HomeMy WebLinkAbout3. Preliminiary Plat of Interstate Subdivision and CUP for Truck Sales/Service-Res. No. 6461, 6462
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MEMORANDUM FOR THE TABLE
CITY OF SHAKOPEE
Memorandum
CASE NO.: 06-029
TO: Mayor and City Council
Mark McNeill, City Administrator
FROM: Mark Noble, Planner II
SUBJECT: Preliminary Plat of Interstate Subdivision and Conditional Use Permit
for Truck Sales/Service in the Light Industry (I-I) Zone.
MEETING DATE: July 17, 2006 .
INTRODUCTION
Based on some recent information, City staff would like to modify the draft resolution to
include the following conditions:
1. The Storm Water Management Plan approval is subject to an agreement between the
city and the applicant regarding city participation.
2. The applicant will provide a drainage easement for 4th Avenue storm water drainage
on their site until the permanent drainage system is constructed as approved by the
Public Works Director.
3. The applicant shall meet park dedication requirements by providing cash in lieu of
land dedication. Park dedication fees in the amount required by the City Code and
adopted City fee schedule shall be paid prior to the recording of the final plat. If any
portion ofthe property is being platted as outlots to accommodate a phased
development, the park dedication fees for each future phase shall be based on the fees
in effect at the time of final plat approval for those outlots and shall be paid before the
final plat for those outlots is recorded.
ACTION REQUESTED
Approve Resolution No. 6461, a resolution approving the Preliminary Plat for Interstate
Subdivision, subject to the conditions presented as well as the two (2) conditions noted above,
and approve Resolution No. 6462, a resolution approving a conditional use permit for a truck
sales/service facility, with conditions as presented. . ~
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Mark Nob e, PI r II
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RESOLUTION NO. 6461
A RESOLUTION OF THE CITY OF SHAKOPEE, MINNESOTA APPROVING THE
PRELIMINARY PLAT OF INTERSTATE SUBDIVISION
WHEREAS, Interstate Companies, Inc., applicant and property owner, has made
application for preliminary plat approval of Interstate Subdivision; and
WHEREAS, the subject property is legally described as:
All that part of the North One-Half of Section 5, Township 115, Range 22, Scott County, Minnesota,
lying south of the southerly right-of-way line of the Chicago, St. Paul, Minneapolis and Omaha
Railway Company as the same is now located and established over and across said Section 5, and
lying west of the centerline of Shenandoah Drive; Excepting there from the following tract:
The West 1,234.91 feet as measured at right angles to the West line thereof, of that part of the
Northwest Quarter of Section 5, Township 115, Range 22, Scott County, Minnesota, lying south of the
southerly right-of- way line of the Chicago, St. Paul, Minneapolis and Omaha Railway Company as the
same is now located and established over and across said Section 5; Excepting there from the South
639.08 feet, as measured at right angles to the South line thereof on said Northwest Quarter of Section
5.
WHEREAS, the Planning Commission recommended approval ofthe proposed
preliminary plat with conditions; and
WHEREAS, on July 17, 2006, the City Council reviewed the proposed preliminary
plat.
WHEREAS, the City Council has evaluated the request and found the following
findings:
Finding #1 The proposed preliminary plat, if developed under the conditions proposed
herein, complies with the requirements for approval of a plat under City Code
Chapter 12 generally.
Finding #2 The subject site contains bedrock materials very close to the surface. To the
extent possible while yielding buildable sites, the proposed plat preserves the
site's natural features. To the extent that natural features such as woodland
areas on the site cannot be preserved, the plat will be required to comply with
City Woqdland Management and Landscaping requirements.
Finding #3 The proposed plat does not involve the construction of any additional public
roadways, but rather will utilize existing roadways that were developed and
constructed with industrial use in mind.
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Finding #4 Installation of sanitary sewer, storm water management, and water facilities as
a part of this plat from existing facilities will facilitate the future development
of adjacent and nearby vacant I-I zoned land.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF SHAKOPEE, MINNESOTA THAT THE PRELIMINARY PLAT OF
INTERSTATE SUBDIVISION IS HEREBY APPROVED SUBJECT TO THE
FOLLOWING CONDITIONS:
I. The following procedural actions must be completed prior to the City Council
approval of the Preliminary Plat:
A. The Storm Water Management Plan approval is subiect to an agreement
between the city and the applicant regarding city participation.
B. The utilities plan for the site shall be redesigned so that all sanitary sewer
services shall have a minimum of nine (9) feet of cover,. and the revised
plan shall be approved by the City Engineer.
1. To obtain adequate cover over the proposed sanitary sewer services,
the applicant should consider either additional rock excavation
and/or using additional fill to raise the site.
D. A 12 inch watermain extended from the site's northwest property comer
east to Shenandoah Drive, then south to 4th Avenue is required to receive
municipal water service per the adopted design criteria. The Preliminary
water service plan shown is not acceptable. Shakopee Public Utilities
require revised plans that conform to their requirements prior to
consideration ofthe preliminary plat request by the City Council.
II. The following items shall apply or be completed prior to approval of a
grading permit and/or a street/utility plan:
A. The applicant shall not engage in any land disturbing activity on the site
prior to the issuance of a grading permit by the City of Shakopee.
B. All submitted plat drawings/documents shall be signed by a land surveyor
under licensed under the laws of the State of Minnesota.
C. All submitted grading and erosion control plans and street and utilities
plans shall be signed by a professional engineer licensed under the laws of
the State of Minnesota.
D. No public improvements shall be constructed until both the City Engineer
and the Shakopee Public Utilities Commission (SPUC) approve the Final
Construction Plans and Specifications.
E. The applicant shall obtain a NPDES permit prior to any land disturbing
activity. A copy of this permit shall be provided to the City.
F. The applicant shall obtain the necessary approvals/permits for proposed
improvements within the City of Shako pee's right-of-way and drainage and
utility easements prior to construction.
III. The following procedural actions must be completed prior to the recording of
the Final Plat:
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A. Approval of title by the City Attorney.
B. The applicant will provide a drainage easement for 4th Avenue storm water
drainage on their site until the pennanent drainage system is constructed. as
approved by the Public Works Director.
C. Execution of a Developer's Agreement, which shall include provisions for
security for public improvements within the plat and the engineering
review fees, and any other fees as required by the City's adopted fee
schedule.
1. The developer shall be responsible for payment of Trunk Storm Water
Charges, Trunk Sanitary Sewer Charges, Trunk Storm Water Storage
and Treatment Charges, security for the public improvements,
engineering review fees, and other fees as required by the City's most
recent adopted Fee Schedule.
2. Street lighting to be installed in accordance with the requirements of
the Shakopee Public Utilities Commission.
3. Electrical system to be installed in accordance with the requirements of
the Shakopee Public Utilities Commission.
4. Water system to be installed in accordance with the requirements of the
Shakopee Public. Utilities Commission.
D. The applicant shall be required to enter into an encroachment agreement
with the City for all parking lots located within drainage and utility
easements containing public utilities.
E. The appiicant shall provide suitable easements for access to all adjacent
properties utilizing the private sanitary sewer and the private storm sewer
systems. The easements shall be approved by the City prior to recording of
the plat. Maintenance of these private utilities shall be the responsibility. of
the applicant.
F. Minimum drainage and utility easements for public sanitary sewer and
public storm sewer shall be provided at a one (1) to one and a half (1.5)
ratio, depth versus width. The easements shall be a minimum of twenty
(20) feet and shall be centered along the utility alignment.
G. Easements shall be shown on the Final Plat as approved by the City
Engineer.
H. Simultaneous to the recording ofthe plat, a deed restriction shall be
recorded on all drainage and utility easements as designated by the City of
Shakopee.
The Deed Restriction shall appear as the following:
"This conveyance is made conditioned upon and subject to the following
restriction. The Grantee, heirs, successors and assigns, are restricted from
erecting any fence or other structure within the utility and drainage
easements dedicated by plat over the above-described property, except with
the prior written consent of the City of Shakopee. This restriction shall run
in favor of and be enforceable by the City of Shako pee."
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, 1. The survey data (length and bearings) shall be shown for each lot.
J. Shall comply with the conditions concerning outlined in the memorandum
from John Wingard of WSB & Associates, Inc. dated May 11, 2006.
K. Shall provide electronic (Auto CAD) files of the Final Plat to the
Engineering Department.
L. The applicant shall meet park dedication requirements by providing cash in
lieu of land dedication. Park dedication fees in the amount required by the
City Code and adopted City fee schedule shall be paid prior to the
recording of the final plat. If any portion of the property is being platted as
outlots to accommodate a phased development. the park dedication fees for
each future phase shall be based on the fees in effect at the time of final
plat approval for those outlots and shall be paid before the final plat for
those outlots is recorded.
IV. Following approval and recording of the final plat, the following conditions
shall apply to both the preliminary plat and the truck sales/service facility on
Lot 1 :
A. The applicant shall submit a landscaping plan for review and approval by
the City of Shakopee Natural Resource Specialist.
B. The applicant shall replace all trees that are to be cut down with the
appropriate number and species to be determined by the Natural Resources
Specialist and the Woodland Management Ordinance.
C. The applicant shall provide six (6) inches oftopsoil below areas to be
sodded. The soil composition should be similar to the MnDOT topsoil
borrow requirements.
D. The applicant shall provide rain sensors for any irrigation system.
E. The applicant shall provide storm water computations for the proposed site
to insure the downstream system can accommodate the runoff.
F. The applicant shall provide inlet protection to the storm sewer catch basin
consistent with City standards.
G. The applicant shall implement the use of Best Management Practices for
erosion control and stormwater management during construction.
H. The applicant shall utilize the MPCA Protecting Water Quality in Urban
Areas as a technical reference for erosion control.
1. Silt fence and/or tree protection fence is to be removed following
establishment of vegetation as determined by an inspection by City staff.
J. The applicant must meet the City's Woodland and Tree Management
Ordinance requirements.
K. The applicant shall plant replacement trees hardy to Scott County climates.
Recommended tree species to utilizein this area are:
a. Hackberry (Celtis occidentalis)
b. Northern Catalpa (Catalpa speciosa)
c. Bur oak (Quercus macrocarpa)
d. White cedar (Thuja occidentalis)
e. Eastern white pine (Pinus strobes)
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L. The applicant shall receive approval from the City prior to clearing and
grubbing for all phases. The applicant is approved to clear and grub for
Phase 1, Phase 2, and Phase 3. Additionally, the applicant is approved to
clear and grub a staging area in Phase 4 and the north side of Phase 5 to
accommodate utility installation.
M. Any impact this development has, as far as adjusting or relocating existing
facilities, is subject to reimbursement to Time Warner Cable applicable
costs of relocation/adjustment and subject to scheduling of work requested.
N. soils on site shall be subject to sampling and testing at the City's
discretion. The cost associated with the testing, and if necessary, the
removal of any material deemed unacceptable by the City shall be the
applicant's responsibility.
O. Building construction, sewer, water service, fire protection and access.will
be reviewed for code compliance at the time of building permit
application(s).
P. The developer and/or their assigns shall be responsible for any required or
desired noise or dust mitigation measures.
Q. The applicant shall meet the screening and landscaping ordinance
requirements of the City Code.
Adopted in regular session of the City Council of the City of Shako pee, Minnesota,
held the _ day of , 2006.
Mayor of the City of Shakopee
Attest:
Judith S. Cox, City Clerk
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CITY OF SHAKOPEE
Memorandum
CASE NO.: 06-029
TO: Mayor and City Council
Mark McNeill, City Administrator
FROM: Mark Noble, Planner II
SUBJECT: Preliminary Plat oflnterstate Subdivision and Conditional Use Permit
for Truck Sales/Service in the Light Industry (I-I) Zone.
MEETING DATE: July 17,2006
REVIEW PERIOD: February 10, 2006 - June 9,2006 (Applicant granted a 90-day
extension, extending the review period to September 7, 2006)
INTRODUCTION
I-State, LLC submitted an application for preliminary plat approval and for conditional use
permit (CUP) approval for a truck sales and service facility on one of the proposed lots.
Because the CUP application is closely related to a land use application requiring
consideration by both the Planning Commission and City Council (i.e. the plat preliminary
plat application), the City Council (not the Planning Commission) will make the final decision
on both the plat and CUP requests. (See City Code Sec. 11.84, Subd. I.A.)
In preparing this report for the Council, staff has had to exercise some discretion regarding
documents to be included. Accompanying this report for the Council's information include
the following documents;
0 July 14th letter and schedule of storm water improvements from WSB 7 Associates,
Inc., concerning the anticipated cost participation by the city at the I-State property;
0 July 6th letter from Stacey Pumper that requests specific conditions, if the application
is approved;
0 July 13th letter in response to Ms. Pumper's letter from Lee Henderson;
0 Memorandum of City Attorney James Thomson dated July 3,2006;
0 Letter ofI-State attorney Lee Henderson to James Thomson dated June 30, 2006 in
response to attorney Karen Marty letter of June 28,2006;
0 May 15,2006 memorandum of resident Chris Gorton setting forth recommended
conditions for I-State CUP;
0 I-State PowerPoint presentation to Planning Commission dated May 18,2006;
0 Table submitted by I-State on June 6, 2006 setting forth data regarding anticipated age
of vehicles to be repaired at I -State facility;
0 May 31, 2006 article submitted by I -State regarding pollutant levels from new
generation of diesel fuel and trucks;
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0 May 11,2006 from John Wingard, P.E./WSB to City Public Works Director Bruce
Loney regarding proposed preliminary plat, grading, drainage, sanitary sewer and
water main plans;
0 May 10, 2006 letter from Rick Leuthhold/Engineering, Inc. on behalf of the applicant
to Mark Noble, Planner I;
0 Preliminary plat drawing revised 6/28/2006;
0 Grading and Erosion Control Plan revised 6/28/2006;
0 Stormwater Management Plan revised 6/28/2006;
In reaching its determination, the Council can consider any information presented over the
past several months as a part of the public hearing record, even though it may not specifically
be a part of this report.
DISCUSSION:
The subject property is located north of 4th Avenue East, west of Shenandoah Drive, and
south ofCSAH 101. The original submittal proposed the creation of five (5) lots on 50.926
acres. The most recent revised plat submittal by the applicant proposes the platting oftwo (2)
lots (11.0 and 14.7 acres in size) and an outlot (20.4 acres in size).
The applicant proposes to construct a 68,971 square foot truck sales/service facility in their
initial phase (Lot 1), with subsequent phases proposed to include a 20,000 square foot
corporate headquarters building and a 90,000 square foot power systems facility (sales facility
dedicated to large scale generator and motor applications). While there has been much
testimony about the power systems facility, neither it nor the corporate headquarters are the
subject of the current plat or CUP application. The applicant would have to make separate
application for CUP for those future phases. Thus, this report does not attempt to identify
conditions that would be placed on those uses at this time. However, the applicant has been
put on notice that the corporate headquarters use, as presently shown, is not permitted in the I-
1 Zone, which provides that offices, when located within the principal structure and directly
associated with ,another permitted use, are listed permitted uses. If constructed, the corporate
headquarters building will need to be attached to and/or incorporated into another building
and/or with another use that is permitted in this zone. The applicant has indicated that their
expected timeframe for submittal of an application for CUP approval for the power systems
facility is anticipated in 2007. At the time such application would be received, staff would
review the request for compliance with the listed permitted/conditional uses, and compliance
withthe City's design and performance standards as identified in the City Code. The
proposed uses and time of development of the outlot area are not yet determined. This CUP
request pertains only to the I-State Truck Center proposed for Lot 1.
The Commission opened the public hearing on the preliminary plat and CUP application at
their March 23,2006 meeting, and continued the public hearing and took extensive testimony
at the April 6th, April 20th, May 4th, May 18th, and most recently July 6, 2006. At each of
these meetings, new testimony has been taken and additional questions passed by the
residents in attendance. Additionally, throughout this entire process, staff received numerous
calls, e-mails, and other written communications between the Commission meeting dates. In
this regard, the Council might note the June 28th letter received from attorney Karen Marty on
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behalf of the neighborhood residents, the June 30th letter in response from Lee Henderson,
attorney for I-State, the July 6, 2006 letter from Stacey Pumper that requests specific
conditions if the application is approved, and a July 13th letter in response from Lee
Henderson. In addition, some of the documents used in testimony at each of the Commission
meetings were not submitted for the public record. These factors have made it somewhat
difficult to respond to all of the concerns and questions raised.
The applicant has conducted several neighborhood meetings in an effort to discuss the issues
relevant to the residential neighbors. In addition, the neighborhood residents have held a
number of meetings which included members of the City Council.
Based on the public hearing comments and those comments raised by the neighbors and City
staff, the applicant has submitted revisions to their plans intended to address those comments.
The applicant also submitted an eight (8) page letter that is intended to answer a number of
questions and issues that have been raised by staff, Commission, Council, and the residential
neighbors. Those plans and letter are attached for the Council's information. Additionally,
staffhas provided several documents that have been received from residential property
owners who live in the vicinity of this project. One of the recent submittals from the
applicant acknowledges the location of a Red Tail Hawk nest, and has identified a 325 foot
radius around the nest that will remain undisturbed until such time that the hawks have left the
nest, consistent with United States Fish and Wildlife Service requirements for the Migratory
Bird Treaty Act. Copies of this information are available in the City's Case File for this
project (File No. PC06029).
CONDITIONAL USE PERMIT:
City Code Sec. 11.88.Subd. 1. Purpose., provides as follows;
It is the intent of the City in establishing general and specific criteria for conditional
uses that such uses be subject to careful evaluation to ensure that their location and
design are consistent with the standards, purposes and procedures of this Chapter and
the Comprehensive Plan, and do not have a detrimental impact on neighboring
properties. The Board of Adjustment and Appeals may impose conditions on such
uses in order to ensure compliance or to effect the purpose of this Chapter.
Further, Subd. 2 of the same section ofthe City Code provides that". . . the Board of
Adjustment and Appeals will consider the specific standards contained in this subdivision
when deciding whether a conditional user permit should be granted." (Emphasis added) In
other words, while the COl1llllission is entitled to apply these standards to a specific use, it is
not obligated to make sure that all of the stated standards are complied with. The
Commission may consider the specific circumstances regarding a specific proposal to
determine if the standards should be applied. Regarding a) retail sales of products
manufactured, fabricated, assembled, or stored on site) and b) vehicle repair, City Code Sect.
11.88, Subd. 2. Y. and Subd. 2.BB. set forth the following standards for consideration in
connection with the requested uses:
1. shall sell products only within the principal structure.
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2. shall limit the area devoted to display and sale of the projects to no more than 15% of
, the principal structure or 2,000 square feet within the principal structure, whichever is
less.
3. shall not require or result in exterior building modifications.
4. shall have no outside storage or display or accessory structures.
5. shall submit a sign plan.
6. shall not store any vehicles which are unlicensed or inoperative for more than seven
(7) days.
7. shall screen all storage areas.
8. shall not be located on a lot or parcel of land within 200 feet of any residential zone.
The attached memorandum from the City Attorney sets forth the basis for concluding that the
proposed truck sales/service facility is a conditionally permitted use under the City's I-I
Zone, and those points will not be reiterated here. However, regarding the standards listed
above, staff suggests that the Council, in evaluating the applicability of numbers 1 to 3 can
take into account the location of proposed Lot 1 on CR 101, some distance from the nearby
residential areas. Staff would also note with respect to number 5 above that the City's past
practice for several years has been to require approval of separate sign permits, rather than of
a sign plan as part of a CUP.
FINDINGS
City Code Sec. 11.85. CONDITIONAL USE PERMITS. Provides that a CUP will not be
granted without making the following findings, to wit;
Criteria #1 The use will not be injurious to the use and enjoyment of other property in
the immediate vicinity for the purposes already permitted, nor substantially
diminish and impair property values within the immediate vicinity;
Criteria #2 The establishment of the conditional use will not impede the normal and
orderly development and improvement of surrounding vacant property for
uses allowed in the area;
Criteria #3 Adequate utilities, access roads, drainage, and other necessary facilities have
been or will be provided;
Criteria #4 The use is consistent with the purposes of the zone in which the applicant
intends to locate the proposed use;
Criteria #5 The use is not in conflict with the Comprehensive Plan.
As a practical matter, the specific findings adopted in granting a conditional use permit must take
account of the specific evidence on record. In reviewing the record on this specific request for
conditional use permit approval, staffhas prepared draft findings for use by the Council in its
discussion regarding its decision on the CUP.
Regarding this sales/service'facility, their proposal includes a sales lot for their over-the-road
long haul and short haul semi trucks. As part of this request, the Council should consider and
recommend specific conditions that are different than those identified above (and in the
attached resolution), as they pertain to the location and magnitude of area allowed for display
of these trucks. One such condition could be similar to a condition incorporated into exterior
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storage uses, which is that the area of display/stored vehicles not exceed the area of the
principal and accessory buildings. Another listed conditional use in the I-I Zone which has
some similar activities to the proposed truck sales/service facility is commercial vehicle rental
facilities, which includes standards such as 1) shall not wash any vehicle except within a
building; 20 shall not repair or maintain any vehicle on site, except in an enclosed structure;
3) shall have all outside parking facilities at least 100 feet from any residential zone; and 4)
shall screen all outside parking facilities from any adjacent residential zone.
Additionally, the applicant is requesting approval of concrete pin-down curbing along the
perimeter asphalt surface areas, rather than perimeter curb and gutter, which is a requirement
staff has recommended. The Council should also consider this request as part of their
recommendation.
The Engineering Department has reviewed the application and provided comments, noting a
number of conditions that have the potential to significantly affect the Preliminary Plat and
Conditional Use Permit applications.
The Police Department has provided a memorandum that identifies several issues and
concerns. The Council may recommend additional conditions to ensure that the findings
required for approving this Conditional Use Permit would be met.
Ryan Hughes, Natural Resources Specialist, has provided a memorandum that summarizes the
Environmental Advisory Committee's recommendation. The Environmental Advisory
Committee recommended approval of the Preliminary Plat for the I State Truck Center, with
the conditions noted in the memorandum.
Shakopee Public Utilities has provided a memorandum, noting that a 12 inch watermain
extended from the site's northwest property comer east to Shenandoah Drive, then south to 4th
A venue is required to receive municipal water service per the adopted design criteria.
Shakopee Public Utilities staff noted that the preliminary water service plan shown is not
acceptable, and that they require revised plans that conform to their requirements.
Time Warner submitted a ~emorandum, noting that any impact this development has, as far
as adjusting or relocating existing facilities, is subject to reimbursement to Time Warner
Cable applicable costs of relocation/adjustment and subject to scheduling of work requested.
PLANNING COMMISSION RECOMMENDATION
The Planning Commission reviewed the preliminary plat and Conditional Use Permit
application at its July 6,2006 meeting, and by a 6-0 vote, they recommended approval of the
this application, as presented. Specifically, the Commission discussed the proposed uses and
the written response from the City Attorney on this issue. The Planning Commission report
from the July 6,2006 meeting is attached for the Council's information.
ALTERNATIVES
Preliminary Plat Request:
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1. Approve Resolution No. 6461, a resolution approving the Preliminary Plat for Interstate
Subdivision, subject to the conditions presented.
2. Approve Resolution No. 6461, a resolution approving the Preliminary Plat for Interstate
Subdivision, subject to revised conditions.
3. Do not approve the preliminary plat and direct staff to prepare a resolution consistent with
the direction of the Council for action at the Council's next meeting.
4. Table the matter and request additional information from staff and/or the applicant.
Conditional Use Permit Request:
1. Approve Resolution No. 6462, a resolution approving a conditional use permit for truck
sales/service, with conditions as presented.
2. Approve Resolution No. 6462, a resolution approving a conditional use permit for truck
sales/service, with revised conditions.
3. Deny the conditional use permit for truck sales/service, and direct staff to prepare a
resolution of denial for action at the next City Council meeting.
4. Table the matter, and request additional information from the applicant and/or staff.
The Council may act on both the preliminary plat and conditional use permit request with one
motion incorporating the findings and conditions contained in this report, or other findings
and conditions the Council deems appropriate.
VISIONING RELATIONSHIP
Action on these requests relates to Goal D: "Vibrant, resilient and stable"
ACTION REQUESTED
Approve Resolution No. 6461, a resolution approving the Preliminary Plat for Interstate
Subdivision, subject to the conditions presented, and approve Resolution No. 6462, a
resolution approving a conditional use permit for a truck sales/service facility, with conditions
as presented. ~~~ /
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RESOLUTION NO. 6461
A RESOLUTION OF THE CITY OF SHAKOPEE, MINNESOTA APPROVING THE
PRELIMINARY PLAT OF INTERSTATE SUBDIVISION
WHEREAS, Interstate Companies, Inc., applicant and property owner, has made
application for preliminary plat approval of Interstate Subdivision; and
WHEREAS, the subject property is legally described as:
All that part of the North One-Half of Section 5, Township 115, Range 22, Scott County, Minnesota,
lying south of the southerly right-of-way line of the Chicago, St. Paul, Minneapolis and Omaha
Railway Company as the same is now located and established over and across said Section 5, and
lying west of the centerl~ne of Shenandoah Drive; Excepting there from the following tract:
The West 1,234.91 feet as measured at right angles to the West line thereof, of that part of the
Northwest Quarter of Section 5, Township 115, Range 22, Scott County, Minnesota, lying south of the
southerly right-of-way line of the Chicago, St. Paul, Minneapolis and Omaha Railway Company as the
same is now located and established over and across said Section 5; Excepting there from the South
639.08feet, as measured at right angles to the South line thereof on said Northwest Quarter of Section
5.
WHEREAS, the Planning Commission recommended approval of the proposed
preliminary plat with conditions; and
WHEREAS, on July 17, 2006, the City Council reviewed the proposed preliminary
plat.
WHEREAS, the City Council has evaluated the request and found the following
findings:
Finding #1 The proposed preliminary plat, if developed under the conditions proposed
herein, complies with the requirements for approval of a plat under City Code
Chapter 12 generally.
Finding #2 The subject site contains bedrock materials very close to the surface. To the
extent possible while yielding buildable sites, the proposed plat preserves the
site's natural features. To the extent that natural features such as woodland
areas on the site cannot be preserved, the plat will be required to comply with
City Woodland Management and Landscaping requirements.
Finding #3 The proposed plat does not involve the construction of any additional public
roadways, but rather will utilize existing roadways that were developed and
constructed with industrial use in mind
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Finding #4 Installation of sanitary sewer, storm water management, and water facilities as
a part of this platfrom existingfacilities willfacilitate thefuture development
of adjacent and nearby vacant 1-1 zoned land
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF SHAKOPEE,MINNESOTA THAT THE PRELIMINARY PLAT OF
INTERSTATE SUBDIVISION IS HEREBY APPROVED SUBJECT TO THE
FOLLOWING CONDITIONS:
I. The following procedural actions must be completed prior to the City Council
approval of the Preliminary Plat:
A. The City Engineer shall have approved the applicant's storm water
management plan for the site.
B. The utilities plan for the site shall be redesigned so that all sanitary sewer
services shall have a minimum of nine (9) feet of cover, and the revised
plan shall be approved by the City Engineer.
1. To obtain adequate cover over the proposed sanitary sewer services,
the applicant should consider either additional rock excavation
and/or using additional fill to raise the site.
C. A 12 inch watermain extended from the site's northwest property comer
east to Shenandoah Drive, then south to 4th Avenue is required to receive
municipal water service per the adopted design criteria. The Preliminary
water service plan shown is not acceptable. Shakopee Public Utilities
require revised plans that conform to their requirements prior to
consideration of the preliminary plat request by the City Council.
II. The following items shall apply or be completed prior to approval of a
grading permit and/or a street/utility plan:
A. The applicant shall not engage in any land disturbing activity on the site
prior to the issuance of a grading permit by the City of Shakopee.
B. All submitted plat drawings/documents shall be signed by a land surveyor
under licensed under the laws of the State of Minnesota.
C. All submitted grading and erosion control plans and street and utilities
plans shall be signed by a professional engineer licensed under the laws of
the State of Minnesota.
D. No public improvements shall be constructed until both the City Engineer
and the Shakopee Public Utilities Commission (SPUC) approve the Final
Construction Plans and Specifications.
E. The applicant shall obtain a NPDES permit prior to any land disturbing
activity. A copy of this permit shall be provided to the City.
F. The applicant shall obtain the necessary approvals/permits for proposed
improvements within the City of Shako pee's right-of-way and drainage and
utility easements prior to construction.
III. The following procedural actions must be completed prior to the recording of
the Final Plat:
H:\CC\2006\07 -17\PP _CUP _I State. doc 8
A. Approval of title by the City Attorney.
B. Execution of a Developer's Agreement, which shall include provisions for
security for public improvements within the plat and the engineering
review fees, and any other fees as required by the City's adopted fee
schedule.
1. The developer shall be responsible for payment of Trunk Storm Water
Charges, Trunk Sanitary Sewer Charges, Trunk Storm Water Storage
and Treatment Charges, security for the public improvements,
engineering review fees, and other fees as required by the City's most
recent adopted Fee Schedule.
2. Street lighting to be installed in accordance with the requirements of
the Shakopee Public Utilities Commission.
3. Electrical system to be installed in accordance with the requirements of
the Shakopee Public Utilities Commission.
4. Water system to be installed in accordance with the requirements of the
Shakopee Public Utilities Commission.
C. The applicant shall be required to enter into an encroachment agreement
with the City for all parking lots located within drainage and utility
easements containing public utilities.
D. The applicant shall provide suitable easements for access to all adjacent
properties utilizing the private sanitary sewer and the private storm sewer
systems. The easements shall be approved by the City prior to recording of
the plat. Maintenance of these private.utilities shall be the responsibility of
the applicant.
E. Minimum drainage and utility easements for public sanitary sewer and
public storm sewer shall be provided at a one (1) to one and a half (1.5)
ratio, depth versus width. The easements shall be a minimum of twenty
(20) feet and shall be centered along the utility alignment.
F. Easements shall be shown on the Final Plat as approved by the City
Engineer.
G. Simultaneous to the recording of the plat, a deed restriction shall be
recorded on all drainage and utility easements as designated by the City of
Shakopee.
The Deed Restriction shall appear as the following:
"This conveyance is made conditioned upon and subject to the following
restriction. The Grantee, heirs, successors and assigns, are restricted from
erecting any fence or other structure within the utility and drainage
easements dedicated by plat over the above-described property, except with
the prior written consent of the City of Shakopee. This restriction shall run
in favor of and be enforceable by the City of Shakopee."
H. The survey data (length and bearings) shall be shown for each lot.
I. Shall comply with the conditions concerning outlined in the memorandum
from John Wingard ofWSB & Associates, Inc. dated May 11,2006.
H:\CC\2006\07 -17\PP _CUP _I State. doc 9
J. Shall provide electronic (Auto CAD) files ofthe Final Plat to the
Engineering Department.
IV. Following approval and recording of the final plat, the following conditions
shall apply to both the preliminary plat and the truck sales/service facility on
Lot 1:
A. The applicant shall submit a landscaping plan for review and approval by
the City of Shakopee Natural Resource Specialist.
B. The applicant shall replace all trees that are to be cut down with the
appropriate number and species to be determined by the Natural Resources
Specialist and the Woodland Management Ordinance.
C. The applicant shall provide six (6) inches of topsoil below areas to be
sodded. The soil composition should be similar to the MnDOT topsoil
borrow requirements.
D. The applicant shall provide rain sensors for any irrigation system.
E. The applicant shall provide storm water computations for the proposed site
to insure the downstream system can accommodate the runoff.
F. The applicant shall provide inlet protection to the storm sewer catch basin
consistent with City standards.
G. The applicant shall implement the use of Best Management Practices for
erosion control and stormwater management during construction.
H. The applicant shall utilize the MPCA Protecting Water Quality in Urban
Areas as a technical reference for erosion control.
I. Silt fence and/or tree protection fence is to be removed following
establishment of vegetation as determined by an inspection by City staff.
J. The applicant must meet the City's Woodland and Tree Management
Ordinance requirements.
K. The applicant shall plant replacement trees hardy to Scott County climates.
Recommended tree species to utilize in this area are:
a. Hackberry (Celtis occidentalis)
b. Northern Catalpa (Catalpa speciosa)
c. Bur oak (Quercus macrocarpa)
d. White cedar (Thuja occidentalis)
e. Eastern white pine (Pinus strobes)
L. The applicant shall receive approval from the City prior to clearing and
grubbing for all phases. The applicant is approved to clear and grub for
Phase 1, Phase 2, and Phase 3. Additionally, the applicant is approved to
clear and grub a staging area in Phase 4 and the north side of Phase 5 to
accommodate utility installation.
M. Any impact this development has, as far as adjusting or relocating existing
facilities, is subject to reimbursement to Time Warner Cable applicable
costs of relocation/adjustment and subject to scheduling of work requested.
N. soils on site shall be subject to sampling and testing at the City's
discretion. The cost associated with the testing, and if necessary, the
removal of any material deemed unacceptable by the City shall be the
applicant's responsibility.
H:\CC\2006\07 -17\PP _cuP _ I State.doc 10
o. Building construction, sewer, water service, fire protection and access will
be reviewed for code compliance at the time of building permit
application( s).
P. The developer and/or their assigns shall be responsible for any required or
desired noise or dust mitigation measures.
Q. The applicant shall meet the screening and landscaping ordinance
requirements of the City Code.
Adopted in regular session of the City Council of the City of Shakopee, Minnesota,
held the _ day of , 2006.
Mayor of the City of Shakopee
Attest:
Judith S. Cox, City Clerk
H:\CC\2006\07 -17\PP _CUP _I State. doc 11
RESOLUTION NO. 6462
A RESOLUTION OF THE CITY OF SHAKOPEE
APPROVING A CONDITIONAL USE PERMIT TO ALLOW A TRUCK
SALES/SERVICE FACILTY FOR I-STATE AT PROPERTY LOCATED NORTH OF
4TH A VENUE, EAST OF SARAZIN STREET AND WEST OF SHENANDOAH DRIVE
WHEREAS, the City of Shakopee received an application from I-State, LLC, applicant,
and Interstate Companies, Inc., property owner, for a Conditional Use Permit to a allow truck
sales/service facility in the Light Industry (I-I) Zone.
WHEREAS, the property for which the application was made is legally described as
follows:
All that part of the North One-Half of Section 5, Township 115, Range 22, Scott County, Minnesota,
lying south of the southerly right-of-way line of the Chicago, St. Paul, Minneapolis and Omaha
Railway Company as the same is now located and established over and across said Section 5, and
lying west of the centerline of Shenandoah Drive; Excepting there from the following tract:
The West 1,234. 91 feet as measured at right angles to the West line thereof, of that part of the
Northwest Quarter of Section 5, Township 115, Range 22, Scott County, Minnesota, lying south of the
southerly right-of-way line of the Chicago, St. Paul, Minneapolis and Omaha Railway Company as the
same is now located and established over and across said Section 5; Excepting there from the South
639.08 feet, as measured at right angles to the South line thereof on said Northwest Quarter of Section
5.
WHEREAS, projer public hearing notices were sent, published and posted, and on
March 23, 2006, April 6 , April 20th, May 4th, May 18th, and July 6, 2006, a public hearing
was held on the requested Conditional Use Permit before the Shakopee Planning
Commission; and
WHEREAS, on July 17, 2006 the CUP request was reviewed by the Shakopee City
Council.
NOW, THEREFORE BE IT RESOLVED BY CITY COUNCIL OF THE CITY
OF SHAKOPEE, MINNESOTA, that it adopts the following findings relative to the request
for Conditional Use Permit.
Finding #1 The proposed use of Lot 1 for truck sales and repair is permitted as a conditional
use under City Code Sec. 11.44. LIGm INDUSTRY ZONE (I-l).Subd 3.
Conditional Uses, specifically under the following; ,
A. vehicle repair; and
B. retail sales of products manufactured, fabricated, assembled or
H:\CC\2006\07-17\PP _CUP _1 State.doc 12
stored on site.
Finding #2 Even if the proposed use fOr truck sales and repair were not permitted under the
provisions identified in Finding # 1, . the Council determines under City Code Sec.
11.44, Sub. 3. P., that the proposed truck sales and repair is similar to other uses
permitted under said subdivision (most notably Item F commercial vehicle rental
facilities), and may be allowed with a conditional use permit.
Finding #3 The proposed truck sales and repair facility, developed and operated under the
proposed conditions, will not be injurious to the use and enjoyment of other
property in the immediate vicinity for the purposes already permitted, nor
substantially diminish and impair property values within the immediate vicinity,
provided the conditions noted in the resolution are met.
Finding #4 The establishment of the truck sales and repair conditional use will not impede
the normal and orderly development and improvement of surrounding property
for uses allowed in the area, provided the conditions noted in the resolution are
met.
Finding #5 Adequate utilities, access roads, drainage, and other necessary facilities exist to
serve the proposed use, provided the conditions noted in the resolution are met.
Finding #6 The use is consistent with the purposes of the Light Industry Zone, provided the
conditions noted in the resolution are met.
Finding #7 The proposed use is consistent with the purposes of the Comprehensive Plan,
which guides the subject property for industrial use.
AdditionalFindings Related to the Conditional Use Permit:
Criteria #1 The use will not be injurious to the use and enjoyment of other property in
the immediate vicinity for the purposes already permitted, nor substantially
diminish and impair property values within the immediate vicinity;
a. The proposed site of the truck sales and repair facility is located on the
northern portion of the overall site, furthest from, and not adjacent to the
nearby residential areas;
b. The applicant's proposal will provide substantial screening, in that as a part
of the plat the applicant will provide berming and 6-8 foot conifers for
screening purposes along Fourth Avenue.
c. The applicant has submitted information that verifies that about 72% of
trucks that the proposed facility would service are likely to be 2005 models or
newer, and thus, a significant number of them subject to new, even more
stringent pollution control regulations. The information submitted by the
applicant further indicates that almost all trucks that would be serviced
would be newer than 1998 models.
d. The applicant has submitted testimony that hours of operation would
generally be limited to the hours of 7: 00 a.m. to 6:00p.m., Monday through
Friday. Test drives would be limited in number, take place during normal
hours of operation, and would generally take place on CR 101 rather than
H:\CC\2006\07 -17\PP _CUP _I State.doc 13
Fourth Avenue. A skeleton staff would provide after hours emergency
service.
e. While concerns have been raised by a number of residents about possible
diminution of property value, no empirical data has been submitted that
would support that conclusion. Data outlined to the Council about current
values in the area varying based on proximity to the site. is likely the result of
normal market forces taking account of different locational factors in the
area.
Criteria #2 The establishment of the conditional use will not impede the normal and
orderly development and improvement of surrounding vacant property for
uses allowed in the area;
a. The proposed truck sales and repair facility will not impede the development
of nearby residential areas, as those have already been developed and
constructed on.
b. Future use of the lots adjacent to Fourth Avenue will be subject to City
review to insure that they are compatible with adjacent uses.
Criteria #3 Adequate utilities, access roads, drainage, and other necessary facilities have
been or will be provided;
a. The recent design and reconstruction of Fourth Avenue was undertaken with
the specific intent to provide a roadway that would meet the needs of already
existing industrial uses along Fourth Avenue and vacant industrially-zoned
sites, as well as the residential areas to the south, both in terms of total traffic
volumes and carrying capacity of the street itself
b. The storm drainage system incorporated into the reconstruction of Fourth
Avenue was specifically sizedfor the eventual development of the
industrially-zoned sites on either side of Shenandoah Parkway.
c. Because the proposed truck sales and repair facility would have vehicle
access from Shenandoah Parkway, it should have little impact of trqffic
volumes on Fourth Avenue
Criteria #4 The use is consistent with the purposes of the zone in which the applicant
intends to locate the proposed use;
a. Because the proposed truck sales and repair facility is located a substantial
distance from the residential areas to the south; because it's access would be
primarily/rom CR 101 and Shenandoah Parkway; and because its general
hours of operation would be between 7:00 a,m. and 6:00p.m., the use is
consistent with the purposes of the 1-1 Zone.
Criteria #5 The use is not in conflict with the Comprehensive Plan.
a. The use proposed for the site is consistent with the guided use.
H:\CC\2006\07 -17\PP _CUP _ I State.doc 14
BE IT FURTHER RESOLVED, that the Conditional Use Permit to allow a truck
sales/service facility in the Light Industry (1-1) Zone is approved subject to the following
conditions:
1. Any proposed fencing shall not exceed six (6) feet in height.
2. The site shall be developed consistent with the submitted site plan, unless otherwise noted in
the following conditions.
3. The site shall be developed consistent with the conditions noted in the approved Preliminary
Plat resolution.
4. All applicable design and performance standards of the City Code shall be complied with,
especially those identified in Section 11.60 (Performance Standards) and Section 11.44 (Light
Industry Zone).
5. Sign permits shall be required, with proposed signs consistent with the City Code
requirements.
6. The development shall comply with City Code Section 10.60, Noise Elimination and Noise
Prevention.
7. Shall sell products only within the principal structure, except for semi-tractors/trailers.
8. Shall limit the area devoted to display and sale of the projects to no more than .15% of the
principal structure or 2,000 square feet within the principal structure, whichever is less, except
for semi-tractors/trailers.
9. Shall not require or result in exterior building modifications.
10. Shall have no outside storage or display or accessory structures, except for semi-
tractors/trailers for sale.
11. Shall not store any vehicles which are unlicensed or inoperative for more than seven (7) days.
12. Shall screen all storage areas.
13. Shall not be located on a lot or parcel of land within 200 feet of any residential zone.
14. Concrete perimeter curb and gutter shall be installed, with the design and materials consistent
with City's Design Criteria for concrete curb and gutter.
15. Provide additional tree and vegetation plantings along 4th Avenue to screen and buffer this
development from the adjacent residential development, with the plan to be approved by the
City of Shako pee Natural Resource Specialist.
16. Water run-off from serviced and/or washed vehicles shall be treated and disposed of properly.
17. Any development of the site shall comply with the regulations of the Migratory Bird Treaty
Act.
Adopted by the Shakopee City Council on the day of ,2006.
Mayor of the City of Shakopee
ATTEST:
Judith S. Cox, City Clerk
PREPARED BY:
City of Shakopee
129 South Holmes Street
Shakopee, MN 5537
H:\CC\2006\07 -17\PP _CUP _ I State.doc 15
CERTIFICATION OF RESOLUTION NO. -
I, Judith S. Cox, City Clerk for the City of Shakopee, 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 day of
, 2006, as shown by minutes of the meeting in my possession.
Dated this day of , 2006
Judith S. Cox, City Clerk
SEAL
Prepared by:
THE CITY OF SHAKOPEE
129 Holmes Street South
Shakopee,~ 55379
H:\CC\2006\07-17\PP _CUP _ I State.doc 17
/
....
WSB
Infrastructure - Engineering _ Planning. Construction 701 Xenia Avenue South
& Associates. Inc. Suite #300
Minneapolis, MN 55416
Tel: 763541-4800 .
Fax: 763541-1700
July 14, 2006
Mr. Bruce Loney
Public Works Director
City of Shakopee
129 Holmes Street South
Shakopee, MN 55379-1328
Re: Anticipated Cost Participation at the I-State Parcel
City of Shakopee
WSB Project No. 1281-99
Dear Mr. Loney:
As requested we have reviewed the City's cost participation for the storm sewer system north of
Fourth A venue. This cost participation is based on the City of Shakopee discharging storm water
from Fourth Avenue and area south of Fourth Avenue through the I-State parcel (formerly
United Properties) north to the culvert crossing of Shenandoah Drive just south of Chicago-St.
Paul Railroad. As you are aware, the current design of Fourth A venue storm sewer system was
developed in partnership with United Properties who requested the current location of the
discharge on to the parcel. The City of Shakopee agreed to this location with the understanding
that the City would provide additional cost participation to convey this water from the discharge
of Fourth A venue north to the culvert crossing of Shenandoah Drive.
The.cost anticipated by the City of Shakopee to convey storm water from. Fourth Avenue north
under Shenandoah Drive were anticipated to be as follows:
1. The Interstate parcel will provide NURP treatment for approximately 28 acres of land
and right-of-way tributary to parcel from FOUJ1h Avenue and areas south. Required dead
pool storage to accomplish this is approximately 3.3 acre feet.
2. Ponds on the I-State parcel would be oversized to provide rate control for the Fourth
Avenue right-of-way and the drainage areas from the south to reduce the peak discharge
rate in the 100-year storm event to 1/3 cfs per acre. Required live pool storage to
accomplish this is approximately 3.6 acre feet.
3. The City would participate in the cost to oversize the storm sewer to convey the 1/3 cfs
per acre discharge rate through the I-State parcel. The cost estimate included with this
letter anticipates the City's cost to increase the size of the storm sewer to accommodate
the City's portion of the flow, which is approximately 9 cfs, from a pond located. at the
outfall of the existing storm sewer on Fourth Avenue to the culvert crossing on
Shenandoah Drive just south.ofthe Chicago-St. Paul Railroad.
C:\J)ocuments and SettingslMNoblelLocal SettingslTemporary Internet FileslOLK9\LTR BLaney 071406 Logo.doc
Mr. Bruce Loney
July 14,2006
Page 2 of2
Based on the above design assumptions, the City anticipated participating in the cost to
accommodate the drainage from the Fourth Avenue right-of-way and areas from the south for the
amount of $111,730.00. Attached please find a breakdown of the anticipated costs associated
with upsizing the I-State storm sewer system to accommodate this drainage.
If you have any questions do not hesitate to contact me at (763)287-7182.
Sincerely,
WSB & Associates, Inc.
Todd E. Hubmer, P.E.
Project Manager
mjl
C:\Documents and Sellings\MNoblelLocal Sellings\Temporary Internet Files\OLK91LTRBLoney 071406 Logo.doc
City of Shako pee
IState - Off site Drainage Improvements 07/14/2006
WSB Project No. 1281-99 Cost Opinion
Schedule A - Storm Sewer Improvements
Item Description Unit Quantity Unit Cost Extended Cost
1 Pond Excavation CY 6,000 $4.00 $24,000.00
2 Rock Excavation at Pond CY 4,000 $15.00 $60,000.00
3 Storm Sewer Oversizing LF 1,250 $18.50 $23,125.00
4 Rip Rap, Class 3 CY 20 $80.00 $1,600.00
5 Skimmer Outlet Structure with 10" Orifice and Weir EA 1 $3,000.00 $3,000.00
Total Storm Sewer Improvements $111,730.00
City of Shakopee, MN
I State
WSB Project No. 1281-99 C:\Documents and SettingslMNoblelLocal SettingslTemporary Internet FileslOLK910jf Site Drainage Cost Estimate/or I State 7 l4 06
Hessian Attorneys at Law
& McKasy P.A.
Lee A. Henderson
(612) 746-5750
Ihenderson@hessianmckasy.com
July 13, 2006
By E-Mail
Mr. Mark Noble, Planner II
City of Shakopee
129 Holmes Street South
Shakopee MN 55379
Reference: I-State Truck Center
E./. No. 04082.04
Dear Mr. Noble:
This letter will formally respond to the "Conditions for I-State's CUP" dated July 6, 2006
submitted by certain neighbors with respect to I-State's pending conditional use
application. Although the document was touted as "new conditions" at the Planning
Commission hearing, the document is in reality, mostly a rehash of issues raised on
numerous occasions in the past by certain of the neighbors. Many of the issues are
dealt with in Mr. Leuthold's letter to you dated May 11, 2006 ("May 11 Letter") or the
Power Point Presentation dated May 18, 2006 ("Power Point Presentation").
Nevertheless, I-State will respond to each of the proposed conditions.
1. Proposed building layouts should be revised to require the corporate office facility
to be nearest 4th Avenue on what I-State has proposed as Lot 3. The Power
Systems building should be moved to be on what I-State has proposed as Lot 2.
RESPONSE: See "Campus Layout" section of the May 11 Letter and Power
Point Presentation at p. 4. It is ironic that this issue continues to surface, as the
neighbors have used the corporate office facility to argue against the approval of
the plat, arguing that it is not a permitted use in an 1-1 area. Yet, they continue to
want Interstate to move the office building to a different location on the site. The
configuration of the PowerSystems building and corporate headquarters are not
part of the pending CUP application and therefore not currently an issue before
the City Council. The location of the buildings on Lot 2 will be dealt with when
they are ready to be built.
901 Ford Centre 420 North Fifth Street Minneapolis. MN 55401 T: (612) 746-5750. F: (612) 746-5755
Mark Noble
July 13, 2006
Page 2 of 5
2. Allow one access from the proposed development onto 4th Avenue for
emergency vehicles only (Le. ambulance, fire truck, and police car).
RESPONSE: See the Campus Layout section of the May 11 Letter and Power
Point Presentation at p. 10. We have represented that we believe the vast
majority of traffic will utilize Highway 101 and Shenandoah Drive to access the
facility. Even the City Code would permit numerous access points on 4th
Avenue, particularly since it is a major collector, we have sought to be responsive
to expressed concerns by limiting the access points along 4th Avenue to a single
location. The other limitations suggested are unreasonable.
3. Shall provide a 70 foot deep outlot along 4th Avenue (consistent with the
residential outlot of Pinewood Estates), providing additional tree and vegetation
plantings in place of removed frees and vegetation.
RESPONSE: See "Transition Between Light Industrial Uses And Land South of
4th Avenue" in the May 11 Letter and Power Point Presentation at pp.11-12. The
City Code requires a 20 foot buffer. Interstate has agreed to provide a 50 foot
buffer. The 50 foot buffer was what the neighbors requested in their proposed
Conditions dated May 15, 2006. Now they want 70 feet. The proposed
modification is unreasonable and not required by the City Code. In addition, the
building(s) on Lot 2 are not being approved at this time and not before the City
Council. So there will remain a significant natural barrier between the I-State
Truck Center site on Lot 1 and 4th Avenue until such time as the second phase of
the development occurs.
4. Shall provide a solid free/berm/fence screen along 4th Avenue to buffer this
development from the adjacent residential development consisting of; 8-10 foot
White Pine trees before a 6 foot cedar fence, and 15-20 foot relocated White
Pine trees behind the cedar fence. The natural screening will receive care for
growth throughout the 1st year by a professional watering and care service.
