1,BIk 2 $ 211.63 $ 219.40 128 South Fuller Street Orchard Park West Shakopee,Minnesota 55379 PUD 2nd Addition 27-266018-0 Laurent Land Development,Inc. Lot 2,Blk 2 $ 211.63 $ 219.40 128 South Fuller Street Orchard Park West Shakopee,Minnesota 55379 PUD 2nd Addition 27-266019-0 Laurent Land Development,Inc. Lot 3,Blk 2 $ 211.63 $ 219.40 128 South Fuller Street Orchard Park West Shakopee,Minnesota 55379 PUD 2nd Addition 27-266020-0 Laurent Land Development,Inc. Lot 4,Blk 2 $ 211.63 $ 219.40 128 South Fuller Street Orchard Park West Shakopee,Minnesota 55379 PUD 2nd Addition 27-266021-0 Laurent Land Development,Inc. Lot 5,Blk 2 $ 211.63 $ 219.40 128 South Fuller Street Orchard Park West Shakopee,Minnesota 55379 PUD 2nd Addition 27-266022-0 Laurent Land Development,Inc. Lot 6,Blk 2 $ 211.63 $ 219.40 128 South Fuller Street Orchard Park West Shakopee,Minnesota 55379 PUD 2nd Addition 27-266023-0 Laurent Land Development, Inc. Lot 7,Blk 2 $ 211.63 $ 219.40 128 South Fuller Street Orchard Park West Shakopee,Minnesota 55379 PUD 2nd Addition 27-266024-0 Laurent Land Development, Inc. Lot 8,Blk 2 $ 211.63 $ 219.40 128 South Fuller Street Orchard Park West Shakopee,Minnesota 55379 PUD 2nd Addition 27-266025-0 Laurent Land Development,Inc. Lot 9,Blk 2 $ 211.63 $ 219.40 128 South Fuller Street Orchard Park West Shakopee,Minnesota 55379 PUD 2nd Addition 27-266026-0 Laurent Land Development,Inc. Lot 10,Blk 2 $ 211.63 $ 219.40 128 South Fuller Street Orchard Park West Shakopee,Minnesota 55379 PUD 2nd Addition 27-266027-0 Laurent Land Development,Inc. Lot 1,Blk 3 $ 211.63 $ 219.40 128 South Fuller Street Orchard Park West Shakopee,Minnesota 55379 PUD 2nd Addition 27-266028-0 Laurent Land Development, Inc. Lot 2,BIk 3 $ 211.63 $ 219.40 128 South Fuller Street Orchard Park West Shakopee,Minnesota 55379 PUD 2nd Addition 27-266029-0 Laurent Land Development,Inc. Lot 3,Blk 3 $ 211.63 $ 219.40 128 South Fuller Street Orchard Park West Shakopee,Minnesota 55379 PUD 2nd Addition 27-266030-0 Laurent Land Development,Inc. Lot 4,Blk 3 $ 211.63 $ 219.40 128 South Fuller Street Orchard Park West Shakopee,Minnesota 55379 PUD 2nd Addition 27-266031-0 Laurent Land Development, Inc. Lot 5,Blk 3 $ 211.63 $ 219.40 128 South Fuller Street Orchard Park West Shakopee,Minnesota 55379 PUD 2nd Addition 27-266032-0 Laurent Land Development,Inc. Lot 6,Blk 3 $ 211.63 $ 219.40 128 South Fuller Street Orchard Park West Shakopee,Minnesota 55379 PUD 2nd Addition Page 2 27-266033-0 Laurent Land Development,Inc. Lot 7,BIk 3 $ 211.63 $ 219.40 128 South Fuller Street Orchard Park West Shakopee,Minnesota 55379 PUD 2nd Addition 27-266034-0 Laurent Land Development,Inc. Lot 8,BIk 3 $ 211.63 $ 219.40 128 South Fuller Street Orchard Park West Shakopee,Minnesota 55379 PUD 2nd Addition 27-266035-0 Laurent Land Development,Inc. Lot 9,BIk 3 $ 211.63 $ 219.40 128 South Fuller Street Orchard Park West Shakopee,Minnesota 55379 PUD 2nd Addition 27-266036-0 Laurent Land Development,Inc. Lot 1,Blk 4 $ 211.63 $ 219.40 128 South Fuller Street Orchard Park West Shakopee,Minnesota 55379 PUD 2nd Addition 27-266037-0 Laurent Land Development,Inc. Lot 2,BIk 4 $ 211.63 $ 219.40 128 South Fuller Street Orchard Park West Shakopee,Minnesota 55379 PUD 2nd Addition 27-266038-0 Laurent Land Development, Inc. Lot 3,Blk 4 $ 211.63 $ 219.40 128 South Fuller Street Orchard Park West Shakopee,Minnesota 55379 PUD 2nd Addition 27-266039-0 Laurent Land Development,Inc. Lot 4,Blk 4 $ 211.63 $ 219.40 128 South Fuller Street Orchard Park West Shakopee,Minnesota 55379 PUD 2nd Addition 27-266040-0 Laurent Land Development, Inc. Outiot A $ 5,980.76 $ 6,199.03 128 South Fuller Street Orchard Park West Shakopee,Minnesota 55379 PUD 2nd Addition TOTAL $ 14,234.33 $ 14,755.63 Page 3 # 17 CITY OF SHAKOPEE Memorandum TO: Mayor and City Council FROM: Mark McNeill, City Administrator SUBJECT: Closed Session-Pending Litigation DATE: January 14, 1999 Following the regular portion of the City Council meeting, I will ask Council to go into a closed session for the purpose of discussing pending litigation. lAAQI4tifIALW4 Mark McNeill City Administrator MM:tw 1 Environmental Assessment Worksheet Department 56 Distribution Center SW 1/4 of Section 4, TI I5N, R22W Shakopee, Minnesota I i I January, 1999 1 Responsible Governmental Unit City of Shakopee 129 Holmes Street South Shakopee, MN 55379-1376 ' SHAKOPEE. Phone (612) 445-3650 corn+scnur�r FAX (612) 445-6718 I Project Proposer .0444 OPUSOpus Northwest, L.L.C. P.O. Box 59110 ° Minneapolis, MN 55459-0110 Phone (612) 656-4611 FAX (612) 656-4529 Consultant to Project Proposer Westwood Professional Services, Inc. ' ® 7599 Anagram Drive Eden Prairie, Minnesota 55344 Phone (612) 937-5150 FAX (612) 937-5822 I ' I I ENVIRONMENTAL ASSESSMENT WORKSHEET I Department 56 Distribution Center I I Proposer RGU Opus Northwest, L.L.C. City of Shakopee Mr. Craig Patterson Mr. R. Michael Leek I P.O. Box 59110 129 Holmes Street South Minneapolis, MN 55459-0110 Shakopee, MN 55379-1376 Phone (612) 656-4611 Phone (612) 445-3650 FAX(612) 656-4529 FAX(612) 445-6718 I Consultant to Project Proposer Westwood Professional Services, Inc. I 7599 Anagram Drive Eden Prairie, MN 55344 (612) 937-5150 IFAX(612) 937-5822 CONTENTS I Page Department 56 Distribution Center EAW 1 Exhibits and Appendices I LIST OF EXHIBITS Exhibit IUSGS Topography and Site Location 1 Concept Plan 2 IAerial Photography 3 Adjacent Land Use and National Wetlands Inventory Mapping 4 IExisting Conditions 5 Average Daily Traffic on Surrounding Roadways 6 I LIST OF APPENDICES Appendix IDNR Natural Heritage Database Search A State Historic Preservation Office Correspondence B I I January 14, 1999 I I O Environmental Assessment Worksheet (EAW) Department 56 Distribution Center NOTE TO PREPARERS ' This worksheet is to be completed by the Responsible Governmental Unit(RGU)or its agents. The project proposer must supply any reasonably accessible data necessary for the worksheet,but is not to complete the final worksheet itself. If a complete answer does not fit in the space allotted,attach additional sheets as necessary. For assistance with this worksheet contact the Minnesota Environmental Quality Board(EQB)at(612)296-8253 or (toll-free) 1-800-652-9747(ask operator for the EQB environmental review program)or consult"EAW Guidelines,"a booklet available from the EQB. NOTE TO REVIEWERS Comments must be submitted to the RGU(see item 3)during the 30-day comment period following notice of the EAW in the EQB Monitor. (Contact the RGU or the EQB to learn when the comment period ends). Comments should address the accuracy and completeness of the information,potential impacts that may warrant further investigation,and the need for an EIS. If the EAW has been prepared for the scoping of an EIS(see item 4), ' comments should address the accuracy and completeness of the information and suggest issues for investigation in the EIS. Comments on this EAW must be received by the City of Shakopee by 4:30 p.m. on February 24, 1999. 1. Project Title Department 56 Distribution Center 2. Proposer Opus Northwest, L.L.C. 3. RGU City of Shakopee Contact person Mr. Craig Patterson Contact person Mr. R. Michael Leek Address P.O. Box 59110 and title Community Development Director Minneapolis.MN 55459-0110 Address 129 Holmes Street South ' Phone (612)656-4611 Fax (612)656-4529 Shakopee. MN 55379-1376 Phone (612)445-3650 Fax (612)445-6718 4. Reason for EAW Preparation ❑ EIS Scoping El Mandatory EAW ❑ Citizen Petition 0 RGU Discretion 0 Proposer Volunteered If EAW or EIS is mandatory give EQB rule category numbers(s) 4410.4300 Subp. 14.A.(2)1.A(2) 5. Project Location Southwest Quarter of Section 4,T115N. R22W(South of 4th Ave..West of Canterbury Road (CSAH 83)) County Scott County City/Twp Shakopee. Minnesota Attach copies of each of the following to the EAW: a. a county map showing the general location of the project; b. copy(ies)of USGS 7.5 minute, 1:24,000 scale map(photocopy is OK)indicating the project boundaries; c. a site plan showing all significant project and natural features. 6. Description Give a complete description of the proposed project and ancillary facilities(attach additional ' sheets as necessary). Emphasize construction and operation methods and features that will cause physical manipulation of the environment or produce wastes. Indicate the timing and duration of construction activities. Opus Northwest, L.L.C. is proposing construction of a Department 56 Distribution Center in Shakopee, ' Minnesota on an 75-acre(3,267,000-square-foot)site that currently includes a farmstead with a two-story home and several out buildings, a grass airplane runway and taxi area,several rye grass fields, pine plantations,and some small deciduous woodlots. There are no wetlands on the site. The site is located ' Page 1 Department 56 Distribution Center EAW January 14, 1999 ' west of Canterbury Road (CSAH 83),east of an access road to Canterbury Park, north of Canterbury Park, and south of 4,h Avenue(Exhibit 1). Department 56 distributes ornaments and collectibles to customers nationwide.The Distribution Center is proposed to consolidate a number of smaller existing warehouses into one facility. The Concept Plan (Exhibit 2)shows that the proposed building area totals 333,700 square feet(SF), including 6,900 SF of office and 326,800 SF of warehouse. The Concept Plan also includes a 150,000 square-foot possible future building expansion area. The project would be supported by 125 passenger vehicle parking stalls,40 semi-truck parking stalls, and 36 semi-truck loading docks. The possible future building expansion would be accompanied by 25 additional parking stalls,yielding a total parking stall count of 226. Stormwater pond development for the site will be designed to accommodate potential future development of open areas of the site east of Department 56; however,the project proposer has no plans, proposals, or timeline for development of this area. Once completed,the Department 56 Distribution Center will employ 125 people who will work a 7:00 AM to 4:00 PM shift at this location, and a skeleton crew of about 10 employees will occupy the building during the night. The possible future building expansion would be accompanied by 25 additional employees, yielding a total employee count of 160. ' Much of the 75-acre site has been previously cultivated or otherwise disturbed (Exhibit 3). There are no wetlands on the site (Exhibit 4). The site is currently used primarily for rye grass cultivation. The remainder of the site includes large areas of mowed grass that provides an airplane taxiing area and runway. The building site consists of a two-story stucco house that was occupied by the recent residents since the mid-1950s. Additional buildings on the site include a barn with a damaged cement silo, a two-car garage with some shed space, a small brick outbuilding, an airplane hangar, and a small storage shed which has been used to dry pine lumber. rIt is anticipated that project construction will begin in March 