RESPONSE: See "Transition Between Light Industrial Uses And Land South of
4th Avenue" in the May 11 Letter and Power Point Presentation at pp. 11-12.
Interstate intends to provide a significant buffer along 4th Avenue. The specifics
of this request go beyond anything required by the City Code. See also
response to Item 3 above.
5. Shall not operate any sales or service between the hours of 6:00 p.m CST.;. 7:00
a.m CST, Monday through Sunday. An emergency skeleton staff is not allowed.
RESPONSE: See the "Hours of Operation" section of the May 11 Letter and
Power Point Presentation at p. 13. As I-State has stated, the significant majority
of its staff works regiJlar hours. The requested condition is inconsistent with.'-
State's contractual obligations to Freightliner and is unacceptable.
Mark Noble
July 13,2006
Page 3 of 5
6. Shall conduct sales and service within an enclosed structure (allservice bay
doors closed unless a vehicle is entering or exiting).
RESPONSE: See Power Point Presentation dated May 18, 2006 at pp. 7 & 14.
In addition, the area along Highway 101 has always been designated as a sales
lot for truck sales. While the major portion of sales activities will occur indoors,
there will be some activities on the sales lot. This requirement is like telling the
homeowners that they cannot leave their doors or windows open on a pleasant
spring day. To the extent that this requirement is directed at noise or pollution
issues, see the Power Point Presentation at pp. 5-9. In addition; the concerns
largely do not apply to the I-State Truck Center facility which is on the northern
most portion of this property, a long distance from any of the neighbors.
7. Signs indicating "Main Entrance" will be required on the corners of 4th Avenue
and Shenandoah and Highway 101 and Shenandoah.
RESPONSE: I-State will fully comply with the signage requirements of the City
Code. This is currently not an issue as the I-State Truck Center facility will only
have entrances on Shenandoah. The question of signage for the buildings on
Lot 2 will be dealt with when those buildings are ready to be built.
8. Shall keep all outdoor garbage dumpsters in an enclosed structure and screened
from visibility at all times.
RESPONSE: See "Miscellaneous Issues" in the May 11 Letter. I-State will
comply with the City Code with respect to handling trash.
9. Shall sell products only within the principal structure.
,
RESPONSE: See response to Item #6 above. There is only one structure on
the I-State Truck Center lot, and that is where product sales will take place.
10. Shall have no outside storage or display or accessory structures.
RESPONSE: See my letter to Jim Thomson dated June 30, 2006 regarding the
requirements for the conditional use permit. Outside display and temporary
storage is obviously an integrated part of the I-State Truck Center operation and
a permitted use within the 1-1 zoning district.
11. Shall not store any vehicles which are unlicensed or inoperative for more than
seven days; beyond seven days, an unlicensed or inoperative vehicle will be
considered "abandoned" and may be impounded by the city.
RESPONSE: I-State is not sure the source of this concern. There is nothing in
the City Code that we can locate that would permit the imposition of a condition
of this nature. As a practical matter, over the last 20 years, as Interstate's
principal lawyer dealing with over 20 different locations in 8 states, I can recall
Mark Noble
July 13, 2006
Page 4 of 5
less than 10 occasions where abandonment of a vehicle ever arose. In such
circumstances, we took the proper actions to dispose of the vehicle as soon as
practicable. The rarity of this circumstance is driven by the general age of the
vehicles serviced and nature of the general clientele. This has not been a
problem issue, but it would be inappropriate to impose such a condition. In fact, I
would suspect that such a requirement would be illegal, as a deprivation of the
property rights of the third parties who may actually own the vehicles.
12. Shall have no on street parking; trucks and automobiles are not allowed to be in
a parked position along the shoulder of Shenandoah Street or 4th Avenue.
RESPONSE: It is our understanding that parking is currently restricted along
both 4th Avenue and Shenandoah. Whatever city requirements are adoptedwith
respect to parking on those two streets will be complied with by I-State. As a
practical matter, I-State has always intended to provide sufficient parking on site.
13. Every exterior surface which has had a surface finish such as paint or stain
applied shall be maintained to avoid noticeable deterioration of the finish. No wall
or other exterior surface shall have peeling, cracked, chipped or otherwise
deteriorated surface finish.
RESPONSE: I,.State will comply with whatever city code provisions apply to
general maintenance of exterior surfaces. As a practical matter, I-State takes
very good care of its buildings. The suggestions in this "condition" go far beyond
anything that is required of the residents with respect to their own houses.
14. The emission of smoke or particulate matter is prohibited where such emission is
visible or can be smelled beyond the property line.
RESPONSE: See "Environmental Compliance" in the May 11 Letter and Power
Point Presentation at pp. 6-9. I-State will comply with all OSHA, city and state
requirements with respect to environmental issues. This issue has been
addressed on multiple occasions previously with respect to diesel emissions. Do
trains traveling on the train tracks have this requirement?
15. Odors: The emission of odorous matter in such quantities as to be readily
detectable beyond the boundaries ofthe immediate site is prohibited.
RESPONSE: See "Environmental Compliance" in the May 11 Letter and Power
Point Presentation at pp. 6-9. I-State will comply with all OSHA, city and state
requirements with respect to environmental issues.
16. Vibrations: Any use creating periodic earthshaking vibrations shall be prohibited if
such vibrations are perceptible beyond the boundaries of the immediate site.
RESPONSE: See "Environmental Compliance" in the May 11 Letter. I-State will
comply with all OSHA, city and state requirements with respect to environmental
issues. The City does not have the right to impose unilateral conditions on 1-
r Mark Noble
July 13, 2006
Page 5 of 5
State not required of other similar uses. This specific request is also very vague.
17. Glare or Heat: Any operation producing intense glare or heat shall be performed
within a completely enclosed building.
RESPONSE: See "Environmental Compliance" in the May 11 Letter. I-State will
comply with all OSHA, city and state requirements with respect to environmental
issues. The City does not have the right to impose unilateral conditions on 1-
State not required of other similar uses. This specific request is also very vague.
As a practical matter, as has been stated many times, any significant work is
done indoors.
18. The city of Shakopee reserves the right to amend and add conditions to the
conditional uses as amenities are added.
RESPONSE: I-State does not understand what "as amenities are added"
means. As a general rule, the City may not unilaterally add "conditions" to the
CUP once issued. I-State and Interstate have always been good citizens
wherever their buildings have been located. We expect the same to be true in
Shakopee.
19. Property values will be guaranteed (in writing) as such that the property values
will stay even with other comparable properties in Shakopee of similar lot size,
with homes of similar finished square footage and/or total square feet, as well as
year built.
RESPONSE: See "Miscellaneous Issues" in the May 11 Letter and Power Point
Presentation at p. 15.
As has been true in the past, the neighbors who are objecting to the project continue to
do so without any facts to support their complaints. They have provided no factual
basis to support any claim related to noise, pollution, traffic or any other issue.
Generalized complaints about a use otherwise permitted is not a basis to deny the
conditional use permit. See Bartheld v. County of Koochiching, No. A05-2124 (Minn.
App. July 11, 2006) If you have further questions about any specific issue, please let
me know and we will address it promptly.
Very truly yours,
~~
Lee A. Henderson
~'
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I
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CITY O.F, SHAKO PEE
Memorandum
CASE NO.: 06-029
TO: Shakopee Planning Commission
FROM: Mark Noble, Planner II
SUBJECT: Preliminary Plat of Interstate Subdivision and Conditional Use Permit
for Truck Sales/Service in the Light Industry (I-I) Zone.
MEETING DATE: July 6, 2006
REVIEW PERIOD: February 10, 2006 - June 9, 2006 (Applicant granted a 90-day
extension, extending the review period to September 7, 2006)
INTRODUCTION
I-State, LLC submitted an application for preliminary plat approval and for conditional use
permit (CUP) approval for a truck sales and service facility on one ofthe proposed lots.
Because the CUP application is closely related to a land use application requiring
consideration by both the Planning Commission and City Council (i.e. the plat preliminary
plat application), the City Council (not the Planning Commission) will make the final decision
on both the plat and CUP requests. (See City Code Sec. 11.84, Subd. 1.A.)
In preparing this report for the Commission, staffhas had to exercise some discretion
regarding documents to be included. Accompanying this report for the Commission's
information are the following documents;
0 Memorandum of City Attorney James Thomson dated July 3,2006;
0 Letter ofI-State attorney Lee Henderson to James Thomson dated June 30, 2006 in
response to attorney Karen Marty letter of June 28, 2006;
0 May 15,2006 memorandum of resident Chris Gorton setting forth recommended
conditions for I-State CUP;
0 I-State PowerPoint presentation to Planning Commission dated May 18, 2006;
0 Table submitted by I-State on June 6, 2006 setting forth data regarding anticipated age
of vehicles to be repaired at I-State facility;
0 May 31,2006 article submitted by I-State regarding pollutant levels from new
generation of diesel fuel and trucks;
0 May 11, 2006 from John Wingard, P.E./WSB to City Public Works Director Bruce
Loney regarding proposed preliminary plat, grading, drainage, sanitary sewer and
water main plans;
0 May 10, 2006 letter from Rick Leuthhold/Engineering, Inc. on behalf of the applicant
to Mark Noble, Planner I;
0 Preliminary plat drawing revised 6/28/2006;
0 Grading and Erosion Control Plan revised 6/28/2006;
H:\BOAA-PC\2006\07-06 DRAFTS\PP_ CUP _I State0703.doc I
0 Stormwater Management Plan revised 6/28/2006;
In reaching its determination, the Commission, of course, can consider any information
presented to it over the past several months as a part ofthe public hearing record, even though
it is not specifically made a part of this report.
DISCUSSION:
The subject property is located north of 4th Avenue East, west of Shenandoah Drive, and
south ofCSAH 101. The original submittal proposed the creation offive (5) lots. The most
recent revised plat submittal by the applicant proposes the platting of two (2) lots (11.0 and
14.7 acres in size) and an outlot (20.4 acres in size).
The applicant proposes to construct a 68,971 square foot truck sales/service facility in their
initial phase (Lot 1), with subsequent phases proposed to include a 20,000 square foot
corporate headquarters building and a 90,000 square foot power systems facility (sales facility
dedicated to large scale generator and motor applications). While there has been much
testimony about the power systems facility, neither it nor the corporate headquarters are the
subject of the current plat or CUP application. The applicant would have to make separate
application for CUP for those future phases. Thus, this report does not attempt to identify
conditions that would be placed on those uses at this time. However, the applicant has been
put on notice that the corporate headquarters use is not permitted in the 1-1 Zone, which
provides that offices, when located within the principal structure and directly associated with
another permitted use, are listed permitted uses. The applicant has indicated that their
expected timeframe for submittal of an application for CUP approval for the power systems
facility is anticipated in 2007. At the time such application would be received, staff would
review the request for compliance with the listed permitted/conditional uses, and compliance
with the City's design and performance standards as identified in the City Code. The
proposed uses and time of development of the outlot area are not yet determined. This CUP
request pertains only to the I-State Truck Center proposed for Lot 1.
The Commission opened the public hearing on the preliminary plat and CUP application at
their March 23,2006 meeting, and has continued the public hearing and taken extensive
testimony at the April 6th, April 20th, May 4th, and most recently the May 18, 2006 meeting.
At each ofthese meetings, new testimony has been taken and additional questions passed by
the residents in attendance. Additionally, throughout this entire process, staff received
numerous calls, e-mails, and other written communications between the Commission meeting
dates. In this regard, the Commission might note the June 28th letter received from attorney
Karen Marty on behalf of the neighborhood residents, and the June 30th letter in response
from Lee Henderson, attorney for I-State. In addition, some ofthe documents used in
testimony at each of the Commission meetings were not submitted for the public record.
These factors have made it somewhat difficult to respond to all of the concerns and questions
raised.
The applicant has conducted several neighborhood meetings in an effort to discuss the issues
relevant to the residential neighbors. In addition, the neighborhood residents have held a
number of meetings including members ofthe City Council.
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Based on the public hearing comments and those comments raised by the neighbors and City
staff, the applicant has submitted revisions to their plans intended to address those comments.
The applicant also submitted an eight (8) page letter that is intended to answer a number of
questions and issues that have been raised by staff, Commission, Council, and the residential
neighbors. Those plans and letter are attached for the Commission's information.
Additionally, staff has provided several documents that have been received from residential
property owners who live in the vicinity oftms project. One ofthe recent submittals from the
applicant acknowledges the location of a Red Tail Hawk nest, and has identified a 325 foot
radius around the nest that will remain undisturbed until such time that the hawks have left the
nest, consistent with United States Fish and Wildlife Service requirements for the Migratory
Bird Treaty Act. Copies of this information are available in the City's Case File for this
project (File No. PC06029).
CONDITIONAL USE PERMIT:
City Code Sec. 11.88.Subd. 1. Purpose., provides as follows;
It is the intent of the City in establishing general and specific criteria for conditional
uses that such uses be subject to careful evaluation to ensure that their location and
design are consistent with the standards, purposes and procedures ofthis Chapter and
the Comprehensive Plan, and do not have a detrimental impact on neighboring
properties. The Board of Adjustment and Appeals may impose conditions on such
uses in order to ensure compliance or to effect the purpose of this Chapter.
Further, Subd. 2 of the same section of the City Code provides that". . . the Board of
Adjustment and Appeals will consider the specific standards contained in this subdivision
when deciding whether a conditional user permit should be granted." (Emphasis added) In
other words, while the Commission is entitled to apply these standards to a specific use, it is
not obligated to make sure that all ofthe stated standards are complied with. The
Commission may consider the specific circumstances regarding a specific proposal to
determine if the standards should be applied. Regarding a) retail sales of products
manufactured, fabricated, assembled, or stored on site) and b) vehicle repair, City Code Sect.
11.88, Subd. 2. Y. and Subd. 2.BB. set forth the following standards for consideration in
connection with the requested uses:
1. shall.sell products only within the principal structure.
2. shall limit the area devoted to display and sale of the projects to no more than 15% of
the principal structure or 2,000 square feet within the principal structure, whichever is
less.
3. shall not require or result in exterior building modifications.
4. shall have no outside storage or display or accessory structures.
5. shall submit a sign plan.
6. shall not store any vehicles which are unlicensed or inoperative for more than seven
(7) days.
7. shall screen all storage areas.
8. shall not be, located 0l1, ~ lot or parcel ofland within 200 feet of any residential zone.
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The attached memorandum from the City Attorney sets forth the basis for concluding that the
proposed truck sales/service facility is a conditionally permitted use under the City's 1-1
Zone, and those points will not be reiterated here. However, regarding the standards listed
above, staff suggests that the Commission, in evaluating the applicability of numbers 1 to 3
can take into account the location of proposed Lot 1 on CR 101, some distance from the
nearby residential areas. Staff would also note with respect to number 5 above that the City's
past practice for several years has been to require approval of separate sign permits, rather
than of a sign plan as part of a CUP
FINDINGS
City Code Sec. 11.85. CONDITIONAL USE PERMITS. Provides that a CUP will not be
granted without making the following findings, to wit;
Criteria #1 The use will not be injurious to the use and enjoyment of other property in
the immediate vicinity for the purposes already permitted, nor substantially
diminish and impair property values within the immediate vicinity;
Criteria #2 The establishment of the conditional use will not impede the normal and
orderly development and improvement of surrounding vacant property for
uses allowed in the area;
Criteria #3 Adequate utilities, access roads, drainage, and other necessary facilities have
been or will be provided;
Criteria #4 The use is consistent with the purposes of the zone in which the applicant
intends to locate the proposed use;
Criteria #5 The use is not in conflict with the Comprehensive Plan.
As a practical matter, the specific findings adopted in granting a conditional use permit must take
account ofthe specific evidence on record. In reviewing the record on this specific request for
conditional use permit approval, staff has prepared the following draft findings for use by the
Commission in its discussion regarding its recommendation to the City Council on the CUP.
Finding #1 The proposed use of Lot 1 for truck sales and repair is permitted as a conditional
use under City Code Sec. 11.44. LIGHT INDUSTRYZONE (I-l).Subd. 3.
Conditional Uses, specifically under the following;
C. vehicle repair; and
D. retail sales of products manufactured, fabricated, assembled or
stored on site.
Finding #2 Even if the proposed use for truck sales and repair were not permitted under the
provisions identified in Finding # 1, the Commission determines under City Code
Sec. 11.44, Sub. 3. P, that the proposed truck sales and repair is similar to other
uses permitted under said subdivision (most notably Item F. commercial vehicle
rental facilities), and may be allowed with a conditional use permit.
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Finding #3 The proposed truck sales and repair facility, developed and operated under the
proposed conditions, will not be injurious to the use and enjoyment of other
property in the immediate vicinity for the purposes already permitted, nor
substantially diminish and impair property values within the immediate vicinity,
provided the conditions noted in the resolution are met.
Finding #4 The establishment of the truck sales and repair conditional use will not impede
the normal and orderly development and improvement of surrounding property
for uses allowed in the area, provided the conditions noted in the resolution are
met.
Finding #5 Adequate utilities, access roads, drainage, and other necessary facilities exist to
serve the proposed use, provided the conditions noted in the resolution are met.
Finding #6 The use is consistent with the purposes of the Light Industry Zone, provided the
conditions noted in the resolution are met.
Finding #7 The proposed use is consistent with the purposes of the Comprehensive Plan,
which guides the subject property for industrial use.
Regarding this sales/service facility, their proposal includes a sales lot for their over-the-road
long haul and short haul semi trucks. As part ofthis request, the Commission should consider
and recommend specific conditions that are different than those identified above (and in the
attached resolution), as they pertain to the location and magnitude of area allowed for display
of these trucks. One such condition could be similar to a condition incorporated into exterior
storage uses, which is that the area of display/stored vehicles not exceed the area ofthe
principal and accessory buildings. Another listed conditional use in the I-I Zone which has
some similar activities to the proposed truck sales/service facility is commercial vehicle rental
facilities, which includes standards such as 1) shall not wash any vehicle except within a
building; 20 shall not repair or maintain any vehicle on site, except in an enclosed structure;
3) shall have all outside parking facilities at least 100 feet from any residential zone; and 4)
shall screen all outside parking facilities from any adjacent residential zone.
Additionally, the applicant is requesting approval of concrete pin-down curbing along the
perimeter asphalt surface areas, rather than perimeter curb and gutter, which is a requirement
staffhas recommended. The Commission should also consider this request as part oftheir
recommendation.
The Engineering Department has reviewed the application and provided comments (Exhibit
E), noting a number of conditions that have the potential to significantly affect the
Preliminary Plat and Conditional Use Permit applications. These comments have been
attached for the Commission's review. Should the Planning Commission choose to approve
the Preliminary Plat and/or Conditional Use Permit, engineering staff recommends this
approval be contingent upon the conditions noted in the memorandum being addressed by the
applicant. Additionally, should the Planning Commission choose to approve the Preliminary
Plat and/or Conditional Use Permit, engineering staff recommends this approval be contingent
upon the storm water management plan being approved by the City of Shakopee prior to
consideration ofthe Preliminary Plat and/or CUP by the City Council.
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The Police Department has provided a memorandum that identifies several issues and
concerns. The applicant has submitted a letter that addresses the Police Department's
concerns; however, staff has still included conditions in the draft language that pertain to the
concerns raised by the Police Department. The Commission may recommend additional
conditions to ensure that the findings required for approving this Conditional Use Permit
would be met.
Ryan Hughes, Natural Resources Specialist, has provided a memorandum that summarizes the
Environmental Advisory Committee's recommendation. The Environmental Advisory
Committee recommended approval ofthe Preliminary Plat for the I State Truck Center and
the proposed impacts and mitigation measures to the water conveyance system, water quality,
wetlands, woodlands, grasslands, soils, wildlife habitat, and noise to the Planning
Commission and City Council with the conditions noted in the memorandum. Those
conditions have been incorporated into the list of recommended conditions of approval.
Shakopee Public Utilities has provided a memorandum, noting that a 12 inch watermain
extended from the site's northwest property comer east to Shenandoah Drive, then south to 4th
A venue is required to receive municipal water service per the adopted design criteria.
Shakopee Public Utilities staff noted that the preliminary water service plan shown is not
acceptable, and that they require revised plans that conform to their requirements.
Time Warner submitted a memorandum, noting that any impact this development has, as far
as adjusting or relocating existing facilities, is subject to reimbursement to Time Warner
Cable applicable costs of relocation/adjustment and subject to scheduling of work requested.
AL TERNATlVES
Preliminary Plat Request:
1. Offer a motion to recommend to the City Council the approval of the preliminary plat
subject to conditions as presented by staff.
2. Offer a motion to recommend to the City Council the approval of the preliminary plat
subject to revised conditions.
3. Offer a motion to recommend to the City Council denial of the request for preliminary plat
approval.
4. Offer a motion to continue the public hearing to request additional information from the
applicant and/or staff.
5. Close the public hearing, but offer a motion to table the matter, and request additional
information from the applicant and/or staff.
Conditional Use Permit Request:
6. Offer a motion to recommend to the City Council the approval of a conditional use permit
for truck sales/service with conditions as presented.
7. Offer a motion to recommend to the City Council the approval of a conditional use permit
fortruck sales/service, with revised conditions.
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8. Offer a motion to recommend to the City Council the denial of a conditional use permit
for truck sales/service.
9. Offer a motion to continue the public hearing to request additional information from the
applicant and/or staff.
10. Close the public hearing, but offer a motion to table the matter, and request additional
information from the applicant and/or staff.
The Commission may act on both the preliminary plat and conditional use permit request with
one motion incorporating the findings and conditions contained in this report, or other
findings and conditions the Commission deems appropriate.
STAFF RECOMMENDATION REGARDING THE REQUEST FOR PRELIMINARY
PLAT AND CONDITIONAL USE PERMIT APPROVAL:
After consideration of the application, revisions, and public hearing record, staff recommends
that the Planning Commission consider recommending to the City Council the approval ofthe
proposed preliminary plat and conditional use permit for truck sales/service, with the
following proposed findings and conditions:
Proposed Findings Related to Preliminary Plat (City Code Sec. 12.08, Subd. 3.B.3.:
Finding #1 The proposed preliminary plat, if developed under the conditions proposed
herein, complies with the requirements for approval of a plat under City Code
Chapter 12 generally.
Finding #2 The subject site contains bedrock materials very close to the surface. To the
extent possible while yielding buildable sites, the proposed plat preserves the
site's natural features. To the extent that natural features such as woodland
areas on the site cannot be preserved, the plat will be required to comply with
City Woodland Management and Landscaping requirements.
Finding #3 The proposed plat does not involve the construction of any additional public
roadways, but rather will utilize existing roadways that were developed and
constructed with industrial use in mind.
Finding #4 Installation of sanitary sewer, storm water management, and water facilities as
a part of this plat from existing facilities will facilitate the future development
of adjacent and nearby vacant 1-1 zoned land.
Proposed Findings Related to Conditional Use Permit for Truck Sales and Repair:
Finding #1 The proposed use of Lot 1 for truck sales and repair is permitted as a conditional
use under City Code Sec. 11.44. LIGHT INDUSTRY ZONE (I-1).Subd. 3.
Conditional Uses, specifically under the follOWing;
E. vehicle repair; and
F. rf1tgtl sales of products manufactured, fabricated, assembled or
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stored on site.
Finding #2 Even if the proposed use for truck sales and repair were not permitted under the
provisions identified in Finding # 1, the Commission determines under City.Code
Sec. 11.44, Sub. 3. P., that the proposed truck sales and repair is similar to other
uses permitted under said subdivision (most notably Item F. commercial vehicle
rental facilities), and may be allowed with a conditional use permit.
Finding #3 The proposed truck sales and repair facility, developed and operated under the
proposed conditions, will not be injurious to the use and enjoyment of other
property in the immediate vicinity for the purposes already permitted, nor
substantially diminish and impair property values within the immediate vicinity,
provided the conditions noted in the resolution are met.
Finding #4 The establishment of the truck sales and repair conditional use will not impede
the normal and orderly development and improvement of surrounding property
for uses allowed in the area, provided the conditions noted in the resolution are
met.
Finding #5 Adequate utilities, access roads, drainage, and other necessary facilities exist to
serve the proposed use, provided the conditions noted in the resolution are met.
Finding #6 The use is consistent with the purposes of the Light Industry Zone, provided the
conditions noted in the resolution are met.
Finding #7 The proposed use is consistent with the purposes of the Comprehensive Plan,
which guides the subject property for industrial use.
Additional Findings Related to Conditional Use Permit:
Criteria #1 The use will not be injurious to the use and enjoyment of other property in
the immediate vicinity for the purposes already permitted, nor substantially
diminish and impair property values within the immediate vicinity;
a. The proposed site of the truck sales and repairfacility is located on the
northern portion of the overall site,furthestfrom, and not adjacent to the
nearby residential areas;
b. The applicant's proposal will provide substantial screening, in that as a part
of the plat the applicant will provide berming and 6-8 foot conifers for
screening purposes along Fourth Avenue.
c. The applicant has submitted information that verifies that about 72% of
trucks that the proposed facility would service are likely to be 2005 models or
newer, and thus, a significant number of them subject to new, even more
stringent pollution control regulations. The information submitted by the
applicant further indicates that almost all trucks that would be serviced
would be newer than 1998 models.
d. The applicant has submitted testimony that hours of operation would
generally be limited to the hours of 7:00 a.m. to 6:00p.m., Monday through
Friday. Test drives would be limited in number, take place during normal
hours ojoperation, and would generally take place on CR 101 rather than
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Fourth Avenue. A skeleton staffwould provide after hours emergency
service.
e. While concerns have been raised by a number of residents about possible
diminution of property value, no empirical data has been submitted that
would support that conclusion. Data outlined to the Commission about
current values in the area varying based on proximity to the site is likely the
result of normal market forces taking account of different locational factors
in the area.
Criteria #2 The establishment of the conditional use will not impede the normal and
orderly development and improvement of surrounding vacant property for
uses allowed in the area;
a. The proposed truck sales and repair facility will not impede the development
of nearby residential areas, as those have already been developed and
constructed on.
b. Future use of the lots adjacent to Fourth Avenue will be subject to City
review to insure that they are compatible with adjacent uses.
Criteria #3 Adequate utilities, access roads, drainage, and other necessary facilities have
been or will be provided;
a. The recent design and reconstruction of Fourth Avenue was undertaken with
the specific intent to provide a roadway that would meet the needs of already
existing industrial uses along Fourth Avenue and vacant industrially-zoned
sites, as well as the residential areas to the south, both in terms of total traffic
volumes and carrying capacity of the street itself
b. The storm drainage system incorporated into the reconstruction of Fourth
Avenue was specifically sized for the eventual development of the
industrially-zoned sites on either side of Shenandoah Parkway.
c. Because the proposed truck sales and repair facility would have vehicle
access from Shenandoah Parkway, it should have little impact of traffic
volumes on Fourth Avenue
Criteria #4 The use is consistent with the purposes of the zone in which the applicant
intends to locate the proposed use;
a. Because the proposed truck sales and repair facility is located a substantial
distance from the residential areas to the south; because it's access would be
primarily from CR 101 and Shenandoah Parkway; and because its general
hours of operation would be between 7:00 a.m. and 6:00p.m., the use is
consistent with the purposes of the /-1 Zone.
Criteria #5 The use is not in conflict with the Comprehensive Plan.
a. The use proposed for the site is consistent with the guided use.
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Proposed Conditions of Approval:
I. The following procedural actions must be completed prior to the City Council
review of the Preliminary Plat:
A. The City Engineer shall have approved the applicant's storm water
management plan for the site.
B. All submitted plat drawings/documents shall be signed by a land surveyor
under licensed under the laws ofthe State of Minnesota.
C. All submitted grading and erosion control plans and street and utilities
plans shall be signed by a professional engineer licensed under the laws of
the State of Minnesota.
D. The utilities plan for the site shall be redesigned so that all sanitary sewer
services shall have a minimum of nine (9) feet of cover, and the revised
plan shall be approved by the City Engineer.
1. To obtain adequate cover over the proposed sanitary sewer services,
the applicant should consider either additional rock excavation
and/or using additional filUo raise the site.
E. A 12 inch watermain extended from the site's northwest property comer
east to Shenandoah Drive, then south to 4th Avenue is required to receive
municipal water service per the adopted design criteria. The Preliminary
water service plan shown is not acceptable. Shakopee Public Utilities
require revised plans that conform to their requirements prior to
consideration of the preliminary plat request by the City Council.
II. The following items shall apply or be completed prior to approval of a
grading permit and/or a street/utility plan:
A. The applicant shall not engage in any land disturbing activity on the site
prior to the issuance of a grading permit by the City of Shakopee.
B. No public improvements shall be constructed until both the City Engineer
and the Shakopee Public Utilities Commission (SPUC) approve the Final
Construction Plans and Specifications.
C. The applicant shall obtain a NPDES permit prior to any land disturbing
activity. A copy ofthis permit shall be provided to the City.
D. The applicant shall. obtain the necessary approvals/permits for proposed
improvements within the City of Shako pee's right-of-way and drainage and
utility easements prior to construction.
III. The following procedural actions must be completed prior to the recording of
the Final Plat:
A. Approval of title by the City Attorney.
B. Execution of a Developer's Agreement, which shall include provisions for
security for public improvements within the plat and the engineering
review fees, and any other fees as required by the City's adopted fee
schedule.
1. The developer shall be responsible for payment of Trunk Storm Water
Charges, Trunk Sanitary Sewer Charges, Trunk Storm Water Storage
and Treatment Charges, security for the public improvements,
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engineering review fees, and other fees as required by the City's most
recent adopted Fee Schedule.
2. Street lighting to be installed in accordance with the requirements of
the Shakopee Public Utilities Commission.
3. Electrical system to be installed in accordance with the requirements of
the Shakopee Public Utilities Commission.
4. Water system to be installed in accordance with the requirements of the
Shakopee Public Utilities Commission.
C. The applicant shall be required to enter into an encroachment agreement
with the City for all parking lots located within drainage and utility
easements containing public utilities.
D. The applicant shall provide suitable easements for access to all adjacent
properties utilizing the private sanitary sewer and the private storm sewer
systems. The easements shall be approved by the City prior to recording of
the plat. Maintenance of these private utilities shall be the responsibility of
the applicant.
E. Minimum drainage and utility easements for public sanitary sewer and
public storm sewer shall be provided at a one (1) to one and a half(I.5)
ratio, depth versus width. The easements shall be a minimum of twenty
(20) feet and shall be centered along the utility alignment.
F. Easements shall be shown on the Final Plat as approved by the City
Engineer.
G. Simultaneous to the recording ofthe plat, a deed restriction shall be
recorded on all drainage and utility easements as designated by the City of
Shakopee.
The Deed Restriction shall appear as the following:
"This conveyance is made conditioned upon and subject to the following
restriction. The Grantee, heirs, successors and assigns, are restricted from
erecting any fence or other structure within the utility and drainage
easements dedicated by plat over the above-described property, except with
the prior written consent of the City of Shakopee. This restriction shall run
in favor of and be enforceable by the City of Shakopee."
H. The survey data (length and bearings) shall be shown for each lot.
I. Shall comply with the conditions concerning outlined in the memorandum
from John Wingard ofWSB & Associates, Inc. dated May 11, 2006.
P. Shall provide electronic (Auto CAD) files of the Final Plat to the
Engineering Department.
IV. Following approval and recording of the final plat, the following conditions
shall apply to both the preliminary plat and the truck sales/service facility on
Lot 1:
A. The applicant shall submit a landscaping plan for review and approval by
the City of Shako pee Natural Resource Specialist.
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B. The applicant shall replace all trees that are to be cut down with the
appropriate number and species to be determined by the Natural Resources
Specialist and the Woodland Management Ordinance.
C. The applicant shall provide six (6) inches of topsoil below areas to be
sodded. The soil composition should be similar to the MnDOT topsoil
borrow requirements.
D. The applicant shall provide rain sensors for any irrigation system.
E. The applicant shall provide storm water computations for the proposed site
to insure the downstream system can accommodate the runoff.
F. The applicant shall provide inlet protection to the storm sewer catch basin
consistent with City standards.
G. The applicant shall implement the use of Best Management Practices for
erosion control and stormwater management during construction.
H. The applicant shall utilize the MPCA Protecting Water Quality in Urban
Areas as a technical reference for erosion control.
I. Silt fence and/or tree protection fence is to be removed following
establishment of vegetation as determined by an inspection by City staff.
J. The applicant must meet the City's Woodland and Tree Management
Ordinance requirements.
K. The applicant shall plant replacement trees hardy to Scott County climates.
Recommended tree species to utilize in this area are:
a. Hackberry (Celtis occidentalis)
b. Northern Catalpa (Catalpa speciosa)
c. Bur oak (Quercus macrocarpa)
d. White cedar (Thuja occidentalis)
e. Eastern white pine (Pinus strobes)
L. The applicant shall receive approval from the City prior to clearing and
grubbing for all phases. The applicant is approved to clear and grub for
Phase 1, Phase 2, and Phase 3. Additionally, the applicant is approved to
clear and grub a staging area in Phase 4 and the north side of Phase 5 to
acco1;lll1lodate utility installation.
M. Any impact this development has, as far as adjusting or relocating existing
facilities, is subject to reimbursement to Time Warner Cable applicable
costs of relocation/adjustment and subject to scheduling of work requested.
J. The soils on site shall be subject to sampling and testing at the City's
discretion. The cost associated with the testing, and if necessary, the
removal of any material deemed unacceptable by the City shall be the
applicant's responsibility.
N. Building construction, sewer, water service, fire protection and access will
be reviewed for code compliance at the time of building permit
application(s).
O. The developer and/or their assigns shall be responsible for any required or
desired noise or dust mitigation measures.
Q. The applicant shall meet the screening and landscaping ordinance
requirements ofthe City Code.
H:\BOAA-PC\2006\07-06 DRAFTS\PP _ CUP _I State0703.doc 12
VISIONING RELATIONSHIP .
Action on these requests relates to Goal D: "Vibrant, resilient and stable"
ACTION REQUESTED
Offer a motion to recommend to the City Council the approval of the proposed preliminary
plat and conditional use permit for a truck sales/service facility with findings and conditions
as set forth above, or with revised conditions.
Mark Noble, Planner II
H:\BOAA-PC\2006\07-06 DRAFTS\PP _CUP _I State0703.doc 13
1
~.
470 US Bank Plaza
200 South Sixth Street
Minneapolis MN 55402
&
(612) 337-9300 telephone
(612) 337-9310 fax
http://www.kennedy-graven.com
CHARTERED
MEMORANDUM
TO: Mayor and City Council
FROM: James Thomson, City Attorney
DATE: July 3, 2006
RE: I-State Subdivision and CUP Application
Backl!round
The purpose of this memo is to respond to legal issues pertaining to the I-State matter. I-State
has submitted two applications to the City: (1) A subdivision application; and (2) a conditional
use permit application. The staff report adequately summarizes the details of I-State's
applications, so I will not repeat those details in this memo. Lee Henderson, I-State's attorney,
and Karen Mary, the attorney for some nearby residents, have submitted letters setting forth their
respective legal positions. I will separately address the legal issues associated with each
application.
Subdivision Application
The issue involved in a subdivision application is whether the proposed lots meet all of the
requirements in the city's subdivision regulations. A city does not have discretion to deny a
preliminary plat that meets all the requirements of the city's subdivision regulations. PTL. LLC
v. Chisago County, 656 N.W.2d 567 (Minn. Ct. App. 2003). The ultimate use of the property is
not a factor in deciding whether a preliminary plat should be approved. Hurrle v. County of
Sherburne, 594 N.W.2d 246 (Minn. App. 1999); Good Value Homes. Inc. v. City of Eagan, 410
N.W.2d 345 (Minn. App. 1987).
Ms. Marty contends that the preliminary plat may be denied because the proposed uses are not
allowed in the 1-1 District. Based on the court decisions cited above, I disagree with that
conclusion. The preliminary plat application must rise or fall based on the standards in the city's
subdivision regulations, not on whether the uses are allowed in the 1-1 District.
Conditional Use Permit Application
City staff has concludl;(d that the p:rpposed use for Lot 1 comes within the definition of "retail
sales of products manufactured, fabricated, assembled, or stored on site." In addition, staff has
1
4
concluded that a portion of the proposed use constitutes "vehicle repair," which is also a
conditional use in the I-I zone. Finally, city staff has concluded that the proposed use is similar
to other use permitted in the 1-1 district, particularly "commercial vehicle rental facilities."
Pursuant to Section 11.44, subdivision 3, paragraph P, the Board of Adjustments may make a
detennination that the proposed use is similar to other conditional uses in the District.
Ms. Marty contends that semi-truck sales belong in the 1-2 district. To support that contention
she relies on the conditional use of "retail sales of heavy industrial, manufacturing, or
construction machinery or equipment." As I understand the nature of I-State's application, it
does not involve the sale of any of that type of equipment.
Mr. Henderson contends that the proposed use on Lot I is a permitted use in the I-I zoning
district and that there is no need to obtain a conditional use permit. Mr. Henderson bases his
contention on the permitted use of "establishments supplying goods or services primarily to
industrial uses." The City staff has not analyzed the use as being a permitted use under that
classification and the issue is moot because even if the use was covered by that provision, I-State
would still need a conditional use permit for the vehicle repair portion of its operation.
Ms. Marty contends that the word "stored" must be read in light of the phrase "manufactured,
fabricated, assembled." She contends that the word "stored" only applies to products that are
also "manufactured" "fabricated" or "assembled" on site. I do not agree with that conclusion.
Section 11.44, subdivision 3, paragraph E uses "or," not "and." The use of the disjunctive
terminology clearly means that the phrases are to be interpreted independently. In other words,
the products need only be manufactured, fabricated, assembled, Q! stored on site.
Ms. Marty also contends that even if the use is a conditional use, it does not meet the standards
in Section 11.88 and because the use would be injurious to the use and enjoyment of other
property in the immediate vicinity. Section 11.88, subdivision 2 states that the Board of
Adjustment will consider the standards contained in that subdivision when deciding whether a
conditional use permit should be granted. Prior to 2003, subdivision 2 stated: ''No conditional
use permit shall be granted in the industry zones unless the Board of Adjustment and Appeals
determines that each of the following specific standards will be met."(emphasis added) The
purpose of the 2003 amendment was to make the standards in Section 11.88 discretionary, not
mandatory. Whether I-State's proposed use meets the standards is a factual determination that
needs to be made by the Board, and ultimately by the City Council if there is an appeal.
Conclusion
The Board of Adjustments can reasonably conclude that I-State's proposed use on Lot 1 is a
conditional use in the I-I zoning district because:
1. It involves the retail sales of products stored on site;
2. The use involves vehicle repair; and
3. The proposed use is similar to other uses in the 1-1 district.
2
"-
Hessian Attorneys at Lmv
& McKasy l).A.
Lee A. Henderson
(612) 746.5750
Ihenderson@hessianmckasy.com
June 3D, 2006
By E-Mail
James J. Thompson
Kennedy & Graven
200 South Sixth Street, Suite 470
Minneapolis, MN 55402
Re: '-State Truck Center - Shako pee
Dear Mr. Thompson:
This letter will respond to the letter of Karen B. Marty dated June 28, 2006 directed to
Mark Noble at the City of Shakopee.
I-State has submitted a request for a conditional use permit for property zoned 1-1 in the
City of Shakopee. I-State is a Freightliner truck dealer. Its business involves the sale
and service of trucks used in various trucking application. It is NOT a truck stop, or
motor freight terminal, as Ms. Marty and others have attempted to portray its business.
1. '-State Truck Center Is A Permitted Use In A Light Industry Zone.
Section 11.44 of the Shakopee City Code provides the description for approved light
industrial uses. Ms. Marty incorrectly argues that (a) there are no uses described that
involve "sales of any kind" and therefore no sales are allowed in this category; and (b)
servicing vehicles is not specifically included among the permitted uses.1 Niether
argument is persuasive.
1 Ms. Marty also argues that the office building on Lot 2 is not a permitted use. This is an interesting
argument since the residents whom she represents have argued repeatedly that the~ want the office
building on Lot 2 moved to Lot 3 as they consider that a more compatible use with 4 Avenue. For
platting purposes, I-State has removed the lot line between lots 2 and 3 so the plat will only include a
designation of Building A and B. I-State recognizes the ultimate layout of this lot and the associated
building(s) is the subject of a future proceeding when this portion of the property is to be developed.
There are no issues before the Council at this time with respect to Lot 2, other than to insure that for
platting purposes, the plat meets the requirements. With the change to eliminate the lot line, we
understand this issue to be resolved for the present time.
Ms. Marty also makes arguments about the use of Lot 3 (now 2). This also is not before the Council at
this time. However, I-State would note that the Interstate PowerSystems operation almost exclusively
provides goods and services to industrial uses and therefore, meets the basic requirements of Sec. 11.44
on its face.
901 Ford Gentre 420 North Fifth $trl1et Minneapolis, MN 55401 T: (612) 746-5750 F: (612) 746-5755
James J. Thompson
June 30, 2006
Page 2 of 5
Subdivision 2 (C) lists permitted uses to include: "establishments supplying good or
services primarily to industrial users." This describes the I-State operation as it supplies
goods and services to industrial users.
Ms. Marty's argument that Sec. 11.44, Subd. 2 does not allow "sales of any kind" is
simply incorrect. At least two of the uses in this section contemplate sales.. Both (A)
warehousing and wholesaling and (C) establishments supplying goods or services
primarily to industrial uses, contemplate sales.
The word "supplies" goods and services can have no other ordinary meaning other than
to include the sale of such goods. Without sales, none of those businesses could
operate. Under Ms. Marty's interpretation, a uniform supplier to manufacturers who
supplies both uniforms and cleans those uniforms would be prohibited in this area.. A
company providing high tech computer components to computer makers would be
prohibited because they sell their products. This is an unreasonable interpretation of
this provision.
Ms. Marty also argues that the permitted uses do not "include servicing vehicles."
There is no such restrictive language in Subdivision 2. Subdivision 2(C) talks of
supplying "goods or services" to industrial uses. It does not limit those services to any
particular type. Providing labor services to truck owners in industrial uses is clearly a
service to industrial uses. Fairbanks v. City of Blaine, 242 N.W. 2d 99 (1976) (fact that
proposed use was not specifically listed in ordinance is not a basis to deny the
application).
Under this analysis, I-State automatically qualifies for its use under this subdivision
section, without need for a conditional use permit.
2. I-State Truck Center Is Also A Permitted Use Under The Conditional Use
Provisions.
In an effort to be overly cautious and forthcoming regarding the proposed use, an
application for a conditional use was included in the initial application to address the
question of whether the sale of a truck or truck parts is a "retail sale." In the context of
the ordinance which focuses distinctions on industrial uses vs. consumer uses, I-State
clearly is in an industrial business, providing goods and services to other industrial
businesses. Notwithstanding that conclusion, I-State chose to file for a conditional use
application, in case someone interpreted the sale ofa Class-8 truck as a retail sale or
the sale of occasional parts as a retail sale.2 Over 80% of its truck sales are to
customers who purchase based on specification sheets as opposed to "shopping" for a
retail truck. Likewise, over 90% of the parts sales and 100% of the labor sales are
consumed internally or sold to industrial users for their fleets. There is very little that
meets the traditional notion of "retail sale." Black's Law Dictionary defines "retail" as a
direct sale to a consumer. That does not describe the I-State business.
2 Again. Lots 2 and 3 (now just Lot 2) will be dealt with some time in the future.
-
James J. Thompson
June 30, 2006
Page 3 of 5
Now, neighbors and their legal counsel attempt to distort the language of the ordinance
in an attempt to deny I-State the right to develop its property.
The Conditional Uses listed in Subd. 3 (C) include both "vehicle repair" and "retail sales
of products manufactured, fabricated, assembled, or stored on site" as permitted uses. 3
To the extent that there is any ambiguity over the definition of supplying of goods and
services under Subd. 2(C), it is resolved by Subdivison 3(C). Vehicle repair is
specifically included which eliminates the issue raised by Ms. Marty in section one,
above.
She argues that the retail sales language must be interpreted to include only products
manufactured, fabricated or assembled on site. Again, Ms. Marty misinterprets the plain
meaning of the language. If it was to be so limited, the language should have included
the word "and" stored on site, rather than "or" stored on site. By couching the language
in the alternative rather than the mandatory requirements of "and" the city council clearly
contemplates something broader than just products manufactured or assembled on site.
It is also important to differentiate between "vehicle repair" in Subdivision 3 (C) and
"retail auto sales" in Subdivision 3 (R). There would be no reason for the "vehicle
repair" classification, if both trucks and automobiles were included within Subdivision
3(R) which is limited to retail auto sales. Applying the same set of statutory construction
principles cited by Ms. Marty to the ordinance, one must conclude that the sales and
service of Class-8 trucks is not "retail auto sales." No one can reasonably argue that a
truck and automobile are the same thing. The City Council could easily have included
truck sales with the retail auto sales if it intended to include them in the same category.
The use of a different category for "vehicle repair" indicates a clear distinction that
applies to I-State Truck Center.
Finally Ms. Marty argues that I-State cannot comply with the requirements of City Code
11.88, Subd. 2(Y). These provisions are discretionary, not mandatory. As I understand
the evolution of the code, prior to 2003, the provisions were mandatory, but the
language was changed to "will consider" as opposed to "will follow."
As noted above, the concept of retails sales in this business environment is a
misnomer. In addition, over 80% of the truck sales occur from specification sheets, and
over 90% of the parts sales are consumed internally or sold to fleets. There is no
significant retail sales to consumers in this business. Therefore, any minor deviations
described in Section 11.88 are not a basis to deny this application.
3. I-State Does Not Engage In Retail Sales Like Target
Ms. Marty attempts to describe the I-State business as "far more like a retail store such
as Target than like a factory." This is an incredible stretch. As noted above, I-State is in
the business of selling trucks,. parts and service to industrial users - other truck fleets,
3 To the extent that the Conditional Use Permit application did not specifically identify this section, it
should be deemed amended to so reflect the use.
.
James J. Thompson
June 30, 2006
Page 4 of 5
and businesses who use trucks in their operations. They are not a retail oriented
consumer seller like a Target store. Ms. Marty argues that I-State will not "warehouse
semi-trucks or semi truck parts on Lot 1." Her argument assumes that if I-State does
engage in those activities, it meets the requirements of the zoning ordinance. I-State
does in fact engage in those activities. Trucks ordered by customers arrive atthe 1-
State location, are processed and made ready for the customer and then delivered.
Parts are purchased as spare parts for repair jobs and customer requirements. This is
exactly the kind of operation contemplated by the ordinance.
4. The I-State Operation Is Not Injurious To The Use And Enjoyment Of
Other Property.
Ms. Marty argues, without any factual evidence, that approval of the I-State project will
harm the residential neighborhood south of 4th Avenue. As we understand the zoning
history of this area, the area north of 4th Avenue has been designated as industrial
property for a long time (longer than the residential neighborhood to the south has
existed). In addition, there is a commercial operation on the south side of 4th Avenue
(the supper club) and the neighborhood looks at the Canterbury Park complex to the
southeast. In addition, there is substantial industrial development to the east of the
proposed I-State site, and industrial trains that travel through the neighborhood several
times a day.
To accept the arguments of Ms. Marty would compel the conclusion that nothing could
be developed north of 4th Avenue since it could potentially impact the property to the
south of 4th Avenue. Such cannot be the law. Eve~ person who owns property south
of 4th Avenue was on notice that the land north of 4t Avenue was zoned for light
industrial purposes at the time they purchased their homes. The implementation of a
use on that property cannot be used to now complain that they have been harmed.
The specific issues related to the use (noise, etc.) have been dealt with in earlier
communications and will not be repeated here. There is no basis in fact for any of the
complaints or perceived issues that have been raised by the neighbors.
Section 11.85 of the City Code is not a basis to deny this application.
5. I-State Is Not In The Heavy Industrial, Manufacturing Or Construction
Machinery Business.
Ms. Marty argues that the I-State business is "most similar" to the retail sale of heavy
industrial, manufacturing, or construction machinery or equipment which is a permitted
use in a Heavy Industrial 1-2 zone. This is not an accurate portrayal of the I-State
business. A good example is the Ziegler Caterpillar business which is located east of
the I-State property in an 1-2 zoned area. Ziegler sells big construction equipment and
other equipment of that nature. That is a substantially different business that I-State's
business. Construction equipment is much heavier, noisier and more problematic to
those around the business. Such is not the case with I-State.
~
. James J. Thompson
June 30, 2006
Page 5 of 5
6. I-State Is Not A Motor Freight Terminal.
Ms. Marty argues that the repair of trucks is really akin to a motor freight terminal. A
motor freight terminal is either a truck stop or a location where trucks come and go to
pick up and drop off freight. Neither comes close to describing the I-State business.
This is not a truck operation, like those found further east on Highway 101. Rather this
is a sales and service facility providing services to the trucking industry. There is a
huge difference.
7. There Is No Basis To Argue That The Outside Parking Of Trucks
Mandates An 1-2 Designation.
Ms. Marty argues that the fact that there are 14 truck bays and 30 vehicles serviced in a
day requires an 1-2 designation. This is both factually and legally incorrect. The work
bays actually accommodate 2 trucks per bay, so the capacity is fairly close to the
average number of trucks worked on per day. In addition, not every truck repair job
takes an entire day.
More importantly the assertion that an 1-2 designation is required for a commercial
rental facility is just incorrect. Even though, I-State is not a commercial rental facility,
such a category is a permitted use in an 1-1 designation, with a conditional use permit.
The failure to acknowledge that both permitted uses and conditional uses are
appropriate in any designated area, is disingenuous at best.
8. The Land Division Should Be Approved.
Finally, Ms. Marty argues that the land division should not be approved. The only basis
for this argument is her previous arguments about the usage on each lot. Since the
revised version of the plat clearly meets the requirements, it should be approved.
If you have questions please let me know.
Very truly yours,
~-
Lee A. Henderson
"
-
MARTY LAW FIRM, LLC
3601 Minnesota Drive Telephone: (952) 921-5859
Suite 800 e-mail: 1anarty@ix.netcomcom
Bloomington, MN 55435 Fax: (952) 830-8211
June 28, 2006
Mark Noble l}~ ", tl t~~
Planner IT ltltttllED J ~;
City Hall
129 S. Holmes Street
Shakopee, MN 55379
Re: Case # 06029
Applicant: I-State, LLC
Dear Mr. Noble:
I-State has'submitted an application for plat approval and a conditional use permit for
retail sales on land zoned I-I. Specifically, they have stated thatthey intend to split one parcel
into five, 'and use three ofthe Ipts as follows:
Lot 1: "sales, parts and service center for over-the-road long haul and short haul semi
trucks",
Lot 2: "national headquarters", and
Lot 3: "a sales facility dedicated to large scale generator and motor applications".
I-State's application should be denied for the following reasons:
1. Not a Permitted use. Land in the 1-1 zone cannot be used for anything an applicant
suggests. Rather, the proposed use must fit within the list of permitted or conditional uses. City
Code ~ 11.44, Light IndustryZone (I-I), Subd. 2, Permitted Uses, specifies that "Within the light
industry zone, no structure or land shall be used except for one (1) or more of the following
[listed] uses". The ordinance lists 9 Permitted uses.
Lot 1: None of the proposed uses on Lot 1 are among the listed Permitted or Conditional
uses in the I-I zone. No Permitted use in I-I includes sales of any kind, nor does any Permitted
use include servicing vehicles.
Lot 2: The proposed use of Lot 2 for a "national headquarters" presumably rneans an
office building. Office buildings are not a Permitted use in theI-l zone. Offices within a
building dedicated to a Permitted 1-1 use may be allowed, but not standing alone.
Lot 3: The proposed use of Lot 3 is another sales facility. Like Lot 1, this use is not
allowed in the I-I zone.
2. Not a Conditional Use. City Code ~ 11.44, Subd. 3, Conditional Uses, specifies that
"Within the light industry zone, no structure or land shall be used for the following [listed] uses
except by conditional use permit". The ordinance lists 15 Con4itional uses.
Lot 1: The only way to allow sales on Lot 1 is through a conditional use permit under ~
11.44, Subd. 3.E for "retail sales of products manufactured, fabricated, assembled, or stored on
site". To obtain a conditional use permit for retail sales in the I-I zone, I-State must demonstrate
that it will comply with the standards set forth in City Code ~ 11.88, Subd. 2.Y. These include
the requirements 0-at I-State
- shall sell products only within the principal structure;
- shall limit the area devoted to display and sale of the products to no more than
15% of the principal structure or2,000 square feet within the principal structure,
whichever is less; and
- shall have no outside storage or display.
City Code ~ 11.88, Subd. 2.Y.l, 2, and 4. I-State has not submitted an adequate floor plan or
description of its use on Lot 1 to prove that it can and will comply with these conditions.
Lot 2: Offices are not one of the uses allowed with a conditional use permit.
Lot 3: I-State has not submitted an application for a conditional use permit for retail sales,
and this use remains illegal until such time as all conditions are met and a conditional use permit
is granted.
3. Retail sales without an industrial use does not belong in I-I. The only retail sales
allowed in the I-I zone are of "products manufactured, fabricated, assembled, or stored on site".
I-State has asked the City to allow them to bring in goods and store them long enough to sell
them, claiming this fits within the conditional use. This interpretation goes too far.
Under the statutory interpretation principle of eiusdem generis. including a word in a list
means that the word is intended to have a meaning related to or fitting with the other words in the
list. In this case, the word "stored" should fit with the words "manufactured", "fabricated", and
"assembled". Under this rule, "stored" must refer to an industrial use related to the creation of
goods.
Likewise, Minn. Stat. ~ 645.08(3) requires that a general word be interpreted in context,
and limited by any more restrictive words that precede it. "[G]eneral words are construed to be
restricted in their meaning by preceding particular words". This law requires that "stored" be
restricted to a meaning consistent with "manufacturing", "fabricated", and "assembled".
-2-
.
When read in context, the conditional use permit language clearly contemplates the
classic "outlet" at a factory, where overstock and imperfect goods are sold. I-State's proposed
use is far more like a retail store such as Target than like a factory. I-State intends to bring in
goods and store them only until they are sold. They are not doing any industrial use on site; there
is no proposal to manufacture, fabricate, assemble, or warehouse semi trucks or semi truck parts
on Lot 1. Their proposed use does not fit the intent of the ordinance and should not be approved
in the I-I zone.
4. Semi truck sales and repair cannot meet the conditional use permit standards. Under
City Code S 11.85, a conditional use permit cannot be granted unless the City determines that the
proposed use meets certain conditions. One of these requires consideration of the existing
neighborhood. Under 9 11.85, Subd. 1.A, the City must find that
"the use will not be injurious to the use and enjoyment of other property in the immediate
vicinity for the purposes already permitted, nor substantially diminish and impair property
values within the immediate vicinity".
A residential neighborhood exists across 4th Avenue from the proposed I-State property. These
residents have spoken at length about the injury they anticipate to their lives and property. Their
concerns include noise from the driving of semi trucks, shifting gears and braking, diesel
engines, refrigeration units in trucks, a 24/7 vehicle repair business, etc.; the air pollution from
imperfectly tuned diesel engines or old engines; the increase in truck traffic and concomitant
decrease in safety for other drivers and for pedestrians and children; the esthetic concerns if this
facility is as unsightly as others run by I-State in the Metro Area, including possible outside
storage of junk, and parts, and long term parking of vehicles needing repair. These residents are
a use "already permitted", and the continued use and enjoyment of their property is threatened by
the proposed I-State use.
Note that the proposed conditional use also must not substantially "diminish and impair
property values" in the existing neighborhood. The residents believe that the proposed I-State
facility, with the problems discussed above, will drastically reduce their property values. Several
ofthem have discussed moving out of the area. When they do place their homes up for sale, they
expect to lose potential buyers, because people will not want to live close to this kind of use.
Although changes in property value are difficult to quantify, it is commonly agreed that home
value is based on "location, location, location". Location near a semi truck sales and repair
facility, with its real or perceived problems, is a negative.
5. Semi truck sales belong in 1-2. The Zoning Ordinance does not list semi truck sales as
a Permitted or Conditional use in any zoning district. The most similar use is "retail sales of
heavy industrial, manufacturing, or construction machinery or equipment", which is a Permitted
use in the Heavy Industry (I-2) zone under City Code S 11.46, Subd. 2.G. As the Court noted in
NEZ Enterprises v. City of Shako pee, 489 N.W. 2d 531 (Minn. App. 1992), if the use is
identified for one zone, it belongs there, not in another zone where it is not mentioned. The I-I
-3-
zone does not mention sales of large vehicles. Sales of semi trucks and other large commercial
vehicles should be restricted to the 1-2 zone.
6. Repair of semi trucks. busses. and trailers belongs in I-2. I-State expects to service or
repair some 30 trucks, busses, and trailers on Lot 1 each day. The I-I zone does not allow
vehicle repair, except as a conditional use. I-State has not applied for a conditional use permit
for vehicle repair.
Although the majority of work will occur during the regular business day, I-State has
indicated that it will have a night shift to tend to any business which arrives or is needed then.
This kind of around-the-clock business, with emphasis on semi trucks, is more like the activity of
a motor freight terminal than like any use permitted in the I-I zone. Motor freight terminals are
permitted in only the 1-2 zone, under City Code ~ 11.46, Subd. 2.A.
7. Outside parking of semi trucks. busses. and trailers belongs in 1-2. I-State will have 14
repair bays, but plans to work on twice that many trucks, busses, and trailers per day. It is
unrealistic to expect that each of these vehicles will arrive just in time for its repairs to be made,
and leave immediately thereafter. Consequently there will be significant outside parking of
trucks, busses, and trailers. Outside parking of these large vehicles is more similar to a
commercial vehicle rental facility or a motor freight terminal, than to any use permitted in the I-I
zone. Commercial vehicle rental facilities are a Permitted use only in the 1-2 zone, under City
Code ~ 11.46, Subd. 2.D.
8. Since no legal use is proposed. the plat may be denied. The applicant has proposed
splitting 1-1 zoned land into Slots, with illegal and inappropriate uses proposed for 3 of those
lots. Since the land division is proposed solely in connection with this particular development,
the land division should not be approved.
The City also may want to consider its legal position. Courts give great deference to city
land use decisions, and will overturn such decisions only when there is no rational basis for them.
Schwardt v. County ofWatonwan, 656 N.W. 2d 383 (Minn. 2003); SuperAmerica Group, Inc. v.
City of Little Canada, 539 N.W. 2d 264,266 (Minn. App. 1995), review denied (Minn. Jan. 5,
1996). When the City denies a conditional use permit application, it is not necessary that every
single reason be legally sufficient and supported by facts in the record. Hubbard Broadcasting,
Inc. v. City of Afton, 323 N.W. 2d 757 (Minn. 1982). Rather, a denial is fine so long as at least
one of the reasons given for the denial has a rational basis. St. Croix Dev" Inc. v. City of Apple
Valley, 446 N.W. 2d 392,398 (Minn. App. 1989), review denied (Minn. Dec. 1, 1989). I-State,
as the applicant, must prove that none of the reasons for the denial are legitimate. Yang v.
County of Carver, 660 N.W. 2d 828 (Minn. App. 2003). I-State cannot do this, because, as
discussed above, the City has excellent legal and factual reasons to deny the conditional use
permit. application.
-4-
.,
For these reasons, we respectfully urge the City to deny the application submitted by 1-
State.
Sincerely,
~:FIRM' ILC
KarenE.~~
Attorney at Law
cc: Jim Thomson, City Attorney
-5-
Conditions for I-State's CUP
May 15" 2006
The following is in response to I-State, LLC's request for a Conditional Use Permit (CUP) for a Tmck Sales
and Service facility on what they are proposing as Lot 1 on the property located north of 4th Avenue East, west
of Shenandoah Drive, and south ofCSAH 10l.
The residents of the Pine Wood and Prairie Bend neighborhoods who attended several meetings, including one
most recently held on May 13, 2006, respectfully request the Shakopee Planning Commission review the
following recommendations for conditions to be placed upon I-State in regards to this CUP. Additionally,
recommendations are provided for I-State's intended future use of the site for a corporate office facility and
generator sales and service facility, also known as the PowerSystems building.
Regarding the use of Lots 4 & 5, I-State should provide the Planning Commission with its future proposed use
of these lots at the May 18, 2006 meeting. While I-State contends it has not determined the llse of these lots,
their future intended uses are presumably under consideration given their request to separate this land into 5
plats and said potential use should be immediately submitted.
The following recommendations address the neighbors' most immediate and principal concerns as they would
significantly contribute to the reduction of excessive noise from the PowerSystems building and tmck traffic as
well as the diesel and generator emissions.
1. The proposed building layouts should be revised to require the corporate office facility to be nearest 4th
Ave. on what I-State has proposed as Lot 3. The PowerSystems building should be moved to be on
what I-State has proposed as Lot 2. IfI-State is concerned the lots do not allow for these changes due to
their size and the size of the facilities, we recommend the PowerSystems building be placed on Lot 1,
the Tmck Sales and Service building be placed on Lot 2 and the corporate headquarters be placed on
Lot 3. This allows the Truck Sales and Service facility to be next to its corporate office as I-State
originally planned. While I-State might argue this does not permit the Truck Sales and Service facility
to be seen from CSAH 101, I-State's current plans place a parking lot closest to CSAH 101 withthe
Truck Sales and Service facility over 400 feet from CSAH 101. The change in this layout should permit
the same opportunity for viewing of the Truck Sales and Service building from CSAH 101. I-State
argues these changes would increase the traffic on 4th Ave. due to corporate employees' access to their
offices; however, I-State could suggest to its employees to use Shenandoah and CSAH 101. Should
employees use the public access allowable to 4th Ave., this traffic is considered more desirable to the
neighbors than the noise and air pollution from the PowerSystems facility.
2. Do not permit any entrances or exits from I-State lots onto 4th Ave.
3. Throughout all of 4th Ave., require a five foot grassy berming with a four foot screening (fencing) on top
the berming. Evergreen trees should also be planted, without breaks, to 'mask' the four foot screening
on the berm. The evergreens should be planted so they are viewed from 4th Ave. The berming must
eliminate all headlight wash. If the above recommendations do not eliminate the headlight wash,
additional action should be required.
4. Berming should be set-back a minimum of 50 foot from the 4th Ave. property line.
5. I -State should be required to have a study of air quality conducted at unannounced times during each six
month period by an independent consultant. Results that do not meet residential air quality standards as
defmed by the EP A or the Minnesota Pollution Control should require improvements to be made no
more than thirty days ofI-State's notice of the results.
Chris Gorton Page 1 of2 5/15/2006
We ac1mowledge there are oth~r trucking and industrial establishments as well as trains that run near our homes,
but I-State's proposed plans for Lots 1,2 and 3 would considerably increase the existing noise and air pollution
. and the conditions 'above would adequately address our chief concerns.
Additional conditions as listed below would further address our traffic, noise, environmental and aesthetic
concerns with I-State's CUP:
. Limit hours of Sales and Service operations from 7:00 a.m. CST - 6:00 p.m. CST, Monday
through Friday.
. All baylbuilding doors must be closed at all times during vehicular and generator repair.
. Customers should be instructed that all travels to and from the facility should be done only on
CSAH 101 and Shenandoah. The routes should never include travel on Shenandoah, south of 4th
Ave. or directly onto 4th Ave.
. All garbage and vehicle storage should be kept in enclosed facilities or screened from public
view at all times.
. I-State should be required to have OSHA and EP A approved air filtering systems that meet or
exceed the Minnesota Pollution Control's recommendations for the specific types of emissions
that will be created by I-State.
. To protect the investment previously made in 41h Ave., we recommend should 41h Ave. require
repair prior to the end of its normal life expectancy, that I-State be held responsible for such
reparrs.
We also recommend the Planning Commission restrict the number of violations I-State may have before being
reviewed again by the Commission. We request that if I-State has three violations in any given month, they be
required to address the Commission with their written plans, including reasonable timeframes to improve and
prevent their future occurrence. Additionally, we recommend if I-State commits the same violation within six
months of its previous presentation to the Commission, the Commission should rescind their CUP. Any
violation of the air filtering requirements or substandard air quality findings should be grounds for immediate
review by the Commission.
Thank you for your continued willingness to address our concerns to preserve the health, safety and welfare of
our community.
Chris Gorton Page 2 of2 5/15/2006
1211.. (,,<$I..VtVD S/I'8/o\'
llllTAm INTERSTATE
, i_._.lluf~r.":t,1":t:. powerSystems
Shakopee Planning Commission
May 181 2006
By Lee A. Henderson
Hessian & McKasYI P.A.
.
llSJA'IE INTeRSTi'lT&
. 'JtlllJlII!t:ii:lh,:I:. PowerSystems
>-Good Neighbor
>-Good Jobs
~Good Citizen
1
11."'. INTERSTATE
(. IItr:llI'of:.:r.j:l,',,:t:. powerSystems
The Good Neighbor
Neighborhood Concern: Facts:
Property Usage The I-State/Interstate
property is located in a
-Heavy vS.' Light Industrial Light Industry Zone.
Sec. 11.44, Subd. 2*
defines the Light
Industry Zone to include:
-' establishments
supplying goods or
services primarily to
industria uses
*AII references are to Shakopee Ordinances
.
Jf1I1mE INTERSTATE
. ~ ,. ; .,' ,,;; ,: '.
.. ,.,:IIIW:IW:I,'II:t;. PowerSystems
The Good Neighbor
Neighborhood Concern: Facts:
Property Usage Sec. 11.44, Subd. 3 of
-Heavy vs. Light Industrial Shakopee Ordinances
allows a conditional
use permit in a Light
Industry Zone for:
-vehicle repair
-retail sale of products
stored on site
2
,1/- INTERSTATE
powerSystems
The Good Neighbor
Neighborhood Concern: Facts:
Property Usage The Shakopee City
Attorney has reviewed
-Heavy vs. Light Industrial . the proposed I-State-
Interstate use. He has
indicated that it falls
within the appropriate
gUidelines for a
permitted conditional use
in a Light Industry
Zone.
lI.SlArE INTERSTATe
I,. ,. . '.,. .
i a"lIl>4:f:,,::/,',,::/:. powerSystems
The Good Neighbor
Neighborhood Concern: Facts:
Property Usage No statute requires a
property owner to predict
-Lots 4 and' 5 - What is the future the future; development
use? plans are dealt with as
they are put in place.
Interstate has stated that
additional buildings are
unlikely for its
operations; at present it
has no idea what might
ultimately be on Lots 4
and 5.
3
.
1f.1IIIIrE INTERSTATE
.. I ',-' - , .
, " fltl:lIHi'r4H:/,'If:/;. powerSystems
The Good Neighbor
Neighborhood Concern: Facts:
No ordinance dictates which building
Building Layout goes on which lot as long as design
requirements in ordinance are met.
- Put Corporate Headquarters on 4th Nevertheless, Interstate has looked at
design alternatives and moving the
Avenue corporate headquarters does not work
for the business. It creates a much
less efficient site for the overall
business.
The corporate headquarters on 4th
Avenue would substantially increase
the traffic on 4th Avenue. Interstate
would need additional curb cuts on 4th
Avenue to accommodate the building
at this location.
Location on 4th Avenue would require
employ:ees to drive to the I-State
Truck Center building, increasing
traffic.
1f.5JArE INTERSTATE
,,' ,.r;lIlPit.''i:I,'If:/;. PowerSystems
The Good Neighbor
Neighborhood Concern: Facts:
Building Layout No ordinance dictates which building
goes on which lot as long as design
requirements in ordinance are met.
- Swap I-State Truck Center building Freightllner dealershiR needs to be
with PowerSystems building located on Highway 101. Visibility of
truck showcase is critical to the
- Put powerSystems on Lot 1 and business.
I-State Truck Center on Lot 2
Daimler/Chrysler owns both
Freightliner and Detroit Diesel
Corporation. FreiBhtliner is the
flaQship entity; D C sUBPorts the
FreJghtliner business. aimler would
not approve the Freight/iner building
being anythincH other than the
marquee buH ing.
Concerns about noise levels and
pollution from powerSystems buildings
are incorrect.
4
If,- INTERSTATE
, I '.. .' ,
, " .1Ii1I>J;4:/j~I',,~i. PowerSystems
The Good Neighbor
Neighborhood Concern: Facts:
The powerS~stems Building Noise is governed by Section
Will Create xcessive Noise 10.60 wliich provides:
and Pollution
L10 decibel level for Residential
- Noise from building is 65 db and Industrial Is 80
db.
LSD decibel level for Residential
is 60 db and Industrial is 75 db
The most restrictive standard
ap~es at the bounda~
be een Industrial an
Residential.
If,- INTERSTATE
~ " ,
. 'I" '", ,:' ."
, " .r:jIJ>J;I>J~"":t;. PowerSystems
The Good Neighbor
Neighborhood Concern: Facts:
The powerSystems PowerSystems Building is 425 feet
from nearest residence and 210 feet
Buildin~ Wil Create from boundary of residential and
ExceSSive Noise and industrial.
Pollution The noisiest activi~ In
PowerSystems Bui ding is dyno
- Noise from bUilding testing. It occurs on average 3
times a day for 5 minutes per time.
We recently' tested the dJno in
Billings; at 200 feet the ecibel
level Will be less than 65 db; at 425
feet the decibel level will be less
than normal conversation levels
(meaning no impact).
Other uses are below these ranges.
5
1J.tVJffJi INTERSTATe
PowerSystems
The Good Neighbor
Neighborhood Concern: Facts:
In Bloomington a Fairfield Inn sits 100 feet
The powerShstems from the powerSystems building. In 10 years
of operation, there has never been a noise
Building (wen built) Will complaint from the hotel. The distances in
ShaKo pee will be 4 times farther away.
Create Excessive Noise ~b~o~o~:(s:sl~~~~~~ ~~~i~~1faTI~-90
and Pollution
quieter than any neighbor's lawn mower.
Anyone who runs a power lawnmower for
- Noise from building more than six minutes at a time probably
violates the Shako pee noise ordinance.
Your dishwasher noise level Is 55-70 db.
powerSystems will be at or less than the
noise from a dishwasher at the property line,
except that rather than be In the same room,
IPS will be over 400 feet away.
According to the National Transportation
Code, the minimum acceptable sound from a
train whistle Is 96 db measured at 100 feet.
re~~.a~TiJ;~: ~bif~~~9,~~~id~~ 8,~~~~~0
noise from Interstate at 100 or SOO feet.
Source for TraIn Whistle: Title 49, Subtitle B, Chapter n, Section 229.129; source for other noise levels Is
httD'!lWWW Ihh orCl/nol~p./decibel htm: MW crcaudio com/re:sources/howtoslloudness html.
If.ST4TE INTERSTATE
. .HlI1W:''':lI'''~;. powerSystems
The Good Neighbor
Neighborhood Concern: Facts:
The PowerShstems PowerSystems sells Generators;
they are not installed or operated
Building (wen built) Will on site.
Create Excessive Noise When a customer buys a generator,
and Pollution the pieces are ~athered together
and then Instal ed and tested at the
- Generator Emissions customer's installation site.
PowerSystems services generators
through a mobile service truck that
visits site locations.
The PowerSystems generator
business does not generate any
emissions on the PowerSystems
site.
6
l!.- INTERSTATE
.... . .lIjlIli.:.H~I"':t;. powerSystems
The Good Neighbor
Neighborhood Concern: Facts:
This Is not a truck stop or motor freight tennlnal
The powerSystems where truck Idling Is common.
Building (when built) Will g~~'il,~~:I~~~~ q~':6~n~u"J~~~ri~~,llcf f~e
Create Excessive Noise whIch refer to standards estabfished by the
and Pollution Minnesota Pollution Control Agency.
Igt~~et~'T,~ ~~~:;t1b".:'.f,n cfi~g~ln8~H'A, the EPA
or MPCA for any aIr quality Issue (or noIse Issue).
- Diesel Emissions Interstate complies with all applicable MPCA
requirements and therefore complies with all
Shakapee ordinances.
~~~I~:Jru'l,':f~~~~~~~%!agra~~~~"u~I~~tit Is
required of every business In Shako pee.
Air filter systems are not required for Interstate by
the EPA or M PCA.
l!.SJADE INTERSTATE
. - . .' :'. "',
J '. .'
. ."ilIli:f.Ii~I''':t:. powerSystems
The Good Neighbor
Neighborhood Concern: Facts:
The PowerSystems Building
~when buif~ Will Create The majority of trucks are
xcessive olse and Pollution purchased off of
- Diesel Emissions s~eCification sheets rather
t an inventory.
All of the repair work is
done inside; the vast
majority is done with truck
turned off.
Majority of traffic flow will
be off of HighWay 101 and
Shenandoa
7
INTERSTATe
powerSystems
The Good Neighbor
Neighborhood Concern: Facts:
The PowerSystems C1.anOlesel=CI..nAlr
Building (when built) Will
Create Excessive Noise ..
and Pollution ..!
i
".". . ". M
- Diesel Emissions .. '.' - ....".. ..
"" tftI I'M _ J(Q1o )Wo
.....-
Today's diesel trucks and buses
produce one-eighth the emissions of
those manufactured just 15 years ago.
By 2007. It will take 60 new trucks to
equal the particulate emissions of just
one 1988 truck.
Source: Diesel Technology Forum www.dleselforum.oro & htto:llwww.eoa oov/otaa/dlesel htm
rf~1Ii INTERSTATE
~:'r;lilr;'.":tl,,,;f;. powerSystems
The Good Neighbor
Neighborhood Concern: Facts:
...In numerous cities across the
The PowerSystems country, the personal automobile
Building (when built} Will Is the single greatest polluter, as
Create Excessive Noise emissions from millions of vehicles
. on the road add up. Driving a
a nd Pollution private car Is probably the typical
citizen's most 'pollutlng" dally
activity .
- Auto Emissions
Efforts by government and Industry
since 1970 have greatly reduced typical
vehicle emissions. In those same
years, however, the number of miles
we drive has more than doubled. The
Increase In travel has offset much of
the emission control progress.
Source: U.S. EPA
8
11- INTERSTATE
powerSystems
The Good Neighbor
Neighborhood Concern: Facts:
0 The EPA ranks indoor air ~lIutlon among the
top five environmental rls to public health.
The powerShstems 0 People spend about 90% of their time
Indoors. '
Building (wen built) Will 0 EPA studies Indicate that Indoor levels of
Create Excessive Noise many pollutants may be 25 times, and
occasionally more than 100 times, higher
and Pollution than outdoor levels. In genera~ indoor air Is
four to five times more pollute than outdoor
air.
0 In the last 30 years, the number of peo~le
- The real emission issues with asthma has gone up by almost 60 ..
are in your home 0 87% of American homeowners are not aware
that pollution may be worse inside their
homes than outdoors.
0 ' The World Health Organization estimates that
~Crl\~J~~t~~lITt?~ ~~J':r'n~0'ifrn:I~"'q'fi:11~nd
problems.
[] According to a study by the Commonwealth of
Massachusetts, Indoor air contaminants are
responsible for half of all Illnesses.
[] Many ordinary activities such as cooking,
cleaning and redecorating can spread indoor
pollutants.
[] Most homes generate about 40 pounds of
dust per year for every 1.500 square feet of
space.
Source: Trane/American Standard & http://hazard.com/library/epa iaq fs/intro
/L- INTERSTATE
,',' '.lIIil~;f.Ij=l"II=I;. powerSystems
The Good Neighbor
Neighborhood Concern: Facts:
This is simply not true.
The powerSxstems There are already man~ trucking and
Building (wen built) Will industrial establishmen s nearby.
Create Excessive Noise
and Pollution The BN train tracks generate more noise
than I-State wlll generate.
- I-State's Rroposed plans I-State's operation will com~IY with all the
ordinance requirements of t e dty of
for Lots 1 2 and 3 would Shakopee.
considerably increase the There are no air pollution issues in this
, existing noise and air operation. Interstate has never had an
pollution. air pOllution or noise com~lalnt, from a
nel~bor, OSHA or the M CA in 36 years
at Bloomington location.
9
1l- INTERSTATE
I ' '" .
r' -...,:IIIHo:.H;.I,,:t:. powerSystems
The Good Neighbor
Neighborhood Concern: Facts:
Specific Design Issues
Do not permit any entrances or Sec. 11.62, Subd. 3(E) and (G)
permit a curb cut and driveway
exits from I-State onto 4th Avenue along every 200 feet of frontage.
I-State has asked for a single curb
cut on 4th Avenue near the existing
street intersection.
That is one curb cut for about 1700
feet of roadway.
JWAIIi INTERSTATE
. . . -I/I11I11o,j,I.I>I:lI'II:I:. PowerSystems
The Good Neighbor
Neighborhood Concern: Facts:
Specific Design Issues Traffic flow re~uirements in Sec.
11.62, Subd. (C) must be
designed so that vehicles "may
Do not permit any entrances or enter,circulate, park and exit
parking facilities in a convenient
exits from I-State onto 4th Avenue and orBerly fashion.
Interstate has gone well beyond the
requirements to be sensitive to
ne~hborhood concerns about traffic
an impact on 4th Avenue.
Reduction in curb cuts on 4th
Avenue actua"l! Increases the
effectiveness 0 the screening.
10
...r..../~~ INTERSTATe
bJ,i . . PowerSystems
The Good Neighbor
Neighborhood Concern: Facts:'
Specific Design Issues
Sec. 11.60, Subd. 7 provides
Screening on 4th Avenue requirements for screening:
- five foot grassy berm with four generally 4 feet except for
foot screening on top (Fence) refuse which must be 6 feet if
- Evergreen trees planted without visible from the street
breaks
- Evergreen trees should be viewed The city as part of the 4th
from 4th Avenue Avenue project has cleared
about 20 feet on the north side
of 4th Avenue for curb and bike
path. An additional 20 feet has
been cleared for underground
utilities.
.'!HDIJ1i INTERSTATE
lLJ,:a'lii/w;.I'/:/l"':/I. powerSystems
The Good Neighbor
N . hb h d C Facts:
elg or 00 oncern: ........"...,"'.....w_....._...".......".,...,
tnaltItalrIed an IpproxIlNltVt 10 loot. fttfp 01 mature ~b1 U. iCl'Clel\ to'!"
A_.rdUMllndIOG'ttIn~.
Specific Design Issues
Screening on 4th Avenue
- five foot grassy berm with four foot
screening on top (Fence)
- Evergreen trees planted wIthout breaks
- Evergreen trees should be viewed from
4'h Avenue
~i '.', t.-----/L '.\. I
':J;~'"",: . .' ..... . - _-~-...,'~;;~~::,::i:\l
~r ~:4w!,:;~..'._. '.-' ,j
r . .':Witft;r:l?"i:i~(,;>-.br- ..-- ir~~r. L..
. '':.''''~''1',,,:'~~:Jfu'ill>.:-_ ~ L -' ~1?1~'€%...t,
.. ",- .", -, ',' , ~ ~~::~'i'~~~~.&~~;,;!~.r.~}~
11
11.- INTERSTATE
.... . .1IU1/>J:f'H~I''':/:. powerSystems
The Good Neighbor
Neighborhood Concern: Facts:
Specific Design Issues Interstate could just put up a 4 foot
fence and meet the city requirements.
Screening on 4th Avenue
- five foot grassy berm with four foot Interstate's Clan is to take an
screening on top (Fence) additional 3 feet of the 4th Avenue
- Evergreen trees planted without breaks side ofthe "rope~, include the utility
- Evergreen trees should be viewed from area for SO feet of total plantings,
4th Avenue maintain mature trees where possible
and intersperse berm and 6-8 foot
ever~reen trees so the total screening
Is 8- 2 feet high plus the mature
trees.
When combined with the screening on
the south side of 4th Avenue, there will
be substantially more screening than
the ordinances require.
11.- INTeRSTATE
. .~:IIl~">j~I'''~;. powerSystems
The Good Neighbor
Neighborhood Concern: Facts:
Specific Design Issues Sec. 11.60, Subd. 10 sets the
Screening on 4th Avenue standard for Exterior Lighting: '12
foot candle at the property line.
- Berming must eliminate Interstate believes It is fu Ify
all headlight wash. If compliant with alllfghting
not, additional action requirements including the
miscellaneous light from vehicles
should be required. given the height and depth of the
screening.
12
If.1UIJ1! INTERSTATE
powerSystems
The Good Neighbor
Neighborhood Concern: Facts:
Specific Design Issues Sec. 11.58, Subd. 6 requires a 10-
30 foot setback before a building
Screening on 4th Avenue can be erected.
Berming should be set Interstate is using 50 feet of its lot
for screening plus another 150 feet
back a minimum of 50 for parking, so the closest building
feet from the 4th Avenue to 4th Avenue will be 210 feet from
property line. 4th Avenue.
Interstate's plan far exceeds the
setback requirements of the
ordinance.
11J . .. INTERSTATE
..'-
I ,,"'-', . :,. ,
. ...f1jf1~:f.~::tI,,,:t;. powerSystems
The Good Neighbor
Neighborhood Concern: Facts:
Property Usage Issues
There Is no provision In the
Umit Hours of Sales and Service Shakopee ordinances that allows
operations from 7:00 a.m. CST - 6:00 the city to Impose hour limitations
p.m. CST, Monday through Friday. In an industrial zoned area.
The vast majority of the I-State and
Interstate operations takes place
during regular business hours
anyway.
I -State and Interstate are
contractually obligated to provide
emergency services after hours.
13
llBl1Ji INTERSTATe
powerSystems
The Good Neighbor
Neighborhood Concern: Facts:
Property Usage Issues Vehicle repairs are generally done
with the engine off. There is no
All bab"buildinJ doors significant noIse from these
must e close at all operations. Bay doors are opened
times during vehicular and closed all day long as vehicles
and generator repairs. and people go in and out. This is
not a workable requirement.
As a general rule, there are no
generator repairs done on site.
l1.5IIIrE INTERSTATE
.~- I.. .:._ -, ':.. -,
I .', _. ":' - ,:' ".
.. .. .r;jlHi:."~I''':/;. powerSystems
The Good Neighbor
Neighborhood Concern: Facts:
Property Usage Issues: City can limit truck
Customers should be traffic on Spruce and
instructed on what Sarazin south of 4th
streets they can drive Avenue; other streets
on...never south of 4th
Avenue on Shenandoah are fully public streets
or on 4th Avenue. that allow movement
of all types of vehicles.
14
11_ INTERSTATE
powerSystems
The Good Neighbor
. .
Neighborhood Concern: Facts:
Property Usage Issues: There is no ordinance which allows
the City to charge a single citizen
I-State should be for the repairs of a major urban
responsible for repairs on thoroughfare.
4th Avenue.
4th Avenue is a collector street
established by the City for all kinds
of vehicles.
Interstate's use of 4th Avenue
should be relatively modest since
the vast majority of traffic will
utilize Highway 101 and
Shenandoah.
~5m:DE INTERSTATE
. I '-., " .
..r;WPi:.I'/~I'''~;. powerSystems
The Good Neighbor
Neighborhood Concern: Facts:
Property Usage Issues: Market values are Impacted by
many different variables including
I-State should guarantee the overall economy, interest rates,
in writing pro~erty the manner in which the home is
values in Sha opee. maintained and repaired, the
decorating of the home, etc.
Interstate has no obligation to
guarantee any property values
anywhere, anymore than any
resident would guarantee that
Interstate's property values will
"stay even" with comparable
properties.
15
1/.- INTERSTATE
I '-. .
'. .... .r;jI{W':4/j:jI'H~;'. PowerSystems
Good Jobs
Neighborhood Concern: Facts:
I-State will bring 100 jobs when the
first facility is built.
I-State has not heard a Avera~e wage in Twin Cities area is
word from residents about $35,2 0.00
the impact of new jobs in
Shakopee. Average household income in
Shakopee is $59,171 (71% of
households have two wage earners)
Interstate's aver~e wage is
approximately 1/ hi~her which would
put avera~e flouseho d income
significant y above Shakopee average.
TheseJobs are good payin,9 jobs that
excee the average wage 10 the Twin
Cities.
Source: http://www.metrocouncll oro/metroarea/stat erof.edf
1/.- INTERSTATe
. .r;l11>1:..>I;"rr:/;. powerSystems
Good Citizen
Neighborhood Concern: Facts:
Neighbors comments assume that
Interstate and I-State are habitual Interstate has been a good
violators of a variety of statutes and
ordinances neighbor in Bloomington for 36
years.
Intersate has never had an OSHA or
MPCA citation for air quality or noise
related Issues in 36 years.
Interstate's current facility is within
100 feet of a hotel and there has
never been a complaint.
16
ll- INTERSTATE
. 'J _ -, . -; .
,..' a,;//l>i:!ij;l,'If;l:. PowerSystems
Good Citizen
Neighborhood Concern: Facts:
Interstate has high quality, dedicated
Neighbors comments assume that work force, many of whom have spent
Interstate and I-State are habitual their entire careers at the company.
violators of a variety of statutes and
ordinances Interstate takes great pride in its
physical facilities. In the last 6 years,
it has built 7 new buildings. It
continues to upgrade and replace its
buildings where necessary throughout
its 20 building system.
The three buildings in the proposed
site pian would bring to 50% the
number of new buildings In the
Interstate system that are less than 10
years old. This represents an
investment of many millions of dollars.
ll- INTERSTATE
,'. '~... ."',.:
, ~r:l;I>i:.ij:jI.":tl. powerSystems
Good Citizen
"This is exactly the kind of
development Shakopee has been
looking for on this property for the
last 25 years."
Representative Mike Beard
(Former Shakopee City Council Member)
17
lI.SJ18IE INTERSTATE
1._ . - : - _'
, 'liWIIWt'fHii!,";:i;rI powerSystems
Good Citizen
I-State and Interstate have met all the City Ordinance requirements and moved
well beyond those requirements in manK areas to accommodate a wide variety of
concerns and to make the project one t at everyone in Shakopee will be prouCl to
have in their city.
We appreciate the concerns raised by the neighbors, but hope that people now
realize that man~ of the fears are' simply unfounded. I am sure the neighbors
would prefer tha the land remain vacant forever. It has however been zoned
light Industrial/onger than the residential neighborhood has existed.
Interstate has not asked for any public subsidies for this project. We are ready
to move forward with a quality project for ShakoFee which will generate lots 0
jobs and substantial property taxes for the city 0 Shakopee.
We ask that it be approved promptly so that we can make it a reality.
Thank you.
Questions?
18
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News Article
New Gef1i<e1liatiorll of Clean Diesel f<<llsl BegitlS flowing Today May 31, 2006
Refinery Production of Ultra-low Sulfur Diesel (ULSD) key to New Clean Diesel System .
WASHINGTON - Allen Schaeffer, executive director ofthe Diesel Technology Forum, issued the following statement commenting on
today's milestone requiring that at least 80 percent of the diesel fuel refined in the United States for use by on-road vehicles be
ultra-low sulfur diesel (ULSD) fuel, containing only 15 parts per million sulfur content:
"Today is the beginning of a new generation of clean diesel technology, as the nation's refineries begin producing cleaner diesel fuel.
Just as taking the lead out of gasoline in the 1970s enabled a new generation of emissions control technologies that made gasoline
vehicles over 95 percent cleaner, so will removing the sulfur from diesel help usher in a new generation of clean diesel technology
across all applications.
This new fuel will contain 97 percent less sulfur than today's diesel and will be available at retail facilities nationwide starting on
October 15, 2006. Clean diesel fuel is critically important because sulfur tends to hamper the effectiveness of diesel exhaust-control
devices, like lead once obstructed the catalytic converters on gasoline cars. "The advanced clean diesel system - combining cleaner
fuel, state-of-the-art engines and effective exhaust-control technology - will playa leading role in helping cities and states meet
strict new air quality goals set by the federal government.
Clean diesel will ultimately bring emissions reductions across a range of applications, inclUding:
Trucks and Buses - New trucks and buses will be the first class of equipment to benefit from clean diesel. While today's trucks and
buses already produce only one-eighth the tailpipe exhaust compared to those built in 1990, new engines will be even cleaner. It will
take 60 trucks built in 2007 to equal the soot emissions of one ~ruck sold in 1988. The EPA predicts that these new trucks _ once
they fully replace the existing fleet - will reduce emissions of smog-forming gases by 2.6 million tons each year and cut soot
emissions by 110,000 tons annually.
Cars, Pickups and SUVs - By 2009, both gasoline and diesel cars, pickups and SUVs - regardless of fuel type and engine size _ will
meet the same stringent emissions standards. In the coming years, consumers can expect to see more diesel options in showrooms
http://www.dieselforum.org/newsartic1e/mticle/484/51/ 6/1/2006
~
and will ultimately benefit from diesel's greater fuel efficiency (typically 20 to 40 percent more miles per gallon than a comparable
gasoline version).
Construction Machines and Farm Equipment - Emissions reductions on the same magnitude as' those occurring for trucks and buses
in 2007 will be phased in for off-road construction and agricultural equipment later this decade.
The Existing Fleet - Many of the same clean diesel technologies developed for new engines can be applied to some older vehicles and
equipment. The nationwide availability of ultra-low sulfur fuel will help expand opportunities for these clean diesel retrofits.
"The clean diesel success story is shared with the numerous air quality organizations, public health advocates, environmental groups
and representatives from all levels of government that have worked towards cleaner air and improved public health.
The Diesel TeChnology Forum is proud to be a partner in the Clean Diesel Fuel Alliance (www.c1ean-diesel.org), which provides a
resource on technical issues regarding the introduction of the cleaner fuel.
###
The Diesel Technology Forum is a non-profit organization dedicated to promoting clean diesel technologies. Forum members include
engine and vehicle manufacturers, diesel fuel refiners, and manufacturers of emissions control devices.
-~----_._._--~._._-_._-_._-_.....--_._---_.__.__.._--_._----..-...-.--....--------------------..-.-....--------.-..-.
<- Back to: News Releases
.~~~~~~~~
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@2000-2005 Diesel Technology Forum. All Rights Reserved.
http://www.dieselforum.org/newsaltic1e/article/484/51/ 6/1/2006
Memorandum
To: Bruce Loney, P.E., City of Sltakopee
Joe Swentek, City of Sltakopee
From: John P. Wingard, P.E.
Date: May 11,2006
Re: Plan Review for I-State Truck Center
City of Sltakopee, MN
WSB Project No. 1281-99
We have reviewed the revised plans and storm water calculations for I-State Tmck Center.
These plans were prepared by Engineering, Inc, and dated April 19, 2006.
The plans need to be revised and re-submitted to address major issues with the stonn sewer,
grading and sanitary sewer design. Based on this review, we offer the following comments:
Preliminarv Plat
1. Sanitary sewer and water mains that cross property lines and serve more than one lot
should be covered by a drainage and utility easement. The plat should be revised to show
the additional drainage and utility easements.
2. The plat will need to be revised to show a drainage and utility easement over the
proposed storm sewer lines and storm water ponds that will be provided to handle nmoff
from adjacent right-of-way and off-site property.
3. The width of the easements for sanitary sewer and storm sewer lines should be at least 20
feet.
Storm Water Calculations
1. TIns development needs to revise the storm sewer plans, grading plans and the stOffi1
water calculations to show the storm sewer lines emptying into the ponds at the nonnal
water level. The new design will include a storm water conveyance system which will
provide a minimum of two feet of cover over the top of the pipe. The plans as submitted
are not cUlTently in compliance with the City's requirements.
2. The revised grading plans will need to show the proposed parking lot elevations above
the 100 year high water level of the adjacent ponds.
3. A 36-inch storm sewer line currently discharges onto proposed Lot 3 from 4th Avenue. A
publicly maintained storm sewer line should be shown to be constmcted to convey the
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Bruce Loney
Joe Swentek
May 11, 2006
Page 2
runoff water from the 36-inch line to the east to a proposed pond to be located on Lot 3.
The normal water level of the pond would need to be lowered to elevation 733.4 to allow
the existing 36" storm sewer line to drain into the pond. A skimmer structure should be
shown as the outlet device for the pond. The outlet for the Pond on Lot 3 would drain to
the north to the Pond on Lot 2.
4. Currently, the revised plans show directing the off-site storm water nmoffto the west
with 1000 feet of36" storm sewer along the north side of 4th Avenue. Then a newpond
would be constructed on Outlot A. The City will need to review the design to detern1ine
if the layout is appropriate.
5. The development will be required to provide rate control to limit the stOlm water flow to
one third of cubic feet per second per acre of development in a 100- year rainfall event.
Revised drainage calculations will need to be submitted with the new plans.
6. Each of the stonn water ponds should have a skimmer structure shown as the outlet
device for the pond. Attached is a copy of a skimmer stmcture detail that can be used for
the pond outlet structure.
7. The 18" culvert that crosses under 4th Avenue at the Shenandoah Drive intersection shall
drain to the northwest and connect to the proposed pond on Lot 3.
8. The storm water pond that will handle the runoff from Outlot A or Lots 4 and 5, which
will handle the direct runoff from 20.4 acres, should have an area of 0.8 acres at the
normal water level to meet NURP standards. The outlet for the pond should be shown to
drain to the north to the proposed pond on Lot 1. A skimmer structure should be shown
as the outlet device for the pond.
9. All storm sewer rim and invert elevations should be labeled to verify easement widths
and structure depths.
10. All drainage and utility easement widths shall be dimensioned where storm sewer extends
along lot lines or across the proposed lots.
Gradinl! and Erosion Control Plan
1. The grading plan will need to be revised and re-submitted for further review. The
emergency overflow for this development will be the railroad tracks. The revised plans
should show the elevations ofthe railroad tracks to determine the emergency overflow
location and elevation.
2. The proposed buildings shall be shown 3 feet above the high water level of the ponds and
one foot above the emergency overflow elevation along the railroad tracks.
C:\DocumelJlS alld SellilJgs\MNoblelLocal SettlllgslTemporary /lIIemel FilesIOLK9\MEMO-j swelllek-J I} 06- PIIII Review.dor
Bruce Loney
Joe Swentek
May 11,2006
Page 3
3. The erosion control plan shall identify that the pond slopes should be seeded with a
wetland buffer seed mix or a wetland seed mix.
4. The revised grading plan shall show the area of the pond in acres at the normal water
level, the wet storage volume ofthe pond in acre feet, and the vohU11e ofthe pond in
between the normal water level and the high water level in acre feet.
Sanitary Sewer and Water Main Plans
1. The sanitary sewer and water main layout should be revised and a new layout submitted
to the City for review. The current layout shows sanitary sewer and water lines that cross
the proposed ponds.
2. All existing and proposed sanitary sewer rim and invert elevations should be labeled to
verify easement widths and structure depths.
3. Manholes should be shown on the 8" sanitary sewer line at the end of line instead of
cleanouts.
This concludes our current review ofthis project based on these submittals. Attached is a copy
of the plans with our detailed red-line engineering comments. Thank you for the opportunity to
comment on this application. If you have any questions, please feel free to contact me at 763-
287-8306.
Attachment
cc: Ted Witkowski, WSB & Associates, Inc.
C:\Documellu olld Se/lillgslMNoble\Local SellillgslTemporary llllemel FilesIOLK9IMEMO-j swelllek-; II 06- Plat Review.c1oc
rENGUNHiERING, INCe
Consulting En!/ineers and land SUlVoyors
May 10, 2006
Mr, Mark Noble, Planner II
City of Shakopee
129 Holmes Street South
Shakopee MN 553'79
Reference: I-State Truck Center
E.!. No. 04082,04
Dear Mr. Noble:
As all of us are aware, there has been much discussion concerning the proposed 1-
State Truck Center facility adjacent to Highway 101 in Shakopee. We appreciate the
opportunity to discuss and educate the stakeholders about the I-State business and the
corporate philosophy of Interstate Companies, Inc. This letter will address many of the
concerns and misconceptions that have been expressed in various letters and
communications. We will address issues raised in Officer Scott Weiers memo dated
February 24, 2006, your May 4, 2006 memo to the Planning Commission and the email
from Mr. Lehman.
In an effort to make sure that everyone is as informed as possible on the overall project,
its layout and operations, build out schedule and the extra steps the developer is taking
to accommodate concerns that have been raised, we are holding a neighborhood
meeting at the KC building which is located at the corner of4tll Avenue and Sarazin
Street at 7:00 pm on Monday, May 15, 2006. We will also have additional information
and materials at the Planning Commission meeting on May 18. 2006.
The following information should address most of the comments raised by people in the
documents referred to above.
Transition Between Light Industrial Uses And Land South of 4th Avenue
This property has long been zoned light industrial. It appears that the City of Shakopee
prepared for the transition between light industrial and the neighborhoods to the south
by retaining commercial operations along most of the south side of 4th Avenue including
two commercial restaurant type establishments and a cemetery. There are five homes
whose lots adjoin 4th Avenue. It appears that the City determined that these lots could
1300 Norlh Tronslech Way . Billings, MT 59102 · Phone (406) 656.5255 · Fox(406) 656-0967 · YlI'lI'Ienginc.com
Mr. Mark Noble, Planner II
May 11,2006
Page 2
be residential in nature if the city retained a 50-60 foot buffer on the south side of 4th
Avenue to provide transition to the future light industrial develo~ment on the north side
of 4th Avenue. Only one of the five houses can be seen from 4 h Avenue. I-State has
committed to substantial tree and vegetation plantings along 4th Avenue, more than
typically required, to provide greater buffering and help maintain the peace and serenity
of the adjacent residential neighborhoods. We have provided an additional thirty feet of
landscape buffer along 4lh Avenue in addition to the required twenty feet. The
neighbors have requested and we are providing additional berming along with the
additional natural buffer area along 4th Avenue. This is being updated on our
landscaping and grading drawings accordingly. In addition, we will provide a cross-
sectional exhibit showing the relationship of this buffering from the proposed
powerSystems building to the homes on the south side of 4th Avenue. When
completed, all operations in the I-State operation will be shielded from 4th Avenue by
natural barriers. We had previously discussed a solid visual barrier such as fencing
but we were told that the natural screening, such as is along the south side of 4th
Avenue was preferred. The company has done everything possible to provide for an
orderly transition from light industrial to other uses south of the property.
Hours of Operations
Numerous questions have been raised about the hours of operation and general
operations. While the facilities are obligated to be able to provide service 24 hours a
day by their distributorship contracts with various manufacturers, the vast majority of
work is done during normal business hours. I-State Truck estimates that 85% of its
employees work standard hours. There are only six employees on the second shift and
three on the third shift. They are there to handle emergencies that may arise. Due to
the critical turnaround time for repairs of equipment haUling perishable goods or standby
generators for use by hospitals, etc. some after hours work is required. When the
Interstate corporate headquarters and tl1e Interstate PowerSystems operations are
added to the site, the percentage of people working standard hours will increase since
virtually all of the corporate headquarters work is done during normal working hours.
Overall percentages working standard hours will approach 90% when fully
implemented.
Campus Layout
Several suggestions have been made regarding moving the corporate headquarters
building closer to 4th Avenue. We have conducted extensive review regarding whether
the corporate headquarters could be relocated on the site. At this timewe have not
found an acceptable layout that allows for good overall work and traffic flow. We have
in fact determined that putting the corporate headquarters closer to 4th Avenue would
Mr. Mark Noble, Planner II
May 11,2006
Page .3
actually increase the traffic and disruptions along 4th Avenue. Traffic would increase
dramatically because employee usage would now be directed more to 4th Avenue. In
addition, more than one curb cut may be required to handle routine traffic flow.
The main entrances of each facility are being constructed on Shenandoah Drive and we
would expect the majority of the traffic to access at this point from Highway 101.
Although 4th Avenue is designated as a colfector street for traffic flow, and other platting
options would allow several access points along 4lh Avenue, we are limiting the current
development plans to one access point on 4th Avenue.