1999 and be completed in October of the same year. Approximately 40 acres of the 75-acre site will be mass graded to construct parking areas, building pads, and stormwater ponding. Erosion control practices will be implemented and some of the existing Scotch pines will be preserved along the south property boundary and in the area of the existing buildings. Project construction will increase the impervious surface from about 0.3 to 16 acres and add approximately 7 acres of stormwater ponding where none currently exists, resulting in the loss of 36.5 acres of rye grass field, 12 acres of pine plantation, 7.3 acres of upland meadow, and 1.9 acres of deciduous woodland. There are no wetlands or hydric soils on the site. An EAW was previously completed for this property in April, 1998 to address the proposed construction of a SuperValu Distribution Center. The proposed SuperValu project included development of a total of 600,040 square feet of building area, 375 passenger vehicle parking stalls, 138 semi-truck stalls, and 112 semi-truck loading bays. The notice for the SuperValu Distribution Center was published in the EQB Monitor on May 4, 1998, initiating the 30-day public comment period. The comment period ended on ' June 3, 1998. The City of Shakopee City Council prepared the Response to Comments, Findings of Fact, and Record of Decision document for the proposed SuperValu Distribution Center and adopted a "Negative Declaration" on July 7, 1998. Provide a 50 or fewer word abstract for use in EQB Monitor notice: The proposed Department 56 Distribution Center will include up to 476,800 square feet of warehouse and 6,900 square feet of office space supported by 190 parking stalls and 36 loading docks located on 75 acres. The project design includes 7 acres of stormwater ponding and 3 acres of pine plantation preservation. 7. Project Magnitude Data Total Project Area(acres) 75 or Length(miles) N/A Number of Residential Units Unattached N/A Attached N/A I Page 2 IDepartment 56 Distribution Center EAW January 14, 1999 Commercial/Industrial/Institutional Building Area(gross floor space) Total 476,800' square feet; Indicate area of specific uses: I Office Retail 6.900 SF Manufacturing N/A N/A Other Industrial N/A Warehouse 476.800 SF' Institutional N/A I Light Industrial N/A Agricultural N/A Other Commercial(specify) N/A Building Height(s) approximately 36 feet I ' The 476,800 square feet of warehouse space includes 150,000 square feet of potential future warehouse expansion area. 8. Permits and Approvals Required List all known local, state, and federal permits,approvals,and funding Irequired: Unit of Government Type of Application Status I City of Shakopee Rezoning Application submitted City of Shakopee Minor Comprehensive Plan Amendment Application submitted City of Shakopee EAW Negative Declaration To be applied for City of Shakopee Preliminary and Plat Approval To be applied for I City of Shakopee City of Shakopee Final Plat Approval To be applied for Site Plan Approval To be applied for City of Shakopee Grading Permit To be applied for I City of Shakopee Building Permit To be applied for City of Shakopee Municipal Water Connection Permit To be applied for City of Shakopee Sanitary Sewer Connection Permit To be applied for Metropolitan Council Sanitary Sewer Connection Permit To be applied for I Lower Minnesota River Watershed District Grading and Stormwater Management To be applied for Minnesota Pollution Control Agency NPDES/General Stormwater Permit To be applied for Minnesota Pollution Control Agency Sanitary Sewer Extension Approval To be applied for I Minnesota Department of Health Water Main Extension Approval To be applied for Minnesota Department of Health Well Abandonment Approval To be applied for 9. Land Use Describe current and recent past land use and development on the site and on adjacent lands. I Discuss the compatibility of the project with adjacent and nearby land uses;indicate whether any potential conflicts involve environmental matters. Identify any potential environmental hazard due to past land uses, such as soil contamination or abandoned storage tanks. IHistorical Land Use Much of the site has been in row crops or other associated agricultural use for several decades (Exhibit I 3). Land use prior to the mid-1950s included corn cropping on the slopes located in the southwestern portion of the property. During this period,gully erosion developed on the slopes that were planted to corn. After ownership was transferred in approximately 1953,the new owner employed heavy machinery to fill and compact the previously eroded areas. After the gullies were filled,the owner I planted these areas to trees(Exhibit 5), resulting in control of the previous erosion problems. Elevations on the site range from 735 feet in the south-central portion of the property to 765 feet along the south-central border and in the southwestern portion of the site. IAdjoining Land Use Compatibility Land surrounding the project area is in predominantly industrial use(Exhibit 4). Land situated I southwest of the site is occupied by Canterbury Park. Office and warehouse developments, a small construction company,and an outboard motor distributor are located to the southeast. The east side of the property is bordered by Canterbury Road(CSAH 83). On the east side of Canterbury Road there is a glass bottle manufacturing industry,other light industries,a Kmart Distribution Center,and a City of I I Page 3 ' Department 56 Distribution Center EAW January 14, 1999 Shakopee water tower. To the north of the property there is a cardboard box manufacturer, and to the northwest there is the Certain Teed Corporation. The majority of the site is guided for industrial use and zoned Light Industrial (I-1) by the City of Shakopee. The proposed project is compatible with this zoning ' and all adjacent land uses. The remaining portion of the property(10 acre)is zoned for Major Recreation and an application has been filed with the City to change this zoning to Light Industrial. No land use conflicts are anticipated. Potential Environmental Contamination A Phase I Environmental Site Assessment(ESA)was previously completed by Delta Environmental Consultants for the property during EAW preparation for a potential SuperValu Distribution Center (August, 1997). The current project proposer has contracted to have another Phase I ESA completed for ' the property. The Phase I ESA completed in 1997 evaluated the potential for and/or presence of recognized environmental conditions that could be associated with contamination and current or past property use. The ESA included an EDR-Radius Map report with GeoCheck completed for the property by Environmental Data Resources, Inc. (EDR)to identify potential sources of contamination within the standard search radius from the site. The EDR database search accessed records for more than 35 different types of environmentally relevant sites. A subset of the types of sites investigated in the assessment is listed in the following table. ' Database Database Name Acronym NPL National Priority List RCRIS-TSD Resource Conservation and Recovery Information System SHWS/PLP Superfund Permanent List of Priorities CERCLIS Comprehensive Environmental Response, Compensation, and Liability Information System ' LUST UST Leak Sites Underground Storage Tank Database AST Aboveground Storage Tanks RCRIS-SQG Resource Conservation and Recovery Information System-Small Quantity Generators ' RCRIS-LQG Resource Conservation and Recovery Information System-Large Quantity Generators MN LS Inventory of Open Dumps MN VIC Voluntary Investigation and Cleanup Program ' Highlights of the ESA are listed in the following table. Delta concluded that,other than the items listed in the following table,further environmental assessment of the subject property was not warranted as of August 1997 when the Phase I ESA was completed. The project proposer will follow the recommendations noted in the following table to properly: (1)abandon the domestic well and septic system, (2) remove and dispose of storage tanks,and (3) handle non-friable asbestos-containing materials. ' Condition Observed Comments/Recommendations A pole-mounted transformer is located northwest No labels were observed documenting the absence of of the house. PCBs. The transformer is owned and maintained by IA septic system and drain field are located Shakopee Public Utilities.The septic system, septic tanks, and drain field should northwest of the house, and an unsealed be abandoned in accordance with municipal and domestic well is located along the east side of the county regulations. The well will need to be ' house. abandoned and sealed in accordance with Minnesota Department of Health codes. A 1000-gallon liquid petroleum above-ground ASTs should be removed from the property and storage tank(AST) located along the west side of disposed of properly. ' the house fuels the furnace. Prior to 1983,the furnace was fueled by a 260-gallon fuel oil tank located in the basement of the house. A 500-gallon AST containing gasoline was No leaks or stains were observed in this vicinity. The observed just inside the airplane hangar. hangar and the AST will be removed from the site prior to sale of the property. ASTs should be removed from the property and disposed of properly. Page 4 I Department 56 Distribution Center EAW January 14, 1999 Condition Observed Comments/Recommendations Several cans of paints,varnishes, household No evidence of leaks or spills was observed in cleaning products, engine oil,sealant,etc.were connection with the stored products. I stored on shelves in the basement of the house. Some asbestos-containing materials were No attempt was made to access,through destructive identified in the house, including pipe insulation, means, inaccessible areas,components,or materials. under-sink coating, and back porch floor tile. The friable pipe insulation and pipe fitting insulation I should be abated prior to demolition or renovation of the subject building. The non-friable asbestos- containing materials should be handled in accordance I with state and federal regulations. Several facilities listed in databases, such as The subject property was not identified in any of the those included in the table above,were identified databases searched. Sites that were listed in the within one mile of the site. databases were generally located across-gradient or I down-gradient from the subject site with respect to groundwater flow. Delta indicated that it appeared unlikely that the subject property has been impacted by the listed sites. I10. Cover Types Estimate the acreage of the site with each of the following cover types before and after development(before and after totals should be equal): IEstimated Pre-and Post-development Land Cover Land Cover Before After (acres) (acres) I Lawn/Landscaping 12.3 47.11 Rye Grass Fields 36.5 0.0 Wetland 0.0 0.0 I Road Right-of-Way 1.9 1.9 Upland Meadow 7.3 0.0 Pine Plantation 14.8 2.7 Deciduous Woodland 1.9 0.0 I Buildings/Parking/Impervious Surface 0.3 16.2 Stormwater Ponding 0.0 7.1 TOTAL 75.0 75.0 Il Assumes highest impact scenario in which all undeveloped area except pine plantation is converted to lawn and landscaping. ISee Exhibit 5 for distribution of land cover types. 