The campus layout has been designed with three ponds facing Shenandoah Avenue to
provide an aesthetic look and natural transitions from the street to the building
operations. As currently configured virtually all the traffic flow will come from Highway
101 to Shenandoah and into the campus. Moving the corporate headquarters adjacent
to 4th Avenue would actually result in a less neighborhood friendly layout. .
Questions have been asked about IftState's body shop. It will have a body shop as it.is
a required part of its operations. Body shop repairs constitute only about 1.25% of total
sales at I-State.. I-State is not in the IIwrecker service" business and has no plans to be
in that business.
Comparisons to the Rosevilfe Facility.
Many people have tried to draw comparisons to the existing Roseville facility as
indicative of the type of operation that will exist in Shakopee. This is grossly incorrect.
Interstate bought the Freightliner operation in Minneapolis in the fall of 2004. The prior
business was located in Roseville. Since the Roseville facility did not meet Interstate's
standards, Interstate refused to buy the building and agreed only to lease the building
while it assimilated the business and identified a better location. The Roseville building
is approximately 35-40 years old, was built to vastly different specifications than
Interstate uses today, and is not an appropriate comparison.
The more appropriate comparison is to the I-State building recently completed in
Billings, Montana. This building, designed by the same architect working on the
Shakopee facility is a stateftof-the art facility indicative of Interstate's standards for
quality. You have previously been provided drawings of that building and we will have
actual pictures available of this facility at the Neighborhood and Planning Commission
meetings.
A question has been raised about a "driver's lounge." Waiting areas exist in all
buildings that do repair work, so that people who bring a truck in for a short repair, have
Mr. Mark Noble, Planner II
May 11,2006
Page 4
some place to sit and wait (similar to a car dealership). The new facility will have a
waiting area"
Noise Issues
Concerns have been raised about noise levels on the property. While we appreciate
the concerns, these operations are not high noise producers. All of the operations
proposed on this site meet the requirements of light industrial operations within the
Shakopee zoning code" In addition, I-State and Interstate comply with all OSHA
requirements with respect to noise. Quite frankly, the train traffic on the tracks adjacent
to Highway 101 will generate louder noises than the I-State or Interstate facilities. Every
resident who purchased property south of 4th Avenue deals with the train noise on a
daily basis and knew that noise was there when they bought their home. We
understand that the train noise can be heard for several miles south of the tracks.
By contrast, Interstate's operations will be far less noisy. For example, virtually all work
done at any time of the day is done inside the building. The I-State building is designed
with 14 service bays. I-State currently services about 30 vehicles a day, Each truck
requires a truck bay during the repair. Ninety-five percent of the repair work done on
trucks is done with the truck turned off. Thus the noise level surrounding most repair
work is no different than working on your car in the driveway. "Jake braking" would not
normally occur at this site since trucks are not carrying loads, nor driving at highway
speeds. As noted below, the vast majority of truck traffic wHI be. on and off Highway
101, no different than it is today. Refrigeration unit repairs also do not generate high
noise levels. In fact, a refrigeration unit is usually no louder than an idling passenger
car.
The I-State building will not have a "dyno." The Interstate PowerSystems building which
will be constructed at a later date will have a Ildyno." The "dyno" is constructed in a
special room with special sound insulation to minimize its impact on surrounding uses
within and outside the building. We believe that its location will be far enough away
from any other property uses that it will have no impact on any noise concerns. We will
be happy to address additional questions regarding "dyno" llse at the Planning
Commission meeting.
It is unknown today what type of use will be proposed for Lots 4 and 5. It is not
currently contemplated that the I-State or Interstate PowerSystems uses will expand to
require additional buildings on those two lots. Whatever future use is proposed, it will
have to comply with city noise issues no differently than in the development of any other
var,ant lot. It is impossible today, to predictthat future.
Mr. Mark Noble, Planner II
May 11,2006
Page 5
Although we have not done a base level check, our intuitive sense is that a collector
road such as 4th Avenue would have a higher background noise level then our repair
facilities. Adding the train noise would certainly make that true.
I personally visited the Billings, Montana site this morning at 4:00 am and found no
activity at all and the only noise was that of the building exhaust fan which was
occasionally drowned out by the adjacent highway noise.
Test Drives & Safety Issues
Concerns have been raised about the frequency of test drives and safety issues related
to children. Unlike a car dealership, very few trucks require a test drive prior to
purchase. Fleet sales (more than 50% of all truck sales) are purchased based on a
specification sheet, and are never test driven. Other sales to local businesses generally
are based on truck specifications as drivers know how such vehicles drive. We
estimate that there might be 8 test drives for truck sales per month or less than 100
trucks a year taken for test drives. All of those test drives would occur on Highway 101
where there is already a significant amount of truck traffic. A typical test drive would be
about 3 miles each way on Highway 101. Test drives would occur on only about 6% of
total truck sales on an annual basis. Test drives would almost always include an I-State
employee. '-State does not engage in truck rentals, so there would be no in and out
traffic related to such short term activities. Seventy-five percent of all sales are new
trucJ< sales. The remainder are used trucks, mostly fleet returns when a fleet is
upgraded (which occurs about every three years).
Engine repairs are checked inside the building with the new electronic devices
available" Transmission repairs that require a test drive would all be done by going out
Shenandoah and onto Highway 101. Estimates are that only a handful of such test
drives (5 or 6) would occur on any given day.
There should be no safety concerns for children with respect to these test drives. We
assume that children are not free to wander around Highway 101 which isa high
volume, high speed highway.
Environmental Compliance
Concerns have been raised about the use of contaminants, storage and removal of the
same along with diesel"fumes." These fears are unfounded. Interstate has been fully
compliant with all state and federal requirements for the handling of fuel and other by-
products of the diesel engine business for decades. All waste oil and other products
Mr. Mark Noble. Planner II
May 1 I, 2006
Page 6
used on site are removed by certified waste removal facilities. Interstate takes great
pride in its environmental policies.
Neighbors apparently are fearul of "clouds of diesel fumes" interfering with their
backyard activities. Unfortunately, such statements reflect a lack of understanding of
the diesel engine business in today's world. Beginning in 1990, the federal government
has worked with the diesel engine manufacturers to radically change the level of diesel
emissions from trucks and other types of diesel engines. As a result, the new engines
released In 2007 will contain 98% fewer emissions than trucks did in 1990. By 2010,
the emission from diesel truck engines will be as clean as the air taken in by the engine.
The days of clouds of diesel fumes are long gone.
More importantly, actual truck usage at I-State is minimal anyway. As noted above, the
repairs are done inside, there Is very little road usage, and virtually all the repairs are
done with the engine off. The perception that an I-State facility generates lot of diesel
fumes is simply incorrect.
There Is no filtering of exhaust from the building because none is required. Once again,
all emissions from the vehicles and the buildings are strictly regulated by local, state
and federal regulations. As was pointed out at the last Planning Commission meeting,
new regulations on diesel emissions will make a truck exhaust better to breathe then
most of the air in California. We will provide additional back up information about
diesel emissions at the Planning Commission meeting.
Interstate Power Systems
There apparently Is some confusion over the type of operations at Interstate
powerSystems riPS"). IPS' primary business is diesel engine related as a distributor
for Detroit Diesel Corporation and related products. It has more expertise than I-State
Power in engine repair and analysis. The majority of its operation relates to the indirect
sale of truck engines and service of truck engines. It also does some work on "off-
highway" engines and generator sets. Its largest size engine work in Minnesota is 500
horsepower or less, which is half the size or less of a locomotive engine. The usage
characteristics of the Interstate building will be similar to the I-State building. The
buildings will be similar in character and design.
Miscellaneous Issues
All lighting will be cut-off in nature and designed in accordance with local lighting
ordinances.
Mr. Mark Noble, Planner II
May 11,2006
Page 7
I-State does not self busses. There will be trucks, busses and trailers on the site
however as part of repair activities. They are never stored. One of the I<ey operations
for the fleet clients that I-State will serve is the set up of new vehicles and trailers.
These are delivered to the site and made ready for operation. As soon as they are road
ready, they are delivered to the cHent.
I-State has only owned the property since the fall of 2005 and only been working on the
site planning and acquisition for about a year. We do not know where comments that
differ from this originated.
Efforts to classify this operation as a heavy industrial use based on comments made at
a Bloomington meeting several years ago are inappropriate. First, the usage is defined
by the Shakopee zoning code, not the zoning code of another city. I-State and
Interstate clearly meet the requirements of the Shakopee Zoning code. Second, the
context of the alleged comments is totally unrelated to the I-State operation. We also
understand that the City Attorney has reviewed the proposed use and found it in
compliance with the Shakopee zoning code. Third, those comments attributed to
Interstate's lawyer are not a basis for Shakopee to act. Interstate's lawyer does not
recall characterizing the usage as "heavy industrial" nor was the nature of heavy vs.
light industrial an issue in the proceeding before the Bloomington Planning Commission.
Dumpsters and trash are handled in accordance with local ordinances. Other locations
are subject to differing levels of control and screening on these items. The I-State
Center will comply with local regulations in this regard.
We are not specifically aware of how property values or taxation of the adjacent
properties will be affected. It is traditionally accepted however that taxation rates on
commercial and industrial users are higher than residential properties and therefore
carry a larger proportionate share of the tax burden thereby providing 50me relief to the
potential for ever escalating residential taxation.
Conclusion
As this proposal is reviewed, please keep in mind that this is not a truck stop. This is a
sophisticated corporate operation that provides seNices that make it possible for the
residents of Shakopee to buy groceries and shop at Target. It has always been a good
neighbor, it operates first class facilities, and it does not generate noise and other
adverse side effects that people are currently suspicious of.. When fully implemented in
Shakopee, Interstate will bring over 250 jobs to the city, pay substantial property taxes,
and pay millions of dollars a year in payroll to people in high paying jobs who will spend
significant portions of that payroll in and around Shakopee.
Mr. Mark Noble, Planner II
May 11, 2006
Page 8
Interstate Companies is receiving no special consideration for these facilities for tax
incentives or relocation cost waivers. On the contrary, the company is subject to all
fees, charges and costs associated with the development and relocation to this site.
They will be subject to full taxation at the local levels as will the employees that are
hired from the area or those that will relocate to the area.
I-State and the Interstate Companies believe they will be a good neighbor for all
adjacent uses and a valuable addition to the City of Shakopee that everyone can be
proud of.
Please let me know if you have any further comments or questions which we can
address at the upcoming meetings.
Idml
co: Gordon Galarneau, Jr. - Interstate Companies
Mark Kennedy - Kenmark Corp.
P:D4082_D4_Noble_Ltc051 006
Statements in
Opposition
I the undersigned am concerned with I-StateTrucking moving into the Shakopee
community and would like to have my voice heard. By signing this document, I would
like to go on record to state that I would like the council to disapprove the conditional use
permit to I-State Trucking.
Name:
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I the undersigned am concerned with I-State Trucking moving into the Shakopee
community and would like to have my voice heard. By signing this document, I would
like to go on record to state that I would like the council to disapprove the conditional use
permit to I-State Trucking. J
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Name:
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Phone:
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Name:
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Phone:
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Name:
Address:
Phone:
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Name: ,
Address:
Phone: ....
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Name:
Address:
Phone:
t:. ~f'C~~~\' \ :
I the undersigned am concerned with I-State Trucking moving into the Shakopee
community and would like to have my voice heard. By signing this document, I would
like to go on record to state that I would like the council to disapprove the conditional use
permit to I-State Trucking.
Name: "S
Address:
Phone:
Name:
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Phone:
Name:
Address:
Phone:
Name:
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Name:
Address:
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Name:
Address: .
Phone:
Name:
Address:
Phone:
Name:
Address:
Phone:
Name:
Address:
Phone:
I the undersigned am concerned with I -State Trucking moving into the Shakopee
community and would like to have my voice heard. By signing this document, I would
. like to go on record to state that I would like the council to disapprove the conditional use
permit to I-State Trucking.
Name:
Address:
Phone:
Name:
Address:
Phone:
Name:
Address:
Phone:
Name:
Address: 'SS3"l1
Phone:
Name:
Address: -
Phone:
Name: ~
Address:
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Name:
Address:
Phone:
Name:
=~ Address:
Phone:
Name:
Address: . 5 ~'5J-/ S1' [;
Phone: Cf~2 -Lfq 6- 00 7
Name:
Address:
Phone:
I the undersigned am concerned with I-State Trucking moving into the Shakopee
community and would like to have my voice heard. By signing this document, I would
like to go on record to state that I would like the council to disapprove the conditional use .
. permit to I-State Trucking.
~ ~ .4
Name: t: (f,1A -r Ie- a-.Nt. '-I-ir u. fA.--
Address: 7~.I::li! 'P,\//1 p ~l!Jocl Dr"" _'Z(J ~ -J::.#r..pe
Phone:Zq < ~ \ l/ '" 6 ... ....:1.. ~,~ l./. 'I II
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Name: --...til ~ f ~:Jls ~
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Phone: ;..d..1.-4 q (J ct I '3 ~ '
Name: / ,./~,~ cL ~ ,.j ~-- ""'/
Address: ' 'i.16 C7 /I'~ -- aJ Or" d fJ f1 >.1 ~
Phone: q ~2 ~ &.r'7"Jv-:i)909'
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Name: '-- /w J A no V jJ\ Cl D rJ lllA /'J lit t
~' Address: c::;l i.b -i.] Pi ^ 0 d e'l[lm}, . Jl>....I J J-e....,I
Phone: ..... c:. ~ /-,.-v I~ 0 a_ \..:rvl.A/ KJ:\.-=i' ,Cf
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Name: //),/ )) . 1 AA.-cY/t-r-t{ I p ~
Address: I "" 'Z I 'Z- tj r? irL-/ lA-l /J c) d ()r
Phone: c::..' /1A-PJJ'V/tl.t?.p7/ /J.1 If}. ~~ -71
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Name: ,t../A(2.-oN Ie. VII f'f'? J .
Address: Ivl Y 1- <. f f!.- 1IIl...!6 '5 -'(. c,,]-J f\ /wf j;"~ h/l J ~~"3 7 q
Phone: I t:1 L;" -i..'J L-I '-i;; - I J 0 t/
Name: L rU R IE- )VF-F
Address:1i (~ A- s I- ~ T. S~ Ii j.( 11 fE ~ !vi rJ 5 &:) =>./] q
Phone: 7 QS d--) l/ Y s - '7 J ~O
Name: I ~ ",--kt1 1 A tlbt:>e 11 .
Address: 4~: LIlh::h .~.{( .v.1 '" h.rA.l--A..I^ {} II M III f::{~<7Cj
Phone: ~ ~2. - 4 q (" -Sbft, 'J ' ,-
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Name: / 1111' J.l1c~}V' A _/J -
_ Address: /., 17/.;fJ ? ~ . <!: v."., I71IM !X;{/7 'I
Phone: ~ ::J -11%,.....~;~ () I
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Name: . ('{\ V n?' ../r\.YX t\ ~
Address: 'L' ~\ L;; \A Y\.Q ~ tJJ .
Phone: A~L - U ) -J '- 1)- 1 C15IIJ
v
I the undersigned am concerned with I~State Trucking moving into the Shakopee
community and would like to have my voice heard. By signing this document, I would
like to go on record to state that I would like the council to disapprove the conditional use
pennit to I-State Trucking.
Name:
Address:
Phone:
Name:
Address:
Phone:
Name:
Address:
", Phone:
Name: ,~ e:S c~
Address: ~3 ..., l.{ '? \" e ..,ut" (/<1... '0 ,'"
Phone: 9 '-:;)- L\ Ctlt;..," CJ \. ..
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Name:
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Name:
Address:
Phone:
Name:
Address:
Phone:
Name:
Address:
Phone:
Name:
Address:
Phone:
I the undersigned am concerned with I -State Trucking moving into the Shakopee
community and would like to have my voice heard. By signing this document, I would
like to go on record to state that I would like the council to disapprove the conditional use
permitto I-State Trucking.
Name:
Address:
Phone: "f<.:)'lv- 4()~q ~ t. ':3S-
Nagle:
Address:
Phone:
Name:
Address:
Phone:
Name:
Address:
Phone:
Name:
Address:
Phone:
Name:
Address:
Phone:
Name:
Address:
Phone:
Name:
Address:
Phone:
Name:
Address:
Phone:
Name:
Address:
Phone:
I the undersigned am concerned with I-State Trucking moving into the Shakopee
community and would like to have my voice heard. By signing this document, I would
like to go on record to state that I would like the council to disapprove the conditional use
permit to I-State Trucking.
Name:
Address: $v
Phone: tl45,~'4C.
Name:
Address:
Phone:
Name:
Address:
Phone:
Name:
Address:
Phone:
Name:
Address: .
Phone:
Name:
Address: 6+
Phone:
Name:
Address:
Phone:
Name:
Address:
Phone:
Name:
Address:
Phone:
Name:
Address:
Phone:
I the undersigned am concerned with I -State Trucking moving into the Shakopee
community and would like to have my voice heard. By signing this document, I would
like to go on record to state that I would like the council to disapprove the conditional use
permit to I-State Trucking.
Name:
Address:
Phone:
Name:
~i:..-- Address:
Phone:
Name:
Address:
Phone:
Name:
~' Address:
Phone:
Name:
Address:
Phone:
Name:
Address:
Phone:
Name: YJ4/ t,'r., r:: /I <' or -'"
Address: /05-(1 HCl c.. (... Il--v~
Phone: N"1r f~ ,'.il L J VV1 ,0
Name:
Address:
Phone:
Name:
Address:
Phone:
Name:
Address:
Phone:
I the undersigned am concerned with I-State Trucking moving into the Shakopee
community and would like to have my voice heard. By signing this document, I would
like to go on record to state that I would like the council to disapprove the conditional use
permit to I-State Trucking.
Name:
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Phone:
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Name: ,~~ .....~__,.~f1~.,A.~~~')"~y.....~ ..L. .".\~:..~: .~:~. .::':~?~~~_..~.,.-.,-'.
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Phone: ?" ~5~ '~::. " /1; ....~., r
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Phone: ;::;,::'~I """ :~? >":" ;,' '-
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Name:
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Name:
Address: 57;"5:;-'}
Phone:
Name:
<","=""",...,,~ Address: Ie <:.ttf?-t"" -e '1/ 5S"'f 79'
Phone:
Name:
Address:
Phone:
I the undersigned am concerned with I-State Trucking moving intothe Shakopee
community and would like to have my voice heard. By signing this document, I would
like to go on record to state that I would like the council to disapprove the conditional use
permit to I-State Trucking.
Name:
Address:
Phone:
Name:
Address:
Phone:
Name:
Address:
Phone:
Name:
.------'" Address:
Phone:
Name:
Address:
Phone:
Name:
Address:
Phone:
Name:
Address:
Phone:
Name:
Address:
Phone:
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Name: "' "\ ~ ~ ~c.-:o '\<. ~, <,;...\+.--
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"",."".., Address: '"5 G:::.'7:> --r- \::,E;-{oZ- <-"
Phone: Cf-v <--44'$ - '"ZS~'-
Name:
Address:
Phone:
I the undersigned am concerned with I -State Trucking moving into the Shakopee
community and would like to have my voice heard. By signing this document, I would
like to go on record to state that I would like the council to disapprove the conditional use
peFmit to I-State Trucking.
Name: .JERNN f. rnuGt.-1I5 I
Address: 23'3 '7 171.. YS/lE/JA f'11uf?r SII/tf.<.o PF-tE I
Phone: 15 z- 403 ~~ ~3 '7
Name: L--t...Al '\."'\ No;-('
Address: .~?:,., ,A{ - I I c:-.. C;t- ,~~""~ n
Phone: c 15 2.. ~. '1 '1 '5" ~ I '-., ~ '-i ~
Name: PL. \\ ~ ~ ~ ft\d, <;.<..:.. '1.,. \...~ ,
Address: i) 2.:..16,41' '.L.I. (f'l-;:JF ?n4K"rAPp
Phone: {..I ~... ~.., - (h~ 11 I
Name:
Address:
Phone:
Name:
Address:
Phone:
Name:
Address:
Phone:
. Name:
Address:
Phone:
Name: .
Address:
Phone:
Name:
Address:
Phone:
Name:
Address:
Phone:
I the undersigned am concerned with I-State Trucking moving into the Shakopee
community and would like to have my voice heard. By signing this document, I would
like to go on record to state that I would like the council to disapprove the conditional use
permit to I-State T ..
( . .11 ^ A.
r-- . Name: '\.J;rA ,f.A) aJ! ;r 1.../) /b ~ /ln2.1
Address: .N" 12- t: / I/J ,/' / 7 J4.- V' ~ sDc~ ~,t~
,Phone: Ci ~z;-j - L/~,)!- i/ <f L. (/ I
Name: f:'rJ (~ ~ ,....,;,.dIA~r ,
Address: J 2t"~ if M /I J A I C::;-I-. .
Phone: < I /> E: n<?',,:-...J MAl (=)' ,1";' \> '7 ~
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Name: ' AA/l1J J ./ ' /it?t!;1 ~) . (II 11 ,
Address: 8J1/ 1/ ao-e- I ~/"'..... v IL 1\ 1i2~. '/1A.4A.....
Phone: I W . ~ ,
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Name: '\huG! LftJ-S D.A -:S~A (A."-S
Address: ( ~ \..P RL tJ ef' STEM ::> 'I" !...\3 ~ c~ MN
Phone: 233..2:?67 ,
Name:
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Name:
Address:
Phone:
Name:
Address:
Phone:
Name:
Address:
Phone:
Name:
Address:
Phone: ."
Name:
Address:
Phone:
I the undersigned am concerned with I-State Trucking moving into the Shakopee
community and would like to have my voice heard. By signing this document, I would
like to go on record to state that I would like the council to disapprove the conditional use
permit to I-State Trucking.
Name:
Address:
Phone:
Name:
~." Address:
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Phone: --....
Name:
Address:
Phone:
Name:
Address:
Phone:
Name:
Address: JI ./-/
Phone:
Name:
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Phone:
Name:
Address:
Phone:
Name:
Address:
Phone:
Name:
Address:
Phone:
Name:
Address:
Phone:
I the undersigned am concerned with I-State Trucking moving into the Shakopee
community and would like to have my voice heard. By signing this document, I would
like to go on record to state that I would like the council to disapprove the conditional use
permit to I-State Trucking.
Name: \) td /;/'; L r"~Jf~/;-~J".
Address: - 'lJ:ii~:l (~7){l 11J1 i I. -,'--V.. iLl-I),'
Phone: (>': ;: ".'
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Name: ( < (~.....v\ YOA-Ctz...~DY\
Address: l 0( ~() -E:'~)L.,.J;0"v\ fJ'v-e
Phone: ' "'-1 -SL - '1 b :\ -- 0 ~) \ D
r; V'~\(v' /' C c\.v" ~LQ. j+{ e: ~~ 'S ~ COVV\.
Name: '4-vvn ..~-o {".... r
Address: l' q;:} (/') f" (i, r<L . 'r-<. iL..... 'L.-'
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Phone: "//1 r. 11- ~ "" _<- J A)-'L/l..} '?SZ- '/C(h .-<Ur'-J'
E'I'l'i,,~;i' 0 /J Q !\./f/_7~ VHC r,.", ---.J
Name: ~:A-~! 0 ~ -\..-" IS-C) n
~"'"""Address: \ Q,' 2., ~~ ~~C'-1 c,..v... \. OA. <-P
Phone: a. c::, A u.. 0 i. -/ () <:::.-> ( t-..}
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Name: D Ci '-, Cl.c~ 0 - J
...--'" Address: . '/ (/ 2Jr~ ~. (>--:;-i..&, -A~
Phone: 7'( 2- ~I ct t. ~ :( J ;'7
[;;r\'l(!t,i / " .,t'cfS Ft-L"2-@ .;rf-d( _ c.."'...-..-'
Name: ' t 'V
Address:
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Name: .'
Address:
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Name:
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Phone: .
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Name:
Address:
Phone:
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Name:
Address:
Phone:
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/.;.' N\"! r i .
I the undersigned am concerned with I-State Trucking moving into the Shakopee
community and would like to have my voice heard. By signing this document, I would
like to go on record to state that I would like the council to disapprove the conditional use
permit to I-State Trucking.
Name: Mi (111 -() NfI'A I AM 4 A,\
Address: \~'1/~ 'l ~f1.' I HI ~ OJ;...L Ch iJ I.-"'II/\/J HNSS3'7Q
Phone: q02- - LEOL -oY7 (;11 w I .
Name: 13 ~E:JJ..- ;Jt;:'. I t:1..A...J
." Address: lq ':1..'1 PA{2.. r~ LJ A- '(' 4-~. S-IMJ<.oP~e:: t-I,~ S:-ST7<:>
Phone: (<'15;) J '-l () :> - 0 -7(;, ..,
Name: < .kuv? ~ J-.: [ ~. .. IT
Address: /q5T (~..,Jv.x~.v A~
Phone: 'l')2.- 4D3- 64Z-}
.
Name:
Address: .
Phone: .
Name:
Address:
Phone:
Name:
Address:
Phone:
Name:
Address:
Phone:
Name:
Address:
Phone:
Name: .'.
Address:
Phone:
Name:
Address:
Phone:
I the undersigned am concerned with I-State Trucking moving into the Shakopee
community and would like to have my voice heard. By signing this document, I would
like to go on record to state that I would like ilie coun~sapprove ilie conditional ase
permit to I-State Trucking. . ~ ~
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Name: 1.//'1. I' tb ,1~ / ~ .y.......,v
Address: ;i1L <( ;;c,,,/.,./c, ....1 f A r/(
Phone: '7 >2 - 22") - i.f f-' /~-
Name: FJ, (/ {/'-t. C; /L ~/h/ -,c~ /l
,.---~ Address: /1.;-~' ?ttf+ (..# CU,.r ,4,;-<-.,.
Phone: t1~;J-- i/tJ~ -tltl:b S.t;ch/fJ.fmLt1! 1A.~fY)/l. rr, CtJ. '1/
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Name: ~. MA.1PQA...)
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Address: i~4,~ 1=0 lo.. DD. 'lCL...A Av-e. , .
Phone: 44S-(J?,tO '-J bi'+O 0~:::kUm~h ~ '\/1/1
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Name:
Address:
Phone:
Name:
Address: .
Phone:
Name:
Address:
Phone:
Name:
Address:
Phone:
Name:
Address:
Phone:
Name:
Address:
Phone:
Name:
Address:
Phone:
I the undersigned am concerned with I-State Trucking moving into the Shakopee
community and would like to have my voice heard. By signing this document, I would
like to go on record to state that I would like the council to disapprove the conditional use
permit to I-State Trucking.
-
Name: (?('oo""s Rus..e III 0 I A) I : AAh A Y/An DM",,4--
Address: ?O~1 u(~~V1v.T6L1 AI)(, <'^\ :11' I'IoAD./l V11.t1
Phone: CJ S? - ~OO - I}. ,e, -,.
<"". '. \, b(c)~PV\Dt.V~ v'dtrv~ . ( oV\A
f- \";~tk \ \ '
'Name: K.. ~I tvl R fisMIlJ//t-)
Address: tJ 11 9:'-{ . Z!:iYi- ~ '"'/'1 I.A.J C1./i ~ ~ r;.fv;t YtJ/lOIJ I1A f\.,
Phone: //7r7 2-:-1.2. f?Y (j-Cj ....I
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Name: '"
Address:
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Name:
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Name:
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Phone:
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Name:
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Phone:
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Name:
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Phone:
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Name:
Address:
Phone:
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Name:
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Phone:
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Name:
Address:
Phone:
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~'1 .. ,".' !.
I the undersigned am concerned with I-State Trucking moving into the Shakopee
community and would like to have my voice heard. By signing this document, I would
like to go on record to state that I would like the council to disapprove the conditional use
permit to I-State Trucking.
Name: ~O) ~.. ./'1: A-J.-
Address: lql..//..f l} A 0 0 III/ drill A-.t Jf' .
Phone: .Q6ri.. Uqb Q(nIQ-;J
Name: A '~oI'O >"\. 5" c 11 "{'d +;
,------- Address: 1&14-4 GV"'''A' ._.; 1..Jv~
Phone: Pz;1 Lt-4C ~(I 0
C1Ct~ol1_ ~ct,w.(.,U(..) et1v+~h"'\ k. V)/?'+
Name:
Address:
Phone:
Name:
Address:
Phone:
Name:
Address:
Phone:
.
Name:
Address:
Phone:
Name:
Address:
Phone:
Name:
Address:
Phone:
Name:
Address:
Phone:
Name: .
Address:
Phone:
~"
I the undersigned am concemedwith I-State Trucking moving into the Shakopee
community and would like to have my voice heard. By signing this document, I would
like to go on record to state that I would like the council to disapprove the conditional use
permit to I-State Trucking.
Name: .~11 C&-It~n
Address: ~;)...).g G-v$t-v.JtMJ ~" <1- ^ L;:";MP_ imiJ ~ >" ~ 7 ~
Phone: ~ ~)..... .)_:~ 3.- '3 ifS-lP II
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Name: ~ j,.1tuVJ)}Jrj- f'
Address: F ....~_t')l!., ~~ C/i';W~ (~
Phone: ( (). /" t.lctS" - en 1.62-
~, 11 ^ n A!
Name: I Y YA () A /-;0/) f-rrp Jj 11
Address: ~ ~ -('\"'If/..., r c.L n '/1 A J6.v\
Phone: ' Cj c-:::l- \J d..I"L;,-t:.:: /I L, 7' ) ~
fA _' ,-'v
Name: 7 / ~~ -; /1. . ...A-", ./ J
Address: 7' 7 -:? (/'&16 Ii"A CtJ:;/J Y A 1/ L.:
Phone: CfS~ v 0/'<11' ' eft' 7/
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Name: {7I~A"//0A:f'~,...)
Address: '-:" ~~~tn I A{'r5t\1 lC"
Phone: 0Gq--~,..t107 {
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Name: C'Z--tA 'ev VjJ~ A J I 0 0 I r ~ ]I .
Address: ( )( <) ,'I' ~; J.A. .,.-7 ~ n- V"" v
Phone: C1 :5 ,?, ~ j) 3 S "}; t..f?} I "-'
Name: '.-
Address:
Phone: .
Name:
Address:
Phone:
Name:
Address:
Phone:
Name:
Address:
Phone: .
.
I the undersigned am concerned with I-State Trucking moving into the Shakopee
community and would like to have my voice heard. By signing this document, I would
like to go on record to state that I would like the council to disapprove the conditional use
permit to I-State Trucking.
Name:
Address:
Phone:
Name:
Address:
Phone:
Name:
Address:
Phone:
Name:
Address:
Phone:
Name:
""",,,--,,-'. Address:
Phone:
Name:
,,----~ Address:
Phone:
Name:
Address:
Phone:
Name:
Address:
Phone:
Name:
-- Address:
Phone:
Name:
Address: "
Phone:
I the undersigned amconcemed with I-State Trucking moving into the Shakopee
community and would like to have my voice heard~ By signing this document, I would
like to go on record to state that I would like the council to disapprove the conditional use
permit to I-State Trucking.
Name:
Address:
Phone:
E..'{^"'\~'l' \ ":
Name:
Address: .-
Phone: !
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t:_ .",( ,; ~\ . !
Name:
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Name:
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Name:
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Name:
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Name:
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Phone:
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Name: ~'
Address: <;. -t -
Phone: ") l, Co d..
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Name:
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Phone:
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Name:
Address:
Phone:
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I the undersigned am concerned with I-State Trucking moving into the Shakopee
community and would like to have my voice heard. By signing this document, I would
like to go on record to state that I would like the council to disapprove the conditional use
permit to I-State Trucking.
Name:
Address:
Phone:
,(.
..-J~{':(\o:y~ ~.~\ ~
Name:
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Phone:
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Name:
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Name:
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Phone:
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Name:
Address: ' 'JJp1 .
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Name:
Address:
Phone:
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Name:
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Phone:
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Name:
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Phone:
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Name:
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Phone:
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Name:
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Phone:
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"
I the undersigned am concerned with I-State Trucking moving into the Shakopee
community and would like to have my voice heard. By signing this document, I would
like to go on record to state that I would like the council to disapprove the conditional use
permit to I-State Trucking.
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community and would like to have my voice heard. By signing this document, I would
like to go on record to state that I would like the council to disapprove the conditional use
permit to I-State Trucking.
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like to go on record to state that I would like the council to disapprove the conditional use
permit to I-State Trucking.
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like to go on record to state that I would like the council to disapprove the conditional use
permit to I-State Trucking.
Name:
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community and would like to have my voice heard. By signing this document, I would
like to go on record to state that I would like the council to disapprove the conditional use
permit to I-State Trucking.
Name:
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community and would like to have my voice heard. By signing this document, I would
like to go on record to state that I would like the council to disapprove the conditional use
permit to I-State Trucking.
Name:
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I the undersigned am concerned with I-State Trucking moving into the Shakopee
community and would like to have my voice heard. By signing this document, I would
like to go on record to state that I would like the council to disapprove tp.e conditional use
permit to I-State Trucking.
Name:
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I the undersigned am concerned with I-State Trucking moving into the Shakopee
community andwould like to have my voice heard. By signing this document, I would
like to go on record to state that I would like the council to disapprove the conditional use
permit to I-State Trucking.
Name:
Address:
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Mark Noble
From: Scott Maloney [smaloney@omnidataretrieval.com]
Sent: Wednesday, March 29, 2006 1 :42 PM
To: Mark Noble
Subject: I-State Trucking Center
March 29, 2006
\1r. Mark Noble
2ity of Shakopee
129 Holmes Street S.
Shakopee MN 55379
Reference: I-State Truck Center
Dear Mr. Noble,
fhank you for the opportunity to review the previous correspondence regarding the proposed I-State Truck Center
ievelopment. I understand that your commission/board is planning to make a decision on this proposition in the very
lear future. It was only very recently that I became aware of the plans and the direction the land development was
leaded. My apologies for entering this discussion near the end of your process, but feel my concerns, which are shared
;vith a good portion of my neighbors, should be considered prior to making a decision on this proposal.
1. First and foremost, I'm curious to better understand the full impact any land development might have on
our local ecological system. How much time and consideration has been given with regard to this land and
its impact on protected or endangered wildlife/plant life species. Has the committee considered the
possibility of a negative impact on such species during the development of this land? Is it possible that
progressing with this proposal will further endanger federally protected or endangered species?
2. Noise, I'm very concerned with regard to the level of noise this facility may have on our neighborhoods.
Idling trucks, buses or otherwise are considered noisy and would certainly infringe on Shakopee's strategy
of enhancing physical and mental health. Certainly the constant droning of a diesel engine would not be
conducive to enhancement of physical nor mental health.
3. Traffic, I understand that the developers of this land insist that entrance would be through Hwy 101. I
appreciate their commitment but also understand that as soon as word is out that route from county road 16
is shortened by way of Sarazin St, the residents in this area will have an increase of tractor trailer traffic.
This is a very nice residential area where we already struggle with elevated speeds along Sarazin. It would
be a blessing not to have to worry about 18 wheelers as well.
4. Lighting, the developers of this project reference "lighting will be cut-off in nature and designed in
accordance with local lighting ordinances." I'm unfamiliar with the local lighting ordinance but can
certainly get a good impression of what that ordinance might look like by taking a trip down hwy 13 to
Savage and viewing the Western Star Truck sales facility. The lighting is absolutely obtrusive and non
conducive with Shakopee's commitment to an "Active and Healthy Community." How would this
additional light pollution encourage an active healthy astronomer to spend time with his children learning
and familiarizing themselves with our solar systems constellations?
5. Aesthetics, again I'd encourage the commission/board to consider the general appearance and aesthetics of
the Western Star Truck Sales facility in Savage. Clearly they have a service facility with a full lot of older
trucks, buses, and refrigerated vehicles. All these vehicles in one stage or another of repair, refurbishment
or long term storage. They have done all they can be expected to do with regard to landscaping, plants,
)3/29/2006
trees, they've gone so far as to add a pond with a fountain in the front. The end result is a respectable looking
building but there is no escaping the eye sore of these older, very large vehicles parked in their lot. Not to
mention the need for illuminating these vehicles by way of overhead lights to improve lot security and deter
theft/vandalism.
These are just a short list of some of my concerns and those of my direct neighbors. Please understand I've only had
the chance to contact those direct neighbors and bring them up to speed on the latest development plans. As, I
mentioned previously my involvement with this proposal is fairly new as I just recently became aware of the proposed
development plans.
[ trust given the areas of concern referenced above ranging from environmental to general health and well being the
~ommissionlboard will see that this proposal is not a good fit for our community. I believe there are alternate plans that
would be more in line with our neighborhood and consist of a better fit for the long term benefit of our city.
Thank you very much for the opportunity to voice my concerns and the time given for consideration of those concerns.
Best Regards,
Scott W. Maloney
1803 Parkway Avenue
Shakopee MN 55379
512-708-4807
~52-445-0171
03/29/2006
475 Gorman St.
Shakopee, MN 55379
952-233-9400 ph.
952-233-3811 fax
From: Scott Maloney [mailto:smaloney@omnidataretrieval.com]
Sent: Tuesday, March 28, 2006 11:47 AM
To: Scott Weiers
Subject: I state Truck Center
Good Morning Officer Weiers,
I'm writing this morning to initiate contact and open> discussion regarding the proposed addition of the I state Truck Center
in Shakopee. I own a home near the intersection of 4th avenue and Sarazin St.
I have just recently become aware of the proposed plans to allow for the building of the I state Truck Center. Needless to
say I am not excited about the potential for increased noise, light pollution, general appearance/aesthetics and ultimately
traffic. I've been in contact with the Mr. Mark Noble and he's passed on some of your concerns along with your letter
dated February 24, 2006. It's obvious after reading your letter that you and J share some of the same concerns.
I'm curious to know if you are still actively inquiring/objecting to the I state Truck Center proposal. If so I'm very interested
to better understand how myself and perhaps some of my neighbors might be able to help/support your efforts.
Please feel free to drop me a line or give me a call once you've had a chance to review my message above.
Thanks in advance for any help you might be able to offer.
Best Regards,
Scott Maloney
1803 Parkway Ave
612-708-4807
03/3012006
Mark Noble
From: Steve Menden
Sent: Tuesday, April 18, 200612:27 PM
To: Michael Leek
Subject: FW: I State Truck Center
FYI
From: GORDY DEBI PEHRSON [mailto:scooterp2003@msn.com]
Sent: Mon 4/17/2006 8:45 PM
To: John.Schmitti Steve Clay; terryjoos@hotmaiJ.com; Steve Menden; mlehman@mn.rr.com
Subject: I State Truck Center
Dear Mayor, City Council Members;
I just left a meeting with approximately 50 to 60 neighbors to discuss the request for a conditional use permit
for retail sales by I-State Trucking Centers.
The request for a conditional use permit for a 5-phase truck center near the residential areas along Fourth Ave.
and Sarazin St. should not be approved by the city. Allowing the I-State Truck Center at this location will
negatively impact the surrounding neighborhoods by significantly increasing traffic, noise, fumes, and lights.
Phase-one, two, and three include a retail truck sales, service, and parts facility, national headquarters, and a
sales facility dedicated to large scale generator and motor applications.
As we all know, Shakopee has grown significantly in recent years. Growth is expected, and can be good,
however growth also needs to be intelligently planned with a clear vision of long-range outcomes. Allowing I-
State Truck Centers to build at this location does not follow the vision our community needs. I feel this
plan equals the poor planning that has permitted large scale multi-family housing units to take over the
majority of development in the city.
I urge you all,as elected officials and as residents who care about the future of our community, to assist I-State
Trucking Centers in locating an alternative suitable location for their facilities that will not disrupt the quality of
life for the affected Shakopee residents.
Thank you for your time and interest in this issue, and for your continued service to the citizens of Shakopee.
Sincerely,
Gordy Pehrson
1804 Greenway Ave.
Shakopee, MN. 55379
Home Ph: (952) 445-6047
04/19/2006
Mark Noble
From: Steve Menden
Sent: Tuesday, April 18, 2006 12:28 PM
To: Michael Leek
Subject: FW: I-State Truck Center
FYI
From: Sharon Dulaney [mailta:treIl89@earthlink.net]
Sent: Man 4/17/2006 8:46 PM
To: John Schmitt
Cc: Steve Clay; terryjoos@hotmail.com; Steve Menden; mlehman@mn.rr.com
Subject: I -State Truck Center
Dear Mr. Mayor
I am a parent of three children and resident of Shakopee and reside in the Prairie Bend Subdivision. I live close to fourth avenue
and Sarazin and am really concern about the possibility of I-State truck center being located near my neighborhood. I am really
concerned about traffic issues as well as health and safety issues. I have done some research and have discovered that
children who live in heavy traffic areas caused by trucks are more than likely to develop respiratory problems and asthma from the
pollutants caused by the trucks. Mr. Mayor, I have two sons who have allergies. One of these sons 'allergies are so severe that
he has to take allergy shots. If I-Truck Center is allowed to reside near my subdivision, I am afraid that my sons' conditions may
worsen. A lot of families with children reside in Prairie Bend, and I can think of several other children who already have allergies
or asthma. So I will be attending the council meeting on Thursday to make known that I don't approve of I-State Truck Center
proposing to be located near a residential area.
Sharon Dulaney
treIl89@earthlink.net
EarthLink Revolves Around You.
04/1912006
Mark Noble
--
From: Steve Menden
Sent: Tuesday, April 18, 200612:29 PM
To: Michael Leek
Subject: FW: I-State Trucking...
Importance: High
FYI
From: JAMES CONNELL [mailto:jconnell@arrow.com]
Sent: Tue 4/18/200610:22 AM
To: John Schmitt; Steve Clay; terryjoos@hotmail.com; Steve Menden; mlehman@mn.rr.com
Subject: I-State Trucking...
To the Elected Policy Makers for Shakopee,
I am against the proposed location for
the I-State Truck Center!
I was told at a community meeting last night that the Mayor and members of the
council hadn't heard any dissention towards the I-State Truck Center that
is being proposed via the CUP application currently being considered by
the planning commission. We had at least 50 members of the community
present last night voicing our concerns against this proposal and we want
to make sure our voices our heard.
We'll be attending the planning meeting en mass, as well as the council
meetings if this were to advance that far. This isn't an appropriate site
for a trucking facility. It's an interstate business that should be located
in an industrial location closer to the interstate. You've got single homes
that are easily within 300 feet of this proposed development. There's a
reason for buffer zones, for noise ordaniances and such, and for not
locating such businesses so close to other land uses that will result
in loss of property value, decreased safety, etc...
This is also a business who isn't even in good standing with the
Better Business Bureau. They have an unsatisfactory classification
with the BBB, for not only responding to the customer's complaint,
but also not even responding to the BBB inquiries. If this business
isn't even willing to respond to customers and the BBB, how are
they going to respond to complaints of noise, of deisel exhaust,
of 24 hour lighting, of road deteriation, of safety concerns from
the community? All of us in business are told the customer is
king. How do you not respond to them or to an organization who
rates your interaction with customers and your ability to solve
problems?
You've done a great job in building a beautiful boulevard along 4th
Ave East from the KC Hall to the Shakopee Ballroom. The local
residents use it for walks, for biking and rollerblading, for going
for runs, etc. Why ruin all this work by letting this business into
this area, where it's not even zoned to be located? I am for growth
and development, but not at this price. Location, location, location.
This is NOT the appropriate location.
Feel free to call me with any questions or to discuss...
04/1912006
Regards,
Jim Connell
1945 Eastway Avenue
Shakopee, MN
55379
952-445-8964
:)4/19/2006
ISTATE TRUCKING Page 1 of2
,
Tami Vidmar
-_.~-_.,--.....__._-~-_......._-------_.~-_. _..~.-...--_.-----._......_._-,.-..._...._.._-_.--_...,..~,.... ......-.... ..,..,.........--
From: Greg White [Gwhite@fargo.com]
Sent: Thursday, May 04,200612:02 PM
To: Tami Vidmar
Cc: John Schmitt
Subject: (STATE TRUCKING
Importance: High
I am not able to attend the meeting you have.
Please forward to the proper staff.
I am a resident of 2214 Meridian Drive.
Shakopee.
I heard through my neighbors that you are planning to have a trucking facility called Istate located very close to
my home.
I strongly object to this plan. I am sure that none of the planning commission is within a mile of this
Facility. I do not want to hear trucks in the middle of the night nor expose my children to toxic chemicals from a
24x7 facility.
I like fresh air, I am sure you do to. I like to leave the windows open in the middle of the night during summer for
fresh air. I do not need some chemical residue coming inside my house. Both myself and my youngest daughter
suffer from allergies and are aggravated by pollution. This development will not help.
The last thing 1 want to hear is a bunch of trucks driving in my location waking me and my children up.
I think this was a bad decision made by your planning committee. I understand this plan is already under
construction and will not be stopped.
Who is going to pay for all the road work due to the trucks wear and tear on the roads being used? NOT THEM,
the city will end up paying!
Our property value will drop on our homes in that area. How will we be compensated? Greatly reduced property
taxes? Is this creating a ton of new jobs for Shakopee?
1 already have enough traffic zipping through our neighborhood with all the apartments you have allowed to be
built on Shenadoah.
I need to restate that I am not happy with this decision of ISTATE in Shakopee or at least by my neighborhood.
If this is going to happen no matter what, there needs to be some restrictions.
It should NOT be a 24 hour facility. It should not have rights to expand their development into more territory.
It should not have access to Shenadoah or Eastway OR Alysheba drive or 4th ave.
()~/04/?()()fl
ISTATE TRUCKING Page 2 of2
They should be taxed to cover road maintenance.
Thank you
Greg White
952-233-4945
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Everything they are Proposing is Opposite of
how thev Currentlv run their other Facilities
24 Hr. Service
Bay Doors Open
Storage
Dumpsters/Trash
. .. , .
Cost of Property + Fines Cost of other Heavy
Industrial Property
Willfines become just "the price of doing business?"
e/ ()~ /'
/' ~'
All of their other facilities (other than headquarters) are in Heavy Industrial
Zoned Areas - they don't belong in aLight Industrial Area.
If you'd like to discuss these issues with me I can be reached at
(952) 233-1683, Melanie
- lh-e I--St-at-e :rr~k-Gen-ter
."-.--i-s~l-ann-i-n-g-t-e-8:u-i-l-d--in------.
. YOUR Neighborhood!
The I-State Truck Center is' HOW WILL IT AFFECT
, requesting a permit from YOU?
. the planning commission
to bu ild a 5 phase National . Heayy Traffic (all hours)
Head Q~arters, sales, J?arts . Intolerable noise from
and service center. Tn IS truck brakes and. horns
company plansto re- '"",-",,,,,~ . Air pollution from .
move over 700 \'$;I;'$~1';'ZY' ~umes and
trees and bUI.,d . ;;#~"1;~'i~~~~" .' Il
". ~i 'W~ :"}:;, :';.: ":;' dust
....:.::' ,..",,:~. ~ii;if ~~1YJ.,::,. .'
on the property -'-~"~"".~::;:'.^~~.~~~~' ..;."~.1~: 'fi'j.''''.~..';'"t;.s...'.'.W!I.'.~..~;~ . Intrus/\J:e IIOght
between Hyvy .' ""'~'." ~~~)i;i\~,t~ib;::;f,<~r,.",.,. v,-
1 01 and 4th' '. i'~i;':[;~~~~~~;; If ing fr?m .lot
Avenue. You' have a .' · Decline In
chance to voice xour con- .' 1" property v~/ue
cerns about this CJevelop-.. · Children s safety at risk
ment at a meeting to be , crC?ssmg the stref!t &
held this Thursday at City " uSing ~he new bike
Hall. patJilsldewalk
ATTEND MEETING
Council Chambers at ~ity Hall
April 6th, 7:00 .
Mark Noble
- ~__"""",________---"_.__"'_"'-"'''''~N'''_N,_'~
From: Tara Aldrich [aldricht@crimeandjustice.org]
Sent: Tuesday, May 09, 2006 5:43 PM
To: Mark Noble
Subject: I State Trucking
I understand that Chris Gorton has been in contact with the representative of I State Trucking and appears to be the go between I
State and the neighborhood near the proposed facility. I also live in the neighborhood and Melanie Gezel-Rangel has been the
contact person for the neighborhood and in my opinion represents my opinions/feelings of most of the residents regarding I
State.
I am asking/requesting that Ms. Rangel continue to be the contact for the neighborhood residents and that she resume all
communications between I State and the neighborhood.
Thank you for your consideration,
Tara Aldrich
05/1 0/2006
Page 1 of 1
Tami Vidmar
__....__._..M_.___~______.__.___~. .'"~'''
From: Jerry & Darlene Williams Ddwiffiams@usfamily.net}
Sent: Tuesday, May 09, 2006 11 :07 AM
To: Tami Vidmar
Subject: I-State Trucking facility
To Mark McNeill
To The Mayor and City Council Members
The proposed I State Trucking Facility on Shenandoah and 4th Avenue to too close to the city.
The pollution from the diesel fuel stays in the air 2 to 3 miles so this will affect almost the whole city of Shakopee.
It is 3 miles from our house to the hospital.
Do you have family members with breathing problems? There is someone in our neighborhood that is on a
respirator, he said all this pollution is a death sentence for him.
The air purifiers in our homes wiff bring in all the polluted air we have outside.
When the trucks are coming from the west they wiff probably come #169 and go north on Marshall Avenue. Can
you visualize what a traffic tie up that could be?
We are wondering why the neighbors should work with I State. We never wanted them here. We voted for people
we hoped would keep this heavy industry out of the city limits area. Is the tax dollar more important then good
clean air for you and your families and the more than 200 very concerned neighbors?
Please work with us to keep this heavy industry out of Shakopee.
Please forward this to the City of Shakopee Planning Commission.
Thank you
Jerome & Darlene Williams
546 Timber Court
Shakopee, MN 55379
952-403-6959
--- USFamily.Net - $8.25/mo! -- Highs.peed - $19.99/mo! ---
tt'ECEIVED MA;f 1 1 ',200S
............