11. Fish,Wildlife, and Ecologically Sensitive Resources I a. Describe fish and wildlife resources on or near the site and discuss how they would be affected by the project. Describe any measures to be taken to minimize or avoid adverse impacts. I Wildlife habitat in the project area is directly related to vegetative cover. Because approximately 65 percent of the site has been either used for production of rye grass or mowed as grass airplane runway, perennial wildlife habitat has been limited to the portion of the site that exists in pine plantation (14.8 acres), upland meadow(7.3 acres),and deciduous woodland (1.9 acres)(see Exhibit I 5). The pine plantation is approximately 40 years old and dominated by Scotch and Austrian pine. Upland meadow areas are dominated by smooth brome,quack grass,and broad-leaf plants such as hoary alyssum and hoary vervain. The small deciduous woodlots include willows,elms,silver maple, honey locust, lilac,and common buckthorn. IDevelopment of the site will convert approximately 36.5 acres of rye grass field, 12 acres of pine plantation,7.3 acres of upland meadow,and 1.9 acres of deciduous woodland to buildings, parking I Page 5 Department 56 Distribution Center EAW January 14, 1999 ' areas, lawn, landscaping,and stormwater ponding (see Exhibit 2). Approximately 2.7 acres of pine plantation will be preserved along the south property boundary. The area provides potential habitat for small mammals and those songbirds that are disturbance tolerant, but is less likely to be used significantly by larger mammals such as white-tailed deer, which occupy larger home ranges and require more contiguous habitat. The site is not likely to experience immigration from the Minnesota Valley Wildlife Refuge or other habitat resources in the area due to the isolating effect of established industries and busy roadways located between the site and the Minnesota River valley. Some local decline in wildlife abundance is expected to result from the project, but the project is not expected to result in a regionally significant decline in wildlife abundance or species diversity. The project site does not include any habitat types that are unique or rare in this area. Preservation of some of the pine plantation is expected to nominally mitigate adverse effects on some wildlife, but populations of species that depend more on grassland and cropland,such as ring-necked pheasants,will be expected to decline. Migratory birds are expected to respond to the development by locating alternative nesting sites upon their return from wintering habitats. Non-migratory species with small home ranges such as small mammals will experience more adverse effects. These species,which include meadow voles and shrews,will either compete with other individuals of the same species to claim territories in neighboring habitats or die during ' project construction. b. Are there any state-listed endangered,threatened,or special-concern species;rare plant communities; colonial waterbird nesting colonies;native prairie or other rare habitat;or other sensitive ecological resources on or near the site? ❑ Yes El No If yes,describe the resource and how it would be affected by the project. Indicate if a site survey of the resources was conducted. Describe measures to be taken to minimize or avoid adverse impacts. ' No evidence of any threatened,endangered,or rare plant or wildlife species was observed on the site during a field review on July 9, 1997. The site does not include any rare plant communities, and most of the site has been in agricultural use for decades. The Minnesota DNR Natural Heritage ' Program conducted a database search for this site in 1997(in support of the SuperValu EAW)to determine if any records exist for the occurrence of rare or endangered plants, animals, or communities on or within one mile of the site. The results of the search completed by the DNR in ' 1997 are contained in Appendix A. The 1997 search indicated that no known occurrences of rare species or natural features exist within approximately one mile of the proposed project. 12. Physical Impacts on Water Resources Will the project involve the physical or hydrologic alteration (dredging,filling, stream diversion,outfall structure,diking,impoundment)of any surface water(lake,pond, wetland stream,drainage ditch)'? ❑ Yes El No If yes,identify the water resource to be affected and describe: the alteration,including the construction process;volumes of dredged or fill material;area affected; length of ' stream diversion;water surface area affected;timing and extent of fluctuations in water surface elevations; spoils disposal sites;and proposed mitigation measures to minimize impacts. The 75-acre site does not contain any wetlands. The project site does not include any wetlands shown ' on National Wetlands Inventory mapping (Exhibit 4)or any hydric soils according to the Soil Survey of Scott County(USDA, 1959)and the list of Hydric Soils of Minnesota(SCS, 1990; see Item 16). The absence of wetlands was confirmed during a field review on July 9, 1997. 1 13. Water Use a. Will the project involve the installation or abandonment of any wells? El Yes ❑No ' For abandoned wells give the location and Unique well number. For new wells,or other previously unpermitted wells,give the location and purpose of the well and the Unique well number(if known). The proposed project will be served by the City of Shakopee municipal water system and will not ' involve installation of any wells. Review of the County Well Index for Scott County did not identify any registered wells located within the property. The water supply for the farmstead on the property was originally a two-inch diameter well located along the east side of the house. Reportedly,the 1 Page 6 Department 56 Distribution Center EAW January 14, 1999 ' well was 40 feet deep,and it went dry in 1960 when industrial wells were installed north and northeast of the site. Since that time,the farmstead has been connected to the municipal water supply system, but the existing well has never been abandoned or sealed. This one unregistered ' domestic well that formerly served the farmstead will be abandoned and sealed in accordance with Minnesota Department of Health regulations during site development. b. Will the project require an appropriation of ground or surface water(including dewatering)? ❑Yes 0 No ' If yes, indicate the source, quantity,duration,purpose of the appropriation,and DNR water appropriation permit number of any existing appropriation. Discuss the impact of the appropriation on ground water levels. ' Based on the estimated depth to the water table indicated in the Preliminary Geotechnical Investigation prepared by GME consultants at the time of the SuperValu EAW in 1997,the most shallow groundwater on the site was present at a depth of 18 feet in a location where the surface elevation was 740.5 feet. Based on these data and the proposal for construction of slab-on-grade warehouse and office facilities, it appears that it will not be necessary to conduct any construction dewatering to extend utilities or make other construction activities feasible. ' c. Will the project require connection to a public water supply? 0 Yes ❑No If yes,identify the supply,the DNR water application permit number of the supply,and the quantity to be used. The project will be connected to the City of Shakopee public water supply which has DNR Water Appropriation Permit Number 80-6205 and utilizes groundwater aquifers as its water source. It is expected that the quantity of water used will be proportional to the sanitary wastewater produced. ' Assuming consumption is approximately 110 percent of the wastewater generation rate(see Item 19a),the estimated water demand is 21,694 gallons per day on a maximum potential average daily basis. 14. Water-related Land Use Management Districts Does any part of the project site involve a shoreland zoning district, a delineated 100-year flood plain, or a state or federally designated wild or scenic river land use district? 0 Yes 0 No If yes,identify the district and discuss the compatibility of the project with the land use restrictions of the district. The project is located approximately 2,400 feet from the Minnesota River and over 2,000 feet from the Minnesota River floodplain wetlands. No DNR protected waters are located within 1,000 feet of the site. 15. Water Surface Use Will the project change the number or type of watercraft on any water body? 0 Yes 0 No If yes, indicate the current and projected watercraft usage and discuss any potential overcrowding or conflicts with other users or fish and wildlife resources. 16. Soils Approximate/estimated depth(in feet)to: Water Table: Depth 18 feet Bedrock: 10-32 feet Describe the soils on the site,giving SCS classifications,if known. (SCS interpretations and soil boring logs ' need not be attached.) The Soil Survey of Scott County,Minnesota(USDA, 1959)shows that the following soils occur within the property. Symbol Soil Classification Hydric' Prime ' Farmland2 HdA Hubbard fine sand,0 to 2 percent slopes No No HdC2 Hubbard fine sand, 6 to 12 percent slopes, moderately wind eroded No No ' Based on the list of Hydric Soils of Minnesota(1990). 2 Based on the list of Prime Farmlands of Minnesota. 1 Page 7 Department 56 Distribution Center EAW January 14, 1999 Both of these soils on the site are part of the Hubbard Soil Series. According to the Soil Survey of Scott County(USDA, 1959), Hubbard soils are moderately dark colored sandy soils susceptible to wind erosion where vegetative protection is absent. The native vegetation for these soils is grasses. The topography for this soil series ranges from nearly level to undulating. The soils are structureless to weak very fine granular, loose, and may be slightly to moderately acidic. 17. Erosion and Sedimentation Give the acreage to be graded or excavated and the cubic yards of soil to be moved: acres: It is anticipated that about 40 acres of the 75-acre site will need to be graded. cubic yards: On-site grading: 120,000 cubic yards Note: The anticipated cubic yards of grading is a preliminary estimate that is subject to change. This estimate is based on the assumption that only 40 acres will be graded and 3,000 cubic yards of soil will be moved per acre graded. Describe any steep slopes or highly erodible soils and identify them on the site map. Describe the erosion and sedimentation measures to be used during and after construction of the project. According to the Soil Survey of Scott County,soils on steep (12 percent or greater)slopes are subject to severe erosion. Based on the analysis of site topography, slopes of approximately 12 percent occupy between 4.6 and 6.9 acres within the site, or about 8 percent of the site's acreage. These steep slopes occur in an east-west band approximately 2,000 feet long and 100 to 150 feet wide generally located in the area between the 750 and 760 contours shown on the USGS topographic map (Exhibit 1). This area is currently vegetated by pine plantation. Approximately 3.3 acres of steep slope will be graded in conjunction with development of the proposed project. Because the project will involve disturbance of more than five acres of land,application for coverage under the NPDES General Permit for Construction Activities will be submitted to the Minnesota Pollution Control Agency prior to initiating earthwork on the site. This permit requires that best management practices (BMPs) be used to control erosion and that all erosion controls be inspected after each rainfall exceeding 0.1 inch of precipitation. Potential erosion control practices to be used on the site will I include: 1. Construction of a temporary sediment basin in the location proposed for stormwater ponding, and development of this basin for permanent use following construction. 2. Silt fence installed at the construction limits prior to the initiation of earth work and maintained until all exposed soil is stabilized. 3. Installation of a rock construction entrance. ' 4. Periodic cleaning of adjacent city streets. 5. Energy dissipation, such as riprap, installed at storm sewer outfalls. 6. Use of cover crops,sod, and landscaping to stabilize exposed surface soils after final grading. All erosion control plans will be reviewed by the Lower Minnesota River Watershed District. Because the above BMPs will be implemented,the potential adverse effects from construction-related sediment and erosion on water quality will be minimized to the extent practical. It is anticipated that potential adverse erosion and sedimentation impacts will be limited primarily to short-term effects. I18. Water Quality-Surface Water Runoff a. Compare the quantity and quality of site runoff before and after the project. Describe methods to be used to manage and/or treat runoff. No increase in the rate of runoff from the site is anticipated as a result of this project. The total quantity of site runoff will increase due to a proposed increase of approximately 16 acres of I 1 Page 8 rDepartment 56 Distribution Center EAW January 14, 1999 ' impervious surface resulting from building and parking lot development. However,this increase will be mitigated by the on-site ponding that will be constructed to provide rate control and limit the discharge rate of runoff from the site to or below existing levels. Because of the ponding proposed, no increase in the rate of site runoff discharging to regional ponding is anticipated as a result of this project. No substantial decrease in the quality of site runoff is anticipated as a result of this project due to the ponding that will be constructed to provide water quality treatment. Existing site runoff likely contains pesticides, herbicides, and fertilizer residues due to the presence of agricultural fields and landscaped lawn areas. Post-development runoff is expected to be typical of light industrial development. Runoff after development will likely have a decreased amount of pesticide, herbicide, and fertilizer residues along with an increased amount of phosphates and other typical components of urban runoff from impervious surfaces. The proposed on-site detention basin will provide treatment of runoff before it flows into a regional stormwater ponding basin to be constructed west of the site. Best management practices will be employed during construction to help reduce erosion and sediment loading of stormwater runoff(see Item 17). A slight but negligible increase in the concentration of phosphorus in post-development runoff will likely be offset by a decrease in agricultural chemical use on the site after development. Project development will increase impervious surface from about 0.3 to 16 acres, but will also create 7.1 acres of stormwater ponding. Stormwater ponding will be designed to accommodate potential future development that would occur on the site east of the Department 56 Distribution Center. However,the project proposer has no plans, proposals, or timeline for such future development. Stormwater runoff from all impervious surfaces will be routed into this detention basin,which will be located in the western portion of the site, before discharging to the City of Shakopee storm sewer ' system. This basin will be designed consistent with NURP (Nationwide Urban Runoff Program) guidelines and will conform to storm drainage design criteria developed by the City of Shakopee. City of Shakopee storm drainage design criteria include pond sizing and design to accommodate both a 5-year initial storm event and a 100-year major storm event. Stormwater will be discharged from the on-site detention basin to a regional ponding basin proposed for construction about one quarter mile west of the project by the City of Shakopee. According to the Storm water Feasibility Study for Northern Shakopee(OSM Associates, 1994), alternative designs show that the regional ' ponding basin will have a volume of 32.2 to 40.6 acre-feet and a peak discharge rate of 10.6 to 31.9 cfs (cubic feet per second). b. Identify the route(s)and receiving water bodies for runoff from the site. Estimate the impact of the runoff on the quality of the receiving waters. (If the runoff may affect a lake consult"EAW Guidelines"about whether a nutrient budget analysis is needed.) After the site is developed,stormwater will be routed to an on-site detention basin that meets NURP guidelines prior to discharge to a proposed regional stormwater pond to be located about a quarter mile west of the site. From this regional pond,water will flow north and pass through one or two additional ponds before discharging to the Minnesota River. The proposed route for stormwater ' runoff will provide rate control and water quality treatment. Only negligible post-development downstream water quality effects are anticipated. 19. Water Quality-Wastewaters a. Describe sources, quantities,and composition(except for normal domestic sewage) of all sanitary and industrial wastewaters produced or treated at the site. Sanitary wastewater production has been estimated based on the methods outlined in the Service Availability Charge(SAC)Procedures Manual(Metropolitan Council Environmental Services, 1996). One SAC unit equals 274 gallons of maximum potential daily wastewater flow volume. The volume of wastewater production was estimated by assigning one SAC unit per 2,400 SF (square feet)of office and per 7,000 SF of warehouse. Based on these methods, Metropolitan Council guidelines indicate that this type of development would be expected to generate a maximum of 788 gallons of wastewater per day from the office space,and the warehouse space would be expected to generate Page 9 IDepartment 56 Distribution Center EAW January 14, 1999 I a maximum of 13,062 gallons of wastewater per day with the current proposed dimensions or 18,934 gallons of wastewater if the additional 150,000 square feet of warehouse is constructed. Based on these figures,the estimated maximum potential wastewater production for the entire proposed ' development, including possible expansion, is 19,722 gallons per day, as shown in the following table. Proposed Use SAC Rate Square Feet SAC Units Wastewater ' (gallons/day) General Office 1/2400SF 6,900 2.875 788 Warehouse 1/7000SF 333,700 47.671 13,062 I Warehouse 1/7000SF 150,000 21.429 5,872 (possible expansion) Total 19,722 ' The types of wastewater produced will be typical of shipping and distribution warehouse industries. The proposed project will not entail any food processing or wet industrial processes. b. Describe any waste treatment methods to be used and give estimates of composition after treatment,or if I the project involves on-site sewage systems,discuss the suitability of the site conditions for such systems. Identify receiving waters(including ground water)and estimate the impact of the discharge on the quality of the receiving waters. (If the discharge may affect a lake consult"EAW Guidelines"about whether a I nutrient budget analysis is needed.) No onsite waste treatment is proposed. All wastewater will be discharged to the City of Shakopee sanitary sewer system. Ic. If wastes will be discharged into a sewer system or pretreatment system,identify the system and discuss the ability of the system to accept the volume and composition of the wastes. Identify any improvements II which will be necessary. Wastewater will be routed to the trunk sanitary sewer line via connecting sanitary sewer pipes sized and constructed to appropriate specifications. The eastern portion of the subject site lies within the I Industrial Sanitary Sewer District and the western portion lies within the VIP District of the City of Shakopee. The City of Shakopee 1989 Comprehensive Sewer Plan estimates future average sanitary sewer flow rates at 2,000 gallons per day per acre(gpd/ac)for industrial uses within both I sewer districts. The estimated 19,722 gallons per day for this 75-acre site is well below the 150,000 gallons per day that would be predicted based on the Comprehensive Plan's 2,000 gpd/ac flow rate. Wastewater will eventually flow to the Blue Lake Treatment Facility operated by the Metropolitan I Council. The treatment facility has a design capacity of 32 million gallons per day and currently receives about 23 million gallons per day. The estimated 19,722 gallons per day maximum potential daily wastewater flow volume is well within the 11 million gallons per day of excess flow capacity of the Blue Lake Treatment Facility. I20. Ground Water-Potential for Contamination I a. Approximate depth(in feet)to ground water: See Item 16. b. Describe any of the following site hazards to ground water and also identify them on the site map: sinkholes; shallow limestone formations/karst conditions;soils with high infiltration rates;abandoned or I unused wells. Describe measures to avoid or minimize environmental problems due to any of these hazards. According to the Geologic Atlas of Scott County(Minnesota Geological Survey, 1982),"the ability of I surface contaminants to enter the bedrock formations that can serve as sources of water supply depends mainly on the permeability and thickness of the overlying unconsolidated material and the depth to the water table." The Atlas classifies the bedrock aquifers in the project area as highly I IPage 10 IDepartment 56 Distribution Center EAW January 14, 1999 I susceptible to contamination. This classification is due to the sandy surface soils and the proximity of the bedrock to the surface. This bedrock belongs to the Prairie du Chien group,which consists of sandy dolomite with thin beds of quartzose sandstone and some soft shale. ' The development of approximately 16 acres of impervious surface on the site and the routing of