May 10, 2006
City of Shakopee
AUn: Mr. Mark Noble
129 Holmes Street
Shakopee, MN 55379
Re: I-State Trucking Proposal
Dear Mr. Noble:
As a resident, I stand in support of the I-State Trucking Center proposal. I have listened to the
debate and issues raised but can't understand why we would not want to have this employer come
to our city. This will be a 6 million dollar, brand new service center and headquarters for I-State
Trucking. It will not be the stereo-typed truck stop of the 1970's as depicted by our local residents.
Just look at the Boyer Truck center in Savage, its clean, good looking and state of the art.
Many of the residents that have spoke out against this proposal seem to think that all truck drivers
and the people that service this industry are not people in good standing. I take offense to this
type of old, narrow minded, Not in My Back Yard type of thinking. Over the road drivers and their
related service industry accounts for 60% of the delivered goods in America. They provide an
invaluable service to our nation. Where would we be without the delivery of goods to likes of
McDonalds, Target, Walmart and Gas Stations? How do you think the stores get those goods to
sell?
As a resident, a 2003 graduate of Shako pee High School and a certified Diesel Mechanic, I stand
in strong support of I-State Trucking coming to our city. I-State Trucking is a great place to work,
offering high paying jobs and good benefits. J should know J work there, at their Roseville location.
Shakopee's motto is " A Place to Live, Work and Playl! Well, I live here and play here. Soon
I hope to have the opportunity to work here too. Please approve the '-State Trucking proposal.
~ .
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Chris Beeson
1279 Cider Circle
Shakopee, MN
612-210-1909
Mark Noble
.......~ --.........-....-.. . .-----. --- _..~~.,---...~-"'~-
From: Asher Cable [acc@mn.rr.com]
Sent: Thursday, May 11, 20062:41 PM
To: Mark Noble
Subject: I State trucking
Vlark,
1\s a resident of Prairie Bend neighborhood, I am very concerned about the possibility of I State trucking building its facility near
)urus. I know there has been a lot of discussion, and continues to be regarding this issue.
would like to state that my husband and I support Melanie Rangel and her position that we do not want I State to build at the
ocation they are proposing. We feel she best represents our interests.
Ne also understand that Chris Gorton has coordinated meetings with the developer, and while we will attend those meetings, we
jo not wish to promote conditions unless it is a last resort. Chris does not necessarily support our viewpoint. We do not feel I
3tate trucking should be allowed the CUP to build at the proposed site.
fhank you for your time.
=rik and Marya Asher
1965 Eastway Ave
3hakopee
J5111/2006
Mark Noble
.," -- .. ,'~^"'-""'''''-~.''~._'^'~'--~'^._---._- -- ._--_...~---~_...",........--~_._~.....---....---~."""'....-._-'"~.,.,..~"-.,..----~.-.-'-'^^.
From: Rick Leuthold [rleuthold@enginc.com]
Sent: Thursday, May 11, 2006 8:34 AM
To: Paul
Cc: Mark Noble
Subject: RE: I-State/Shakopee
rhanks for the questions Paul. We will see about getting you a specific response in each case prior to the neighborhood meeting.
n accordance with my discussions with Chris Gorton yesterday, that meeting will be at the KC hall at 7:00 pm next Monday night.
rhanks again for the questions and I'll get back to you as soon as I can.
Uck Leuthold, PE
?residentlCEO
8:NGINEERING, INC.
[300 North Transtech Way
3illings, MT 59102
?hone 406/656-5255
Jirect 406/869-3319
Mobile 406/698-6910
:;"ax 406/656-0967
:te.u tl1oId@e.nginc.com
,,~~-'~---~---'-'--'^-------- _______--...--...._____~_._.~__'"___.~~............~._.._..M'~.._.....~.,,~___...~......_~.
=rom: Paul [mailto:paulterrizzi@earthlink.net]
;ent: Thursday, May 11, 2006 7:28 AM
ro: Rick Leuthold
;ubject: I-StatejShakopee
Dck,
hanks for attending the city planning meeting last week. During our discussion afterwards, I mentioned that I and
nany of my neighbors knew nothing on-State's operations or plans for what would actually be built here, assuming the
;ity grants the conditional use permit(s). You asked me to send any questions I had so here they are: I'd like to get these
mswers back before any meeting next week so that they can be shared with the neighborhood. This may help alleviate
my concerns we have and will certainly explain the reality versus the worst case scenario many of us imagine.
rhank you.
=>aul
:-State Q&A - what we don't know and haven't been told.
:'d like full and detailed answers if possible, not yes/no answers. Help us understand what exactly takes place and with
vhat frequency.
l) How often are trucks test-driven?
~) How long are typical test-drives?
~) Where will they be test~driv~n? - can you suggest a typical route, duration and what's entailed in a test drive?
J) Will test~drives always have an employee along or will the driver go solo?
J5/11/2006
5) The other I-state locations listed on your website each have between 10 and 14 truck service bays - how many will
be built here? And why the need for so many?
6) Will there be a lube bay and how many?
7) What is the usage of these service bays - ie: how busy? Any stats available from other locations by day and/or time?
if there is a 2nd and 3rd shift of mechanics how many staff are available or on-call each night and how busy are they? (I
::;an't see them being paid to sit around on the off-chance that any repair work is required)
8) The other locations have driver's lounges - are there plans to have one here also?
;l) Will there be a wrecker service? How often is that used? Does it also tow the trailer or just the cab?
10) I presume they'll come in to the site from Hwy 101 so do you see any risk in pulling a tractor-trailer across the RR
:racks?
11) You have Direct Repair arrangements with insurers - how much business does a location get as a result of this
mangement?
12) Roseville and Billings also have body shop repair and paint booths - are there any current or future plans to have
:hese here? Can you guarantee that these will not be built on this site?
13) Given your current business operations and future goals what are your plans and what do you see being built on
Jhase 4 and phase 5 of this development?
14) Can you explain what exactly the power generation building planned for phase 3 is and what takes place there?
15) How big are these diesel generation engines - I understand that they can produce up to 2,000 and 4,000 Kw - what
.s that in comparison to say... a locomotive engine?
16) How is any repair work tested and if it's run as part ofthe test, for how long? What are the testing requirements?
05/11/2006
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Submittals Regarding
I-State
sub-stan-tial ~ [II Pronunciation Kev (s;lb-stan' sh~l)
adj.
1. Of, relating to, or having substance; material.
2. True or real; not imaginary.
3. Solidly built; strong.
4. Ample; sustaining: a substantial breakfast.
5. Considerable in importance, value, degree, amount, or extent: won by a substantial
margin.
6. Possessing wealth or property; well-to-do.
di-min-ish q [II Pronunciation Kev (d'Lm Tn'lsh)
v. di-min'ished, di-min'ish-ing, di'min-ish'es
v. fr.
1.
a. To make smaller or less or to cause to appear so.
b. To detract from the authority, reputation, or prestige of.
2. To cause to taper.
3. Music. To reduce (a perfect or minor interval) by a semitone.
Source: Dictionary.com
im'me'di-ate r::j [II Pronunciation Kev (Lme'de_It)
adj.
1. Occurring at once; instant: gave me an immediate response.
2.
a. Of or near the present time: in the immediate future.
b. Of or relating to the present time and place; current: "It is probable that, apart
from the most immediate, pragmatic, technical revisions, the writer's effort to
detach himself from his work is quixotic" (Joyce Carol Oates).
3. Close at hand; near: in the immediate vicinity. See Synonyms at close.
4. Next in line or relation: is an immediate successor to the president of the company.
5. Directly apprehended or perceived: had immediate awareness of the scope of the crisis.
6. Acting or occurring without the interposition of another agency or object; direct.
vi'cin'i'ty ~ [II Pronunciation Key (vT-s1n'Lte)
n. pl. vi'cin'i.ties
1. The state of being near in space or relationship; proximity: two restaurants in close
vicinity.
2. A nearby, surrounding, or adjoining region; a neighborhood.
3. An approximate degree or amount: houses priced in the vicinity of $200,000.
;of- ~~t.
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"T.iicks'F'ofSale
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YEAR MANUFACTURER MODEL STOCKNIN PRICE (US $) LOCATION
Heavy Duty Trucks - Cab & Chassis Truck
------------------------------ --~
2000 FREIGHTLlNER FL70 Stk #103038 Call MN
Standard Cab, 3126B Caterpillar 210 HP, 6 Spd, Spring Suspension, 4.11 Ratio, 283" WB, 22.5 Tires, All Steel
Wheels, Single Axle, 145,000 miles
I-State Truck Center
Phone: (800)554-5469 Photo
Fax: (651)636-8456 Send a Messaae
Updated: Apr 13 2006 2:04PM Add To 'Trucks Of Interest'
1984 MACK VALUELlNER Stk #103623 Call MN
Standard Cab, Mack 237 HP, 5+2 Spd, Spring Suspension, 4.17 Ratio, 228" WB, 22.5 Tires, All Steel Wheels,
Tandem Axle, 250,133 miles
I-State Truck Center
Phone: (800)554-5469 Photo
Fax: (651)636-8456 Send a Messaae
Updated: Apr 13 2006 2:05PM Add To 'Trucks Of Interest'
Heavy Duty Trucks - Conventional Truck wI Sleeper
---
2004 FREIGHTLlNER CL 12064ST -COLUMBIA 120Stk #124489 Call MN
12.7L Detroit 475 HP, 12 speed, Engine Brake, Air Ride Suspension, 3.36 Ratio, 230" WB, 70" Mid Roof XT Sleeper,
22.5 Tires, All Aluminum Wheels, Tandem Axle, 249,621 miles, VERY CLEAN LOW MILES
I-State Truck Center
Phone: (800)554-5469 Photo
Fax: (651)636-8456 Send a Messaqe
Updated: Apr 132006 3:47PM Add To 'Trucks Of Interest'
2003 FREIGHTLlNER CL 12064ST -COLUMBIA 120Stk #126669 Call MN
12.7L Detroit 470 HP, 13 Spd, Engine Brake, Air Ride Suspension, 3.73 Ratio, 229" WB, 70" Mid Roof XT Sleeper,
22.5 Tires, All Aluminum Wheels, Tandem Axle, 457,969 miles
I-State Truck Center
Phone: (800)554-5469 Photo
Fax: (651)636-8456 Send a Messaae
Updated: Apr 13 2006 11 :38AM Add To 'Trucks Of Interest'
2003 FREIGHTLlNER CL12064ST-COLUMBIA 120Stk #119691 Call MN
12.7 Detroit 470 HP, 13 Spd, Engine Brake, Air Ride Suspension, 3.73 Ratio, 229" WB, 70" Mid Roof XT Sleeper,
22.5 Tires, Aluminum Wheels,Tandem Axle, 491,067 miles
I-State Truck Center
Phone: (800)554-5469 Photo
Fax: (651)636-8456 Send a Messaae
Updated: Apr 13 2006 11:39AM Add To 'Trucks Of Interest'
2002 FREIGHTLlNER CL 12064ST -COLUMBIA 120Stk #103756 Call MN
12.7 Detroit 470 HP, Engine Brake, Air Ride Suspension, 3.73 Ratio, 230" WB, 70" Mid Roof Sleeper, 22.5 Tires, All
vL~~1 VVII~~I::;, I i::I11U~111 /"\XI~, ....<!:.:>,.:>'-IV IIIII~::;
I-State Truck Center
Phone: (800)554-5469 Photo
Fax: (651)636-8456 Send a Messaae
Updated: Apr 13 2006 2:05PM Add To 'Trucks Of Interest'
NEW 2006 FREIGHTLlNER CORONADO VIN #V88646 Call MN
14.0 L Detroit 515 HP, 13 Spd, Engine Brake, Air Ride Suspension, 3.58 Ratio, 265" WB, 70" Mid Roof XT Sleeper,
22.5 Tires, All Aluminum Wheels, Tandem Axle
I-State Truck Center
Phone: (800)554-5469 Photo
Fax: (651)636-8456 Send a Messaae
Updated: Apr 19 2006 12:37PM Add To 'Trucks Of Interest'
2003 FREIGHTLlNER CORONADO Stk #103129 Call MN
C15 Caterpillar 500 HP, 13 Spd 00, Engine Brake, Air Ride Suspension, 3.73 Ratio, 256" WB, 70" Double Deck
Condo, 22.5LP Tires, All Aluminum Wheels, Tandem Axle, 303,000 miles
I-State Truck Center
Phone: (800)554-5469 .E!:1Q!Q
Fax: (651)636-8456 Send a Messaae
Updated: Apr 13 2006 2:08PM Add To 'Trucks Of Interest'
2002 FREIGHTLlNER FLD13264T-CLASSIC Stk #103461 Call MN
12.7 Detroit 470 HP, 10 Spd, Engine Brake, Air Ride Suspension, 3.55 Ratio, 259" WB, 70" Sleeper, 22.5 Tires,
Aluminum Wheels, Tandem Axle, 558,000 miles
I-State Truck Center
Phone: (800)554-5469 Photo
Fax: (651)636-8456 Send a Messaae
Updated: Apr 13 2006 2:07PM Add To 'Trucks Of Interest'
2002 FREIGHTLlNER FLD13264T -CLASSIC Stk #103467 Call MN
12.7 Detroit 470 HP, 10 Spd, Engine Brake, Air Ride Suspension, 3.55 Ratio, 259" WB, 70" Sleeper, 22.5 Tires,
Aluminum Wheels, Tandem Axle, 647,000 miles
I-State Truck Center
Phone: (800)554-5469 Photo
Fax: (651)636-8456 Send a Messaae
Updated: Apr 132006 2:08PM Add To 'Trucks Of Interest'
2002 FREIGHTLlNER FLD13264T-CLASSIC XL Stk #103122 Call MN
12.7L Detroit 500 HP, 13 Spd 00, Engine Brake, Air Ride Suspension, 3.70 Ratio, 260" WB, 70" Condo Sleeper,
22.5LP Tires, All Aluminum Wheels, Tandem Axle, 446,000 miles
I-State Truck Center
Phone: (800)554-5469 .E.!lQ!Q
Fax: (651)636-8456 Send a Messaae
Updated: Apr 13 2006 2:14PM Add To 'Trucks Of Interest'
2003 KENWORTH T800 Stk #102952 Call MN
C15 Caterpillar 515 HP, Automatic, Engine Brake, Air Ride Suspension, 3.07 Ratio, 244" WB, 48" Mid Roof Sleeper,
24.5 Tires, Aluminum Wheels, TandemAxle, 420,572 miles, 12 speed Freedomline...
I-State Truck Center
Phone: (800)554-5469 Photo
Fax: (651)636-8456 Send a MessaQe
Updated: Apr 13 2006 2:06PM Add To 'Trucks Of Interest'
2000 KENWORTH W900 Stk #103154 Call MN
C12 Caterpillar 430 HP, Autoshift 00, Engine Brake, Air Ride Suspension, 3.55 Ratio, 260" WB, 48" Flat Top
Sleeper, 22.5 Tires, All Aluminum Wheels, Tandem Axle, 531,448 miles
I-State Truck Center
Phone: (800)554-5469 Photo
Fax: (651)636-8456 Send a Messaae
Updated: Apr 13 2006 2:08PM Add To 'Trucks Of Interest'
Heavy Duty Trucks - Conventional Truck w/o Sleeper
..-~-._._-----_..__._.. -----~---_.... --_._-
1998 FREIGHTLINER C11264ST-CENTURY 112 Stk #103272 Call MN
M11 Cummins 370 HP, Autoshift 00, Air Ride Suspension, 3.90 Ratio, 175" WB, 22.5 Tires, All Aluminum Wheels,
Tandem Axle, 619,521 miles
I-State Truck Center
Phone: (800)554-5469 Photos
Fax: (651)636-8456 Send a Messaae
Updated: Apr 132006 2:10PM Add To 'Trucks Of Interest'
2000 FREIGHTLlNER CL 12064ST -COLUMBIA 120Stk #103562 Call MN
ISX Cummins 400 HP, 10 Spd, Engine Brake, Air Ride Suspension, 3.7 Ratio. 209" WB, 22.5LP Tires, Aluminum
Wheels, Tandem Axle, 451,834 miles, WARRANTY New oem grille. new paint, new interior, ...
I-State Truck Center
Phone: (800)554-5469 E.b.Q!Q
Fax: (651)636-8456 Send a Messaae
Updated: Apr 13 2006 2:11 PM Add To 'Trucks Of Interest'
2000 FREIGHTLlNER CST12042-CENTURY 120 Stk #120967 Call MN
ISX Cummins 400 HP, 10 Spd, Engine Brake, 3.70 Ratio, 175" WB, 22.5LP Tires, Aluminum Wheels, Tandem Axle,
550,710 miles, RECONFIGURED DAY CAB
I-State Truck Center
Phone: (800)554-5469 .E!:!.Q!Q
Fax: (651)636-8456 Send a Messaae
Updated: Feb 9 2006 10:38AM Add To 'Trucks Of Interest'
2001 FREIGHTUNER FLD12064ST Stk #125156 Call MN
12.7L Detroit 430 HP, 13 Spd, Engine Brake, Air Ride Suspension, 2.93 Ratio, 201" WB, 22.5 Tires, Aluminum
Wheels, Tandem Axle, 421,885 miles, FACTORY RECONFIGURED DAYCAB
I-State Truck Center
Phone: (800)554-5469 .E!:!.Q!Q
Fax: (651)636-8456 Send a Messaae
Updated: Apr 6 2006 2:32PM Add To 'Trucks Of Interest'
2001 FREIGHTLlNER FLD12064ST Stk #125157 Call MN
12.7L Detroit 430 HP, 13 Spd, Engine Brake, Air Ride Suspension, 2.93 Ratio, 201" WB, 22.5 Tires, All Aluminum
Wheels, Tandem Axle, 497,068 miles, FACTORY RECONFIGURED DAYCAB
I-State Truck Center
Phone: (800)554-5469 Photo
Fax: (651)636-8456 Send a Messaae
Updated: Apr 6 2006 2:35PM Add To 'Trucks Of Interest'
2000 FREIGHTLlNER FLS11264ST Stk #103342,103347 Call MN
11.1 L Detroit 365 HP, 13 Spd 00, Engine Brake, Air Ride Suspension, 3.36 Ratio, 180" WB, 22.5LP Tires, All Steel
Wheels, Tandem Axle, 163,500 miles, 2 Units available
I-State Truck Center
Phone: (800)554-5469 Photo
Fax: (651)636-8456 Send a Messaae
Updated: Apr 13 2006 2:09PM Add To 'Trucks Of Interest'
Heavy Duty Trucks - Dump Truck
~ -----.-.---
2004 FREIGHTUNER M2 112 Stk #101019 Call MN
C13 Caterpillar 430 HP, 10 Spd, Engine Brake, Spring Suspension, 4.11 Ratio, 234" WB, 22.5 Tires, Aluminum
Wheels, Tri Axle, 44,952 miles, Rear Dump, LOW MILES LOOKS AND DRIVES LIKE NEW
I-State Truck Center
Phone: (800)554-5469 Photo
Fax: (651)636-8456 Send a Messaae
Updated: Feb 172006 2:27PM Add To 'Trucks Of Interest'
Light Duty Trucks - Van Trucks - Dry Cargo-Delivery Van
~ ---
2005 FREIGHTLlNER SPRINTERC2500SHC Stk #100316 Call MN
Standard Cab, Mercedes 154 HP, Diesel, Automatic, Spring Suspension, 140" WB, Single Axle, Swing Door,
I",UI fJ::;IU~, I V, I;);) 111111:::::;, L.UW 1I111~::; L.VUI\::; i:lIIU I UII::; 1I1\~ III:::W!
I-State Truck Center
Phone: (800)554-5469 Photo
Fax: (651)636-8456 Send a Messaae
Updated: Feb 202006 1:28PM Add To 'Trucks Of Interest'
2004 FREIGHTLlNER SPRINTER C2500SHC Stk #103599 Call MN
Standard Cab, 2.7L Turbo Mercedes 154 HP, Diesel, Automatic, Spring Suspension, 3.73 Ratio, 158" WB, All Steel
Wheels, Single Axle, Swing Door, Curbside, 97,725 miles
I-State Truck Center
Phone: (800)554-5469 Photo
Fax: (651)636-8456 Send a Messaae
Updated: Apr 13 2006 2:11PM Add To 'Trucks Of Interest'
2004 FREIGHTLlNER SPRINTER C3500HC Stk #103581 Call MN
Standard Cab, 2.7L Turbo Mercedes 154 HP, Diesel, Automatic, Spring Suspension, 3.73 Ratio, 158" WB, All Steel
Wheels, Single Axle, Swing Door, Curbside, 106,538 miles
I-State Truck Center
Phone: (800)554-5469 Photo
Fax: (651)636-8456 Send a Messaae
Updated: Apr 13 2006 2:13PM Add To 'Trucks Of Interest'
1999 ISUZU NPR Stk #103150 Call MN
Standard Cab, Isuzu 142 HP, Diesel, 5 Spd, 18' Van Body x 96" , Spring Suspension, 16 Tires, All Steel Wheels,
Single Axle, Swing Door, 127,000 miles, Walk-in rear door, box has heater.
I-State Truck' Center
Phone: (800)554-5469 Photos
Fax: (651)636-8456 . Send a Messaae
Updated: Apr 13 2006 2:12PM Add To 'Trucks Of Interest'
Medium Duty Trucks - Cab & Chassis Truck
2002 ISUZU NPR Stk #103594 Call MN
Standard Cab, 4HTCK Isuzu 175 HP, Diesel, Automatic, Spring Suspension, 132" WB, 16 Tires, All Steel Wheels,
Single Axle, 134,050 miles
I-State Truck Center
Phone: (800)554-5469 Eb2!Q
Fax: (651)636-8456 Send a Messaae
Updated: Apr 13 2006 2:15PM Add To 'Trucks Of Interest'
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Home Sales Service Parts Finance Warranty Locations Contact Inventory LOCATIONS
l'OCATIONS I.b}~. I
", :','",'
I -State Truck Center has locations in both Minnesota Address & Phone Numbers Hours of Operation Contact Names
and Montana. Both Minnesota locations are 2845 Long Lake Road . Monday-Friday President
conveniently located in the Twin Cities metropolitan Roseville, MN 55077 Open 24 Hours Jim Williams
area, and the two Montana locations are in the
popular Billings and Great Falls areas. Local Number Saturday Truck Sales Manager
(651) 636-3400 6:00 AM'-'4:30 PM Mike Swanson
Fax Number Sunday Finance Manager
(651) 636-8456 . '6:00 AM'-'4:30 PM Mike Thomas
Toll-Free Number Parts Manager
(800) 554-5469 Reid Jaeger
m'/tf6 G?t$<1 tU~~~ Direct Dial Parts Number Service Manager
(651) 633-0170 - fax number Mike Prange
Z ~<;. lteto rr l/U~S Body Shop Manager
~~~ ~ 7$. v0~ Stuart Keppel
f)e ~ ~--;-CY ~-k Il)~.~ I
DP~Jll~~ .,,, '
Address & Phone Numbers Hours of Operation Contact Names
~~~ 11152 Courthouse Blvd. Monday-Friday President
Inver Grove Heights, MN 55077 7:00 AM-Midnight Jim Williams
Local Number Saturday Truck Sales Manager
(651) 455-9775 7:00 AM-5:30 PM Mike Swanson
I'fS ~ C(1V{ CO~) zffl\) Co1 Fax Number Sunday Branch Manager
(651) 455-9497 Closed for Business Roger Watral
~ ~se- 0l7+&L C CITeS 1b Toll-Free Number Service Manager
(888) 377-6590 Carson Scheuffele
l'0~;~U (~~ t~ 'gt:E'N
-NJt ISSvt;') ? ( >\J q ~ o:::??\ '1 (ru 00 . I&~ I
,,' a,,' :.., . , - .
Address & Phone Numbers Hours of Operation Contact Names
4600 South Frontage Road Monday-Friday V.P. Operations:
(~ VVl~dt- ~t~ 0ItVl~~ P.O. Box 1099 7:00AM-10:00 PM Vince Story
Billings, MT 59106
oF' rt - T (2oCJCS nX€"',... ~tU- Saturday Service Manager
Local Number 8:00 AM'-'4:30 PM Lance Snider
~ i~ TiOciC:) 'lZow'N .~G\ (406) 252-5121 Sunday Parts Manager
Fax Number 8:00 AM'-'4:30 PM Cliff Hartmann
~C l:x4-Vl ON~ l.~~ (406) 252-5910 Body Shop Manager
Toll-Free Number Nick Bemer
(800) 736-5264 Body Shop Estimator
Mike Solberg
rf)I9~'"~J
Address & Phone Numbers Hours of Operation Contact Names
2121 Vaughn Road Monday-Friday Branch Manager
P.O. Box 2472 8:00 AM-7:00 PM Travis Sandau
Great Falls, MT 59404 Saturday, Parts Manager
Local Number On-Gall Mike Graveley
(406) 454-1311 Sunday Service Manager
Fax Number On-Call John Sibert
(406) 454-3008
Toll-Free
(800) 735-7003
After Hours
(406) 454-1311
if'lJ~~s \Hvefr}sute ~ .@ .1.r.JtfJtOl ~ -Sta~e Tlr~,.H;~' C~y~teij~ Legal Information
... ,,; .... .... . ...... ..... ... ~'~;;~~f;~:~~:~r;v..~..~~1~1
lJ,......':.... ....11II................................................'................ ,..-..~....,~,~".~.l'~.U'...IL.' "<::';;'..:;1j ... .~ ~t.,..., Ii.
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Home Sales Service Parts Finance Warranty Locations Contact Inventory S E R V ICE DE PAR T MEN T
SERVICE I
. . Shop Features Contact Info Service Hours
I -State Truck Center's Service Shop has tramed and
certified technicians who can handle all of your . 14 Service Bays Service Manager .M~!1t:1ay:"'Friday
service needs. . 1 Lube Bay . Mike Prangebpeo'Z4Hours
Our full-service facilities also include a lounge in . . Full Service and Overhaul Phone Number ~i:I~r~ay-Sunday
.Which you can relax while service work is performed . ASE Certified Technicians (651) 636-3400,.6:.00.~M"4:30'PM
on.'yoOrtrtJck. . Factory Trained Technicians
. . Wrecker Service Fax Number
. f (651) 636-8456
>> Body Shop Information .'. Large, In,House Parts
Department Toll-Free
· Driver's Lounge (800) 554-5469
. Big Screen lV
. . d . " Wrecker Service
· Dlagn~stics an Repair ,~r (651) 642-1446
Caterpillar (CAT), CummIns,
.' Mercedez-Benz (MBE), and
-rtf-cv\ ~-[fI-t<; f~~('.., Detroit Diesel Engines
StJeUl~ Bv+-1S "Ee4?'\USe I ~~tl.}~~t~~.flflIif~1i(.l. I
Tt{6c( 'tM-vs: Tff,/f1 JIlt1r/-N.~ Shop Features Contact Info Service Hours
l120:.k:.S tT1 ~v\ ~ l1~i~ . . 10 Service Bays Service Manager ~onda~-~ri~ay
- . Full Service and Overhaul Carson Scheuffele 7.00 AM Midnight
"'r-..... ( .,.-- . Factory Train~d Technicians Phone Number Saturday
.J....&.~ tt '0 10Ut-set-1=' Tt+A-\ . Wrecker Service (651) 455,9775 7:00 AM-5:30 PM
. l7 <; . Large, In'House Parts
IT (fJ\.U- (3N\..1./\ \~ ~ otTWb Department Fax Number Sunday
( . Driver's Lounge (651) 455-9497 Closed for Business
(:t- we~, ff" ~ . Diagnostics and Repair for Toll-Free
- ~ Caterpillar (CAT), Cummins, (888) 377-6590
Mercedez-Benz Engines (MBE),
./\ - I J~ '\J'vl . I I\. \ ''''-' ',7. ':.... and Detroit Diesel Engines Wrecker Service
n CC~l.i Il) ~~ /I'Jve.) \ GU I<...(,.} (651) 642-1446
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Shop Features Contact Info Service Hours
. 14 Service Bays Service Manager Monday-Friday
. 1 Lube Bay Gary Hart 7:30 AM to 11:00 PM
· Full Service and Overhaul Phone Number Saturday
· ASE Certified Technicians (406) 252-5121 7:30 AM to 11:00 PM
. Factory Trained Technicians
S . Fax Number Sunday
· Wrecker ervlce (406) 255-5910 7:30 AM to 11:00 PM
. Large, In,House Parts
Department Toll-Free Number
· Driver's Lounge (800) 736-5264
. Big Screen TV .., . _
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Caterpillar (CAT), Cummins, (406) 248-8101
Mercedez-Benz (MBE), and
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Shop Features Contact Info Service Hours
. 10 Service Bays Service Manager Monday-Friday
. Full Service and Overhaul John Sibert 8:00 AM to 7:00 PM
. Factory Trained Technidans Phone Number Saturday
. Wrecker Service (406) 454-1311 8:00 AM to 12:00 PM
. Large, In-House Parts
Department Fax Number Sunday
. Driver's Lounge (406) 454-3008 On-Call
. Diagnostics and Repair for Wrecker Service
Caterpillar (CAT), Cummins, (406) 452-8342
Mercedez-Benz Engines
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Engines
. Air Conditioning Service
'f~g5i ~f\feilJ;$~t!e~' @ 20{)t'5, Tr~.Yc~{ C(~jj1jt~;r Legal Information
,.
INTERSTaTE
:8ower,Systerns a part of Interstate Companies, Inc.
Home Page Mission Statement Employment Locate Us Contact Us Order Online
...+ INTERSTATE POWERSYSTEMS p ~< ( --.-.."_r.....-................................~_......~__.~"""""'"...._....>_...~~."""..,........"'-'..........,,".._...................."''''..........'''''...._...,._....__,'''''... ...
_ Other Interstate Companies -!
PRODUCTS Detroit Diesel is known for reliable power as well as DETROIT G
innovative design. Long engine life, durability, and excellent parts
Allison Transmission interchangeability make Detroit Diesel the standard for stationary DIESEL . .
Detroit Diesel Engines and mobile power needs.
Deutz Engines ..
With offerings from 22 to 10,000 horsepower, Detroit
Waukesha Engines Diesel supplies the on-highway, off-highway, marine, and fr()d~cn: E~nfC9nnaJt:j~')r~
Espar Heater Systems automotive markets. MBE 900 150-300 HF
Carrier Transicold
Used Products . Innovative Technology MBE 4000 350-450 HF
. Superior Fuel Economy
SERVICES . Low Emissions Series 60 330-575 HP
RENTALS . Detroit Diesel Electronic Controls
. In-Line 4 & 6, BV, 12V, 16V Cylinder Series 2000 525-1340 HF
TRAINING . 4-Cycle Direct-Injected Series 4000 1350-3000 HP
. Tailored Performance
. World Class Life-to-Overhaul All links go to Detroit Diesel's websitE
. Excellent Reliability and Durability
Interstate Detroit Diesel maintains inventory to support all Detroit Diesel engine series.
Recent additions to the Detroit Diesel power line-up include the
MBE 900 and MBE 4000 Series engines from Mercedes-Benz and
DalmlerChrysler, the world's largest supplier of medium and heavy-dUty 1~)
engines for on-highway use. The MBE 900, available in 4 and 6 cylinder ..l
configurations, is ideal for use in medium-duty truck applications such as ,.
.
food service, emergency transport, refuse removal, and more. ,..
The MBE Advantage
. High return on investment due to high fuel economy and long
service intervals
. Long life before overhaul
.. low engine speed for quieter engine
.. Modern Injection technology to meet exhaust emissions standards
1/1 High power-to-weight ratio for increased paylaod
. High engine brake performance for longer service brake life
Contact us about Detroit Diesel Engines!
This website: @ 1997-2006, Interstate Companies, Inc. Legal Information
~ j
IN'IER.IRI.
PowerSystems a part of Interstate Companies, Inc
Home Page Mission Statement Employment Locate Us Contact Us Order Online
m+ INTERSTATE POWERSYSTEMS;; \", '-..=-<>_....._..""---,-~...._....,....................---~........,.....--_........._,.,.............~...~,------........_..._..,,"'.....,_..~.....,.",,"'~ iii
. Other Interstate Companies ~
PRODUCTS DeutZ Engines is a comprehensive supplier of engines in _ADEUTZ@
the 4 to 4,000 kW range. Deutz offers a combination of both
Allison Transmission liquid and air-cooled high-speed diesel and gas engines in a .
Detroit Diesel Engines vati~tY'of.d)'Ofigurations for...
Deutz Engines . Construction
Waukesha Engines . Compressors
Espar Heater Systems
Carrier Transicold . . Automotive Use
Used Products . Agriculture
. Gensets
SERVJCES . Welders
RENTALS . Pumps
. Material Handling
TRAINING . Ships
In addition, Interstate and Deutz offer custom-packaged engines to meet your specific
requirements. Deutz dependability is world-renowned and has been manufacturing engines for 130 years.
Contact us about Deutz Engines!
This website: @ 1997-2006, Interstate Companies, Inc. Legal Information
IN:TERSTRTE
powerSystems a part of Interstate Companies, Inc.
Home Page Mission Statement Employment Locate Us Contact Us Order Online
m+ INTERSTATE POWERSYSTEMS ;>;: ),'" -"'-.....,-~_.~._............._........._----_............""""'"'^~_...."_.......,.,.,.-_--..'''''',.,,._.....-..,.......,.,''''.,......_",..''.,.,~...,....... ..
Other Interstate Companies ....!
PRODUCTS Waukesha Engine Division is a global manufacturer of of E ,. } J-~, .. . .~
gaseous,~eled ~nternal combustion engines for. gas a~d air,}; ..q.... . ::l:::{.~1I. Wauke5ha
Allison Transmission comprE:!s~lon, prime and standby power generatIon chiller,
Detroit Diesel Engines blower, and other industrial applications.
Deutz Engines Waukesha also supplies a complete line of Switchgear product as well as custom engine
Waukesha Engines controls.
Espar Heater Systems
Carrier Transicold In addition, Waukesha Power Systems, a division of Waukesha, offers a variety of Engine
Used Products drive packages, which include generator sets, compressors, pumps, blowers, and chillers.
SERVICES In support of Waukesha's product line, Interstate has a dedicated staff of technicians,
engineers, and sales support to assist customers with their Waukesha Power needs.
RENTALS Contact us about Waukesha!
TRAINING
This website: @ 1997-2006, Interstate Companies, Inc. Legal Information
INiT.R5TRT.
powerSystems a part of Interstate Companies, Inc.
Home Page Mission Statement Employment Locate Us Contact Us Order Online
..... INTERSTATE POWERSYSTEMSr [i ,., . -"~"'.''''''''"''''-''''-''''''-''''--'-''''''-~''.~-'''''''''''''-''''''''~'''''''''''''''''''''''''''''''''''''''''''''''''''''''''-""...'''''.............. ..
. Other Interstate Companies ...!
PRODUCTS Interstate PowerSystems provides parts, sales, and service for ~
the r:rt9,.l?i.I~.~fr,g~ration industry. Interstate handles truck-mounted,
Allison Transmission trailer-mounted, and container-mounted refrigeration units. Carrier
Detroit Diesel Engines Transicold is the flagship product we represent TRANS/COLI.
Deutz Engines "',-,,";;;',:.:..:;-4:<~.J - .
Waukesha Engines Contact us about Carrier Transicold Systems!
Espar Heater Systems
Carrier Transicold
Used Products
SERVICES
RENTALS
TRAINING
This website: @ 1997-2006, Interstate Companies, Inc. Legal Information
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Home Sales Service Parts Finance Warranty Locations Contact Inventory S E R V ICE DE PAR T MEN T
BODY SHO:P I
. Shop Features Contact Info Service Hours
I -State Truck Center's body shop has certified,
factory-trained technicians that can perform expert . 7 Body Shop Bays Body Shop Manager Monday-Friday
body work on your truck. .M,~j,gCfab Structure Stuart Keppel 7:00 AM-5:00 PM
Although our Inver Grove Heights location does not RebUilds Phone Number Saturday-Sunday
perform body work, we ~an quo~e you for work to be · Windshield Rep!~cements (651) 636-3400 Closed
completed at our Rosevllle location. . Certified Techmclans
. Freightllner Factory- Fax Number
>> Service Information Trained Technicians (651) 636-8456
· Certified DuPont Paint Toll-Free
, 'I?./ ALOe- r Shop., (800) 554-5469
. 1J- ~ \)G f"lTI--' i 0'\ . Complete Paint Jobs
o WI . Drive-thruPaint Booth Wrecker Service
Vi-!fu:, :>' cf of2" '5_? · Off-Site E~mat~. Provided (651) 642-1446
I ll'fl';;.t::- . Direct Repair Facility for
Insurance Companies
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. p ... 6 Body Shop Bays Body Shop Manager Monday-Friday
() 'Dv\MMe:.b ~ (.,J\~ t-::e"$ . Major Cab Structure Nick Bemer 7:00 AM-10:00 PM
10 ge 0Db!>> ~j) 1:tSPbS~ or- ". R~build~ Phone Number Saturday
· Wmdshleld Replacements (406) 252-5121 8:00 AM-4:30 PM
, , . Certified Technicians
YV ILL qa..; I>SVt;: (c\N\J\ \l~tL . Freightl~ner Factory-Trained Fax Number S~nday .
r f), . ---~ TechniCians (406) 255-5910 8.00 AM-4.30 PM
,US~ . r>:..-:!-M Ji.S ,P:rjt .11:1-is~m\J . O~-site esti~ate~ ,provided Toll-Free
A-st;~.,,,? ,- · Direct Repair Faclh~ for (800) 736-5264
C\:) Insurance Companies
~-_....--
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Planning Commission Meeting Synopsis June 6, 2002 Page 1 of 18
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Planning Commission Synopsis
June 6, 2002
CALL TO ORDER
Chairperson Knutson called the Planning Commission Meeting to order at 6:00 p.m. on June 6,2002 in the City
Council Chambers of the Bloomington Municipal Building.
COMMISSIONERS PRESENT: Knutson, Schneider, Lewis, Peper, Sathre (arrived @ 6:01 p.m.), Spencer (arrivl
6:06 p.m.)
COMMISSIONERS ABSENT: Iacovo
STAFF PRESENT: Hawbaker, Pease, Markegard, Hase '
ITEM 1
6:00 p.m.
CASE: 10541A-02
APPLICANT: City of Bloomington
LOCATION: 1700 West 98th Street I I )
~
. T"~ .
REQUEST: Conditional use permit and final site plan and building plans for a puts'uc- safety radio
,.. ~
APPEARIN~ FOR THE APPLICANT: !
No one.
SPEAKING FROM THE PUBLIC:
No one.
DISCUSSION BY THE COMMISSION:
~ J
Pease presented the staff report recommending approval ffa conditional use permit and final site and building
plans for a public safety radio tower at 1700 West 98th Street subject to four conditions and five Code
requirements. He added there is a minor change in the site plan with the moving of the fuel tank location.
, ..-. .' ....
ACTIONS OF THE COMMISSION:
M1Lewis, S/Schneider: Having reviewed the Findings in Section 19.22(3)(A), (B), (C), (D), (E), and (F) and
Section 19.40.12(d)(1), (2), (3), (4), and (5), in Case 10541A-02 to recommend approval of a conditional use
permit and final site and building plans for a public safety radio tower at 1700 West 98th Street subject to four
conditions and five Code requirements. Motion carried 5 - O.
J
CONDITIONS OF APPROVAL RECOMMENDED BY THE COMMISSION:
1. The plans submitted for permit approval shall clearly state and show the height of the tower as not
exceeding 170 feet (including antennas and any other appurtenant equipment), accurate site plan with
dimensions of the lease area, setbacks and equipment;
2. Site plans and building plans for the other co-users of the facility must be submitted and may be
administratively approved;
3. Any security lighting for the base of the tower and lease area shall be shown on submitted plans and shal
be as approved by the Planning Manager;
http://www.ci. bloomington.nm. us/meetings/pc/synopsis/2002/060602pcs.htm 4/28/2006
Lee Henderson, 420 North Sth Street, #864, Minneapolis
SPEAKING FROM THE PUBLIC:
No one.
DISCUSSION BY THE COMMISSION:
The following is a verbatim account of the discussion on Case 6015A-02.
Knutson: "Item number 8 this evening is Case number 601SA-02. The applicant being Interstate Companies, lnc
at 2S01 and 2601 East 80th Street, requesting a conditional use permit to construct a hotel including office space
May we have the staff report?"
Hawbaker: "Yes, Mr. Chairman. The applicant is requesting a conditional use pe.rmit for a 380 room hotel which
includes a 350 seat restaurant, 2400 square feet of ballroom and. a meeting room space. Building. height is
, proposed in the narrative as 145 feel The total area of the two parcel is about 6.37 acres. The proposed total
parking would be 850 spaces, 1S0 surface parking spaces and 700 spaces in a five level parking ramp. The broe
general concept plans have been submitted including a site and landscape plan, the hotel view from across East
80th Street, ground floor plan, mezzanine floor plan, basement floor plan and typical floor plans on levels three
through fifteen and a typical room layout. The building would be located in the center of the site with the parking
structure located in the southwest portion of the proPerty. According to the site and landscape plan, there would
four access points to East 80th Street. The site plan.and landscape plan show two retention pond areas, grading
and drainage, utility plans have not yet neen submitted. The proposed project, basically a full service hotel,. is
located within the Airport South area about, approximately south of their runway protection zone and within the
proposed State Safety Zone A that are being considered for the Minneapolis-St. Paullntemational Airport runwa
1735, now under construction by the ~econvened MSP Airport Zoning Board. The properties involved in the
request are zoned 1-1, Limited Industrial Park and have a current comprehensive land use plan designation of
Employment Oriented Mixed Use. The request for the conditional use permit would establish, if approved by the
City Council, hotel use tOr the property. The applicant was advised at the Development Review Committee of
f .... ..,
February 12,2002 and a'corre~pondence dated February 6,22, March 22 and 25 thatthe hotel use is not
consistent with the currerit-eomprehensive plan I~!ld. use designation of Employment Oriented Mixed Use and th;
a comprehEfnsjve plan amendment to that classification that permits the hotel development would be needed.
Additionally, the plans accompanying the application are very broad and generic and an initial staff review would
indicate that the hotel development as proposed by the applicant would need four variances. Three for setbacks
and one for a major reduction of the parking requirement. The current comprehensive plan land use guide, the
Comprehensive Plan 2000, notes that for the Airport South .area the previous land use guide plan designations a
carried forward and applied to the area. The current land use designation is Employment Oriented Mixed Use,
which also the designation contained in the Airport South District Plan.. The current land use designation of the
Comprehensive Plan is EmploYF!lent Oriented Mixed Use, that designation is described as follows in the Airport
South District Plan. Quote, "The Employment Oriented Mixed Use area is intended to be the primary employmer
base in the Airport South District. Offices and uses accessory to offices will be the principle uses. Uses serving tl
needs of employees, such as auto maintenance and servicing should be encouraged, provided they are integratl
as part of a larger development". In the Airport South area, an appropriate land use designation for a hotel
according to the Comprehensive Plan Land Use Guide Plan and the Airport South District Plan would be the
Service Oriented Mixed Use designation, which specifically provides for hotel land use and is described as folloy
in the Airport South District Plan. The Service Oriented Mixed Use area is primarily intended to provide services
. travelers. Hotels and restaurants are the most important uses in these areas, however, offices and uses accessc
to hotels and restaurants are appropriate. Other service uses such as service stations are appropriate when the}
are an accessory use to an integrated development
http://www.ci.bloomington.mn.us/meetings/pc/synopsis/2002/060602pcs.htm 4/28/2006
The applicant states in the narrative that the Fairfield Inn conditional use permit request, the property directly we
of the subject property, that the City Attorney concluded that there was no conflict between a motel project and tl
comprehensive plan, this is incorrect. The City Attomey noted that a conflict between the use and the.
Comprehensive Plan, but based on the state law at that time, advised that the zoning superceded the
Comprehensive Plan. The City Cou~cil approved the Fairfield Inn conditional use permit in 1993. In 1995, state
law was changed making the Comprehensive Plan controlling if a conflict existed with the zoning. The City
Attorney's position on this matter is included in the March 25, 2002 letter to Mr. Henderson from the City Attome~
David Omstein. The proposed .Iand use plan is in conflict, or the proposed use is in conflict with the
Comprehensive Plan Land Use Guide Plan and the Airport South District Plan Land Use designation. A hotel is
not an appropriate conditional use for the subject properties. The Staff can not affirm the two conditional use
permit findings in Section .19.40.11 (b)(1) that t~e proposed use is not in conflict with the Comprehensive Plan an
in Section 19.40.11(b)(2) that the proposed land use is not in conflict with an adopted district plan for the City.
. Therefore, Mr. Chairman, inCase 6015A-02, the Staff recommends denial of a conditional use permit for a hotel
based on the inability to make the findings stated. That concludes the Staff report."
Knutson: "Thank you, Mr. Hawbaker. Are there questions of Staff? Seeing none, is the applicant present and
would they like to be heard on this item? Again, if you cOuld kindly sign in and state your name for those observil
on cable at home." (
Henderson: "Good evening, my name is Lee Hend~(son and I am an attorney in Minneapolis representing Garde
and Penny Galameau and Interstate CO.!11panies, ,Inc., who are the property owners and the user of the property
do have a short letter that I have prepared today in response to the staff report which I just gotten, if I could
provide that to the members of the Board.
You have with the letter, an aerial photograph that will give a view of where this particular property is. And I don'j
know if you can see it on the screen or ,not, but it's the last page of your letter as well. And the two properties are
adjacent to each other are outlined in a yellow marker right there on East 80th Street. You see the Fairfield Inn a!
the property immediately to fhe west, the Mall of America is a block to the south and the existing Grand Hotel is
right across the street, Sheraton Hotel is a block up to the north and the Exellnn, I believe, is right here, so there
are several hotels right i~ tt1'E!'lmmediate area. .,~_
We are co~in~ not seeking final building permit approval to build the hotel, we are coming seeking only the
issuance of a conditional use permit under the Code so that over the course of the next year we can finalize the
building plans and come back with something to build. We have provided a generic description of what we
contemplate for the hotel and then we'll supplement that with the details. Mr. Nestingen, the architect who has
designed the basic layout, is here if there are specific questions with respect to that. It is our intention in the cour
of the final project plans to deal with all of the propo~ed variances that have been raised and we think we can
satisfy all those in the final building design and layout. Now the real issue is, can we get our conditional use pern
for this property and thaUs a argument or an issue that relates to part what was done in 1993 and in part looking
at the particular zoning code as it exists today; " .
(~: Interstate is a.large.business, operates 22 buildings in eight states, this property happens to be their corporate
"~.....beadq.u8liersand;tt:teir.;jargestbranch.ltisa't.leavymdtlstrial.application;'they ,have a . Detroit Diesel distributorsh
..,and..a.Carf~er Transport trucldng .refrJger:ation ..distributorship, both of which operate out of this 'property. They ha'J
been there for 25 years and were probably there before anything else was there to the south. They have operate
in this location for a long time. With the development of the Mall of America and its success, 'they ,began to-realiz
that running diesel engines, large trucks and buses in and out of this facility is probably not the best use for this
property in the long haulandthatovertime it probably should be something that would accommodate or
compliment the Mall of America. And they began some thought processes about what that should be and
http://www.ci.bloomington.mn.us/meetings/pc/synopsis/2002/060602pcs.htm 4/28/2006
Information
Regarding Hawks
and Noise
Mark Noble
From: The Rangels [mjjrangel@yahoo.com]
Sent: Thursday, April 20, 200612:26 AM
To: Ryan Hughes
Cc: Mark Noble; pumpers@district279.mn.us
Subject: Raptor Nest
Dear Ryan,
As per our conversation, I am sending you 3 digital files of photos taken by Stacy Pumper of the hawk and it's nest
located on the property that I State is proposing to use. According to Phil Delphey ofthe Nat'l Fish and Wildlife
Service, under the Migratory Bird Treaty Act, they cannot "pursue, hunt, take, capture, kill, attempt to take, capture or
kill, possess, offer for sale, sell, offer to purchase, purchase, deliver for shipment, ship, cause to be shipped, deliver for
transportation, transport, cause to be transported, carry, or cause to be carried by any means whatever, receive for
shipment, transportation or carriage, or export, at any time, or in any manner, any migratory bird, included in the terms
of this Convention. . . for the protection of migratory birds. . . or any part, nest, or egg of any such bird." (16 D.S.C.
703).
Stacy Pumper also contacted the owner/developer, Mark Kennedy and developer, Rick Leuthold at I State Trucks in
Montana via phone to notify them of the nest and the protection that the Migratory Bird Treaty Act allowed. I would
like clarification from you if you will be formally notifying I State of your findings (following your visit to the site with
Mark Noble) or whether I need to formally notify them ofthe protection the nest and wildlife hold?
Thanks for all your help and taking the time to speak to me earlier today aboufthis issue. Feel free to contact me via
email or phone (952) 233-1683 if you have questions and/or can give me more information about your findings after
your visit.
You can contact Stacy Pumper atjspumper@earthlink.net or pumpers@district279.mn.us (952) 496- 9629 if you have
further questions for her.
Sincerely,
Melanie Gezel-Rangel
--
Blab-away for as little as 1~/min. Make PC-to-Phone Calls using Yahoo! Messenger with Voice.
04/20/2006
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Here is some red-tailed hawk info... Information obtained from DeAnn Andresi from the
USFWS -Permits division and the Raptor Center at the U of M.
You cannot disturb or remove an active nest. Hawks will lay eggs between about now
and May. Egg incubation is about 30 days and then they'll stay in the nest after hatched
foranother 45 days. Once they leave, they are gone and you can remove the nest (OK
to remove nest by USFWS; DNR may have permits to remove an old nest - I am
checking into this).
Staying away from an active nest with construction activity is also important so they don't
abandon the nest - however, there are no guidelines as to how far you should stay
away. If work needed to start before the birds leave, we could visit the site and make a
recommendation.