stormwater to detention basins is expected to limit the potential for contaminated surface water infiltration and minimize the potential for groundwater contamination. As stated in the Geologic I Atlas,the"Minnesota Department of Health Water-Well Code prohibits the use of a limestone or dolomite formation as a source of ground-water supply if it occurs within fifty feet of the land surface within a 1-mile radius around the well site." Because the geologic data for the site shows that the Prairie du Chien dolomite is known to occur within 50 feet of the land surface,the pumping I level for any wells must be below the top of this unit within the project site. According to the Atlas, "wells must be drilled deeper to tap a lower aquifer" under these geologic conditions. This safeguard,and the observation that most established wells within one mile of the project site record ' the inclusion of cement grout in their design, limit the potential for project development to adversely effect domestic or municipal wells. According to the Phase I ESA prepared by Delta Environmental Consultants in 1997 for the I SuperValu proposal,the sources of public water for the City of Shakopee are seven municipal wells. Five of these wells are in the Jordan Sandstone aquifer and the remaining two wells are in the Franconia Formation aquifer. None of the public water supply wells for the City of Shakopee are located in the immediate vicinity of the proposed Department 56 Distribution Center site. Ic. Identify any toxic or hazardous materials to be used or present on the project site and identify measures to be used to prevent them from contaminating ground water. I No known hazardous materials are currently located on the site. No toxic or hazardous materials other than vehicle fuels and normal cleaners are expected to be used on the project site. I 21. Solid Wastes; Hazardous Wastes; Storage Tanks a. Describe the types, amounts, and compositions of solid or hazardous wastes to be generated,including animal manures, sludges and ashes. Identify the method and location of disposal. For projects generating I municipal solid waste indicate if there will be a source separation plan; list type(s)and how the project will be modified to allow recycling. I It is not anticipated that the proposed distribution center will generate significant amounts of wastes that would be considered "hazardous". Types of solid wastes to be generated by the facility and the relative percentage of each type(by weight)are estimated in the following table. I Waste Type Percentage Other Organics 22 Paper 50 ' Wood/Yard Wastes <1 Plastics 14 Glass 7 Metals 4 I Hazardous Wastes i <1 Other Wastes 2 Source:City of Los Angeles Source I Reduction and Recycling Element,Vol.2 Solid Waste Generation Study,1994. Other organics include such items as food wastes,textiles/clothes,and rubber products. I Hazardous wastes,which are not expected to be generated on the site,include items such as used oil, batteries, paint,adhesives,cleaners,gas,and antifreeze. I I Page 11 Department 56 Distribution Center EAW January 14, 1999 ' Estimated yearly disposal of solid wastes from the proposed distribution center is 261 to 310 tons. This estimate is based on a disposal rate of 10.6 pounds per employee per day(King County, Washington,Waste Monitoring Program: Large Generator Study Final Report, 1994), 135 to 160 employees,and full operation of the facility seven days per week. Please note that this calculation represents a maximum because it is highly unlikely that all of the people employed at this facility with be working every day all week. The actual number of employees working each day and the corresponding waste generation rate will likely be significantly lower. ' The City of Shakopee has no recycling program or applicable recycling ordinance in place for businesses. The distribution facility will be responsible for its own source separation plan,and recycling will be coordinated through a chosen solid waste contractor. Non-recycled waste will be hauled to either the Scott County incinerator or a sanitary landfill. b. Indicate the number,location, size,and use of any above or below ground tanks to be used for storage of petroleum products or other materials(except water) It is not anticipated that development of the Department 56 Distribution Center will involve installation of any above-ground or under-ground storage tanks. According to the Phase I ESA 1 prepared by Delta Environmental Consultants in 1997,the project site currently includes two above- ground storage tanks. As indicated under Item 9 of this EAW and recommended in the ESA,the above-ground storage tanks will be removed from the property and disposed of properly. 22. Traffic Parking spaces added: 226, including: • 125 passenger vehicle parking stalls, • 25 potential future passenger vehicle parking stalls, • 40 semi trailer parking stalls, and • 36 truck loading bays ' Existing spaces(if project involves expansion): None Estimated total Average Daily Traffic(ADT)generated: 625 trips/day The 625 trips per day value was calculated using the"warehouse"trip rate contained in the reference guide Trip Generation, Institute of Transportation Engineers,6th Edition,1997. This warehouse rate (3.89 trips/employee/day)applied to the expected count of 160 employees,yields the 625 ADT projection. If the 150,000 square feet of potential future expansion is not constructed,the project will include only 135 employees and yield an ADT of 525. The current knowledge of proposed operations at the new warehouse indicates that the actual ADT ' may be substantially lower than the 625 value predicted with the"general"ITE trip rates. However, for purposes of this EAW,the conservatively high value of 625 ADT is reported to ensure that any potential traffic impacts of this project are fully addressed. ' Estimated maximum peak hour traffic generated(if known)and its timing: 40; 3:00-4:00 p.m. The estimate of 40 peak hour trips generated refers to the peak hour of the adjacent roadway system, which is 3:00-4:00 pm. Most of these trips will be generated by late afternoon truck traffic from the site. The peak hour of the site is expected to occur between 4:00 and 5:00 p.m.immediately after the one daily shift ends. During this hour,the site is expected to generate approximately 130 to 155 trips, depending on whether expansion occurs. These are mainly employee automobile trips leaving the site. I I Page 12 IDepartment 56 Distribution Center EAW January 14, 1999 1 For each affected road indicate the ADT and the directional distribution of traffic with and without the project. Provide an estimate of the impact on traffic congestion on the affected roads and describe any traffic I improvements which will be necessary. The table below summarizes the trip distribution to the roadway network and the average daily traffic 1 volumes expected to result from the project. Trip Generation and Distribution for the Department 56 Distribution Center Trip Current Without Expansion With Expansion I Route Distribution ADT ADT Added Post-Project ADT Added Post-Project by Project ADT by Project ADT TH 169 to the east 50% 25,000 265 25,265 315 25,315 TH 101 to the east 40% 19,000 210 19,210 250 19,250 TH 169 to the west 10% 16,500 50 16,550 60 16,560 All of the roadways listed in the preceding table have available capacity to accommodate the site- I generated increase in traffic on a daily and peak-hour basis. In addition to the ultimate distribution roadways noted above, it should be noted that CSAH 83 (Canterbury Road) between the site(4th Avenue) and TH 169 will carry approximately 60 percent of the site traffic toward TH 169. This will cause the daily traffic volumes on CSAH 83 to increase from 13,100 to 13,415(without expansion) or 13,475 I (with expansion). CSAH 83 is a four-lane undivided roadway and it can accommodate this increase. The"Tee" intersection of CSAH 83 and 4th Avenue is situated at the northeast corner of the site(see Exhibits 5 and 6). Presently,this intersection is controlled by a stop sign for eastbound 4th Avenue I traffic. CSAH 83 is a four-lane, undivided roadway with a 50 mph speed limit and 4th Avenue is a two- lane, undivided roadway with a 50 mph speed limit. The intersection was studied by Scott County in August, 1997,to determine if a traffic signal was warranted. At that time the County determined that the I intersection traffic volumes were far under the thresholds required to warrant signalization. With the traffic added by this development,the intersection volumes will still remain far under the signal warrant thresholds and traffic will be adequately accommodated by the existing stop sign control. Currently,the eastbound approach of 4th Avenue to CSAH 83 has one lane of approach and a wide right shoulder I which can be used by some vehicles to turn right while a left turn vehicle is waiting in the single approach lane. Although not required to ensure safe operations at this intersection,a minor widening of the approach lane to provide a more developed right turn lane would increase the efficiency of traffic movements at this location. As project planning proceeds this issue will be further explored with Scott II County, under whose jurisdiction this intersection falls. Average Daily Traffic(ADTs)for Shakopee Roadways I Source Shakopee Road Segment ADT 4th Ave. Viking Steel Rd.to Shenandoah Dr. 5,411 Shakopee 4th Ave. Shenandoah Dr.to CSAH 83 7,558 Scott County CSAH 16 West of CSAH 83 2,550 I Scott County CSAH 16 East of CSAH 83 1,900 Scott County CSAH 83 TH 101 to 4'h Ave. 5,700 Scott County CSAH 83 12'h Ave.to TH 169 13,100 I Scott County CSAH 83 TH 169 to CSAH 16 13,900 Mn/DOT CSAH 16 West of CSAH 83 3,500 Mn/DOT CSAH 16 East of CSAH 83 2,700 Mn/DOT CSAH 83 TH 101 to CSAH 16 15,700 Mn/DOT TH 101 East of CSAH 83 19,000 Mn/DOT TH 101 West of CSAH 83 20,500 Mn/DOT TH 169 East of CSAH 83 25,000 IMn/DOT TH 169 West of CSAH 83 16,500 I IPage 13 Department 56 Distribution Center EAW January 14, 1999 ' Notes 1. Scott County conducts counts on non-state aid streets for warrant studies only. ' 2. Count data from Scott County originated from 1997. 3. Count data from the City of Shakopee originated from 1997. 4. Mn/DOT's estimated ADT for TH 101 east of CSAH 83 was adjusted to estimate the traffic after ' opening of New TH 169. 5. The actual ADT on TH 101 west of CSAH 83 may be lower than Mn/DOT's estimate due to the opening of new TH 169. 6. Mn/DOT estimated ADTs for TH 169 in December, 1996,about 2 to 3 weeks after new TH 169 opened. 7. Mn/DOT's estimated ADTs for CSAH 83 and CSAH 16 originated from counts taken during early 1996, prior to the opening of new TH 169. 8. No directional counts were available from these agencies. e 23. Vehicle-related air emissions Provide an estimate of the effect of the project's traffic generation on air quality,including carbon monoxide levels. Discuss the effect of traffic improvements or other mitigation measures on air quality impacts. (If the project involves 500 or more parking spaces, consult "EAW 1 Guidelines"about whether a detailed air quality analysis is needed.) The increased traffic will generate a corresponding increase in carbon monoxide levels and other vehicles-related air emissions. Based on the Traffic Study included under Item 22 and the nearby road ' network that includes a County State Aid Highway(CSAH 83)and two State Trunk Highways(TH 101,TH 169),this project will not have a significant negative impact on regional traffic operations. Therefore, the project would be expected to have a negligible impact on air quality. No baseline air quality monitoring or predictive air quality modeling studies have been scheduled at this time,and no measures to mitigate air quality impacts have been considered. Because the project will entail fewer than 1,000 parking stalls, an ISP (Indirect Source Permit) is not e necessary. This being the case,the project is expected to comply with state and federal air quality standards. Minnesota Rules indicate that air quality studies are necessary only when an ISP is required. An ISP application is necessary for any project involving more than 2,000 parking stalls or any project involving more than 1,000 parking stalls and located within one-quarter mile of a roadway with an ADT (Average Daily Traffic count)of at least 8,334. This project includes only 226 parking stalls and therefore no air quality studies have been considered. 24. Stationary source air emissions Will the project involve any stationary sources of air emissions(such as boilers or exhaust stacks)? ❑Yes El No If yes,describe the sources, quantities,and composition of the emissions;the proposed air pollution control devices;the quantities and composition of the emissions after treatment; and the effects on air quality. No stationary source air emissions are anticipated as a result of this project. 25. Will the project generate dust,odors,or noise during construction and/or operation? El Yes ❑ No If yes,describe the sources, characteristics, duration,and quantities or intensity,and any proposed measures to mitigate adverse impacts. Also identify the location of sensitive receptors in the vicinity and estimate the impacts on these receptors. It is anticipated that noise levels will increase locally during construction of the distribution center and parking areas. The actual noise levels on and adjacent to the site will vary considerably depending on the number of pieces of equipment being operated simultaneously,the percent of time in operation,and ' the distance from the equipment to the receptors. It is anticipated that most construction activities will be confined to the hours between 7:00 am and 7:00 pm and that a number machines could be operating simultaneously. Noise generation estimates for various types of equipment that may be used on the site are given in the following table. I I Page 14 1 Department 56 Distribution Center EAW January 14, 1999 Typical Construction Equipment Noise Levels Machine Type Manufacturer Model Noise Level Noise Level Noise Level I (dBA)at 200' (dBA)at 400' (dBA) at 800' Crane ' American 7260 70 64 58 Crane' American 5299 58 52 46 Backhoe' Link Belt 4000 80 74 68 I Backhoe' John Deere 609A 73 67 61 Front Loader' Caterpillar 980 72 66 60 Front Loader' Caterpillar 966 69 63 57 I Scraper' Caterpillar 660 80 74 68 Scraper' Caterpillar 641B 73 67 61 Truck 2 Unspecified Unknown 79 73 67 Jack Hammer 2 Unspecified Unknown 76 70 64 I 1 Data originated from a Federal Highway Administration study published in 1973. 2 Data originated from the Traffic Noise and Vibration Manual,Illinois Department of Transportation,1977. I The project is expected to result in a negligible increase in noise associated with site-generated traffic after construction. Project-related trip generation during the peak hour of adjacent roadways (3:00 to 4:00 pm) is estimated at 40 and the existing traffic count on 4"'Avenue during this hour is 358. Thus, project-related traffic will increase the traffic count on the adjacent roadway by about 11 percent. The I addition of two identical noise sources generally results in a three decibel (dBA) increase in the noise level,which corresponds to the minimum increase perceptible to the human ear. Because site- generated traffic will less than double the peak-hour traffic counts on adjoining roadways,traffic-related noise levels are expected to increase by less than three dBA and the project is expected to result in an Iimperceptible increase in traffic noise. The most potentially sensitive noise receptor in the vicinity of the site is a farmstead located north of 44' Avenue in the midst of other industrial developments. No noise mitigation measures have been I developed for consideration at this time. However,the following factors will help minimize any objectionable effects of the noise generated in association with construction activity: 1. the daily duration of construction activity will usually be limited to 7:00 am to 7:00 pm, I2. construction activity will be relatively short-term, and is not expected to exceed one year in duration. I The construction process is also expected to generate some dust. It is not anticipated that fugitive dust will be generated in objectionable quantities. Consideration will be given to suppression of airborne dust by application of water if significant fugitive dust generation occurs during site grading. It is not anticipated that construction or operation of the distribution center will generate significant odors. I26. Are any of the following resources on or in proximity to the site: Ia. archeological,historical,or architectural resources? 0 Yes El No Although a Cultural Resources Investigation has not been conducted for the property,there is believed to be low potential the site could contain significant undisturbed cultural material. Much of I the site has been previously farmed and has undergone a variety of disturbances associated with agricultural practices. A cultural review of this property was requested from the State Historic Preservation Office(SHPO) in advance of the EAW publication for the SuperValu proposal in 1997. The SuperValu proposal was assigned SHPO Number 97-3393, and SHPO concluded that the project is unlikely to affect any historic properties. Correspondence received from SHPO in 1997 is included in Appendix B. SHPO Idid not request a cultural resources investigation. b. prime or unique farmlands? 0 Yes Q No I IPage 15 tDepartment 56 Distribution Center EAW January 14, 1999 c. designated parks,recreation areas,or trails? 0 Yes ❑ No d. scenic views and vistas? 0 Yes El No e. other unique resources? 0 Yes El No ' If any items are answered Yes,describe the resource and identify any impacts on the resource due to the project. Describe any measures to be taken to minimize or avoid adverse impacts. 27. Will the project create adverse visual impacts? (Examples include:glare from intense lights; lights visible in wilderness areas; and large visible plumes from cooling towers or exhaust stacks.) 0 Yes 0 No If yes,explain. No adverse visual impacts are expected. 28. Compatibility with plans Is the project subject to an adopted local comprehensive land use plan or any other ' applicable land use,water, or resource management plan of a local,regional, state,or federal agency? EI Yes 0 No If yes,identify the applicable plan(s),discuss the compatibility of the project with the provisions of the plan(s), and explain how any conflicts between the project and the plan(s)will be resolved. If no,explain. The project falls under the Comprehensive Land Use Plan adopted by the City of Shakopee in 1995. Approximately 65 acres of the 75 acre site fall within the 1990 MUSA(Metropolitan Urban Service Area) expansion area of the City of Shakopee. The remaining 10 acres do not appear to be within the MUSA, ' but these 10-acres are flanked on all sides by the MUSA expansions dated 1990 (the project site)and 1986(Canterbury Park). Approximately 65 acres of the 75 acre site is guided for Industrial use and zoned Light Industrial (I-1). The proposed distribution center complies with the permitted uses for this portion of the property as defined by the Zoning Ordinance. The light industrial designation allows for warehousing and wholesaling that is conducted entirely within an enclosed building. It is anticipated that the Department ' 56 Distribution Center building will be approximately 36 feet high. A Conditional Use Permit would be required if the building would be more than 45 feet high. The proposed use is compatible with the Comprehensive Guide Plan and the current I-1 zoning designation for this portion of the site. ' The remaining 10 acres have a Major Recreation land use designation, and the proposed industrial use is not compatible with this district's permitted uses. The purpose of Major Recreation zoning is to: (1) create a high quality environment for large amusement and recreation attractions with a regional draw, (2) create a high degree of land use compatibility and street efficiency, and (3) protect existing and ' natural landscape features. The Major Recreation Zoning requires the planning of entire land ownerships as a unit rather than permitting scattered development. An application has been submitted to the City of Shakopee by SuperValu to rezone the 10 acres currently zoned for Major Recreation to Light Industrial. The City of Shakopee Planning Commission recommended rezoning approval on January 7, 1999,and the rezoning was scheduled for consideration by the Shakopee City Council on January 19, 1999. The necessary zoning amendment has initiated the process for a simultaneous Comprehensive Guide Plan Amendment. Because the subject area encompasses only 10 acres,the Comprehensive Plan Amendment is considered a"minor" amendment does not require Metropolitan Council review. Land use designations of areas surrounding the project site include Major Recreation, Light Industrial and Heavy Industrial,as shown on the City of Shakopee Land Use Map. No conflicts are anticipated with adjoining land uses. D 29. Impact on Infrastructure and Public Services Will new or expanded utilities,roads, other infrastructure,or public services be required to serve the project? El Yes 0 No If yes,describe the new or additional infrastructure/services needed. (Any infrastructure that is a "connected action"with respect to the project must be assessed in this EAW;;see "EAW Guidelines"for details.) The City of Shakopee will develop recommendations concerning any necessary improvements after the City has reviewed the project. The project proposer will work with the City of Shakopee to resolve any Page 16 1 tDepartment 56 Distribution Center EAW January 14, 1999 issues that may arise in conjunction with any necessary public improvements. It is anticipated that the only off-site infrastructure improvement that may be necessary could entail a right turn lane on eastbound 4th Avenue at CSAH 83. I. 30. Related Developments; Cumulative Impacts a. Are future stages of this development planned or likely'? El Yes ❑No If yes,briefly describe future stages,their timing,and plans for environmental review. The Concept Plan (Exhibit 2)shows that the 75-acre site will include approximately 47 acres of lawn and landscaping,and Opus Northwest, L.L.C. intends to reserve opportunities to accommodate future development in this area in response to market conditions. However, Opus currently has no plans, proposals,or timeline for potential future development, and it is not currently possible to assess environmental impacts that may be associated with potential future development. It is anticipated that any future development applications will not be filed until at least three years after construction of this project has begun. Assuming this becomes the case,future development applications will fall under a separate environmental review, as set forth under Minnesota Rules Part 4410.4300 Subpart 1. b. Is this project a subsequent stage of an earlier project? ❑Yes ll No If yes,briefly describe the past development,its timing,and any past environmental review. c. Is other development anticipated on adjacent lands or outlots? 