Andi Moffatt
Environmental Scientist
WSB & Associates
701 Xenia Avenue - Suite 300
Mpls, MN 55416
Phone: (763)287-7196
Fax: (763)541-1700
Mobile: (612)360-1301
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United States :Departrnent of the .Interior
JFISH ANI) WILDLIFE SERVICE
Washington, \iVashillgtOJtl, n (: 20140
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MIGRATORYBIRD PERNllT tvlEMORANDUM
SUBJECT: Nest Destruction
PURPOSE: The purpose of the memorandum is to clarify the application of the Mignttory Bird
Treaty Act (MBTA) to migratory bird nest destruction, and to provide guidance for advising the
public regtuding this issue.
.POLICY: The MBTA does not contain any prohibition that applies to the destruction of a
migratory bird nest alone (without birds or eggs), provided that no possession occurs during the
destruction. To minimize MBTA violations, Service employees should make every effortto
informthe public of how to minimize the risk of taking migratory bird species whose nesting
behaviors make it difficult to detemline occupancy status or continuing nest dependency.
The MBTA specificallyprotects migratory bird nests frompossession. sale, purchase, barter,
transport, irt/port, and export, and take. The other prohibitions of the MBTA - cllpture,pul'sl1t!,
hunt, and kill - are inapplicable to nests. The regulatory definition of take, as deJined by 50 CFR
10.12, means to pursue, hunt, shoot, wound. kill, trap. capture, or collect, or attempt to pursue
hunt, shoot, wound, kill.. trap, capture. or collect. Only collect applies to nests.
While it is illegal to collect, possess, and by any means transfer possession of any migratory bird
nest, the l\tlBTA does not contain any prohibition that applies to the destruction of a bird nest
alone (without birds or eggs), provided that no possession occurs during the destruction. The
MBTA does not authorize the Serviceto issue permits in situations in which the prohibitions of
the Act do not apply, such as the destruction of unoccupied ncs"ts. (Some unoccupied nests are
legally protected by statutes other than the MBT A, including nests ofthreatened and endangered
migratory bird species and bald and golden eagles, within ceJiain parameters.)
However, the public should be made aware that, while destruction of a nest by itself is not
prohibited tillder the MBTA, nest destruction that results in the tillpel1nirted take of migratOlY
birds or their eggs. is illegal and thlly prosecutable under theMBTA.
Due to the biological and behavioral characteristics of some migratOlY bird species, destruction
of their nests entails an elevated degree of risk of violating the MBT A. For example, colonial
nesting birds are highly vulnerable to disturbance; the destruction of Lilloccupied nests during or
near the nesting season could result in a significant level of take. Another exmnple involves
.~~
ground nesting species such as burrowing owls and bank swallows, which nest in cavities in the
ground, making it difllcul t to detcct whether or not their nests are occupied by eggs or nestlings
or are otherwise still essential to the surv.ival ofthejuvenile birds. The Service should make
every eJlort to raise public awareness regarding the possible presence of birds and the rlsk of
violating the MBTA, the Endangered Species Act (ESA), and the Bald and OoldenEagle
Protection .Act (BOEP A), and should inform the pub lie of factors that wiII help minimize the
likelihood that take would occur should nests be destroyed (i.e., when active nesting season
normally occurs).
The Service should also take care to discem that persons who request MBTA. permits for nest
destruction are not targeting nests of endangered or threatened species or bald Of golden eagles,
50 that the public can be made aware of the prohibitions of the ESA and the BGEPA against nest
destruction.
In situations where it is necessary (i.e., for public saJety) to remove (destroy) a n0st that is
occupied by eggs Of nestlings or is otherwise still essential to the survival of a juvenile bint and.
a permit is available pursuant to 50 CFRparts 13 and 21, the Service may issue a permit to take
individual birds.
Dir~~
" 'Part Two - Critical Areas . ". ':", .:',:, . . ~, ~':~I~f"~;:~~~~i;;Kf~~*~~~~~tt
Wi.'I"€f"r:f. H! IQ-it .~ C'. .. '. . .... t~) . A
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Wildlife Ha bitat 2 -113
WILDLIFE HABITAT CONSERVATION AREAS:
BREEDING SITE PROTECTION
Bald eagle
Bald eagles typically nest in a large tree with stout upper branches within a stand of large trees
close to a lake, river, or marine shoreline.
If a bald eagle nest is identified on the property, the following protections will apply:
. No alterations within 800 feet from March 15 through April 30 (incubation and first three
weeks of brooding).
· Maintain a 400 foot radius around nest trees.
. Prohibit use of land,clearing machinery within 800 feet from January 1 through August 31.
Great blue heron
Great blue herons nest in rookeries (communal groups of nests) typically found in a mature forest
stand with an uneven canopy of trees at least 50 feet high, within 0.6 miles of water.
If a great blue heron rookery is identified on the property, the following protections will apply:
. No clearing or grading disturbance from January 1 through July 31 within 924 feet around
existing rookeries.
. Maintain 820 foot radius around existing rookeries that are known to be stable; buffer may be
increased by 164 feet if population of rookery is declining.
Marbled murrelet
Marbled murrelets nest in large Douglas-fir, Sitka spruce, western hemlock, or western redcedar in
I old-growth forest. They nest in trees containing platforms or deformities such as large or forked
limbs, broken tops, dwarf mistletoe infections, or witches' brooms. The parents take turns every 24
hours incubating the egg or flying up to 12 miles out to sea to feed.
If a marbled murrelet nest site is identified on the property, the following protections will apply:
· Protect area within 0.5 mile of nest trees.
Northern goshawk
Northern goshawks typicaLLy nest in large, contiguous tracts of old~growth or mature forest with
large trees, a closed canopy, and an open understory of shrubs and herbs, generaLLy near the base
of north-facing slopes. The goshawk is very protective of its nest and will attack anyone who
ventures too close.
If a northern goshawk nest is identified on the property, the following protections will apply:
. Maintain 1,500 foot radius around active nest sites located outside the urban growth area.
Red-tailed hawk
Red tailed hawks are one of the earliest breeders in the Pacific Northwest. Nest characteristics
vary widely with vegetation and topography. Common characteristics include an unobstructed
access to nests from above and a commanding view of the adjacent environment. Nest sites are
taLL trees, in open areas and often close to water. -"
~
If a red-tailed hawk nest is identified on the property, the following protections will apply: .
. Maintain an area with a radius of 325 feet from an active nest located outside the urban growth ~
.!i
area. 9
. Clearing and grading is not allowed within 660 feet of an active nest located outside of the ~
urban growth area from March 1-July 31 ~
@ King County
Department of Development and Environmental Services
Department of Natural Resources and Parks
Department of Transportation
WILDLIFE HABITAT CONSERVATION AREAS:
BREEDING SITE PROTECTION continued
Osprey
Ospreys typically nest in snags that are 10-130 feet tall, with a broken top or strong side limbs,
and surrounded by water or within 330 feet of water.
If an osprey nest is identified on the property, the following protections will apply:
. No disturbance within 660 feet from April 1 through September 30.
. Maintain 230 foot radius around active nest.
Peregrine faLcon
Peregrine falcons typically locate their nests (eyries) on cliffs at least 150 feet high.
If a peregrine falcon nest (eyrie) is identified on the property, the following protections will apply:
. No human activity along the nest cliff rim, immediately below nest cliffs, on on the cliff face
within 1,000 feet at any time of year.
. No surface-disturbing activities that would produce loud noises (e.g. blasting, operation of
chainsaws and heavy machinery) from March 1 through June 30 within .5 mile feet of nest.
. Route powerlines 1,000 feet from eyries.
Spotted owl
Spotted owls typically nest in cavities, broken tops, or other deformities in trees located in old-
growth forest or other mature forest with a layered, closed canopy and a supply of large trees or
snags with appropriate nest sites.
If a spotted owl nest is identified on the property, the following protections will apply:
. Protect 3,700 foot radius from nest tree.
; "" ~ Townsend's big-eared bat
> ~< Townsend's big-eared bats typically form nesting colonies and hibernate in caves or mines. or
j occasionally in buildings.
..
~ ' < , If a cave, mine or other structure containing a Townsend's big-eared bat colony is identified on the
" ' "'~.
i property, the following protections will apply:
. Maintain a minimum 450' radius in all directions from the entrance of a cave or mine of an active
and alternate nursery sites located outside of the urban growth area from June 1-0ctober 1
. Establish 450 foot radius around the entrance to the cave or mine serving as winter hibernacula
November 1 - March 31 outside of the urban growth boundary
. A building, bridge or tunnel, or other structure used solely for day or night roosting shall not be
altered from March 1-November 30
. The entrance to a cave or mine that is protected because of bat presence is protected from
human entry May 1 - September 15
. Gate entrance to cave or mine that is protected because of bat presence must be designed to
allow bats to enter and exit.
~ Vaux's swift ~
.... / ........
,./;~1::;T'.," Vaux's swifts nest in hollow trees or cavities left by pileated woodpeckers within old-growth forest. .
If a Vaux's swift nest is identified on the property. the following protections will apply:
. Maintain a 300 foot radius around active nest sites outside the urban growth area.
. No clearing or construction activities within 400 feet of active or potential nest trees from
,. '.1 ,.~ .~\\.tl"( April 1 through October 31, unless potential nest tree is proved to contain no nests.
Wildlife habitat conservation areas overview
Development standards
Wildlife habitat conservation areas
Reference CAO Section 198
A wildlife habitat conservation area is an area for a species whose habitat the King
County Comprehensive Plan requires the county to protect including an active
breeding site and the area surrounding the breeding site that is necessary to protect
breeding activity. Nine species of birds and one bat species have been identified as
having habitat to protect. They include the bald eagle, great blue heron, marbled
murrelet, northern goshawk, osprey, peregrine flacon, spotted owl, Red-tailed Hawk,
and Townsend's big-eared bat.
The development standards that apply to development proposals for each species
are listed in Section 198.
Active breeding sites of species not listed above will also be protected if they are
identified in the King County Comprehensive Plan. The majority of these species is
not likely to be found in the urban or rural residential portions of King County (areas
more likely to be developed) or is not known to be actively breeding in the county.
However, their breeding habitat is protected. A list of these species can be found in
Table 8-1 of The Best Available Science (BAS) Report Volume I: A Review of
Science Literature available at: http://www.metrokc.Qov/ddes/cao.
Adopted management recommendations by the Washington State Department of
Fish will be used for the species that are listed. Priority Habitat and Species
management recommendations and Priority Habitat Species (PHS) maps and digital
data are available at: http://wdfw.wa.oov/hab/phspaoe.htm.
If management recommendations have not been adopted for a species identified in
the King County Comprehensive Plan, then the department will base
recommendations on best available science.
Critical area revi ew
Reference CA 0 Section 146
Before clearing, grading, onsite preparation, alterations, or a development proposal
permit request is made; the applicant must conduct a critical area review. The
purpose of thecritical area review is to determine if there is an active breeding site
of a protected species on the site, mapped or identified within 300 feet of the site, or
Wildlife Areas 2-116
visible from property boundaries of the development proposal site. To determine if
your site has a priority habitat species, you will need to hire a wildlife expert to
conduct a wildlife study.
Report requirements
Reference CAO Section 147
The applicant for the development proposal is required to submit a Critical Areas
Report to the department for review.
A report is required for development proposals requiring a critical area review and
includes the following basic information:
. Valid Critical Areas Designation. The wildlife habitat area will be identified by
an expert and the results from the study will designate the wildlife habitat area
regarding the presence, type, and location on the property. The applicant
may chose to hire a wildlife consultant or King County DOES Environmental
Scientist to conduct the study. Additional information and an application form
for the designation process can be found at:
http://www.metrokc.Qov/ddes/cao/ or by calling DOES at
206-296-6600 ;
. If applicable, a critical area review performed for the same site or portion of
the site for another permit approval process in the prior five years; and
. A basic checklist (determined by the department) for each critical area on or
adjacent to the site and buffer including topographic features, general
vegetation types and potential habitat and breeding sites, and any information
related to the classification, type or category of the critical area.
Level II, III, and IV reports are required when additional information beyond what is
described above is required to determine potential impacts or risks, functions, and
appropriate mitigation. Refer to CAO Section 147C.
As part of the Critical Area Review, the department wi II review Critical Area Reports
to determine:
1. That all of the critical areas have been identified accurately;
2. If the critical area will be altered as a result of the development proposal;
3. If the development proposal is consistent with this chapter; and
4. That the proposal has avoided impacts to the critical area.
The report requirements and a Public Rule are in the process of being developed
and adopted to implement the criteria and provisions set forth in this section.
Wildlife Areas 2-117
Table 1. Wildlife habitat conservation area setbacks
Species Wildlife Habitat Timing of Alteration
Conservation Area
Bald eagle 400-foot radius from active March 15-April 30, alterations not
nest allowed within 800 feet of nest.
January 1-August 31, land clearing
machinery (bulldozers, graders,
heavy equipment may not be
ooerated within 800 feet of the nest
Great Blue 820-foot radius from the January 1-July 31, clearing or
Heron rookery. Department can grading not allowed within 924 feet of
increase radius up to an the rookery
additional 164 feet if
population of rookery is
declinina
Marbled One-half mile radius
Murrelet around an active nest
Northern 1 ,500-foot radius around
goshawk an active nest located
outside of the Urban
Growth Area (UGA)
Osprey 230-foot radius around an April1-September 30, alterations not
active nest allowed within 660 feet of nest
Peregrine Extending 1,000 feet of an March 1-June 30, land -clearing
falcon eyrie on a cliff face, the activities that result in loud noises
area immediately above (blasting, chain sawing, or heavy
the eyrie on the rim of the machinery) are not allowed within
cliff, and the area one-half mile of eyrie.
immediately below the cliff New power lines may notbe
constructed within 1,000 feet of the
eyrie.
Spotted Owl 3,700-foot radius from an
active nest
Wildlife Areas 2-118
Species Wildlife Habitat Timing of Alteration
Conservation Area
Townsend's June 1-0ct 1 - 450-foot March 1-Nov 30, a building, bridge,
long -eared bat radius around from tunnel, or other structure used solely
entrance to a cave or mine for day or night roosting may not be
located outside of the altered or destroyed.
UGA, within an active May 1-Sept 15, the entrance into a
nursery colony cave or mine that is protected
Nov. 1-March 31 - 450- because of bat presence is protected
foot radius around the from human entry
entrance to a cave or mine A gate across the entrance to a cave
located outside the UGA or mine that is protected because of
serving as a winter bat presence must be designed to
hibernacuJa allow bats to enter and exit the cave
or mine
Vaux's swift 300-foot radius around an April1-0ct 31 clearing grading, or
active nest located outside outdoor construction is not allowed
of the UGA within 400 feet of an active or
potential nest tree. A species survey
may be used to demonstrate that the
potential nest tree does not contain
an active nest
Red-tailed 325-foot radius from an March 1 - July 31 clearing am
hawk active nest located outside grading is not allowed within 660 feet
of the UGA of an active nest located outside of
the UGA
Modification of requirements
Reference CAD Section 199
The department may approve a reduction of thewildlife habitat conservation area for
the bald eagle, goshawk, great blue heron, osprey, peregrine flacon, and red-tailed
hawk based on a site-specific Critical Areas Report that demonstrates the evaluation
of the tolerance of the animals occupying the nest or rookery to the existing level of
development in the vicinity of the nest or rookery. The report requirements and a
Public Rule are in the process of being developed and adopted to implement the
criteria and provisions set forth in this section.
Wildlife habitat network
Reference CA 0 Section 201
The official wildlife habitat network is defined and mapped in the King County
Comprehensive Plan. The wildlife habitat network is a network ofcontiguous
Wildlife Areas 2-119
vegetated corridors that are intended to Ii nk wildlife habitat with critical area buffers,
priority habitats, trails, open space and other areas to provide for wildlife movement
and alleviate habitat fragmentation.
All urban planned developments, fully contained communities, binding site plans,
subdivisions, short subdivisions, and individual lots that have a segment of the
wildlife habitat network within them are required to identify and protect the wildlife
habitat network (unless it already exists in a tract, easement, or setback, and has
been recorded).
Development standards
1. Establishing the wildlife habitat network
The wildlife habitat network must be sited to meet the following conditions:
. Form one contiguous track or setback area that enters and exits the property
where the network crosses the property boundary;
. To the maximum extent practicable, maintain a width of 300 feet and not be
less than 150 feet at any point,
. Be contiguous with and include critical areas and their buffers;
. To the maximum extent practicable 1, connect isolated critical areas or habitat;
. To the maximum extent practicable, connect wildlife network segments, open
space tracts, or wooded areas on adjacent properties; and
. Be permanently marked in accordance with this chapter.
2_ Proposals for recreation, forestry and other compatible uses
Proposals for recreation, forestry, or any other use compatible with preserving and
enhancing the habitat value of the wildlife network must have an approved
management plan. The applicant must record the plan and monitor and assure
compliance with the plan.
3. Clearing within a wildlife habitat network
Clearing within the wildlife habitat area network in a tract or tracts are limited to that
allowed by an approved management plan. If a wildlife habitat network is contained
within a setback, a management plan is not required. Clearing is not allowed within
a setback area on individual lots unless the property owner has an approved
management plan.
I "Maximum extent practicable" is defined as the highest level of effectiveness that can be achieved
through the use of best available science or technology.
Wildlife Areas 2-120
In urban planned developments, fully contain communities, binding site plans,
subdivisions and short subdivisions, a homeowner's associate or other entity
capable of long-term maintenance and operations shall monitor and assure
compliance with any approved management plan.
Segments of the wildlife habitat network set aside in tracts, conservation easements,
or setback area must comply with K.C.C. 16.82.150 (Grading Code).
The department may credit a permanent open space tract containing the wildlife
habitat network toward the other applicable requirements (refer to Section 203.H).
The director may waive or reduce these standards for public facilities such as
schools, fire stations, parks and road projects.
Mitigation requirements - wildlife habitat conservation
area and wildlife habitat network
Reference CA 0 Section 204
In addition to the requirements in Sections 137 (Allowed Alterations of Critical
Areas), Section 149 (Avoiding Impacts to Critical Areas), and Section 151 (Offsite
Mitigation), the following mitigation applies to compensate for adverse impacts in
wildlife habitat conservation areas and wildlife habitat networks.
Wildlife habitat Conservation Area
Mitigation to compensate for the adverse impacts must prevent disturbance of each
protected species. Onsite mitigation may include management practices such as
timing of the disturbance. Offsite mitigation is limited to sites that will enhance the
wildlife habitat conservation area.
Wildlife habitat network
Mitigation to compensate for the adverse impacts must achieve equivalent or greater
biological functions including but not limited to greater biologic functions including
but not limited to habitat complexity and connectivity functions. Specific mitigation
requirements for impacts include:
. Expand or enhance as close to the impact as feasible;
. Attain the mitigation ratios in Table 2 for the area of alteration;
Wildlife Areas 2-121
Table 2. Mitigation ratios for wildlife habitat network
Onsite Mitigation Offsite Mitigation
1 : 1 rectifv illeaal alteration 2:1 rectifv iIleaal alteration
1.5:1 enhancement or restoration 3:1 enhancement or restoration
For temporary alterations the department may require rectification, restoration, or
enhancement of the altered wildlife habitat network.
The department may increase the width of the wildlife habitat network to mitigate for
risks to habitat functions.
To the maximum extent possible the mitigation should replicate the site prior to the
alteration, including soil type, conditions and physical features, vegetation diversity
and density, and biologic and habitat functions.
Modifying requirements
The department may modify the requirements in this section if the applicant
demonstrates that greater wildlife habitat functions will be obtained in the same
wildlife habitat conservation area or wildlife habitat network through alternative
mitigation measures. The methodology and report requirements and a Public Rule
are in the process of being developed and adopted to implement the criteria and
provisions set forth in this section.
Allowed a Iterations
Reference CAO Section 137
The standards established in CAO Section 138 apply to all developments that are
proposed at or near a wildlife habitat conservation area or wildlife habitat network.
Alterations are allowed in these areas if the alteration complies with the development
standards, mitigation requirements, and other applicable requirements in this
chapter. Refer to the table in CAD Section 138 that lists the allowed alteration
(labeled as A) with the corresponding number (1-59) which refers to the alteration
condition that applies and is listed in Section 138.0.
Single detached dwelling unit
Construction of single detached dwelling units is not allowed.
Nonresidential farm structures
Construction of nonresidential farm structures is allowed within grazed or tilled wet
meadows or buffers of wetlands or aquatic areas where:
Wildlife Areas 2-122
. The site is predominately used for the practice of agriculture;
. The structure is in compliance with an approved Farm Management Plan
(See CAO Section 133);
. The structure is either:
1. on or adjacent to existing nonresidential impervious surface areas,
additional impervious surface area is not created waterward of existing
impervious surface areas and the area was not used for crop
production,
2. higher in elevation and no closer to thesevere channel migration
hazard area, or aquatic area or aquatic area buffer than its existing
position, or
3. located away from existing impervious surface area that is determined
to be the optimum site in the Farm Management Plan;
. Best management practices associated with the structure specified in the
Farm Management Plan are installed and maintained; and
. Installation of fencing in accordance with K.C.C. chapter 21 A.30 does not
require the development of a Farm Management Plan if required best
management practices are followed and the installation does not require
clearing of critical areas or their buffers.
Construction of nonresidential farm structures is allowed in a severe channel
migration hazard area portion of an aquatic buffer only if:
. There is no feasible location on site;
. The structure is not used to house animals or store hazardous substances;
and
. The total footprint of all accessory structures within the severe channel
migration hazard area will not exceed the greater of 1,000 square feet within
the severe channel migration hazard or two percent of the severe channel
migration hazard area on site.
These alterations are allowed in a wildlife conservation area if no clearing, external
construction or other disturbance occurs during breeding seasons established under
Section 198 of this ordinance.
Existing structures
Existing structures may be maintained or repaired in a wildlife conservation area if
no clearing, external construction or other disturbance occurs during breeding
seasons established under Section 198 of this ordinance.
Expansion or replacement of existing primary structures is allowed in a wildlife
conservation area if:
. No clearing, external construction or other disturbance occurs during breeding
season established under Section 198 of this ordinance.
Wildlife Areas 2-123
. The expansion or replacement does not increase the footprint of a
nonresidential structure;
. The expansion or replacement does not increase the footprint of a dwelling
unit by more than 1,000 square feet and the location of the expanded area
has the least adverse impact on the critical area;
. The structure was not established as the result of a variance, buffer averaging
or reasonable use exception; and
. To the maximum extent practical, the expansion or replacement is not located
closer to the critical area or within the relic channel that can be connected to
an aquatic area.
Remodeling
Interior remodeling is allowed within wildlife habitat conservation areas and the
wildlife habitat network.
Docks or piers
Construction of a new dock or pier is not allowed in wildlife habitat conservation
areas or the wildlife habitat network.
Maintenance, repair or replacement of docks or piers is allowed in a wildlife
conservation area if no clearing, external construction or other disturbance occurs
during breeding seasons established under Section 198 of this ordinance.
Grading
Grading is a 1I0wed in a wildlife conservation area if no clearing, external construction
or other disturbance occurs during breeding season established under Section 198
of this ordinance.
The following are allowed in the severe channel migration hazard area if conducted
more than 165 feet from the ordinary high water mark (See definition in CA 0 Section
82) in the rural area and 115 feet from the ordinary high water mark in the urban
area:
. Grading up to 50 cubic yards on lots less than 5 acres; and
. Clearing up to 1,000 square feet or up to a cumulative 35 percent of the
severe channel migration hazard area.
Wildlife Areas 2-124
Construction of new slope stabilization is allowed:
. In a wildlife conservation area if no clearing, external construction or other
disturbance occurs during breeding seasons established under Section 198 of
this ordinance; and
. Only where erosion or landsliding threatens a structure, utility facility,
roadway, driveway, public trails, aquatic area or wetland if to the maximum
extent practical, stabilization work must not disturb the slope and its
vegetation cover or any associated critical areas.
Maintenance of existing slope stabilization is allowed in a wildlife conservation area
if no clearing, external construction or other disturbance occurs during breeding
seasons established under Section 198 of this ordinance.
Clearing
Clearing is allowed in a wildlife conservation area if no clearing, external
construction or other disturbance occurs during breeding season established under
Section 198 of this ordinance.
The following are allowed in the severe channel migration hazard area if conducted
more than 165 feet from the ordinary high water mark (See. definition in CA 0 Section
82) in the rural area and 115 feet from the ordinary high water mark in the urban
area:
. Grading up to 50 cubic yards on lots less than 5 acres; and
. Clearing up to 1,000 square feet or up to a cumulative 35 percent of the
severe channel migration hazard area.
Clearing is allowed for the removal of hazard trees (See CAO Section 107) and
vegetation as necessary for surveying or testing purposes. Clearing is also allowed
for harvesting of plants and plant materials, such as plugs, stakes, seeds or fruits,
for restoration and enhancement projects.
Cutting of firewood is:
. Not allowed in a wildlife habitat conservation area, but
. Allowed within wildlife habitat network with an approved management plan
under K.C.C.21A.14.270 as recodifed by this ordinance.
Removal of vegetation for fire safety is allowed in a wildlife habitat conservation area
if:
. No clearing, external construction or other disturbance occurs during breeding
seasons established under Section 198 of this ordinance; and
Wildlife Areas 2-125
. If in accordance with best management practices approved by the King
County Fire Marshal.
Removal of noxious weeds or invasive vegetation is allowed in a wildlife
conservation area if:
. No clearing, external construction or other disturbance occurs during breeding
seasons established under Section 198 of this ordinance;
. In accordance with an approved Forest Management plan, farm plan, or Rural
Stewardship Plan; or
. Without an approved Forest Management Plan or Rural Stewardship Plan if:
1. Removal is undertaken with hand labor, including hand-held
mechanical tools, unless the King County Noxious Weed Control
Board otherwise prescribes the use of riding mowers, light mechanical
cultivating equipment or biological control methods. Call 206-296-0290
or visit the King County Noxious Weed Control Web site at:
http://dnr.metrokc.qov/wlr/lands/weeds/index.htm. The area of noxious
weed or invasive vegetation removal must be stabilized to avoid re-
growth or regeneration and the area must be re-vegetated with native
or non-invasive vegetation and stabilized against erosion, and
2. Herbicide use is in accordance with federal am state law.
Forest practices
Non-Conversion Class IV -G Forest Practice is allowed in wildlife areas if:
. Conducted in accordance with chapter 76.09 RCW and Title 222 WAC and a
Forest Management Plan is approved forthe site by the King County
Department of Natural Resources and Parks. The property owner must also
provide a notice of intent in accordance with RCW 76.09.060 that the site will
not be converted to non-forestry use within six years. Additional information
on Forest Management Plans is available at:
http://dnr.metrokc.qov/wlr/lands/forestrv/index.htm .
. In compliance with published Washington State Department of Fish and
Wildlife and Washington State Department of Natural Resources
Management standards for the species. If there are no published Washington
Standards, only if in compliance with management standards determined by
the county to be consistent with best available science.
Priority Habitat and Species, management recommendations, and Priority Habitat
Species (PHS) maps and digital data are available at
http://wdfw.wa. qov Ihab/p hspaqe. htm.
Class I, II, III, and IV -S Forest Practices are allowed in wildlife habitat conservation
areas and wildlife habitat networks.
Wildlife Areas 2-126
Roads
Construction of a new public road right~of-way and expansion beyond a public road
right-of-way structure is prohibited in wildlife habitat conservation areas and wildlife
habitat network.
Maintenance of public road right-of-way structures and repair, replacement or
modification of a road within an existing right-of-way is allowed when:
. Performed by or at the direction of a government agency in accordance with
the regional road maintenance guidelines. These guidelines are available
online at http://www.metrokc.Qov/kcdotlroads/esa/index.cfm; and
. To the maximum extent practical, during breeding season established under
Section 198 of this ordinance, land clearing machinery such as bulldozers,
graders or other heavy equipment is not operated within a wild life habitat
conservation area.
Farm field access drives
Construction of farm field access drives are allowed if approved through a Farm
Management Plan. See CAOSection 138 relating to Farm Management Plans.
Driveways and private access roads
Construction of driveways or private access roads is allowed if:
. An alterative access is not available;
. Impact to the critical area is minimized to the maximum extent practical
including the use of walls to limit the amount of cut and fill necessary,
. The risk associated with landslide and erosion is minimized;
. Access is located where it is least subject to risk from channel migration; and
. Construction occurs during approved periods for instream work.
Maintenance of a driveway, private access road, or farm field access drive is allowed
only if:
. To the maximum extent practical, during breeding season established under
Section 198 of this ordinance, land clearing machinery such as bulldozers,
graders or other heavy equipment is not operated within a wildlife habitat
conservation area;
. The maintenance does not involve the use of herbicides, hazardous
substances, sealants or other liquid oily substa nces in aquatic areas,
wetlands or their buffers; and
Wildlife Areas 2-127
. When the maintenance or the replacement of bridges or culverts involves
waters used by salmon ids, the work is in compliance with ditch standards in a
Public Rule and the maintenance of culverts is limited to removal of sediment
and debris from the culvert and its inlet, invert and outlet and the stabilization
of the disturbed or damaged bank or channel immediately adjacentto the
culvert and does not involve the excavation of a new sediment trap adjacent
to the inlet. The King County Public Rule is available online at:
http://www.metrokc.Qovlddes/pub rule/#rules (Chapter 21A.24 Sensitive
Areas: Maintenance of Ditches Used by Salmonids).
Bridges or culverts
Maintenance or repair of a bridge or a culvert is allowed when:
. Performed by or at the direction of a government agency in accordance with
regional road maintenance guidelines. These guidelines are available online
at: http://www.metrokc.qovlkcdotlroads/esa/index.cfm;
. The maintenance does not involve the use of herbicides, hazardous
substances, sealants or other liquid oily substances in aquatic areas,
wetlands or their buffers; and
. When the maintenance or the replacement of bridges or culverts involves
waters used by salmonids the work isin compliance with ditch standards in a
Public Rule and the maintenance of culverts is limited to removal of sediment
and debris from the culvert and its inlet, invert and outlet and the stabilization
of the disturbed or damaged bank or channel immediately adjacent to the
culvert and does not involve the excavation of a new sediment trap adjacent
to the inlet. The King County Public Rule is available online at:
http://www.metrokc.Qov/ddes/pub rulel#rules (Chapter 21 A.24 Sensitive
Areas: Maintenance of Ditches Used by Salmonids); and
. To the maximum extent practical, during breeding season established under
Section 198 of this ordinance, land clearing machinery such as bulldozers,
graders or other heavy equipment is not operated within a wildlife habitat
conservation area.
Replacement of a bridge or culvert is allowed:
. When performed by or at the direction of a government agency in accordance
with regional road maintenance guidelines. These guidelines are available
online at http://www.metrokc.qov/kcdot/roads/esa/index.cfm; and
. To the maximum extent practical, during breeding season established under
Section 198 of this ordinance, land clearing machinery such as bulldozers,
graders or other heavy equipment is not operated within a wild life habitat
conservation area.
Wildlife Areas 2-128
Expansion of a bridge or culvert is allowed in a wildlife conservation area if no
clearing, external construction or other disturbance occurs during breeding season
established under Section 198 of this ordinance.
Utilities and other infrastructure
Construction of a new utility corridor or utility facility is allowed if:
. An alterative access is not available;
. Impact to the critical area is minimized to the maximum extent practical
including the use of walls to limit the amount of cut and fill necessary;
. The risk associated with landslide and erosion is minimized;
. Access is located where it is least subject to risk from channel migration;
. Construction occurs during approved periods for instream work; and
. Allowed only for new utility facilities in existing utility corridors.
Maintenance, repair or replacement of a utility corridor or utility facility is allowed:
. In a wildlife conservation area if no clearing, external construction or other
disturbance occurs during breeding season established under Section 198 of
this ordinance;
. In an existing roadway if constructed with the regional road maintenance
guidelines; and
. If the disturbed area is not expanded, clearing is limited to the maximum
extent practical and no hazardous substances, pesticides or fertilizers are
applied.
Maintenance or repair of existing well or maintenance, repair, or replacement of an
existing surface water conveyance system is allowed:
. In a wildlife conservation area if no clearing, external construction or other
disturbance occurs during breeding season established under Section 198 of
this ordinance; and
. If the disturbed area is not expanded, clearing is limited to the maximum
extent practical and no hazardous substances, pesticides or fertilizers are
applied.
Maintenance or repair of an onsite sewage disposal system, existing surface water flow
control, surface water quality treatment facility,. and exiting instream structure or
construction of a new surface water conveyance system is allowed in:
. Wildlife conservation area if no c1eari ng, external construction or other
disturbance occurs during breeding season established under Section 198 of
this ordinance.
Wildlife Areas 2-129
Construction of new surface water flow control or a surface water quality facility is
allowed:
. In a wildlife conservation area if no clearing, external construction or other
disturbance occurs during breeding season established under Section 198 of
this ordinance; and
. In an existing roadway if constructed with the regional road maintenance
guidelines.
Construction of a new flood protection facility is allowed:
. If to the maximum extent practical, during breeding season established under
Section 198 of this ordinance, land clearing machinery such as bulldozers,
graders or other heavy equipment is not operated within a wildlife habitat
conservation area;
. In a severe channel migration hazard area portion of an aquatic area buffer to
prevent bank erosion only if consistent with the King County's Guidelines for
Bank Stabilization Projects and if bioengineering (See CAO section 11)
techniques are used to the maximum extent practical, unless the applicant
can demonstrate that other methods provide equivalent structural stabilization
and environmental function. The King County Guidelines for Bank
Stabilization Projects is available online at:
http://dnr.metrokc.Qov/wlr/biostabl/.
,
New flood protection facilities are only allowed in a severe channel migration hazard
area to protect the following:
. Public roadways;
. Sole access routes that were in existence before February 16, 1995; or
. New primary dwelling units, accessory dwelling units or accessory living
quarters and residential accessory structures located outside the severe
channel migration hazard area if:
1. The site is adjacent to or abutted by properties on both sides
containing buildings or sole access routes protected by legal bank
stabilization in existence before February 16, 1995. The buildings,
/ sole access routes or bank stabilization must be located no more than
600 feet apart as measured parallel to the migrating channel; and
2. the new primary dwelling units, accessory dwelling units, accessory
living quarters or residential accessory structures are located no closer
to the aquatic area than similar structures on abutting adjacent
properties.
Maintenance, repair or replacement of lawfully established flood protection facilities
is allowed if:
. Maintained by a public agency;
. The height of the facility is not increased;
Wildlife Areas 2-130
. The linear length of the affected edge of the facility is not increased;
. The footprint of the facility is not expanded waterward;
. If consistent with the King County's Guidelines for Bank Stabilization Projects
and if bioengineering (See CAD Section 11) techniques are used to the
maximum extent practical;
. The site is restored with appropriate native vegetation; and
. To the maximum extent practical, during breeding season established under
Section 198 of this ordinance, land clearing machinery such as bulldozers,
graders or other heavy equipment is not operated within a wild life habitat
conservation area.
A new instream structure (See CAD section 68) or instream work is allowed:
. If performed by or at the direction of a government agency in accordance with
the regional road maintenance guidelines, which are available online at:
http://www . metrokc.Qov/kcdot/roads/esalindex.cfm;
. In a wildlife conservation area if no clearing, external construction or other
disturbance occurs during breeding season established under Section 198 of
this ordinance; and
. If the aquatic area is a Type N orO, the new instream structure or work must
be done in the least impacting way and at the least impacting time of the year.
It must also be done in conformance with applicable best management
practices and all the affected instream and buffer features restored. If the
aquatic area is a Type S or F, the new instream structure or work must be
included as part of a project to evaluate, restore or improve habitat, and must
be sponsored by a public agency that has natural resource management as a
function or by a federally recognized tribe.
Recreation areas
Construction of a new trail is not allowed in a wildlife habitat conservation area.
Maintenance of outdoor public park facilities, trails and publicly improved recreation
areas is allowed in the wildlife conservation area if:
. No clearing, external construction orother disturbance occurs during breeding
seasons established under Section 198 of this ordinance; and
. It does not involve the use of herbicides or other hazardous substances
except for the removal of noxious weeds or invasive vegetation. When
salmonids are present, the maintenance must be in compliance with the King
County Public Rule for Maintenance of Agricultural Ditches and Streams
Used by Salmon ids. This Public Rule is available online at:
http://www.metrokc.Qov/ddes/pub%5F rule/acrobat/21 a-24AQ 0 itchO 1 .pdf.
Wildlife Areas 2-131
Habitat and science projects
Habitat restoration or enhancement projects are a 1I0wed in a wildlife conservation
area if no clearing, external construction or other disturbance occurs during breeding
season established under Section 198 of this ordinance and are limited to:
. Those projects sponsored by a public agency that has natural resource
management as a primary function or by a federally recognized tribe;
. Habitat restoration or enhancement projects prepared by a qualified biologist;
and
. Being conducted in accordance with an approved forest or Farm
Management Plan or Rural Stewardship Plan.
Scientific sampling for salmon ids is allowed on Type N or 0 aquatic areas if
hazardous substances or toxic materials are not used.
Drilling and testing for Critical Areas Reports are allowed in a wildlife conservation
area if no clearing, external construction or other disturbance occurs during breeding
season established under Section 198 of this ordinance.
Agricultural activities
Horticulture activities, including tilling, disking, planting, seeding, harvesting,
preparing soil, rotating crops and related activities; grazing of livestock; construction
or maintenance of livestock manure storage facility; and construction or
maintenance of farm pond, fish pond, or livestock watering pond are allowed:
. If these activities have been in continuous existence since January 1, 2005,
and there is no expansion into the critical area or critical area buffer.
"Continuous existence" includes cyclical operations and managed periods of
soil restoration, enhancement or other fallow states associated with these
horticultural and agricultural activities; and
. For the expansion of existing or new agricultural activities where:
1. the site is predominately involved in the practice of agriculture,
2. there is no expansion into an area that has been clearedunder I, II, III,
IV-S Forest Practice Permits, or is more than 10,000 square feet with
tree cover at a uniform density of more than 90 trees per acre and with
the predominant mainstem diameter of the trees at least 4 inches in
diameter at breast height, not including areas that are actively
managed as agricultural crops for pulpwood, Christmas trees or
ornamental nursery stock,
3. the activities are in compliance with an approved Farm Management
Plan (See CAD Section 138); and
4. all best management practices associated with the activities specified
in the Farm Management Plan are installed and maintained.
Wildlife Areas 2-132
Construction or maintenance of livestock flood sanctuaries is not allowed in wildlife
habitat conservation areas a nd wildlife habitat networks.
Construction of agricultural drainage is allowed in a wildlife conservation area if no
clearing, external construction or other disturbance occurs during breeding season
established under Section 198 of this ordinance and if incompliance with an
approved Farm Management Plan (See CAO section 138) and all best management
practices associated with the activities specified in the Farm Management Plan are
installed and maintained.
Maintenance of agricultural drainage is allowed if these activities have been in
continuous existence since January 1, 2005, and there is no expansion into the
critical area or critical area buffer. "Continuous existence" includes cyclical
operations and managed periods of soil restoration, enhancement or other fallow
states associated with these horticultural and agricultural activities. Maintenance of
agricultural drainage is allowed if:
. The site is predominately involved in the practice of agriculture;
. There is no expansion into an area that has been cleared under I, II, III, IV-8
or Conversion IV -G Forest Practice Permits or where there is more than
10,000 square feet with tree cover at a uniform density of more than 90 trees
per acre and with the predominant mainstem diameter of the trees at least 4
inches in diameter at breast height, not including areas that are actively
managed as agricultural crops for pulpwood, Christmas trees or ornamental
nursery stock;
. The activities are in compliance with an approved Farm Management Plan
(See CAO Section 138); and
. All best management practices associated with the activities specified in the
Farm Management Plan are installed and maintained.
Maintenance of an agricultural drainage system that is used by salmon ids is allowed
if it in compliance with an approved farm plan.
Cemetery graves
Excavation of cemetery graves in an established and approved cemetery is allowed.
Maintenance of cemetery graves is allowed, whether in an established and approved
cemetery or not.
Lawns, landscaping and gardening
Maintenance of lawns, landscaping and gardening for personal consumption is
allowed within existing landscaped areas or other previously disturbed areas.
Wildlife Areas 2-133
Golf courses
Maintenance of golf courses is allowed in a wildlife conservation area if no clearing,
extema J construction or other disturbance occurs during breeding season
established under Section 198 of this ordinance, and when not performed under the
direction of a government agency only if:
. The maintenance does not involve the use of herbicides, hazardous
substances, sealants or other liquid oily substances in aquatic areas,
wetlands or their buffers, and
. When the maintenance or the replacement of bridges or culverts involves
waters used by salmonids, the work is in compliance with ditch standards in a
public rule and the maintenance of culverts is limited to removal of sediment
and debris from the culvert and its inlet, invert and outlet and the stabilization
of the disturbed or damaged bank or channel immediately adjacent to the
culvert and does not involve the excavation of a new sediment trap adjacent
to the inlet. The King County Public Rule is available online at
http://www.metrokc.Qov/ddes/pub rule/#rules (Chapter 21 A. 24 Sensitive
Areas: Maintenance of Ditches Used by Salmonids).
Wildlife Areas 2-134
04/20/06 08:16 FAX 6560967 ENGINEERING INC. ~001
.- ..- .- .-"- ..-. - - .-.---'- -
f A X 'IAIIIIT'"l
To: Mark Noble, Planner II Date: 4/20/2006
City of Shakopee Project No: 04082.04
Fax No: 952-233-3801 Pro'ect: I-State Truck Center ~ Shako ee
From: . Rick Leuthold Reference: DNR Natural Herita e Findings
Total Pages: 9
NOTES/COMMENTS:
Mark,
This is the info you and I talked about yesterday. Call with any questions.
If you do not receive this transmittal completely and clearly, please can 406.656-5255 to let us know. This communication sent by fax is confidential,
may be privileged and is intended for the exclusive use of the addressee. Any other person is slricUy prohibited from disclosing, disbibu6ng or
reproducing it If the addressee cannot be reached or is unknown to you, please inform us immediately by telephone, at our expense, and return this
communlcalion by mail to the address shown below.
1300 North Transtech Way . SiDings. Montana 59102 · Phone (406) 656-5255. Fax (406) 656-0967 .. www.enoinc.com
04/20/06 08 =_1~.-Ef'U,~5.6_09~,? ... - ENGINEERING INC. !gJ 002
..., .- -
~
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Minnesota Department of Natura! Resources ~'I.' '>~
5 ~~ 3 ~,
Natural Heritage and Nongame Research Program, Box 2" ~. ,\
500 Lafayette Road . c.o H,R ~~~~ .)s \
1.0' ....:""\ I'~ !
St. Paul. Minnesota 55155-40_ q -~;:,t.:, ,~ ~ .
Phone: (651) 259-5107 Fax: (651) 296-1&11 E-mail: sarah,hoffmann@dnr.stlit~.us '<,':0.. '" '" ... i',)}
~ . 'J..f\o.... -." \1.
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February 8, 2006 Oe6Z Bc.l.:t.~1.;?
Ms. Kjersten Olson
Engineering, Inc.
1300 North Transtech Way
Billings, MT 59102
Re: Requ~st for Natural Heritage information for vicinity of proposed I-State Trucking Center,
T115N R22W Section 5, Scott County
N'HNRP' Contact #: ERDB .20060563 '
Dear Ms. Olson.
The Minnesota Natural Heritage database has been reviewed to determine if any rare plant or animal
species Of other significant natural features are known to occur within an approximate one-milE,>. radius of the
area indicated on the map enclosed with your information request Based on this review, there are 12 known
.oc:currences of rare species or native plant communities in the area searched (for details, see enclosed database
printout and explanation of selected fields). However. based on the nature and location of the proposed proiect
I do not believe it will affect anv known occurrences of rare features.
.. '
.,
e ' Please note however, that the project site is within 81.l area identified as a Regionally Significant
. ~."
r ~ ' Ecological Area (RSEA): In 2003 theDNR Central Region;!n partnership with theIVrett:.o'p~Iit~
. .. I Council, conducted thiS landscape-seale'assessment of the seven-county metro. area that ide~t.ifi,ed
ecologically significant terrestrial and wetland &Teas. The mapping ofJ,tSEAs was done 1;lsing two
. primary data sources. The fIrst data source. was native plant communities mapped by the
Minnesota Co~nty B iological Survey. The remaining areas were derived using a modeling process
that predicts the likelihood that high quality native animal habitats exist in a contiguous area.
Shapeflles of the RSEAs are available on the DNR's data deli website at htto:/ldeli.dnr.state.mn.us .
(named "Twin Cities Metro Regionally Significant Ecological Areas"). To view pdf versions of
the fmal maps, refer to http://www.d.nr.state,nm.us/rseaJindex,html . If you would like help
interpreting the RSEA data, contact Hannah Texler, Regional Plant Ecologist for DNR' s Central
Region, at 651-772-7570 or hannab.tex.ler@dnr.state.mn.us,
The Natural Heritage database is maintained by the Natural Heritage and Nongame Research Program.
a unit within the Division of Ecological Services, Department of Natural Resources. It is continually updated as
new information becomes available, and is the most complete source of data on Minnesota's rare or otherwise
significant species. native plant communities, and other natural features. Its purpose is to foster better
understanding and protection of these features. '
Because 'our information is not based on a comprehensive inventory. there ~ay be rare or otherwise
significant natural features in the state that are nottepresented in the database.. A county-by:-colplty surv~y of
rare natural features is now underWay, aIid has been completed for Scott County; Our information about native .'
plant commUnities is. therefore;' quite "thorough.fot that county. However, because survey work for rare plan~
and animals is less exhaustive. and because there has not been an on-site survey of all areas of the county,
ecologically sigilificant features for which we have no records may exist on the project area.
DNR Infonnation: 651-296-6157 · 1-888-646-6367 . TrY: 651-296-5484 · 1-800-657-3929
An Equal Opportunity Employer ~ Printed on Recycled Paper Containing a
"', Minimum of I 0% Post-Consumer Waste
04/20/06 0~:17.,~ 656Q1HF ENGINEERING INC. ~003
,_. -_.- .-....
,
'.
The enclosed results of the database search are provided in two formats: index and full record. To
control the release of locational information, which might result in the damage or destrUction of a rare element,
both printout formats are copyrighted.
The index provides rare feature locations only to the nearest section, and may be reprinted, unaltered,
in an Environmental Assessment Worksheet, municipal natural resource plan, or report compiled by your
company for the project listed above. If you wish to reproduce the index for any other purpose, please .contact
me to request written permission. The full-record printout includes more detailed IDeational information,
and is for your personal use only. If you wish to reprint the full-recordprlntouts for any purpose, please
contact me to request written permission.
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. If you require further information on the environmental review process for other natural resource-
related issues, you may contact your Regional Environmental Assessment Ecologist, Wayne Barstad, at (651)
172-7940.
An invoice in the amount of $75.11 will be mailed to. you UJ?der separate cover within several weeks of
the date of wis letter. You are being billed for map and database search and staff scientist review. Thank you
for consulting us on this matter, and for your interest in preserving Minnesota's rare natural resources.
Sincerely, ~
.~
Sarah D. Hoffmann
Endangered Species Environmental Review Coordinator
enc1: Database search results
Rare Feature Database Print-Outs: AJJ. Explanation of Fields
10
, "'"
I-STATE TRUCKING CENTER "-
IN
Minnesota Natural Heritage Da~abase T115N R22W SECTION S, SCOTT COUNTY 11:03 Tuesday. FEBRUARY 07, 2006 1 '0
"-
Ele~ent Occurrence Records MnDNR. Natural Heritage and Nongame Research Program Copyright 2006 State .of Minnesota DNP. ,g
TWP RNG PRIMARY FED MN S RANK ELEMENT and OCCURRENCE NUMBER MllNAGED AREA
SECTION STATUS STATUS ,0
I~
T115N R22W 05 CIRSIUM HILLII (BILL'S THISTLE) 15 ...
spe ., .-..J
TUSN R22W 06 NON LAMPROPELTIS TRJ:1lNGULUM (MILK SNl\KE) <<18 I .
.'%:1
Tl1SN R22W 06 TaR LANJ:tJs LUDOVXCIJ\NtJS (LOGGElU1ElW SlIRIKEl #130 ,~
T115N R22w 06 SPC PITUOPBIS CATBNIFBR (GOPHER SNAKE) #13 !en
Tl16N R22W 31 TlIR BESSEYA BOLLI! (KITTEN-TAILS) #102 ...
T116N R22W 3:1 DRY PRAIRIE (CENTRALl SAflD-GRAVEL SUBTYPE #91 en
82 !~
T1l.6N 1t22W 32 END LAMPSILIS TERES (YELWN SANDSHBLL MUSSEL) #9 '(0
T116N R22W 32 MUSSEL SllMPLING SITE 1#136 ,en
T116N R221'1 32 NON SCAPK:I:llHYNCHUS PLATORYNC'HUS (SROVELNOSE STURGEON) #51 j-..J
T116N R22W 32 NON SCAPHIllHYNCHUS PLATORYNCHUS (SHOVELNOSE STURGEON) #70 ,
T116N R22W 33 SPC GALLINULA CHLOROPUS (COMMON MOORHEN) #20 I
T1l.6N R22W 33 SPC PI'l'UOPllIS CATENIFER (GOPHBR SNl\KE) #101
RECORDS. PRINTED .. 12 " I
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Minnesot~ Natural Heritage Database T115N 1U2\f SBC'l'ION S, SCOT'!' COUNTY 17:03 TUesday, PEBR~Y 07, 2006 1
Il) Element Occurrence Records MnDNR, Nlltural Heritage ~nd Nongame Research Program Copyright 2006 State of Minnesota DNR
c
c T115N R22W SHNW05 acon COt/N"rY, MN
~ lUement.: CIRsIDM HILL~r CRILL'S THISTLE) #5 Last. Observed Date: 24 July 1951 DNa Region: 6
State Status: SPECIAL CONCERN Wildlife Area: 60S
EO Size: BO Rllnk: CUrrent Status: Intended Status. Quad )lap: EDEN PRAIRtB CSl6el Forestry District: 613
. Site: SIfAICOPEE HISTORIC SITB CBs Site H: 6 Latitude: 44 48' S. Long: 93 29' 47.