0 Yes El No If yes,briefly describe the development and its relationship to the present project. 1 d. If a,b,or c were marked Yes,discuss any cumulative environmental impacts resulting from this project and the other development. ' 31. Other Potential Environmental Impacts If the project may cause any adverse environmental impacts which were not addressed by items 1 to 28, identify and discuss them here,along with any proposed mitigation. No other adverse environmental impacts are anticipated. 32. SUMMARY OF ISSUES (This section need not be completed if the EAW is being done for EIS scoping; instead, address relevant issues in the draft Scoping Decision document which must accompany the EA W.) List any impacts and issues identified above that may require further investigation before the project is commenced. Discuss any alternatives or mitigative measures that have been or may be considered for these impacts and issues, including those that have been or may be ordered as permit conditions. Item 6. Description. The Department 56 Distribution Center would be constructed on a 75-acre site located in the City of Shakopee. The site includes a farmstead with a two-story home and several out buildings, a grass airplane runway and taxi area,several rye grass fields,a pine plantation,some small 483,700 square feet(SF), including 6,900 SF of office,326,800 SF of warehouse,and 150,000 SF of possible future warehouse expansion. The project includes up to 150 passenger vehicle parking stalls, 40 semi-truck stalls, and 36 semi-truck loading bays. Plans also include 7.1 acres of stormwater ponding,47 acres of lawn and landscaping, and 2.7 acres of pine plantation preservation. ' Item 9. Land Use. A Phase I Environmental Site Assessments (ESA)was completed in 1997 for the property by Delta Environmental Consultants to evaluate the potential for and/or presence of recognized environmental conditions that could be associated with contamination and current or past property use. ' Facilities observed by Delta include an unused domestic well,the septic system that served the house,a 500-gallon above ground storage tank, and some asbestos-containing building materials. As recommended in the Phase I ESA,the project proposer will properly: (1)abandon the domestic well and septic system, (2) remove and dispose of storage tanks,and (3) handle non-friable asbestos-containing ' materials. The project proposer has contracted to have another ESA completed for the property to identify any changes which may have occurred since August, 1997. ' Page 17 Department 56 Distribution Center EAW January 14, 1999 Item 11. Fish, Wildlife, and Ecologically Sensitive Resources. Development of the site will convert approximately 36.5 acres of rye grass field, 12 acres of pine plantation,7.3 acres of upland meadow, and 1.9 acres of deciduous woodland to buildings, parking areas, landscaping, and stormwater ponding. Approximately 2.7 acres of pine plantation will be preserved along the south property boundary. The site does not contain any wetlands. A site visit conducted by Westwood Professional Services, Inc. on July 9, 1997 did not identify any evidence of threatened, endangered or rare plant or wildlife species or communities occurring on the site. A database search by the Minnesota DNR Natural Heritage Program in 1997 did not identify any occurrences of rare or endangered plants, animals, or communities within one mile of the site. Item 17. Erosion and Sedimentation. Slopes greater than 12 percent are generally considered subject to ' erosion. Based on the analysis of site topography, slopes of approximately 12 percent occupy between 4.6 and 6.9 acres within the site. These slopes occur in an east-west generally located in the southern third of the site. This area is currently vegetated by pine plantation. Approximately 3.3 acres of steep slope will be graded in conjunction with development of the property. The project proposer will employ appropriate erosion control practices during and after project construction, including development of a sediment basin during construction,stormwater ponding following construction,silt fencing at the construction limits,street cleaning, riprap at storm sewer outfalls, and cover crops and sod to stabilize exposed soils. Because these BMPs will be implemented,the potential adverse effects from construction-related sediment and erosion on water quality will be minimized to the extent practical. It is anticipated that potential adverse erosion and sedimentation impacts will be limited primarily to short- term effects. ' Item 18. Water Quality-Surface Water Runoff. No increase in the peak rate or substantial decrease in the quality of site runoff is anticipated as a result of this project. The proposed pond will be designed consistent with City,Watershed, and NURP (Nationwide Urban Runoff Program) guidelines, and to limit post-development runoff rates to or below current levels. Because the stormwater ponding proposed will meet all requirements for nutrient and sediment removal as well as rate control, only negligible post- development downstream water quality effects are anticipated. v Item 19. Water Quality- Wastewaters. The estimated maximum potential wastewater production for the entire proposed development is 19,722 gallons per day. The types of wastewater produced will be typical of shipping and distribution warehouse industries. The proposed project will not entail any food processing or wet industrial processes. No onsite waste treatment is proposed. All wastewater will be discharged to the City of Shakopee sanitary sewer system. The eastern portion of the subject site lies within the Industrial Sanitary Sewer District and the western portion lies within the VIP District of the City of Shakopee. The City of Shakopee 1989 Comprehensive Sewer Plan estimates future average ' sanitary sewer flow rates at 2,000 gallons per day per acre (gpd/ac)for industrial uses within both sewer districts. The estimated 19,722 gallons per day for this 75-acre site is well below the 150,000 gallons per day that would be predicted based on the Comprehensive Plan's 2,000 gpd/ac flow rate. Wastewater will eventually flow to the Blue Lake Treatment Facility operated by the Metropolitan Council. The estimated ' 19,722 gallons per day maximum potential daily wastewater flow volume is well within the 11 million gallons per day of excess flow capacity of the Blue Lake Treatment Facility. Item 20. Ground Water-Potential for Contamination. According to the Geologic Atlas of Scott County (Minnesota Geological Survey, 1982),the bedrock aquifers in the project area are highly susceptible to contamination. This classification is due to the sandy surface soils and the proximity of the bedrock to the surface. This bedrock belongs to the Prairie du Chien group,which consists of sandy dolomite with ' thin beds of quartzose sandstone and some soft shale. The potential for groundwater contamination will be limited by: (1) removal of existing above-ground storage tanks, (2)the lack of installation of new storage tanks, and (3) development of approximately 16 acres of impervious surface on the site and the routing of stormwater to a detention basin,which is expected to limit the potential for contaminated surface water infiltration. Item 22. Traffic. The traffic generated by the project will be distributed to the surrounding roadway network, resulting in some increase in the daily traffic on TH 169,TH 101 and CSAH 83. All of these roadways have available capacity to accommodate the site-generated increase in traffic on a daily and peak-hour basis. The "Tee" intersection of CSAH 83 and 4th Avenue is situated at the northeast corner of the site and is currently controlled by a stop sign for eastbound 4th Avenue traffic. CSAH 83 is a four- , ' Page 18 Department 56 Distribution Center EAW January 14, 1999 lane, undivided roadway with a 50 mph speed limit and 4th Avenue is a two-lane, undivided roadway with a 50 mph speed limit. The intersection was studied by Scott County in August, 1997,to determine if a traffic signal was warranted. At that time the County determined that the intersection traffic volumes were far under the thresholds required to warrant signalization. With the traffic added by this development,the intersection volumes will still remain far under the signal warrant thresholds and traffic will be adequately accommodated by the existing stop sign control. Currently,the eastbound approach of 4th Avenue to CSAH 83 has one lane of approach and a wide right shoulder which can be used by some vehicles to turn right while a left turn vehicle is waiting in the single approach lane. Although not required to ensure safe operations at this intersection,a minor widening of the approach lane to provide a more developed right turn lane would increase the efficiency of traffic movements at this location. As project planning proceeds this issue will be further explored with Scott County, under whose jurisdiction this intersection falls. Item 28. Compatibility with Plans. The project falls under the Comprehensive Land Use Plan adopted by the City of Shakopee in 1995. Approximately 65 acres of the 75 acre site fall within the 1990 MUSA (Metropolitan Urban Service Area)expansion area of the City of Shakopee. The remaining 10 acres do not appear to be within the MUSA, but these 10-acres are flanked on all sides by the MUSA expansions dated 1990(the project site)and 1986(Canterbury Park). Approximately 65 acres of the 75 acre site is guided for Industrial use and zoned Light Industrial (I-1). The proposed distribution center complies with the permitted uses for this portion of the property as defined by the Zoning Ordinance. The light industrial designation allows for warehousing and wholesaling that is conducted