Ownership: Owner unknown Prec.iaion: within 0.50 mile
Managed AreaCsl: not. managed or no record
Source: OWNBEY,G.B. &. OWNBEY,F. (1577) Voucher: (2/il56 MIN Verification: verified
tIWY J.Ol, J. MILE BAST OP SHAKO PEE, GROWING IN SOD ALoNG RAILROAIl RIGIlT-OP-WAY. YOUNG PLANT. (2 OOPS, "LATE PLOWBRING PLANT")
T11SN R22W 01120706 SCOTT COUNTY, MN
Element: LAMPROPELT.l:S TRI1lNGULtlM (MILX SNAKE) il18 Last Observed Date: 29 June 1~29 DNR Region: 6
State Status: No Legal Status Wildlife Area: 605
EO Size: ' EO Rank: CUrrent StatuB: Intended Status: Quad Map, SHAROPBE CS15D) Forestry District: 613
Site: SHAKOPEB Latit.ude: 44 47' 48" Long: 93 31' S"
Ownership: Owner unknown Precision: within one mile
Managed Area(s): not managed or no record
U Source: , Voucher: JPBM-183 Verification: Verified
Z ONE SPE~IMEN COLLECTED AT SRAkOPEE.
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f;€ T11SN R22H NWSE06 seOn COUNTY. MN
...... Element: LANIUS LUDOVICIANUS CLOGaERaEAO SHRIKE) 11130 Last Ohserved Date I 14 June 1994 DNR Region: 6
t'.!l State Status: THREATENED Wildlife Area: 60S
Z
r.z:l 20 Size: EO Rank: Cux-rent Status: Intended Status: Quad Map: SHl\KOPEE IS15D) Forestry District: 613
Sit.e: SHAKOPEE 6 Latitude: 44 47' 38" Long: 93 30' 25"
OWnership: Owner unknown PreciSion: within 0.25 mile, confirmed
Managed Area (s): not managed or no record
Source: lCRYC.Il, S. VOUcher: Verification: verified
"'SlnvB ....mG...,,. .n>> 3 """" "'" , -. """"""'" ON "" " IN 0," PA"""" """ SCA"""""" """ """". 0."""", U. 2 """"" "'" AT L....' 2 _"'" """" ......
OBSERVED. 1995: NO BIRDS OR NEST POUND ON 3 VISITS IN MAy &. JUNE BY M.E'l'TER DORING SHRIKE SURVEY.
t-,
co. T11SN R22W 01120706 SCOT'!' COON'l'Y, MN
CD Element: PITOOPHIS CATBNtFBR IGOPHER SNAKE) #13 Last Observed Date: 2S August 1932 ONR, Region: 6
C,
co. State Status: SPECIAL CONCERN Wildlife Area: 605
Il)
co EO SiZe: EO RanIc: CUrrent Status, Intended Status: Quad Map: SJrAl(OPEE [SlS0) Forestry District: 613
~ Site: SHAKOPBE Latitude, 44 47' 48" Long: 93 31' S.
Ownership: Owner unknown . Precision: ~ithin one mile
Managed Area{s): not managed or no record '"
00. Source: FISCHER, LEANDBR Voucher, JFBM-19 Verification: verified
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.. 1 SP:EClMEN COLLECTED AT BHAKOPEE.
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I:) Minnesota Natural Heritage Patabase 1.1 : 03 Tuesday, FlmRlJAAY O'J. 2006 2
I:) TUSH R22W SECTION 5, SCO'l"r COUNn
!SlI Element Occurrence Records MnDNR., Natural Heritage and Nongame Research Program Copyright 2006 State of Minnesota DNR
T1.1.6N 1l22W NWNW31 . HENNEi'IN COUN'l'Y, MN
E1ement: BESSBYA BOULtl lKITTEN-TArLS) 1102 Last Observed Date: 09 September 1996 DNR Region: 6
State StatUS: TflREATENED Wildlife Area: 61.0
EO Size: EO Rank: Current Status: Intended status: QUad Map: S1!AKOPES (S1.SD) Forestry District: 613
Site: RXLBY CREEK cas Site 3: 6 Latitude: 44 49' 'J" Long: 93 31' 4"
ownership: City (Other Lands; Precision: within 0.25 mile, confirmed
Managed Areals): not managed or no record
Source: DONEVITZ,H. It CORDES,J.(1.209) Voucher: MIN Verification: verified
......."'" R_ V>ILL'Y ""'"' ""'... '" .,.'" _. ... .....-S_ """'" .-m ..... .....,__X """'.... - DIlPOSl'tS. ... ."""'-"""'" ,""P"" '" ...-n...
_, """"'"'" "I" "'1"'" ""'" 50' COYER BY ...... Jmlll'SI<IlS vnmm_. """'" '" """'" '" ",p,a"""""" HCRR .-. ""SOCIA"" ...= =-, """
PBATBNSIS, EUPHCJRBIA ESUL!'., AN'rENNARIA 51'... MONARDA FISTULOSA. STIPA SPARTEA. 1\NOTl'lER t'A'l'CH OF pLANTS INSWSW SECTION 30, SIMIIJIR HAl>ITAT.
'T:L1.6111 R22W NWNWNW31. HENNEPIN COUNTY. MN
Element: DRY pRAnIE lCENTRALI SA;tID-GRAVBL SUB'l"iPB #91 Last ObserY'ed Date: 30 AUgust 1995 mm. Region: 6
S Rank: S2 Wildlife Area: 61.0
EO Size: EO Rank: C Current StatuS: Intended Status: Quad Map: SHAKOPEE (S1SD) Forestry District. 61.3
site: RILEY CREEK CBS Site #: 6 Latitudes 44 49' 5" Long: 93 31' 11."
U ownership: Private Precision:approlt. boundaries have been determined
Z
t-l Managed Areals): not managed or no record
t.-' Source, HAlffiIS,P. Ii WOVCHA,D. (CO BIOI. SURVEY 1995) Voucher' Verification: verified
Z ....... ..... ON S'tEBI'-,tIlEll """"'" ""'""" '" ."_,,,,,,_X """"'" """""" DIlPOSr" ,....InA ,ot"" ON N """" m? ""'" .- VALLEY. ""'." BY ~ .....
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Z nUN R2"2.W SESE32 HENNEPIN coUNT'l, MN
~ Element, LAMPSl:LIS 'rERES lYELLOW SANDSHELt. MUSSEL) 119 Last Observed Date: 22 August 1989 DNR Region: 6
State Status: END~ERED Wildlife Area: 61.0
EO Sl.:e: EO Rank: Current Status. Intended Status, Quad Mapl EDEN PRAIRIE (s1.6el Forestry District: 613
site: EDEN pRAIRIE 32 Latitude: 44 48' 18" Long: 93 28' 50.
ownership, owner unknown Precision: within 0.25 mile, confirmed
Managed J>.rea (sl: not managed or no record
Source: BRIGHT,a. [MUSSEL SURVEY OF MINNESOTA RIVERI Voucher: Verification: verified
i ""'" SPEC",""" om" ,,"'" .. Sl'tS "",,,,,,,.._ ., '" """ OR .... ... ..",..,. _ "'" . .. V..... RB""'" ,.."'''' -, .1.. 'H'" ~....... D' """,OS.,
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0'
co'
In Tl16N R22W SBSE32 HENNEPIN COUNTY, MN
co' Element: MUSSEL SAMPLING SITB 111.36 Last Observed Date: 22 August 1989 DNR Region: 6
~; Wildlife Area: 610
p:., EO Size: EO Rank: Current Status: Intended Status: Quad Map: EDEN p~IRIE (Sl6el Forestry District: 613
00 site: EDEN PRAIRIE 3:0 Latitude: 44 49' 19" Long: 93 29' 53.
.-l . Ownerehi-p: Owner unknown Precision: within 0.25 mile, confirmed
..
00 ' Managed Area (e): not managed Dr no record
0: Source: BRl:GHT, B. (MUSSEL SURVEY OF MINNESOTA RIVER). voucher. verific:ation:
;
.',,'"SS " "'_ .... _ .. ..... "" ..""'.. _ on .. R_ VALLSX ..""" ssron'" RD. T1MSIl S"""",' .'tW sPP, , """"""'" ....1""" """" ,"p, -
co PL'''''''- "",",slLlS ..... ...... """'..... _... """"""" ...""'. """"""" """"""",.."" ,"""", _IYB ..,."OS, .... """"', D"'" ..,."EB'
o.
"- AMBLEMA PLICATA, LEPTODEA i'RAGILIS.
0,
IN
"-
..,.
0
. .
I-STATS TRUCKING CENTER
l'- Manesota Natural Heritage Database TUSN R22W SECTION 5, SCOTT COON'rY 1.,: 03 TUesday, FEBRUARY 07, 2006 . 3
0 Blement Occurrence Records MnDNR. Natural Heritage and Nongame Research Program Copyright 200' State of Minnesota DNa
0
~ T116N' R22N 338BSB32 HENNEPIN' COtlN'I'Y, MN
Element: SCAPHIRHYNCHUS PLATORYNCHOS ISllOVEtNOSE SroRGEON) 1151- Last Observed Date, 25 August 1992 DNa Region: 6
St:ate Status', No Legal Status Wildlife Area: 610
EO Size: EO Rank: t:u=ent Status: :tntended Status: Quad Map: EDEN PRAIRIB (S16C) Forestry District: 613
Site: EDEN PRAIRIE 32 Latitude: 44 48' 25" Long: 93 2a' 55'
Ownership: oimer unknown Precision: Within 0.50 mile
Managed Area(s): not mana9'ed or no record
Source: MONR FISHERIES ,Voucher: Verification, sight or sound rec.
1 FISH S1IMPLED AT RIVER MILE 21..6-22.8.
TllfiN R22W SW32 HENNEPIN COUNTY, MN
Element: SCAPHIRK'lNCHUS PLATORYNCHOS (SHOVELNOSB STU\l.GEON) #70 Last Observed Date, 25 August 1992 DNR Region. 6
State Status: No Legal Status Wildlife Area: 610
EO Size: 1::0 Rank: Current Status: Intended Status: Quad Map: EDEN PRA:lRIE (S16C) Forestry District: 613
Site: EDEN PRAIRIE 32 Latitude: 44 48' 29" Long: 93 29' 44"
. Ownership: Owner unknown Precision: within 0.25 mile, confirmed
U Managed Areals): not managed or no record
Z Source: MONR FISHBRIES Voucher: Verification: sight or sound ree.
.....
~ ONE F:ISH SAMPLED WITH GILLNET AT RI.VER MILS 22 DURING STREAM SURVEY. LENGTH 653 MM, WEIGHT 816 G.
Z
.....
I:l:;
~ T1l6N R22W 33 HENNEPIN COUNTY, MN
.....
~ Blement: GALLINlJLA CHLOROPUS ICOMMON MOORHBN) #20 Last Observed Date: 14 June'1.991. DNR Region: 6
Z
r:Qj State Status: SPECIAL CONCERN Wildlife Area: 610
i EO Size: EO Rank: Current Status: Intended Status: Quad Map: EDEN PRAIRIE ISllie) Forestry District: 613
Site: PLYING CLOUD PRAIRIE CBS Site D. 5 Latitods: 44 48' 43" Long, 93 28' 8ft
Ot.Inerllhip: Owner unknown Precision: within 0.50 mile
Managed Area Is), not managed or no record
Souxe8' MOEN,S. (1991 BREEDING SURWY REPORT) Voucher: Verification: sight or sound r~c.
! BREEDING SEASON OBSERVATION. 1 BIRD OBSERVED FORAGING ON GRASS L1\KE.
.
l""-~
~
0); Tl16N R22W NENE33 ltENNEP:tN COUNTY, MN
0'
~ Element: PITUOPHIS CATElN'IFER (GOPHER SNAlCIl) #10l Last Observed Date: 24 September 1991 DNR Region, Ii
IQj
~ State Status: SPECIAL CONCERN Wildlife Area: 610
~i EO She: BO Rank:. Cu-rrent Status: Intended Status: Quad folap, EDEN PRAIRIE (Sl6CI Porestry District: 613
~. Site: FLYING CLOUD PRAIRIB CBS Site fh 5 Latitude: 44 49' '" Long. '3 27' 31"
! Ownership: owner unknown PreciSion: within 0.25 mile, confirmed
C)i Managed Area(s) : not: managed or no record
.-l:
Source: H1ILL,C., G.NORllQlJIST, J\ND S.sroCKER (CO aIOL SURVEY 1''') Voucher: Verification: verified
co' 1. JUVENILE BULLSNAKE WAS INJURED ON GRAVEL ROAD AND LATER DIED FROM INJURIES. Hl\BITAT ADJACENT TO ROAD filAS OPEN GRASSLAND, GRASS LAKE AND MIS/ RIVER TO THE
O.
i SOOTH. S1!IAKE MEASURED 41.5 !o1M SVL, 476 MM TaL. ,.
i
~
0
......
0
~I
.......
~
0
I
i
04<~~:0!.., O~: 19 ,F~ ,~.5~09~? _.. _ _.' _ .._~N9lNEERING INC.~ 008
Rare Features Database, Print..(Jlits~ An Explanation of FieldS.
, ,
. ,
The Rare Features database is part of the Natural tIeritage Inrormanon SystCIi:i.
an4 is inamtained by the Natural Heritage and N ongaine Research Program. '., ,'.,.. ,
. a unit within the Division of Ecological Services,
MiDnesot;a Dap~ent' of Naturil1 ResoUroes (PNR). . . .
**Please no'te .t1~at the {Jri'fz.t"out~ dte' copyrighteiI: and'7'1iiij. not h,e reptor!aced'without pl!t-mission **
, .' ' ,', ' I
Fi,eld Name: ~ull (n9n~abreviated)fi~ld name, if different]. Further explanation otneld.
-c- ' .. .'
CBS Site.: [Count;)' Biological Survey. site numo,er].. fu each county, the ;n~ber;ii).g system ~,egins with 1_ .
CLASS: . A code which classifies fea~es by br~a4 ta?'01l0mlC group; NC = natural oommunity; SA = sper;:ial anim,al; SF=
, . special plant,' OJ;>>' = geolbgic process; aT = geologic time; OT = other (e.g'"colonial waterbird co-low.es. b~ hibem~a), .
~ [County}. Minnesota counties (or~er.ed alphabetically) are nuxnbered frQII!: 1 {Ai.Uci,n) to 87 (Yellow Medicine).
CURRENT STATUS: Present protection status, from 0 (owner is not aware of record) to 9 (dedicated as. a Scientific and
Nll;tural Area).
-I.>~ . . .,' I
DNR Remon: l=NW, 2=NE;3=E Central, ,4=SW. S=SE, 6= MinneapoUs/St. Paul Metro.
DNR Ouad: [bNR Quadrangle coqe]. DNR-assigned code of the U.S. Geologic Survey topographic map ~n which the rare
feature occurs. . . . ,
. -E- , , , .
ELEMENTorElement SeeAElementN~(c.onimo:qN~e)@.,. " .
Element Name (Coimnon Name): The ~a.i:I;le ofthe.fare;teature~ F~tP~~t 8n,~ .a1species ~ecQrds, this field holds the. .'
scie~tific IiaIIlC"fO'llowe4 by1l!e coI)Jll'lCin. name in p<~eb.tbe$es; for a)1 oth~ 'elements:'(s~h as plan.t comixi.i.u:Ii*,s. w~cb. ba.v<<=.' .
no scientific name) it is solely the ~lement name., .' .' '.' .' '.' ' ,
E9 ~ :[EIQ~~nt,9~c1;1tt!mce R~). An ev.al~atioI;1 of th~ q,ua,lity ~d condition of natural cOIWDu~cl~.s' from A (hi~t) '.
to D Oowest). .' '. " .'" ,. . '. , . . . .r '
. EO S'lZe: @1em,ent Occlirrex"ce Size]: 'The size in ,~cres (often es~ated) of t,1atural coxfu,nuniti~ ' " .
',' ~F: a .... : ' ' . ';. '.; " " '; .' ..... " ' , .. '. .
'.. FED ST ATDS:, lYed,er8J. Sta~]. Status Qf specie~ u;n~~r ~e.'.Feder.al Endang~r~Speci~:~aw: r.p:;::endang~ect. . ,i .
LT7thtea,t~ned, C=spec~es w~~p ~ave,been prQPos,id for ft;:de;rallistmg,. . ' ;' ,. .'.. . . . ..
Federai StatUs: See APED ST ~ Tt1S@ . , " . .
Forestrv District; The Minnesota PNR.;:;~ Diovijion. ofFt;>re~try district numb~. . . .
'. '. .. . . ....
-G- . ,
GLOBAL RANK: 'The at,iundance. of an element globally., froin <;J 1 (critically imperiled duC?ta extr~ rari.ty O.T;U world-wide
'basis) to OS (demonstrably secure~ though'perhaps rare in parts' of its range). Global ranks are detennined by theCon~ervatiol! .
Science Djvision at 'rhe Nature Cpnservancy. ; ~ '.
-1- . . . . . . '
INTENDED STATUS: Desired protection status. See !1lso Acu.RRENT STA.TUS..@ If a coinplet~.li$t.ofprotec!ion status.
codes is needed; piease eoptact the Natural Herit.ag~ Program,. " . . .
-Lo
LAST OBSERVED pr Last Observed Date or'Last Observation: Date of the most recent recotd of the element at the location.
Latitude: The location '~t which the occurrence is mapped on Natural He6tage Program maps. ~O~: rhere are various .
levels of precision in the original information, but this is not refle'Cted in tb.~ latitudellongitude daJa. For some of the data,
particularly historical records, it wa~ not possipl~ t,O. deJ;ernlln~'~xactIt wh~i:e the QJ;iginal obs~ation w.l1-s'mad~ (.e.g. nport
Snelling", or ~the s01,.ith shore of Lake Owasso!'). Thus die latitudellongitude refleo.t the mapped location, and not qecessarily
the observjl.tion location. ' .
Legal: Township. range and 'section numbers.
Lone::. [Longitude]': See NOTE under AL~titude@
-M- " ..
MANAGED AREAot Managed Area(s): Nan;e pfthe federally, state, locally, or privately rnBn;aged park, forest, preserve, etc.,
contairung the occurrence, if any. If ~ field is bfank, the element probably occut~ oh private land. if "(stATutORY
BOUNDARY)" occurs after the name. of a managed area, the location may be a private inholding within the statutory boundary
of a sta~e forest ot park. '
Map Svm: [Map Syri:rbolJ. . , ' '. '.'
MN STATUS.: [Mioneso'~ S~tus]. Legal status of plant anq animal species under the Mmnesota eJ;ldangered species law:
04/20/06 08:20 FAX 6560967 _ ,_,_ ,_ ,.Jj;NGlNEERING INC. ~OO9
-' ..' _. ._~ - .- ..- - - -. -
.
!
. ,
END~endangere4r THR='lhrea.tetled) SP.O=~~i~' aontern; NON==nct leg!ll statUS, but fta~kecL This fiel~ is blank for natural
corommuties and. colonial waterbird nesting sites, which ha.ve no. legal status in Minnesota, but are tracked by the database.
.N. ,
NC Rank: [Natural Commuclty ~J;
.0- .
Oeo #: IOccui:renceN~berJ. The occurre~ce number. ip. combination with the element name, uniquely iden~es each r~d.
OCCURRENCE NUMBER: ~ee AOco"#@ . .,' .
. # OF OCCURS: The 'number Gf records exillten~ in the 'databas~ for each el~ment within tb,e'l;!'e.a sem:.cbed.
Ownershi,p: Indicates ~hether the ~te is publicly or privately owned; for publicly owned land, the agency with management
responsibility is l,is.:ted., " ,
-p- ' .
Precision: Precision of locational infonna~on of occurrence: C (con:fiqned)' = known Wi~ 1/4 mile radius. U (unconfirmed) ::II
known y..ithin 1/2 mile, N (ncin~~pecific) = ~OWil within 1 mile, (j (general) =, occurs within the general region. ~
(umnappable)=location is unmappable qn USGS tbpographic quadtangles (often knoWD o:i1ly to the nearest county), 0 ,
(obscurelgone)=element no longer exists at the location. . ,
ps: [Prim11TY Section]. The section cont~g all or the greatest part of the occurrence. .
Q , , ' . , .
. -
-.
Quad Map; See ADNR Quad@ ,
.R- .
Rec #: {Record number}. ..
"
RNG or RIi.g;' I:RBnge number}. ,
.s-
SECTION or Section: [Section number(s)]. . Some records are giye;1 only to the near~t section (s), but m.o~ are ~v~D. to the '"
nearest quarter-~ction or qu;uter-q1lllrter-sectiQll (e.g., SWNW32 denotes the SW114 of the ;NWil4 of sel;tion32). A "0" ~sl :;,
used as a place bolder wheIi,~ hal~sectiot1 is specified (e.g., ON03 refers to the nqrth 112 9fsectioii 3.)'. Wlien,a occUrrence, . ..
crosses seCtlon b'ou:ridime~botii sections are listed, without punctuatio~ (e,g:, the NE1I4 'Of sectioil19 and NWl/4'of Section 20'.. ,
is displayed as.ANE19NW20")., ' . :' . . . . , - . .: '.' . '.!
Site: A nlillle which referS' to the geoE;rapbie, ~ei 'Within w~ch the otciirtence'!ies. If nO name for tM !!iea emts, (a loca1ly used.
name,.ror e'l'ample), one is.assigned by the Co~ty ~iologiclll SUrvey or th~ Nat1i1'allIeritage Program. '. ,
S"ource: ~e collector or observer 'of the rare .feattite ~cCtuTence. ., . .: ! .
S RAliK: [State Rank]. A rank assigned to the natur~ comm~nity type whidi. refl~ts the known. ex.tent and condition of that .
communitY in MiIlnes6U.. R.a01cs radge !rapt i (ift greatest neeq: of conservatioil action in the state) to 5 (secure imd6rpresent. ~
conditions): A "?" following a rank indicates little information is available tq rank the community. 'Cbnmiunities for wmch :'
information is especially scarc;:e are given R:"U", for Arank undetermi'Qed@. The ranks do-not ~epresetit a legal statu$.' They ate'
used by the Minnesota Department of Natural Resci\lit:es tel set priotiueS for researcIi, inventory and conservaijon p1anning. ' . '..
The state ranks are updated as'inventor)' infonpation "eeomes available. .. " ' :
.s~te status: See AMN srfAtus@ ." , .' " ' .' . '
.T-
TWe oJ'~: [Township number].
.v- . ' .
'Verifkation: A reflection of the reliability Qf the information on whicH the record is based. Th.ehigheSt level of reliability is'
"verified," which usually indicates a collectio.n W3$ made or. in the ca:se ofbitd record's', nesting was obserVed. Pl~nt feeotc1's
based on collection~ made before 1~70 are unverified. '
Voucher: The museuril or herbarium wbere specimens are maintained, and. the acce!!sfon number' l1l;sigri.ed by the repbsitbi'y. Ii1
the c~e ,of bald eagles. thi~ is.the,breeding area number, .
.w-
Wildlife Area: The Minnesota DNR=s Division of Wildlife adtnini~trll.tiVe number.
. -0- .. . '. " . -. '... . .
Data Security . , "
LocatiollS of some rare features must be treated lIli sensitive infOrmation because widespread knowledge of f:h7se locations pould result iu baxrI'I to tho rare
featl1l'es. Por example. wildflowers such as orchi~ md economically valuable plants such as ginseng an! vuiuex'able to exp1oitan.l?u by eoUcctas; o~ specie&, .
such as bald eagles, arc sellSitive Ie diswbance by obsc:lVetS. P;or this reasOI;!, we prefc;r that publications not identify the precise locatit;lDS of vulnerable species. .
We suggest de$qibing the location only to the llearest sec!ion. . If this is nnt acceptable for your purposes, pleaSe call aud diScuss this i~sue with the ' . '
Environmental Review Speciali$t for the Natural Heritage and Nongame Research Program at 65112.96-7863. . ,,' .
Ra;,ISW 9 f 2001
.
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l'lOlSe l'leWSrOr weeK or November :lIS, lYYY Page 1 of 1
Noise News for Week of November 28, 1999
........-.-..............................................:................................................................................................................................................................................v................~..............-................................................~....................................................................................................~.........................~...............................................................................~.............
Subdivision Residents in Western Chicago Are Irritated By Noisy Trucking Operation
that Moved In Ne~rby
PUBLICATION: Chicago Daily Herald
DATE: December 4, 1999
SECTION: News; Pg. 1
BYLINE: Robert Mccoppin
DATELINE: Chicago, Dlinois
The Chicago Daily Herald reports that residents of a western Chicago subdivision are irritated that a
trucking operation moved in next door where before there was only a cornfield. County officials hired
sound engineers to test noise from the site, and found that the business was not meeting noise limits. The
matter is now in court, and the business owners note that they have already spent $30,000 on a gravel lot
and fence to move trucks away from residents.
The article reports that residents of a western Chicago subdivision are initated that a trucking operation
moved in next door where before there was only a cornfield. Residents say the noise is substantial, but
the business owners note that they have already spent $30,000 on a gravel lot and fence to move trucks
away from residents. The owners also say they are willing to split the cost of a $50,000 wound barrier
with the subdivision.
The article notes that the business was built on county land that was zones industrial, although it borders
residential city land. County officials hired sound engineers to test noise from the site, and found that the
business was not meeting noise limits. The matter is now in court.
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NPC Noise News
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http://www.nonoise.orglnews/1999/nov28.htm 3/30/2006
Lmcoln TownshIp {Wls.)hxpenence Wlm wma power lAWhu.orgj l'age 1 or u
Excerpts from the Final Report of the Township of
Lincoln Wind Turbine Moratorium Committee
[prepared by Elise Bittner-Mackin for presentation to the Bureau County, Illinois, Zoning
Board of Appeals regarding the 54.5-MW 33-turbine Crescent Ridge wind facility proposed
for Indiantown and Milo by Stefan Noe (Illinois Wind Energy)]
After the wind turbines went online in Kewaunee County, Wisconsin, the Lincoln
Township Board of Supervisors approved a moratorium on new turbine construction. The
purpose of the moratorium was to delay new construction of wind turbines for eighteen
months, giving the township the opportunity to assess the impacts of the 22 turbines
installed by Wisconsin Public Service Corporation (WPSC) and Madison Gas and Electric
(MG&E), which went online in June 1999.
The following document summarizes some of the problems the Moratorium Committee
faced in trying to address problems the township hadn't faced prior to turbine construction
and some of the resulting changes the committee proposed as a result ofits study.
Verification of this information can be obtained from Lincoln Township officials.
Agenda. The Moratorium Committee met 39 times between January 17,2000, and January
20,2002, to (1) study the impact of wind factories on land, (2) study the impact on
residents, and (3) review conditional use permits used to build two existing wind factories
in Lincoln Township.
Survey. The committee conducted a survey on the perceived impacts of the wind turbines
that was sent out to all property owners residing in the township. Each household received
one vote. The results were presented on July 2, 2001, to the town board, two years after the
wind factory construction.
Question: Are any of the following wind turbine issues currently causing problems in your
household?
residents w/i 800 ft. - 1/4 mi. 1/4 mi. -1/2 mi.
a. Shadows from the blades 33% yes 41 % yes
Here are additional write-in comments from the survey:
. We get a 'strobe effect' throughout our house and over our entire property (40 acres).
. Shadows are cast over the ground and affect my balance.
. We installed vertical blinds but still have some problems.
. They catch my eye and I look at them instead of the road. They are dangerous.
. Strobe light, headaches, sick to the stomach, can't shut everything up enough to stop
the strobe coming into the house.
file://E:\Documents and Settings\Jeff\My Documents\Lincoln Township (Wis.,) Experienc... 4/20/2006
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An additional comment from Lincoln Township Supervisor John Yunk:
. The strobing effect is so terrible that turbines should not be any closer than 1 mile
from schools, roads and residences ... They should never be set on East-West.
Dr. Jay Pettegrew, researcher, neurologist, and professor for the University of Pittsburgh,
testified before the Bureau County Zoning Board of Appeals that strobe effect could cause
drivers to have seizures, which could result in fatal traffic accidents. At the very least,
drivers could become disoriented and confused, he said. He testified that the turbine spacing
(sited on top of hills instead of in a single field in orderly rows) would increase the
likelihood of seizures.
It is important to note that according to Lincoln Township Chairperson Arlin Monfils, the
wind developers publicly stated that strobe and shadow effect would not occur once the
turbines were operating. In reality, strobe and shadow effects were problem enough that
residents vehemently complained and the power company anted up for awnings, window
treatment blinds and small trees to block the light at certain times of the day. Strobe and
shadow effects take place for about 40 minutes during sunrise or sunset if the angle of the
sun and the light intensity create the right conditions. Mr. Jeff Peacock, Bureau County
highway engineer, has recommended denying permits for 8 turbines due to safety concerns,
including strobe effect.
Diane Heling, whose property is adjacent to the WPSC turbines, saidthe utility purchased
blinds for her home, but especially in the spring and fall when there are no leaves on the
trees, the strobing is at its worst in her home. It's like a constant camera-flashing in the
house. I can't stand to be in the room, Mrs. Heling said. Her neighbor, Linda Yunk, whose
property is adjacent to the WPSC turbines, describes the strobe effect as unsettling. It's like
somebody turning something on and off, on and off, on and off ... It's not a small thing
when it happens in your house and when it affects your quality of life to that extent, Mrs.
Yunk said.
residents w/i 800 ft. - 1/4 mi. 1/4 mi. -1/2 mi.
b. TV reception 33% yes 37% yes
Additional write-in comments from survey:
. Ever since they went up our reception is bad.
. At times you can see shadowing on the TV that imitates the blades' moves, also poor
reception.
. Minimum of 50' antenna tower proposed but no guarantee that would be high enough.
Such a tower is unacceptable.
. At times we get black and white TV. Two channels come in hazy!!
residents w/i 800 ft. -1/4 mi. 1/4 mi. - 1/2 mi.
c. Blinking lights from on top of the towers 9% yes 15% yes
Additional write-in comments from survey:
file:/ /E:\Documents and Settings\Jeff\My Documents\Lincoln. Township (Wis.J Experienc... 4/20/2006
LmCOln 10wnsmp t WIS.) hxpenence wnn wma .Yower LAWhU.orgJ Page j ot U
· Blinking red lights disrupt the night sky. They make it seem like we're living in a city
or near a factory.
. At night it is very irritating because they flash in the windows.
. We have to keep drapes closed at night.
. Looks like a circus, live in the country for peace and quiet.
residents w/i 800 ft. - 1/4 mi. 1/4 mi. - 1/2 mi.
d Noise 44% yes 52% yes
Additional write-in comments from survey:
. Sounds like a gravel pit crushing rock nearby.
. Sometimes so loud it makes it seem like we live in an industrial park. The noise
dominates the 'sound scape.' It's very unsettling/disturbing especially since it had been
so peaceful here. It is an ongoing source of irritation. Can be heard throughout our
house even with all the windows and doors closed.
. The noise can make it impossible to fall asleep. It makes an uneven pitch not like the
white noise of a fan. Can be heard through closed windows making it hard to fall
asleep anytime of the year.
. You can hear them at times as far as two miles away.
. It is the annoyance of never having a quiet evening outdoors. When the blades
occasionally stop it's like pressure being removed from my ears. You actually hear
the quiet, which is a relief.
The most illustrative description of turbine noise was that of reverberating bass notes from a
neighbor's stereo that penetrate the walls and windows of a home. Now imagine having no
recourse for asking anyone to turn down that noise, whether it's during the day or in the
middle of the night.
As the result of so many noise complaints, The Moratorium Committee ordered WPS to
conduct a noise study. However, residents are still upset that the study was inadequate in
that it measured decibel levels for only one to five days per season, sometimes only for a
few minutes at some sites, and included days when rain and high winds blotted out the noise
from the turbines. In addition, many measurements were taken when the turbines were not
running. WPSC claimed it did not have the fimds for a more comprehensive study,
according to resident Mike Washechek, whose home is victim to some of the worst noise
caused by the turbines, due to its location downhill and downwind from the WPSC turbines.
Nonetheless, the study established that the turbines added 5-20 dB(A) to the ambient sound.
A 10-dB increase is perceived as a doubling of noise level. As soon as the noise study was
published in 2001, WPS conceded that these homes were rendered uninhabitable by the
noise of the turbines and made buyout offers for the neigboring homes (see below).
e. Other problems -- lightning
On the survey, several residents showed concern over the perceived problem of increased
lightning strikes in the area.
file://E:\Documents and Settings\Jeff\My Documents\Lincoln Township (Wis-> Experienc... 4/20/2006
LmCOln 10wnsmp t WIS.) bxpenence WIID wma J:'ower LA W bU.orgJ J:'age 4 ot 13
,
Additional write-in comments from survey:
. ... . bring lightning strikes closer to our home.
· More concern over seeing more lightning than in the past -- before generators were
erected.
According to Township Chairperson Monfils, the wind developers declared prior to
construction that lightning would not affect the turbines; however, lightning later struck and
broke a blade that had to be replaced.
In addition, Mrs. Y unk said that one month after the turbines went online, in July 1999, a
lightning and thunderstorm sent enough electricity through the power grid that Mrs. Yunk
and Mrs.. Heling both lost their computers to what the service technician called a fried
electrical system -- even though both computers were surge protected. The reason that Mrs.
Y unk attributes the electrical surge to . lightning striking a turbine on that particular night is
that on the night ofthe storm, her relative, Joseph Yunk, whose television set was also fried
that same evening, reported seeing lightning move from one of the turbines along the power
grid to the nearby homes, which is a common occurrence with wind factories since nearby
strikes to either turbines, external power systems, or the ground can send several tens of
kilovolts along telephone and power lines. Replacements for the computers and television
were paid by the residents.
e. Other problems -- traffic
On the survey, several residents showed concern over hazardous traffic conditions during
and after construction of the turbines.
Additional write-in comments from survey:
. People driving and stopping.
. While they were being installed the destroying of the roads, noise, and extra traffic
have been negative.
. More traffic and have to back out of driveways (live on hill, hard to see).
. More traffic. I used to feel safe walking or riding bike.
In addition, Mrs. Yunk said that especially when the turbines first went up, other drivers
would be looking up at them and they would dead stop in front of you. She said she
narrowly avoided colliding with a car that had stopped abruptly in front of her.
Question: In the last year, have you been awakened by sound coming from the wind
turbines?
residents w/i 800 ft. - 1/4 mi. 1/4 mi. - 1/2 mi.
67% yes 35% yes
Additional write-in comments from survey:
. Enough to go to the doctor because I need sleeping pills. Sometimes it absolutely
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drives you 'nuts.'
. I wake up with headaches every morning because of noise. Causes me to have very
restless sleep at night!
. We have no way of knowing long-term effects. Growing concerns with stray voltage
and its effect on health. We've had frequent headaches, which we didn't have before.
Especially in the morning, after sleeping at night. We need answers!
. Not awakened but found it hard to fall asleep!!!
Question: How close to the wind turbines would you consider buying or building a home?
The results for all survey respondents in the study, including those living over 2 miles away
are as follows:
. 61 % would not build or buy within 1/2 mile of turbines
. 41 % would have to be 2 or more miles away from turbines in order for them to build
or buy
. 74% would not build or buy within 1/4 mile of turbines
These are people who know fust-hand about the problems caused by the wind factories.
They have lived with the turbines for three years. Again, 74% responded that they would
not build or buy within 1/4 mile of turbines. Common sense dictates that if a 38-story
skyscraper is built next to any home and it obstructs the view, that home would not be as
valuable on the market as an equivalent home sited away from such an obstruction.
Common sense also dictates that if the skyscraper had moving parts that contribute to or
have the potential to contribute to blinking lights, strobing, noise, stray voltage, ice throws~
and health problems, that home would not be as valuable as it had been previously. The
above numbers from Lincoln Township corroborate that common sense.
Additional write-in comments from surveys:
. Ugly, would not buy in this area again.
. 25+ miles. They can been seen from this distance.
. Would never consider it. Plan on moving if we can sell our house.
. Nowhere near them never ever!! Not for a million dollars.
A sampling of some of the overall write-in comments from the survey is as follows:
. I live approximately 1 1/2 miles from the windmills. On a quiet night with the right
wind direction, I can hear the windmill noise. People living within a 1/4 mile should
probably be compensated for the noise and the nuisance.
. The noise, flashing lights, interrupted TV reception~ strobe effect~ and possible effect
of stray voltage has created a level of stress and anxiety in our lives that was not
present before the turbines' installation. From the beginning there has been a lack of
honesty and responsibility.
. Let other counties or communities be the guinea pigs with the long-term effects or
disadvantages of having the windmills. All the landowners who put the windmills up
have them on property away from their own homes but on the fence lines and land
near all other homeowners.
. Our whole family has been affected. My husband just went to the doctor because of
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his stomach. He hates them. We have fights all the time about them. It's terrible. Why
did you put them so close to our new home and expect us to live a nonnallife? If it
isn't the shadows it's the damn noise. The only people that think they are so great and
wonderful are those who really don't know.
· When we were dating back in the 1970's we always said that someday we were going
to build a home here. It was great and then you guys did this ... This should have'
never happened. If only you would have taken the time and study this more.
Everyone was thinking about themselves and money. No one cared about anything
else.
WPSC's buyout offer. During the two years of the Moratorium Committee work,
Wisconsin Public Service Corporation made offers to buy houses and property to six
property owners around the WPSC wind factory site. Offers were made to property owners
who vocalized complaints about the wind factory's effects on their quality of life after
construction. According to Lincoln Township Supervisor John Yunk, some of these
residents were identified on the Noise Complaint Log record kept by the township. Over 90
complaints were logged in one year.
According to. the Moratorium Committee report, WPSC publicly stated the buyout was to
establish a buffer zone around the wind factory. The Noise Complaint Log was
discontinued by WPSC after the buyout offer.
According to the Moratorium Committee report, WPSC's intention was to bulldoze the
houses and subsequently keep the property from being developed for rural residences.
Owners were allowed only one month to consider the offer.
According to the Moratorium Committee report, This tactic did not sit well with the
Committee. In response the Committee drafted and approved a resolution condemning the
WPSC ploy, and requesting that WPSC meet with the town board to develop a better
solution for the township.
WPSC officials met with the town board and concerned citizens at the August 6, 2001,
regular board meeting, reiterated their policy to purchase property and destroy the homes,
and stated that they had no intention of meeting with the town board or changing their
policies at the request of the town board.
Mrs. Heling was offered the buyout, but she said she and her family were allowed only one
month to make the decision and only six months to move. In addition, the buyout offer was
based solely on an appraisal by someone hired by WPSC. Mrs. Heling said WPSC refused
to consider independent appraisals. Mrs. Heling said she couldn't obtain another property
within.six months, so she and her family rejected the buyout.
. The Gabriel household was set back 1,000 feet from the nearest turbine. The family
took the buyout. The county no longer receives property taxes on that razed
homestead. The family no longer lives in the area.
. The Kostichka household was set back 1,200 feet from the nearest turbine. The
family took the buyout. The county no longer receives property taxes on that razed
homestead. The family no longer lives in the area.
. Four remaining homeowners are suing WPSC.
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The most recent development is that one homeowner contacted Township Supervisor Yunk
during the week of September 11,2002, and asked what the process would be to request
MG&E to buyout her home. She said she has a new baby and two other young children and
that she does not want to live in her house any longer because she is too scared about the
effects on her family by electronic radiation, stray voltage, and other electricity associated
with the turbines.
Property values. The following information will directly refute the Market Analysis:
Crescent Ridge Project, Indiantown & Milo Townships, Bureau County, Illinois report
submitted by Michael Crowley to this board.
Mr. Crowley, a paid consultant to the Crescent Ridge developers, alleges in his report that
property values won't be.affected in Bureau County, based on his.analysis, in part, of
property values in Kewaunee County.
However, Town of Lincoln zoning administrator Joe Jerabek compiled a list of properties
that have been sold in the township and their selling prices. The list compared the
properties' selling prices as a function of the distance to the wind factories, using real estate
transfer returns and the year 2001 assessment roll. Conclusions were as follows:,
· Sales within 1 mile of the windmills prior to their construction were 104 percent of,'
the assesse,d..:valu~,..andRr,oRyrties selling in the same area after construction were at
78 percent, a decrease of 26 points,
· Sales more than 1 mile away prior to construction were 105 percent of the assessed,
values, and. sales of properties 1 mile or more after the construction of the turbines
declined to 87 percent of the assessed value, an 18 point decline.
Furthermore, not taken into account in Mr. Jerabek's conclusion are the homes that were
bought out and bulldozed by WPSC.
Also not taken into account is the fact that of the homes that sold within one mile of the
turbines since their construction, four of them were owned within the Pelnar family as the
family members shuffled houses. One brother sold to another brother. One brother
purchased his father's home. The father built a new home. And a sister purchased land from
one brother and built a home. It is important to note that two of the family members are
turbine owners themselves.
Subsequent to the zoning administrator's report, homes have gone on the market that are
still for sale.
. 1 home, sited across the road from the wind factory, was constructed after the
turbines were built and has been on the market for over 2 years.
. 2 homeowners adjacent to the turbines are contemplating selling to WPSC, which
may bulldoze the homes, according to neighbor Scott Sroka.
. 1 homeowner is in the process offmding out ifMG&E will buyout her home.
. 1 homeowner, Mrs. Heling, who previously was offered the WPSC buyout, said she
would sell if she thought she could get fair value for her home and if it would sell
quickly enough that she wouldn't be paying on two properties at once. She said she
doesn't believe that can happen, so she has not put up her home for sale.
. 1 homeowner, Mrs. Yunk,who lives across from the WPSC turbines, said she and her
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husband have decided that after having lived in their home for 28 years, they will be
putting it up for sale to move to property farther away from the turbines. She said
they are worried about selling their current property because of its proximity to the
turbines. They will have to fmd a buyer who doesn't mind the turbines, she said.
Stray voltage. Another issue addressed by the Moratorium Committee is that of stray
voltage and earth-current problems that may be exacerbated by the wind factories. This
issue was brought to the attention of the Lincoln Town Board by the committee and
concerned residents. An ordinance was passed by the Town Board to study the potential
effects and to declare a moratorium on any further turbine development. The Committee
agreed that any study of earth currents and stray voltage issues must include an analysis of
the distribution system, analysis of the wiring from the utility's grid to the wind turbines,
and an analysis of the grounding system used for the wind turbines. They also drafted a
request for proposals to identify an expert that could help pinpoint the issues surrounding
stray voltage and earth currents. The issue has yet to be resolved.
In the meantime, fanners and their livestock in Lincoln Township have been suffering.
There are over four fanns that are battling -- among other problems -- herd decline due to
diseases that were not present in the herds prior to turbine construction, but are present now,
according to fanner Scott Srnka. These problems are not limited to nonparticipating
leaseholders. Fanns with turbines have been affected as well, as evidenced by the trucks,
which have grown more and more frequent, hauling away animal carcasses, Mr. Srnka said.
Mr. Srnka is a former supporter of the WPSC wind power project that is across the road
from his family fann. His dairy herd is about 175 cows on 800 acres ofland. Mr. Srnka
said, Thirteen turbines were proposed for my land, but we decided to wait. Thank goodness
we did or we'd be out of farming.
Mr. Srnka has traced the decline of milk production and increase of cancer and deformities
in his formerly award-winning herd to an increase of electrical pollution on his farm after
turbine construction. He also has seen the same chronic symptoms that are in his herd in his
family.
Animal health problems in the Srnkas' formerly award-winning herd include cancer deaths,
ringworm, mange, lice, parasites, cows not calving properly, dehydration, mutations such as
no eyeballs or tails, cows holding pregnancy only 1 to 2 weeks and then aborting, blood
from nostrils, black and white hair coats turning brown, mastitis,. kidney and liver failure.
Within a few months in the fIrst year after the turbines were erected, 8 cows died of cancer.
No previous cases of cancer were detected ever before in the Srnka herd, which is a closed
herd, according to Mr. Srnka.
Mr. Srnka also detected a change in well water on his property, and there has been a definite
change in taste, he said, which has contributed to the decrease in water consumption by his
herd. In the past his cows consumed 30 gallons of water a day, but that figure declined to 18
to 22 gallons of water a day after turbine construction. As a result, cows became dehydrated
and terminally ill.
At the time of his testimony before the Bureau County Zoning Board of Appeals in
October, Mr. Srnka said he had spent upwards of $50,000 of his own money to try to
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remedy the electrical pollution in his home and on his fann. Mr. Srnka stated that in his
opinion, there were three other fanns in the area facing enough problems with their herds in
the aftermath of the turbines going online that those three farms are almost ready to sell out.
The ZBA members saw a brief unedited video interview with Mr. Srnka in his dairy barn,
taken this spring. In it there were some of the cows in his herd and Mr. Srnka talking about
some of the rewiring that he has had to install to try to combat problems of electrical
pollution. Mr. Srnka said that he has had to resort to insulating the fann through electrical
wiring to put his farm, in effect, on what he calls its own island.
Dr. Pettegrew, testifying before the Bureau County Zoning Board of Appeals, said he would
be remiss as a doctor ifhe didn't tell the board that he thought the weaknesses and illness he
saw in the cows in the video were most likely caused byEMFs or electrical pollution. Dr.
Pettegrew also said the risk would be greater in Indiantown and Milo for animals and
humans to become ill than in Wisconsin because the proposed turbines would be taller and
would produce more electricity.
Mr. Srnka and neighbors report serious health effects on not just dairy cows. Health
problems in residents include
. sleep loss
. diarrhea
. headaches
. frequent urination
. 4 to 5 menstrual periods per month
. bloody noses: Mr. Srnka had cows bleed to death from uncontrollable bleeding from
the nostrils
. inability to conceive
Sometimes even short-term visitors to the farms or homes contract the symptoms, including
construction workers on the Srnka property who broke out in nosebleeds after only a few
hours. One of the workers left and refused to return.
The Srnkas are so concerned with health effects that they aren't going to have kids anymore
because we're so afraid.
Representatives of WPSC have denied that there are stray voltage or earth currents affecting
Mr. Srnka's family or livestock and will not compensate him for his family health bills,
electrical system upgrades, loss of herd or decrease in milk production.
How did the situation become so grave when wind factory developers swore there would be
no problems?
Even if a wind developer may claim that the wind factories, substations and power grids
will not contribute to stray voltage or electrical pollution because (1) insulated cable will be
used, (2) all cable will be buried several feet beneath the surface, and (3) cables are laid in
thick beds of sand -- these statements should be viewed with suspicion because of poor
project track records, according to Larry Neubauer, a master electrician with Concept
Electric in Appleton, Wisconsin. Mr. Neubauer, who has customers who are dairy
producers, homeowners with stray voltage problems, and farmers with turbines on their
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property, said that currents from each ground on the cables and project substations, as well
as the, regional transmission lines that receive electrical energy and that are electrically tied
together, do not harmlessly dissipate into the soil. Energy disperses in aU directions through
the soil and these currents seek out other grounded facilities, such as barns, mobile homes
and nearby residences. Only in California is it illegal to use the ground as an electricity
conductor. In the rest of the country, including Wisconsin and Illinois, power companies are
allowed to dump currents into the ground, according to Mr. Neubauer.
Residential properties that are in a direct line between substations and the ground conduits
are particularly at high risk since electricity takes the path of least resistance. Mr. Neubauer
said that burying the cables, as the Illinois Wind Energy project intends to do, makes it
worse, citing the short lifespans of buried cables, frosts that wreak havoc on the cables, and
the problems of locating trouble spots that cannot be seen without digging up the cables.
Two of Mr. Neubauer's clients, who were interviewed in October, are dairy fanners who
have spent over $250,000 and $300,000 trying to rewire their farms to reduce stray voltage.
That cost does not included herd loss or losses from diminished milk production. Mr. Russ
Allen owns 550 dairy cows in DePere, Wisconsin. His farm is in a direct line between
nearby WPSC turbines and a substation. Mr. Russ said he was losing one or two cows a day
during the three years prior to his installing electrical equipment to help reduce currents on
his fann. About 600 cows died, he said. Mr. Russ said he has so much electrical current on
his farm that he laid a No.4 copper wire around his farm for 5,000 feet. The wire is not
attached to any building or additional wires; yet it can light up a lightbulb from contact with
the soil alone. Mr. Russ has scheduled a media day on October 24 to draw awareness to the
problems of stray voltage and he said to encourage everyone in Bureau County to attend.
What scares me more is that I know... they're pumping current through people. They're
pumping current through kids, Mr. Allen said.
It is important to note that Mr. Noe and his electrical engineer, Mr. Pasley, deny that there
will ever be EMFs or stray voltage resulting from the proposed IndiantownlMilo turbines.
Just as WPSC has dismissed any problems in the face of mounting evidence, Mr. Noe
testified that he will never implement electrical pollution studies and that he thinks they
would be a waste of money.
Moratorium Committee findings. As a result of the aforementioned concerns and
problems with wind factories in Lincoln Township, the Moratorium Committee
recommended, in brief, the following changes from the original conditional use permit:
. Insurance. The town is named as an additional insured and the town is held hannless
in any litigation.
. Fees. Wind developers pay for all costs associated with the permitting process,
including hearing costs plus attorney fees -- up front.
. Wells. Residents' wells are protected against damage from any type of foundation
construction, not only blasting, within a I-mile radius of each turbine. This includes
the requirement that wind developers will pay for independent testing of wells within
1 mile of the project for flow rate and water quality. Developers also must pay for
remediation and fix problems within 30 days of complaints.
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. TV reception. Wind developers will pay for testing of television reception prior to
construction and pay to correct degradation of TV signals. Wind developers will
expand the potential problem area to a I-mile radius for all complaints -- period.