entirely within an enclosed building. It is anticipated that the Department 56 Distribution Center building will be approximately 36 feet high. The proposed use is compatible with the Comprehensive Guide Plan and the current I-1 zoning designation for this portion of the site. ' The remaining 10 acres have a Major Recreation land use designation, and the proposed industrial use is not compatible with this district's permitted uses. An application has been submitted to rezone this area from Major Recreation to Light Industrial. The Shakopee City Planning Commission recommended approval of the rezoning on January 7, 1999, and the rezoning is scheduled for review by Shakopee City Council on January 19, 1999. The necessary zoning amendment has initiated a simultaneous Comprehensive Guide Plan Amendment. Because the subject area encompasses only 10 acres,the Comprehensive Plan Amendment is considered a"minor" amendment and does not require ' Metropolitan Council review. CERTIFICATIONS BY THE RGU (all 3 certifications must be signed for EQB acceptance of the EAW for publication of notice in the EQB Monitor) I hereby certify that the information contained in this document is accurate and complete to the best of my knowledge. Signature I hereby certify that the project described in this EAW is the complete project and there are no other projects, project stages,or project components,other than those described in this document,which are related to the project as"connected actions"or"phased actions,"as defined,respectively,at Minn.Rules,pts.4410.0200,subp. 9b and subp. 60. Signature I hereby certify that copies of the completed EAW are being sent to all points on the official EQB EAW distribution list. Signature f Title of signer R. Michael Leek.Community Development Director Date Page 19 \L\ 04 ` .,,, „ _ - 700—_-L-7-..._ _ _ -- _- \ /' .0 .,Cf ‘I, _..-... 11 • ,7........___ _ r •-�L=— -�-�� ... -----r;74, , 1 ••- _____. rte' �� \ • .\ �- _ ( �_ ; \ :` �.3/4 k$Water Tan s ., ,• N'�1.�" • �1� • . :$' tip' �•.�_ '�� 4 rf r✓tip. 11 o; ‘..V.:4•:•::;. T� :. • `. ' ''''''"......_-_-- 74/ y �tiv ,...."'•--,-=,-- -<' • _ -r.._� \ NY ✓ r I `� AL I it ::::.§....,747.1'•SeAt CO 4 �-'� c �\ SITE r v / 111111 ;111 / l �—_ •- 7—T_ Imo' ♦ l. � � 1 \ / \ I� \ •"f r-) yyti i I / 7 1 r7-01--,::\ iztiPM-7 \` ;,�r1 ` /t!I `` I Nllll ��+ r .."__1Jars. 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Wee nPrr> brNll Services,Ina OPUS Eden Prairie.MN 55.341 O 0 612 937-5150 EXHIBIT 1 r I I ISemi-Truck Parking I Semi-Truck Loading Docks 4th Avenue / A J 1 ` . :_ I cn - aa ■ E3 - isl f2EHOUS�E-I ' ible Future Warehouse Expansion r 1 I Z (y) co -01 co O ce I Auto Parking >' c O Canterbury U I Park I - i 999 400 0 400 800 Feet January w++ Environmental Assessment Worksheet I Department 56 Distribution Center Shakopee,Minnesota I Concept Plan IWestv9ood 4094%1 W as99Mrood P Dress onal Se ces,Inc. �� Anagram Drive vi Edon Pron ,MN 55344 !� OPUSO v 756,2 937-5156 EXHIBIT 2 11 •Yc.. r----.7:- , ailli i k* . , .....: iii , ,,......2-...4. _, -.v ..„--_, l _ • ,_„., / .. . _ ..., 1 ...4 , • :. • _...., , ..A.,... ...„ • • . -- • j t. . •--Vs 4 .- - -. ' •,„,•11--'-• . -11`•': - ., — 1 .... ..: ... . . . . . • ,.. ... • , ,. .. . _., ..c. , 1 ....c . . Ilx, . ..N. 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I ., 400 0 400 800 FeetJanuary 15.1999 .iviiiii• J909%am annmy or0 al, II++ 1.1..111111_ IMINIIIMMIIMIMIM I Environmental Assessment Worksheet I Department 56 Distribution Center Shakopee, Minnesota I Aerial Photography IWestwood nni les-, . V v75791weed..Profeosrisiveonal Services,Inc 0 % Eden . 612 937-5150 III10' Illir /6"° EXHIBIT 3 ,• 010,.....,"4' y f +Y 4444.4 i♦ I4,� .700:447,4041.41P s� s.n•r••••� fv♦ r .. „I„ . r s♦# ••••,4 _ *i•♦♦+•♦1♦♦♦♦•1♦♦•♦ii♦vs > 9 i•• ♦ii ♦ii •♦ii♦• J • i♦•G•i••i •••• > �;••ii•i ►•♦%•♦ilii♦•i••i•i ♦. ♦iii♦•• ill • ••••••♦••i•••••♦♦''.1•i'•♦�. .•tit•' • # • of • • ••♦ �ii••i♦!•t 1• ♦. sets ` • •• ♦ ♦• ,1••4••••i•••l• •+�••, ••i •!••*••�i�e : ) • •••••-•�• .• i ♦♦ sioi♦ ► i##+•s♦♦•♦A♦ •• •••••••••••••••* 4!4ti ••"•.'..••• • - •••i•• t •• 4, !.♦• ' • .#1•+•.i t iio o' ,.. •••. : V • o♦•sa4esz r, . 7* 4 • • 111 - Carloard bot - - c i_ d O - i''i' i in fir' NM bolds ,` _ i •0 4- i •i••" Aenue :`�'•.« ; ` "' ^� s •. 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A•♦•♦er rweMilll OWN mi.*•r0•1444441.4neisl 1500 0 1500 3000 Feet '""""'�° 41440,) M/yr MNYY Mb1'IMN 11M1.1.1 liNNIIIIIIMIIIIII I Environmental Assessment Worksheet nal Wetlands inventory Mapping I Department 56 Distribution Center Shakopee,Minnesota IAdjacent Land Use and National Wetlands Inventory Mapping IWestwood 4,11 `�. 7599 A od wo Dove Services.Inc ,.` 7599 Ar Prmile Drive ol,lJs � 6122n 37-51 MN 55344 937-5150 EXHIBIT 4 I I High 1 Idth AvPni IP I iiiiiill -allh,--, MNINIMi= I _ I IIS .- p,—.__.. .. ,-• •- .. ,.. •- .. i _ C"1 f2 I li: 0 CO CC __ I c oU I I 400 0 400 800 Feet 'S' Sorce.*�„OW, 999 Legend N Roadway IMI Building Environmental Assessment Worksheet 1 Deciduous Woodland Road Right-of-Way I Department 56 Distribution Center NI CD Pine Plantation Farm Road Shakopee, Minnesota :-: Meadow 111 TM Lawn &Landscaping Existing Conditions Rye Grass Field 1 Westwood "ok OM Westwood Professional Services,Inc. 0 1 • 7599 MagramMNDrive Eden Prdrie, 55344 812 937-5150 EXHIBIT 5 I ? Irel 1 41 as • ' 1.1.4,,,I6nitlivalli: ' ITH 212 r �` 604, I Grass Lake L...... 4•116A ^�7 Rice Lake �/ I Viking Steel Rd A — e .,., R �--' . 101 ...r►� Blue Lake e. ---VI a Fisher Lake w rr•rjeee Site l. , sestiorms onsmin=mikk ilk , , kkik 'moo „'1 "4"141411111111 / "t, C 12th Ave _ / rai l��.e �... .� �4���'a �— — — 169 —_- III 5111111 Q — 6 t TH 1 - — I 451 OAC 41 'tee M i4 I 10 N v, o '-`r- -\ 0 I Semec hirVOOT Yaw.Mr) 5000 0 5000 10000 Feet 4111{110 15.19i9 IAverage Daily Traffic(ADTs)for Shakopee Roadways Source j Road i Segment ADT Shakopee 4th Ave Viking Steel Rd.to Shenandoah Dr. 5,411 I Shakopee 4th Ave. Shenandoah Dr.to CSAH 83 7,558 Scott County CSAH 16 West of CSAH 83 2,550 Scott County CSAH 16 East of CSAH 83 1.900_ Scott County CSAH 83 TH 101 to 4th Ave. 5,700 I Scott County CSAH 83 12th Ave.to TH 169 13,100 Scott County CSAH 83 TH 169 to CSAH 16 13,900 Mn/DOT CSAH 16 West of CSAH 83 3,500 I Mn/DOT 16 East of CSAH 83 2,700 Mn/DOT CSAH 83 TH 101 to CSAH 16 15,700 Mn/DOT TH 101 East of CSAH 83 19,000 Mn/DOT TH 101 West of CSAH 83 20,500 I Mn/DOT f TH 169 East of CSAH 83 25,000 Mn/DOT1 TH 169 West of CSAH 83 18,500 1 I Environmental Assessment Worksheet Department 56 Distribution Center IShakopee,Minnesota Average Daily Traffic on Surrounding Roadways rWostwood . Westwood Professional Services,Inc. 7599 Ms¢ern Drive u OPUS0 612 93 'EXHIBIT 6 pF MINNF Minnesota Department of Natural Resources r-534111,1) ' ' OJ¢ 500 Lafayette Road co P St. Paul,Minnesota 55155-40_ �p`NATUaP� I RECEIVED July 28, 1997 JUL 3 1 1997 Kathryn Fernholz WESTWOOD Associate Environmental Scientist PROFESSIONAL SERVICES Westwood Professional Services, Inc. 1 14180 West Highway 5 Eden Prairie, MN 55344 Re: Distribution Center, T115N, R22W, Section 4, Scott County Dear Ms. Fernholz: The Minnesota Natural Heritage database has been reviewed to determine if any rare plant or animal species or other significant natural features are known to occur within an approximate one-mile radius of the above referenced project. Based on this review, there are no known occurrences of rare species or natural features in the area searched likely to be affected by this project. The Natural Heritage database is maintained by the Natural Heritage Program and the Nongame Wildlife Program, units within the Section of Ecological Services, Department of Natural Resources. It is the most complete source of data on Minnesota's rare, endangered, or otherwise significant plant and animal species, plant communities, and other natural features, and is used in fostering better understanding and protection of these rare features. The information in the database is drawn from many parts of Minnesota, and is �y being ait of constantly updated, but is not based on a comprehensive survey the state. Therefore, there are currently many significant natural features present in the state which are not represented by the database. We are in the process of addressing this via the Minnesota County Biological Survey (MCBS), a county-by-county inventory of rare natural features, which is now underway. Because survey work is in progress for Scott County, our information about natural communities judged to be significant by our program is quite good for that county. The MCBS survey work for rare and endangered animals and plants is less comprehensive; it is therefore possible that occurrences of these features exist in the project area for which we have no records. Because there has not been an on-site survey of the biological resources of the project area, it is possible that ecologically significant features exist for which we have no record. I DNR Information: 612-296-6157, 1-800-766-6000 • TTY:612-296-5484, 1-800-657-3929 An Equal Opportunity Employer el& Printed on Recycled Paper Containing a Who Values Diversity CNA Minimum of 109 Post-Consumer Waste I Thank you for consulting us on this matter, and for your interest in minimizing impacts on Minnesota's rare resources. Please be aware that review by the Natural Heritage and ' Nongame Research Program focuses only on rare natural features. It does not constitute review or approval by the Department of Natural Resources as a whole. An invoice for the work completed is enclosed. You are being billed for map and computer search and staff scientist review. Sincerely, 1N-c-„,—Lce---- Lc Ellen B. Heneghan Endangered Species Environmental Review Coordinator Natural Heritage and Nongame Research Program 612/296-8279, FAX 612/296-1811 es #980034 I I I I I 1 I I I I 131 i -rid \ 1Il '+ alt 1. . , z . . , I August 8, 1997 Ms. Kathryn Fernholz ' Associate Environmental Scientist Westwood Professional Services, Inc, 14180 West Highway 5 Eden Prairie, MN 55344 111 RE: SuperValu Distribution Center Development Shakopee, Scott County SHPO Number: 97-3393 Dear Ms. Fernholz: ' Thank you for consulting with our office during the preparation of an Environmental Assessment Worksheet for the above referenced project. Based on available information, we conclude that the project is unlikely to affect any historic properties. Please note that this comment letter does not address the requirements of Section 106 of the National Historic Preservation Act of 1966 and 36CFR800, procedures of the Advisory Council on Historic Preservation for the protection of historic properties. If this project is considered for federal assistance, or requires a federal license or permit, it should be submitted to our office with reference to the appropriate federal agency. Please contact our office at 612-296-5462 if you have any questions regarding our review of this project. Sincerely Dennis A. Gimmestad Government Programs and Compliance Officer 1 I i i I