Despite claims that television reception would not be affected, the wind factory
developers in Lincoln Township had to pay for power boosters and reception
equipment to counteract the effects of the turbines. The residents also had to fight
with the utilities when an additional local station was added and the utilities refused
to pay for any more TV reception improvements for the duration of the 30-year
turbine contract. Residents had to fight to get the power company to add the station.
Three years later, residents are still unhappy about how the turbines continue to
interfere with their reception, in many cases observable in unclear stations and in the
color flashes that coincide with the turning of the blades, according to Mrs. Heling.
. Noise. 50 decibels for noise is too great. Noise shall not exceed 40 to 45 decibels,
though 35 decibels was recommended unless there is written .consent from affected
property owners.
It is important to note that the noise study submitted by Illinois Wind Energy uses
theoretical generalizations about topography and noise conduction and does not use
the same height or turbine models proposed for lndiantown and Milo.
As a side note, according to the Walgreens Drug Store web site, the most sensitive
earplugs they sell only block out noise up to 30 decibels.
. Tower removal. Turbines and all relegated above-ground equipment shall be removed
within 120 days after the date. the generators reach the end of their useful lives, the
date the turbines are abandoned, the termination of the landowner lease, or revocation
of the permit. An escrow account will be established or bonding provided by the wind
developers to ensure tower removal.
. Tourism. Wind developers are banned from promoting the project as a tourist
destination, will not provide bus or tourist parking, and will not provide promotional
signs located at the projects or elsewhere.
Despite the ordinance prohibiting promotion of the wind turbine project, WPSC was
caught red-handed by Township Supervisor Yunk last month in August filming a
promotional video with child actors riding bicycles in front of the turbines. Mr. Yunk
ordered the film crew to leave, but they refused and continued filming. The township
has found that once the turbines were constructed, it has been practically impossible
to enforce the ordinance or gain cooperation from WPSC or MG&E.
. Road damage. Wind developers will pay for the total cost to return the towns' roads
to town standards, not just pay for damaged areas. Any road damage caused by the
wind developers during the repair, replacement, or decommissioning of any wind
turbines will be paid for by the wind developers. An independent third party will be
paid by the wind developers to pre-inspect roadways prior to construction.
Township Chairperson Monfils said that it's not a matter of if there will be road
damage. There will be road damage. The.wind factory developers in Lincoln
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.,
Township said originally that they would fix the roads if there were damage. But
when it came time to :fix the roads, the township had to scrap with them to get it done,
according to Mr. Monfils. He said the developers disputed the costs and he had to
battle with them two or three .times to get repairs paid.
· Periodic review. Every year the project will undergo a periodic review for the
purpose of determining whether wind developers have complied with the permit and
whether wind projects have had any unforeseen adverse impacts. Any condition
modified or added following the review will be of the same force and. effect as if
originally imposed. Wind developers will send a representative at least once a year to
report the operating status of the projects and to receive questions and comments
from the governing body and township residents.
Even with the review, Lincoln Township residents reported being dissatisfied with
the developers' response to their complaints. Mrs. Yunk said the developers were
readily available prior to construction, but afterward were scarce, She said she fielded
calls from residents who could not reach developers and residents who were given the
run-around, being told they needed to contact other people within the organization.
She said residents' concerns and problems were deflected by the developers, who said
residents had to prove that problems did not exist previously and that the problems
were without a doubt the result of the turbines.
. Health and safety. If a serious adverse unforeseen material impact develops due to the
operation of any of the turbines that has a serious detrimental effect on the township
or a particular resident, the township has a right to request the cessation of those
turbines in question until the situation has been corrected.
. Setbacks. The minimum suggested setback from the nearest residences or public
buildings is 1,000 feet, though 1,500 feet was recommended. Setbacks from adjacent
property lines will be no less than the tower height plus the length of an extended
blade. Minimum distance between turbines will never be less than 800 feet.
. Strobing effect, blade shadows, and stray voltage earth currents are some other issues
to be addressed.
In effect, with these guidelines, Lincoln Township is making construction of new turbines
unattractive to further development. They are finding it almost impossible to remedy
problems with the current turbines and restore a former quality of life to residents.
However, they are trying to ensure no more mistakes will be made.
As Mrs. Yunk plainly said, Anyone that thinks there aren't going to be problems resulting
from the turbines has got another guess coming. She said that she and other residents felt
like the bad guys for opposing the turbine project and warning other residents that the
project would spell disaster. She said she hates now that what they feared has come true:
There isn't any satisfaction in being able to say, I told you so.
The board must weigh heavily the situation of Kewaunee County and the voices and
experiences of residents who have no vested interest in wind development in Bureau
County. They have no vested interest in telling anything but the truth. They are telling it
like it is, and unfortunately, like itwas.
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1
back to "A Problem With Wind Power"
[www.aweo.org]
[key words: Americtln Wind Energy Opposition, American Wind Energy Association Opposition, Americtln Wind Energy Association, WWlulwea.org, Wind Energy
Works', Innl'.lvindenergyworks.org, JfNot Wind, www,ifnotwind.org, Wind Powering America, British Wind Energy Association, 1\'\Vw,bwea.com&
wlI'\V.bwea.org, and Embrace the Rel.oJution (Embrace the Wind), wII'IV.embracewind.com opponents: industri'll wind t~lI'ln opposition: National Wind Watch:
negative effects, impact aspects, environmental costs of wind energy, wind turbines, wind towers: windfann information: wind power tilctS, Ivind energy t~lq:
windfarm debate: mlti,wind, anti,windmiJl campaign: ekctricity, noise, birds, bats, blades, denn1<lrk, germany, uk, britain, california, vermont etl'iciency,
conseJyation, wind tlmn action groups: l1l1ti'lI.ind campaigns]
file://E:\Documents and Settings\Jeff\My Documents\Lincoln Township (Wis.-J Experienc... 4/20/2006
Submittals Regarding
Diesel Fuel
Ulesel lecnnOlogy l'orum: l\leW veneratIon ot Clean UleSell'uel tlegms l'1owmg Today Page 1 of2
(2ft'C1i\.'lSQ ..I eo. (~
News Article
New Generation of Clean Diesel Fuel Begins Flowing Today May 31,2006
Refinery Production of Ultra-low Sulfur Diesel (ULSD) key to New Clean Diesel System
WASHINGTON - Allen Schaeffer, executive director of the Diesel Technology Forum, Issued the following statement commenting on
today's milestone requiring that at least 80 percent of the diesel fuel refined in the United States for use by on-road vehicles be
ultra-low sulfur diesel (ULSD) fuel, containing only 15 parts per million sulfur content:
"Today is the beginning of a new generation of clean diesel technology, as the nation's refineries begin producing cleaner diesel fuel.
Just as taking the lead out of gasoline in the 19705 enabled a new generation of emissions control technologies that made gasoline
vehicles over 95 percent cleaner, so will removing the sulfur from diesel help usher in a new generation of clean diesel technology
across all applications.
This new fuel will contain 97 percent less sulfur than today's diesel and will be available at retail facilities nationwide starting on
October 15, 2006. Clean diesel fuel is critically Important because sulfur tends to hamper the effectiveness of diesel exhaust-control
devices, like lead once obstructed the catalytic converters on gasoline cars. "The advanced clean diesel system - combining cleaner
fuel, state-of-the-art engines and effective exhaust-control technology - will playa leading role in helping cities and states meet
strict new air quality goals set by the federal government.
Clean diesel will ultimately bring emissions reductions across a range of applications, including:
Trucks and Buses - New trucks and buses will be the first class of equipment to benefit from clean diesel. While today's trucks and
buses already produce only one-eighth the tailpipe exhaust compared to those built in 1990, new engines will be even cleaner. It will
take 60 trucks built in 2007 to equal the soot emissions of one truck sold in 1988. The EPA predicts that these new trucks _ once
they fully replace the existing fleet - will reduce emissions cif smog-forming gases by 2.6 million tons each year and cut soot
emissions by 110,000 tons annually.
Cars, Pickups and SUVs - By 2009, both gasoline and diesel cars, pickups and SUVs - regardless of fuel type and engine size _ will
meet the same stringent emissions standards. In the coming years, consumers can expect to see mcire diesel options in showrooms
http://www.dieselforum.org/newsalticle/article/484/51/ 6/1/2006
Ulesel 1 ecnnology J:<orum: NeW veneratIOn ot Clean Ulesell'uel Begms Flowmg Today Page 2 of2
and will ultimately benefit from diesel's greater fuel efficiency (typically 20 to 40 percent more miles per gallon than a comparable
gasoline version).
Construction Machines and Farm Equipment - Emissions reductions on the same magnitude as those occurring for trucks and buses
in 2007 will be phased in for off-road construction and agricultural equipment later this decade.
The Existing Fleet - Many of the same clean diesel technologies developed for new engines can be applied to some older vehicles and
equipment. The nationwide availability of ultra-low sulfur fuel will help expand opportunities for these clean diesel retrofits.
"Tne clean diesel success story is shared with the numerous air quality organizations, public health advocates, environmental groups
and representatives from all levels of government that have worked towards cleaner air and improved public health.
The Diesel Technology Forum is proud to be a partner In the Clean Diesel Fuel Alliance (www.c1ean-dlesel.org), which provides a
resource on technical issues regarding the introduction of the cleaner fuel.
###
The Diesel Technology Forum is a non-profit organization dedicated to promoting clean diesel technologies. Forum members include
engine and vehicle manufacturers, diesel fuel refiners, and manufacturers of emissions control devices.
<- Back to: News Releases
._~-~~~
,". " -., '.', . .. ... . '. - . . <....., . .'., . . ~.. ....', '... .... " .. '...., . .., ., . ...".., ,. .
@2000-2005 Diesel Technology Forum, Ail Rights Reserved.
http://www.dieselforum.org/newsartic1e/artic1e/484/51/ 6/1/2006
.... - --- 0_____._ _____ .I. a.1='''' .I. VJ. oJ
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find o~Hd,lr;Jutlml$lbln ~'ln wuch with wem:s.
mane'!' ~ yQU Imles. mil chl1llrte.., In ~r IMei1
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OUir Go!l1lSewatflll:t1\ !ir.I~Na':fures Se!lect: ;a JPJane
_..... .-. '.~. .... . ..... .~... . ..... .-. . .... ... . ... .... ... -.... -........_... ............M .....__......._......_ ......._. :seil!'diiiother-'chapter
El<p ;or~, efl;jo ill , protect @ ~1U'ort, , '
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Diesel Pollution
"-- Last revised: August 20, 2003 Health Effects Associated with
-",.--
-=--
.=- Diesel Emissions:
.=-
.... -.. . ....._ ...~ ~...o .,,_...,,__ ._'.'. ........_..~.__......
backtrad:.: Soot
'.Q~JiljhllJi!tlr4at.iiI!JJ '.~... . .. .. -...
,...-..... .-....,,-.~'.-_.
I' [n this s;ection: Particulate matterl commonly referred to as soot, is made up
. Q.eam. ~Jfll' !N',ew.s; of small particles that are covered with compounds formed
.~Jr 1P'rDJ~~mJlb lFadslitee1!$ during the engine combustion process and that travel through
.Sm~ the exhaust pipes. Diesel engines are responsible for as much
.. Ge.ti: ])n,V1liIMEt!illu as half of all soot found in many urban areas. The release of
soot occurs with diesel engines because of the high sulfur
also, of interest: content in diesel fuel, poor refinement processes, and -
incomplete combustion of fuel.
.~
'. .., _. ._~.. .,"'-_........ '_~_.._..,~._ "'M_' .~..,. _".M..._.. Airborne soot gets trapped in the lungs and can cause tissue
""Stay Connected! ~~' damage and exacerbate existing lung problems and can cause ~i~ii:l~i~I*~{!.~~~~~w~~f.~'rf~~1~~
new ones. The California Air Resources Board and the World
Get 1l!he $i;~Fra. Ollb Insfm:el: Health Organization have both declared soot from diesel
exhaust tailpipes to be a human carcinogen, and scientists
and stay current on increasingly believe that soot is the most deadly type of air
environmental Issues and
, activist opportunities. pollution. In addition, a recent Johns Hopkins stUdy found a
link between death rates and the incidence of fine particles In
remer 'YGl!I:r rem:ctf;J sign up the air of 20 of America's biggest cities.
...--.. . ,... .- ....~. . ~ .. ~._.. ~.. .._...~ '.--. ~.....- -...- ". Scientists blame soot for 64,000 premature deaths per year in
the US, which is almost twice the number of deaths due to
auto crashes. Soot causes bacterial and viral respiratory
infections like pneumonia, as well as chronic lung diseases like
asthma that destroy lives over the course of years. In
addition, studies have found that soot may cause heart
attacks and arrhythmia (Irregular heart-beat) and that the
incidence of strokes and heart failure is greater in areas with
http://www.sierraclub.org/cleanair/factsheets/diesel.asp 5/14/2006
U.lCI:SC.l rUI,,;Ll:SllCCI. - \.....lCi:U.l.M..ll - ~.lCl.lU '-'.lUU rag~ ~ or .)
high levels of soot.
Smog
The nitrogen oxide emitted by diesel engines plays a large role
in the formation of ground-level ozone, commonly referred to
as smog. Smog is formed when nitrogen oxide reacts with
. volatile organic compounds and sunlight to become a
colorless, odorless gas. Because sunlight is required in the
production of smog, smog levels are at their highest in the
summer months and in states with warm weather, It is
estimated that more than 100 million Americans continue to
breathe air that doesn't meet health-based smog standards.
Nitrogen Oxide + Volatile Organic Compounds
I ' .
When inhaled, smog causes a burning of the ceil wall of the
lungs and air passages. This eventually decrease the elasticity
of the lungs, making them more susceptible to infections and
injury and causing asthma attacks and other respiratory
illnesses. This danger Is present for anyone who inhales smog,
although children, elderly, and those with respiratory
problems are at a higher risk of developing health problems
associated with smog pollution. Children take 'In more air for
their body, weights than adults, and their bodies are still
developing,. putting them at higher risk from air pollutants. A
UCLA School of Medicine stUdy ,found that over time, repeated
exposure smog and other air pollutants can cause as much
damage to the lungs as smoking a pack of cigarettes a day. In
addition, a recent Abt Associates study found that high smog
levels in the eastern US cause 159,000 trips to the emergency
room, 53;000 hospital admissions, and six million asthma
attacks. each summer.
Cancer
More than thirty studies have linked diesel exhaust to cancer.
A report by the Natural Resources Defense Council found that
htto:/lwww.sierraclub.org/cleanair/factsheets/diesel.asp 5/14/2006
.L#......~"'... ....u...~~.u.......~ - ""......WI..l"'1.U - U~l.;iu,a ~~uu l'age j or j
about one in every 2,000 people may develop cancer due to a
lifetime exposure to diesel exhaust at the outdoor average
concentration. According to a recent study, the exhaust levels
on school buses were more than eight times the average
levels found In the smoggy air In California. This exposure can
result In 23 to 46 additional cancer cases per million children
exposed.
tJijpiUliIllr<Oillli
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htto://www.sierraclub.org/cleanair/factsheets/diesel.asp 5/14/2006
Life of Soot: Diesel Pollution, Emissions, and Health Effects Page 1 of5
-' ~\~-eJ S/8'/D~
UNION OF CONCERNED SCIENTISTS
Citizens and Scientists for Environmental Solutions
www.ucsusa.org
Clean Vehicles
EJ Mailthlsto ..friend
backgrounder
Diesel Pollution Primer
soot formation, emissions, dispersal, and health effects
. ..... _. ~ .~_''''''~,'''''h'__.....'~..~_.'_'"~,,,~ ....._ ", "..... ,__._., ,_,,_~"'" _.e"'.__ ......... .... ','_ '... "._ .... .... .._..... ......_.... .._..... ._."........_..........._,._ ._. ._.....__..............._......__.._. ..~....h ....... . '" ..
At some point or another, we've all
gotten caught behind an 18-wheeler,
a garbage truck, a tractor, or a
; bulldozer and seen, smelled, and
even felt the clouds of soot coming
from their tailpipes.
But how and why does diesel fuel
. produce this haze of soot, or
particulate matter (PM), and how
wi does it affect the bodies of those who
ft breathe it in? In this backgrounder
we take a look at the Iifecycle of soot and explore its
implications for your family's health.
The Birth of Soot
.. Soot, or particulate matter (PM); begins its Hfe in the belly of both gasoline and
diesel-powered engines. These engines create chemical and organic eonipounds
from the combustion ofhydrocarbon~based fuels (fossil fuels). These
compounds then duster together in particle fOf1i1 to create soot, which is released
into the air as exhaust. Soot may also come to Uf'e as the indirect byproduct o(
nitrogen oxides (NOx) and sult11t dioxides (SOx) teactifig in the
atmosphere, Soot's composition often includes hundreds of different chemical
elements, including sulfates, a1lill10fiitim, nitrates, elemental cMbon, condensed
organic compo\.lnds, and even carcinogenic compounds and heavy metals stich as
lit'senid; selenium; cadniiufil and zIDc.1.
One of reasons conventional diesel engines ,
release more soot than their conventional "'" & ~~ ',"-""., ; '~..j(..'
gasoline counterparts has to do with the <"f#. ,"', 'r a h;.~. :;z......, '..." .:>.il .o,.:;'
,\':'., . ..., ''''.'' '.
,,:..'
way fuel is injected and ignited: on gas in clean vehicles
engines, fuel is injected during the intake Repo.rf;filc:lud',$,aaf
stroke and ignited with a spark; on diesels,
fuel is injected during the compression Anal~$jj;.lle.~DJlt)',.,
stroke, and the fuel.ignites spontaneously Dj'M.~l
from the pressure. As a result, gas engines ~J~lRUk.R~d.udiO.n
have two emissions advantages: The Plon,
ignition process is more carefully D~,~lE.'j..AJ~DbUc
controlled and the air and fuel are more I{ffJltb
thoroughly mixed before ignition occurs,
thereby reducing the amount ofunbumed off-site
fuel.
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Life of Soot: Diesel Pollution, Emissions, and Health Effects Page 2 of5
ill a conventional diesel; fuel is injected C.lmm~.bD"oJBII~Qrg
late in the cycle and the air 1s not as well Cft.UlpaJp
mixed as ill a gasoline engine. As a result
of this less homogeneously mixed fuel and alt; there are fuel~dense pockets jn
the (:;ohibusdoti chattiber. The caliSequetiCe is that diesel engine exhaust contains
illcompletely burned fuel (soot) known as particUlate matter,:
But it's not "engine-out" pollution that really matters-it's what comes out of
the tailpipe. Gasoline engines have gotten a lot cleaner over time through the use
of add-on pollution controls, like catalytic converters. The environmental
Protection Agency (EPA) has passed increasingly stricter standards for gasoline
engines, and as a result, catalytic converters are now standard on every new gas
car.
The real reason diesels pollute more
soot is that EP A has not forced them to
meet the stricter standards facing
gasoline engines. The soot standard for
. diesel cars under EP A's Tier 1
regulation is at least ten times the
average emission from a gasoline car.
But under the new Tier 2 regulations,
which will phase in between 2004 and
2009, diesels will fmally have to meet
the same strict standard as gasoline cars.
A diesel engine particulate filter Diesel cleanup technology has come a
system long way. From diesel particulate traps
to oxidation catalysts, there are now
various methods of catching or converting much of diesel pollution before it
escapes the tailpipe. Starting in 2009, all diesel light trucks and cars will have to
meet the same tailpipe standards as gasoline vehicles.
,
But new engine standards alone are not enough to protect the public from diesel
pollution. New standards for diesel engines will be slowly phased in over the
next 10 years. Plus, the durability of diesel engines means that older, high-
polluting vehicles can continue to operate for decades. Diesel soot emissions are
furthered by the fuel itself, as today's conventional diesel fuel contains
significantly more sulfur thati does gasoline. a
Soot's exact composition is difficult to characterize because different engine
technologies and conditions produce different types of soot. Indeed, the smoke
clouds coming from diesel engines can even have different colors. For example,
blue smoke (mainly oil and unburnt fuel) can indicate a poorly serviced and/or
tuned engine; black smoke (soot, oil and unburnt fuel) can indicate a mechanical
fault with the engine; and white smoke (water droplets and unburnt fuel) is
produced when the engine is started from cold and may disappear when the
engine warms up."
The soot in your neighborhood may be different than the soot in someone else's
hometown, but no matter the source and type, soot can present a grave health
threat.
oot;s JoutfieyAcross the Land
s previously mentiOfied; soot particles either come
itectly from tbe tailpipe, or can be formed when tailpipe
misslolls ofNOx and SOx: react with atmospheric agents.
.... nee fortned; soot comes in many sizes, though aU just a
fraction of the width of a human hair, from coarse PM (less than 1 {) microns in
http://www.ucsusa.org/clean vehicles/big rig cleanup/life-of-soot-diesel-pollution-emissi... 5/14/2006
Life of Soot: Diesel Pollution, Emissions, and Health Effects Page 3 of 5
diameter) to rme PM (less than 2.5 microns) to ultrafine PM (less than 0.1
miCrons). Most soot is in the fme and ultrafine categories, with ultrafine particles
making up 80-95% of soot. Ultrafine particles are the most dangerous, however,
as they are small enough to penetrate the cells of the lungs. Soot particles can
have an environmental lifetime of one to three weeks, and they can travel long
distances, journeying to communities in far regions. Soot particles have even
been found at the South Pole, where no major emission source exists for
thousands of mites. ~
But in general, soot tends to fall (jut of the atniosphere close to the source of the
pollution, The furthet you are away from diesel exhaust sources, the better for
your health, and v1ce.versa. fu California; the home otthe natlon's Illtgest fleet
of diesel vehicles, roughly 80 percent of the state's diesel pollution sources ate
found in S of the 1 S air blishts, Showmg that the effects of diesel soot ate; mostly
close to the source, about 87% ofCalifo1fiia's oVer $21.5 billion yearly diesel
exhaust-related health cafe costs come frorn the same 5 air bashts.li
Estimated Premature Deaths by Diesel Exposure by. CA Air Basin
Plii,kflfiJl fst
(17'2,
I\IOt1,.. Cc-:iot '~i MbUnf$n C(itJ!'i.ijqll< ttJ
Ukii' Cu..JUt (ot:'J
SlIlt P'r',iiiciilcQ
Slir (5'lJ'9t .'61ft:yll ft 11~
f.il)n1i C~nl'aJ
Ct1:UIt em ~enorj l1jj
Stl~fj Cie,.t~lJf ~...
(lout (9'0;
South O<Mc;t (1l.4'itJ) J
SJht iJ IClgli f2'a j .....-C) ~saj[~" ~.. 4:31i
Norl!: Premature deaths are a result of exposure to diesel particUlate matter,
both direct from the tailpipe and from the conversion of NOx emissions to
particulates in the atmosphere. Estimates for indirect particulate exposure for
each air basin are based on a conversion of NOx . emissions to particulates.
SOURCE: Image courtesy of CARB.
Soot's Trip Through Your Body
As soot travels through the air in your community, you breathe it in, and so it
starts the next phase of its journey: a trip through your body's respiratory system.
Large soot particles (> 1 0 microns) deposit in your nose, throat, and lungs,
causing coughing and sore throat, and are ejected from your body through
sneezing, coughing, and nose blowing. Coarse particles (10 microns) are inhaled
into your windpipe and settle there, causing irritation and more coughing. Fine
and ultrafme particles (less than 2.5 microns) are the most successful in invading
your body, small enough to travel all the way down deep into your lungs.
I II Once there, these soot particles can
http://www.ucsusa.org/cIean vehicIes/big rig c1eanup/life-of-soot-diesel-pollution-emissi... 5/14/2006
Life of Soot: Diesel Pollution, Emissions, and Health Effects Page 4 of5
(Diesel Soot Animation I ~tate ~d mutate the most sensi!ive
,..., C .c::'::.:.:'....':...c:...,.:::.:::::.:': :.;:C'...,.:' ~:.".::C:. .:,., tissues m your lungs: your alveolt. These
, \;(,f1j';\1f;;\!(iJ':jW!\1; :::,:it:~~~i:':?)('Wj:;;}'m~! ::== :e;=~~~ :;~~~ed:n~s
of the lungs. Surrounded by networks of
blood capillaries, alveoli exchange
oxygen and carbon dioxide from the air
you breathe in with blood in your
capillaries, thus allowing your
circulatory system to carry oxygen to the
rest of your body. Soot particles,
however, make this task more difficult as
they cause inflammation and scarring of
these alveoU,Z Scar tissue builds up and
slows oxygen flow to your capillaries,
i Ctick the image aboVe to See how Soot straining your heart because it must work
. travels through the body ill this harder to compensate for oxygen loss.
, iifiittiatloii (courtesy oithe LOllg Beach
: ~t~ss.r.eiegt~ls ~tw~~~) .. .", Soot also finds other ways to hann your
body, including causing chronic
bronchitis and asthma. These conditions occur when the linings of your lung's
bronchioles (air passageways) become irritated and swollen, in turn causing your
lungs to create mucus to soothe the irritation. These conditions prevent your
bronchioles from moving oxygen to the rest of your body. Symptoms can range
from coughing and shortness of breath to severe and fatal attacks of oxygen loss.
In addition, soot particles also reduce your respiratory system's ability to fight
infections and remove other foreign particles.
Soot particles can also act as carriers of carcinogenic compounds into your body.
Compounds in soot suc;h as polycyclic aromatic hydrocarbons (P AHs) are
carcinogenic, and diesel soot itself is classified by many government agencies as
either a probable or known cancer-causing agent. For example, the California
Air Resources Board has concluded that diesel soot is responsible for 70 percent
of the state's risk of cancer from airborne toxics.
Lastly, diesel pollution can be deadly, causing premature mortality through
cancer or heart and respiratory illnesses. In the population as a whole, studies
have shown a 26% increase in mortality in people living in soot-polluted cities.
Soot's Harms Vulnerable Populations Most
Although all human beings are susceptible to soot's journey through their body,
individuals with preexisting respiratory conditions, children, and the elderly are
the most vulnerable to soot's lasting and deadly effects. People with heart
disease, emphysema, asthma, and chronic bronchitis suffer from increased
hospital admissions and emergency room visits as a result of exposure to soot.
Children-and their developing lungs-may also
suffer more acutely from breathing in diesel
soot. Outdoors more often and breathing in more air
per body weight than adults do, children suffer
disproportionately from asthma and other
respiratory conditions. Asthma is the most common
chronic disease of childhood and a leading cause of
disability among children; today about one in llio"
thirteen children have asthma. Elderly persons also
bear a large burden when coming in contact with
soot. Studies estimate that tens of thousands of
http://www.ucsusa,org/cleanvehic1es/big rig .. c1eanup/life-of-soot-diesel-pollution-emissL;; 5/14/2006
Life of Soot: Diesel Pollution, Emissions, and Health Effects Page 5 of5
elderly people die prematurely each year from exposure to ambient levels <>ffme
PM.S
A Costly Journey
In the end, soot travels far and wide to affect thousands of communities and
millions of people, including you and your family. It begins in the combustion of
an engine and ends up in the innermost reaches of individuals' lungs. Society
pays a heavy price for soot's journey. Billions of dollars in health care costs, the
loss of work and school days, and the loss of human lives create an enormous
burden for society to shoulder. This burden is not a necessary one, however, as it
can be lifted from off our backs with the help of stricter air regulations and
cleaner engine technology.
Notes
1) Minl1esota Pol1ution Control Agency: Particulate Matter (TSt> and PM-lO) in
Minnesota "" wmt!p.l,)Il.!I,tIl,tt.mlLu~lWJni~~I!uUt'lunla.,bJJ!!J
2) t>iese/ Technology Forum: New Technologies: Diesel Filters -.
IJJfp.:/L!rw_w~dll!&d(w:um.!aJ:l!fHI!,t~I,lll!tLU'HPMttmJ
3) Sierr'll Club: Health Effects Associated with Diesel Emissions ."
."'<<p.:ftw.~,~ll!":I',!ldItIM)[-#l.I!Jlu..t!lftiJ'L(IJ~Ufj14tc!d.J1!p,
4) Health &, Safety Execudve: Diesel Engine Exhaust Emissions -
httIU!Lw,W.'-l'Jj!I!,Q;/J,:,u"ff!"IJJl!fjPilg%S,6~tfli
S) Envirotifiiemal Health Perspectives: Seeing Through Soot-
IIt,tIUlidnl.J.!ldl!.mh.g.avlm.I!J1lbl!!'~aD.IlZLU.ll;;~Mal'H:t4t!u,bti!l1
6) Union of Concerned Scientists: Sick of Soot. pp. x-xi
7) Long Beach Press Telegram: Toxic Air: How Poor Air Quality Affects the Respiratory
System -- l!ttPJfllll~!pr.l!8~tdl11P'.IIID..f.amLpJ;oJr,~J811/JA#J!lllliml!~J!lLt(lxlllJJJrJlU!l>jWf
8) US Environmental Protection Agency: Health and Environmental Effects of Particulate
Matter - .!lttpJljw.>>'..w.Ll1pft,J()}:.LttiJLlJII.J~JllIlJIlltq!fl-JiLpl1lbtJlJtI"'btJQJ
Page Leu
htto:/ /www.ucsusa.org/clean vehicles/big rig cleanup/life-of-soot-diesel-pollution-emissi... 5/14/2006
Mark Noble
----- " -- ----..... ,__~,~.... ,~~_~..~_,,__..~.. M
From: Michael Leek
Sent: Thursday, June 29, 2006 8:48 AM
To: Mark Noble
Cc: James Thomson
Subject: RE: packet info
Mark -
I think the thing to do with the attachment is to send it to the Commissioners bye-mail with a note letting them know that Mr.
Pumper asked that it be provided for their reading in advance of the meeting.
Regarding the concerns about diesel pollution from the generator facility, while they may bring it up on the 6th, my own view is that
the specific use is not under consideration with this application, so it is not particularly relevant. Let me know if you disagree, Jim.
Finally, with respect to the relationship between the owner of '-State and Mark Kennedy, I don't think it is an appropriate area of
inquiry for staff as it is not relevant to the applications, and so would not respond on that point.
Michael
'V_"'~_"""'~__'. ------- ...........__,,_...~~_..y..vv~_.....,..._vv...,.~,.. ..".
From: Mark Noble
Sent: Thursday, June 29,20068:20 AM
To: Michael Leek
Subject: FW: packet info
Michael: The attached document totals 53 pages - the chapter Jeff specifically references is 4 pages. I am not sure how to
address his inquiry regarding Mr. Kennedy's position in this scenario. They were also asking whether the Inver Grove Hts, and
Roseville centers were going to stay open or close; and if they stay open, that the emergency related activities (meaning, late
night towing/etc.) occur at those sites rather than in Shakopee.
-----Original Message-----
From: Jeff A Pumper [mailto:jspumper@earthlink.net]
Sent: Wednesday, June 28, 2006 10:55 PM
To: Mark Noble
Subject: packet info
Hi Mark,
Attached to this email is a report for the Planning Commission to read before the next meeting. The report was completed by the
American Lung Association in 2003 and it speaks towards the federal regulations on diesel fuel that took affect this month. It is all
factual information from experts such as EPA, a sited source by I-State. What I would like the Planning Commission to take note
of is chapter 4, it addresses stationary generators. Phase 3 of '-State's proposal is the Power Systems Building and that building
is for the selling and repairing of stationary generators. At the neighborhood meeting last month the owner of I-State, Gordon
Galarneau told residents that he doesn't need to move the buildings around (reconfigure the current layout) because he is
meeting federal guidelines. Gordon said that because there are NO federal guidelines for diesel fuel emission on stationary
generators. The Planning Commission has already heard plenty about pollution concerns from the residents and I think someone
lIViII make mention of this fact; however, the Planning Commission will have had an opportunity to read the report and it will save
them time. Please call me if you find out any answers to Karen's questions from I-State and I would like to know if you learn the
exact relationship Mark Kennedy of Kenmark Corporation (home builders) and Gordon Galarneau, the owner of I~State. There is
something strange about this relationship and when I have asked Rick about their relationship his reply has been, "I don't know
their exact relationship" - not real helpful.
Thanks,
stacey
06/29/2006
Stacey Pumper asked that this document be provided to each of you in advance of the meeting,
as noted below.
Hi Mark,
Attached to this email is a report for the Planning Commission to read before the next meeting.
The report was completed by the American Lung Association in 2003 and it speaks towards the
federal regulations on diesel fuel that took affect this month. It is all factual information from
experts such as EPA, a sited source by I-State. What I would like the Planning Commission to
take note of is chapter 4, it addresses stationary generators. Phase 3 of I-State's proposal is the
Power Systems Building and that building is for the selling and repairing of stationary generators.
At the neighborhood meeting last month the owner of I-State, Gordon Galarneau told residents
that he doesn't need to move the buildings around (reconfigure the current layout) because he is
meeting federal guidelines. Gordon said that because there are NO federal guidelines for diesel
fuel emission on stationary generators. The Planning Commission has already heard plenty
about pollution concerns from the residents and I think someone will make mention of this fact;
however, the Planning Commission will have had an opportunity to read the report and it will save
them time.
Thanks,
Stacey
Submittals Regarding
Possible Conditions
Mark Noble
- .-----...... -- ..-----..-.......---
From: Thomson, James J. Uthomson@Kennedy-Graven.com]
Sent: Thursday, June 15, 2006 9:26 AM
To: Mark Noble
Cc: Michael Leek
Subject: RE: Questions regarding '-State
Mark,
I received the emaH from Karen Marty. I am going to be tied up today on another project and I will be out of the office tomorrow. I
will review the issues in Karen's emaH and get back to you early next week. Don't respond to Karen until you and I have talked.
Jim
--~--Original Message-----
From: Mark Noble [mailto:MNoble@ci.shakopee.mn.us]
Sent: Thursday, June 15, 2006 8:42 AM
To: Rick Leuthold
Cc: Thomson, James J.; Michael Leek
Subject: FW: Questions regarding I-State
Rick: 'received these comments late yesterday. For your information, Karen is an attorney that has been retained by at
least one neighboring property owner regarding the project. Could you review her questions, and if you can provide me
with responses, I will forward them on to her. Thank you.
---~-Original Message-----
From: Karen E. Marty [mailto:kmarty@ix.netcom.com]
Sent: Wednesday, June 14, 20066:19 PM
To: Mark Noble
Cc: Jim Thomson
Subject: Questions regarding I-State
Mark,
Thank you for returning my call this afternoon regarding the I-State proposal for a conditional use permit and
preliminary plat approval. I thought it might be helpful if I put my questions in writing. I have added a few to
those we discussed earlier. If you do receive information from the applicant which helps answer these, I would
appreciate seeing it.
(A) The proposed use for Lot 1 is for a sales, parts and service center for semi trucks. Additional details show
that they intend to sell new trucks; have 14 service bays for repair; and service about 30 tmcks, busses, and
trailers per day. For these uses I-State has requested a conditional use permit for retail sales.
(1) The 1-1 zoning district does not allow outside storage of goods for sale. Will I-State be keeping all trucks
for sale in an interior show room / selling out of catalogs / or otherwise having all items for sale inside? If they
intend to have the trucks for sale outside, this would be an "Open Sales Lor', which is a conditional use in the B-
1 Highway Business zone. As the Court noted in NBZ Enterprises v. City of Shakopee, 489 N. W.2d 531 (Minn.
App. 1992), if the use is identified for one zone, it belongs there, not in another zone where it is not mentioned.
(2) I-State indicated that it sells entire fleets oftrucks. When it sells a replacement fleet, does it ever take the
old fleet as a trade-in? It seems they would probably be selling old, used trucks as well as new ones.
(3) I have not seen anything indicating whether I-State expects to sell a new truck or a fleet of trucks each
day, but they have stated they will be servicing about 30 vehicles per day. This sounds similar to a new car
dealership, where the main profit is on sales, but the main activity each day is around the service center. They
would appear to need a conditional use permit for vehicle repair.
(4) A typical repair garage occasionally has an owner fail to pick up the repaired vehicle. It requires a period
of months in order for the garage to acquire title to the abandoned vehicle and sell it. Assuming that I-State falls
within this pattern, what will they do with the truck, bus, or trailer in the meantime? Will these items be stored
06/20/2006
'\mtside?
(5) I-State has not sought a conditional use permit for outside storage. How long may they park a truck, bus
or trailer outside before it is considered Irstored" there?
(6) If a truck, bus, or trailer needing body work is brought to I-State, and either the parts are not readily
available or some other delay occurs in the repair, where will I-State store the vehicle? This may be particularly
important if it is in an unsightly condition (e.g. badly damaged).
(7) I-State has been firm that new trucks pollute very little. Their information has not indicated, however, that
:~ll be repairing only new trucks and busses. How old will a typical vehicie be, that is being serviced?
~ I-State is not going to manufacture, fabricate, or assemble trucks at their site. Rather, they are seeking a
con itional use permit in order to sell trucks which they store on site. . . but these trucks are "stored" solely for
the purpose of sale. That kind of "storinglr is the same as a retail business; any retail establishment stores goods
for sale. This is not the kind of use intended to be included in the industrial zone. Aside from selling semi trucks
rather than cars, how does their proposed use differ from any new car dealership?
(B) On Lot 2, I-State is proposing to construct their National Headquarters. Typically a national headquarters
would mainly contain offices. Offices are not a permitted use in the 1-1 zoning district. I understand that this
particular development proposal is not being reviewed now, but I wonder ifI-State would want to construct their
facility on Lot 1 if they understood that they would be prohibited from constructing a national headquarters on
Lot 2.
If you have questions about any ofthese, please let me know.
Karen E. Marty
--
Karen E. Marty
Marty Law Firm, LLC
952-921-5859
06/20/2006
CHAPTER 4
Closing the Stationary Diesel Engine Loophole
Under national air quality policy, there is a narrow legal thread that divides those
engines classified as "nonroad'~ mobile pollution sources and those categorized as
"stationary" pollution sources. In short, the legal distinction hinges on the
residence time of the engine. An engine that is moved from site to site more than
one time a year is deemed mobile and therefore regulated under the, federal
program for nonroad engines. I This means that a diesel generator on wheels that
is relocated more than once a year is classified as a nonroad mobile engine. But
if a similar diesel generator remains in place at an industrial site for more than 12
consecutive months it is categorized as a stationary engine. These two generators
are categorized differently for legal purposes even though the engines themselves
are largely the same, as are the airborne contaminants discharged, the fuel used,
and the available technology solutions to control their exhaust.
The consequences of these legal delineations are momentous. The federal
government is directed by the Clean Air Act to control air pollutants from mobile
nonroad engines. Because the federal government has primary jurisdiction to
establish emission standards for. the pollution sources deemed mobile, disparate
state emission standards for nonroad engines are generally preempted.
In contrast, both EPA and the states have broad concurrent authority to
control pollution discharged from stationary diesel generators or other stationary
engines. But EPA's pollution control program for stationary sources tends to
focus on large, centralized pollution sources such as refineries, smelters, pulp and
paper mills and power plants. EPA therefore devotes few resources to smaller,
more-dispersed engines that collectively have serious air pollution impacts. In
practice, EPA has never established air quality standards for stationary diesel-
powered engines.2 While federal emission standards for nonroad diesel engines
lag behind their onroad counterparts, the same stationary diesel engines have been
overlooked altogether.
EPA recently explained the legalistic distinction between "nonroad" and
"stationary" engines:
Stationary engines are used in many applications where they can be installed
in a fixed location, such as power generators or irrigation pumps. Nonroad
(mobile) applications include these same types of equipment if they are made
to be portable (or transportable). For example, a generator mounted on a
pallet or a trailer would generally not be considered stationary.3
There is increasing urgency to address this divide that allows stationary diesel
generators and other stationary diesel engines to elude any meaningful emission
standards. Stationary diesel engines have long been used in a variety of
applications including agricultural use, and oil and gas extraction. Oil and gas
activities have recently exploded in places like the Rocky Mountain West,
contributing to rising air pollution levels. Likewise, the increasing reliance on
distributed generation sources (see box on next page) to meet new electricity
demand is expanding the use of high-polluting diesel generators. Diesel
36
generators also are a predominant source of back-up power. The California
Energy Commission estimates that diesel alone provides more than 90 percent of
large backup electric generating power in California. 4
Curbing the Harmful PoLLution from SmaLL-Scale
. Electric Generators
. Economic forces and deregulation in the energy market have led to growth
in smaller, more dispersed sources of electrical power commonly referred to
as "distributerl"gEmeration. Distributed generation often serves niche market
needs and includes small wind generators, fuel cells, small turbines, gas-:-fired
combined cycle power generators, and diesel-powered internal combustion
engines. Unlike conventional power stations, which are large and centralized,
distributed generation sources tend to be smaller and are scattered across
metropolitan areas.
. .
Distributed generation sources may serve important local needs in
proVid;.ng.areIiable, affordable, and secure energy source. But the very
. attiibutes.that give them a nimble, niche role in the energy market also have
. allowed them to elude meaningful air quality standards. Few states or
localities regUlate air pollution from these sources. Even though these
sources are smaller in scale, diesel electric generators and other distributed
generation sources can both individually and collectively have serious air
pollution and public health impacts.
Diesel generators are the most harmful category of distributed
generation, producing levels of particulates and smog-forming contaminants
many times greaterthari other distributed generation sources.5 Such diesel
generators Illaybelocated near homes. businesses, schools, and other
population centers. Environmental Defense recently conducted an extensive
risk assessment of backup diesel generators in the San Diego. San Joaquin.
Sacramento and Los Angeles areas and found that over 150,000 school
children attend schools in high-risk zones.a
Closing the Diesel Divide
EPA is on the right track in developing new emission standards and fuel content
requirements to curb the airborne contaminants from high-polluting diesel
nonroad engines. But EPA needs to ensure the same clean air program is applied
to the stationary diesel engines that have altogether eluded comprehensive air
pollution abatement requirements. In California alone, one of the few states with
a reliable inventory. there are more than 16,000 stationary diesel engines including
both emergency backup generators and prime engines.7 Unlike backup
generators, which typically operate on a limited basis, primary engines run on a
regular basis to supplement or substitute energy from the power grid.
These stationary diesel engines have a pollution potency many times that of
other engines. A typical diesel generator discharges more than 10 times. the
particulate-related pollution of a gas-powered internal combustion engine.s So
16,000 diesel generators release as much harmful particulate pollution as more
37
than 160,000 other conventionally-powered generators. Because diesel
particulates are one of the most dangerous airborne contaminants, closing the
regulatory loophole for stationary diesel engines is a public health imperative.
The process to clean up diesel generators can begin now. Several states have
begun tackling the pressing air pollution problem associated with diesel
generators. In 2001, Texas established the nation's first statewide emission
standards for new small-scale generators.9 In east Texas, which contains the most
polluted areas of the state, the emission standards for distributed generating
facilities are essentially based on micro-turbine technology.'o The standards
in west Texas assume that high usage small-scale generators are powered by
natural gas. 11
As part of its statewide Diesel Risk Reduction Program, the California Air
Resources Board is developing emission standards for. stationary diesel engines
more far-reaching than those adopted in. Texas. The proposed California
standards would establish particulate and NOx emission limits on new and
existing diesel generators used in both prime and emergency backup
applications.1z Importantly, the draft California rules would go beyond the Texas
program by establishing standards for stationary diesel engines currently
operating.
The policy transition to cleaner stationary diesel engines should be smooth.
Air pollution control technologies can be transferred from nonroad mobile
engines to stationary engines. Stationary engines should be even easier and less
costly to control than nonroad equipment which is mobile and operated under a
variety of conditions.
There are also important policy parallels. Indeed, an effective pollution
abatement program for new stationary diesel engines must have some of the same
core attributes as a well-designed program for new nonroad mobile engines.
These include rigorous particulate and NOx emission standards, complementary
low sulfur fuel standards, procedures to certify that new engines in fact meet the
emission standards, and effective in-use testing to ensure that durable pollution
cuts are achieved in practice,'3
There are also material differences. Due to their different regulatory
classifications, stationary source pollution control programs may establish
emission standards for existing engines and equipment. Given the enormous
public health gains to be made, states and the federal government should follow
California's lead and put in place rigorous emission standards for existing
stationary diesel engines, This will ensure the important work to close the
stationary engine diesel loophole is comprehensive and, most importantly, will
help secure cleaner, healthier air in the near-term.
38
I EPA's definition of "nonroad engine" is codified at 40 CFR 89,2 and was adopted on June 17, 1994 after an
extensive rulemaking process. 59 Fed. Reg, 31.306 (June 17. 19941. EPA's definition interprets several provisions ..
of the federal Clean Air Act including the definition of "stationary source" in section 302(zl. the definition of
"non road engine" in section 216(10), the definition of "rwnroad vehicle" in section 216{111. and the definition of
"stationary source" in section 111 !al(3) of the Act.
, Under a court.ordered schedule EPA for the first time recently proposed emission standards for reciprocating
internal combustion engines including diesel-powered engines, But these standards only apply to large stationary
engines co-located with other targe pollution sources, thereby excluding vast numbers of engines. In addition,
EPA's proposed standards do not limit particulate matter or smog-forming nitrogen oxides, two key harmful
contaminants. 67 Fed. Reg. 77.829 (December 19, 2002).
J U.S. Environmental Protection Agency, "Emission Regulations for Stationary and Mobile Engines." EPA 420-F-034
{Sept. 200211-2.
, California Energy Commission, BUGS 1: Database of Public Back,up Generators (BUGS] in California. !Aug, 15,
20011.
5 Jim Lents and Juliann Emmons Allison, "Can We Have Our Cake and Eat it Too? Creating Distributed Generation
Technology to Improve Air Quality" (Energy Foundation, Dec, 1, 2000113-18,
. Nancy Ryan, Kate Larsen, and Peter Black, "Smaller. Closer, Dirtier: Diesel Backup Generators in California"
[New York: Environmental Defense. 20021. Available online at
http://www.environmentaldefense.org/docum ents/2272_B UGsreport.pdf
1 California Air Resources Board. "Risk Reduction Plan to Reduce Particulate Matter Emissions from Diesel-Fueled
Engines and Vehicles: Oct. 2000, app. 2, p. 17. Available on-line at
http://www,arb,ca,gov/dieseVdocuments/rrpapp2.PDF.
· Lents & Emmons Allison, note 5. supra, 13-18.
. Texas Natural Resources Conservation Commission [since renamed). "Air Qualily Standard Permit for Electric
Generating Units"ladopted May 23. 20011, establishes emission standards for units 10 MW or less, Texas
explained the need for the standards: "The Public Utility Commission (PUC) of Texas anticipates that small
electric generating units (EGUs) may become an attractive option for electric customers as an alternative to
central station generating units as a primary source of electricity due to electric restructuring and electric
reliability concerns." Ibid. at p. 3.
""The initial East Texas standards, . . recogniz[e] the unique ozone problems in East Texas and should allow for
authorization of fuel cells, micro turbines, clean turbines using catalytic combustors or flue gas cleanup. and the
very cleanest reciprocating engines using catalytic converters," Texas Air Quality Standard Permit for Electric
Generating Units at p, 5,
11 "The West Texas standards, . . should allow for clean reciprocating engines to register under the standard permit.
as well as clean diesel engines operating as peaking units" defined as units that operate less than 300 hours a
year. Texas Air Quality Standard Permit for Electric Generating Units at p. 5 & 18.
"California Air Resources Board, "Proposed Airborne Toxic Control Measure To Reduce Diesel Particulate Matter
Emissions from In-Use Stationary Diesel-Fueled CI Engines Greater than 50 Horsepower and To Reduce Diesel
Particulate Matter Emissions from New Stationary Diesel-Fueled CI Engines' (November 2002 discussion drafts).
" Lents & Emmons Allison, note 5, supra. 23-29.
39
~J Wet ,. J t
I ,~,,'.J.. 110{0& l-).....1
Conditions for I-State's CUP ,(/>"-.('!7';' \'",-. irr
Julv 6.2006
Residents of Pine wood. Estates and Prairie Bend, respectfully request the Shakopee
Planning Commission to review the following recommendations for conditions to be
placed upon I-State Truck Center if they are granted a Conditional Use Permit to allow
truck sales/service:
1. Proposed building layouts should be revised to require the corporate office facility to
be nearest 4th Avenue on whatI-State has proposed as Lot 3. The Power Systems
building should be moved to be on what I~State has proposed as Lot 2.
2. Allow one access from the proposed development onto 4th Avenue for emergency
vehicles only (Le. ambulance, fire truck, and police car).
3. Shall provide a 70 foot deep outlot along 4th Avenue (consistent with the residential
outlot of Pine wood Estates), providing additional tree and vegetation plantings in
place of removed trees and vegetation.
4. Shall provide a solid tree/berm/fence screen along 4th A venue to buffer this
development from the adjacent residential development consisting of; 8-10 foot
White Pine trees before a 6 foot cedar fence, and 15-20 foot relocated White Pine
trees behind the cedar fence. The natural screening will receive care for growth
throughout the 1st year by a professional watering and care service.
5. Shall not operate any sales or service between the hours of6:00 p.m CST -7:00 a.m
CST, Monday through Sunday. An emergency skeleton staff is not allowed.
6. Shall conduct sales and service within an enclosed structure (all service bay doors
closed unless a vehicle is entering or exiting).
7. Signs indicating "Main Entrance" will be required on the comers of 4th Avenue and
Shenandoah and Highway to 1 and Shenandoah.
8. Shall keep all outdoor garbage dumpsters in an enclosed structure and screened from
visibility at all times.
9. Shall sell products only within the.principal structure.
10. Shall have no outside storage or display or accessory structures.
11. Shall not store any vehicles which are unlicensed or inoperative for more than seven
days; beyond seven days, an unlicensed or inoperative vehicle will be considered
"abandoned" and may be impounded by the city.
12. Shall have no on street parking; trucks and automobiles are not allowed to be in a
parked position along the shoulder of Shenandoah Street or 4th Avenue.
13. Every exterior surface which has had a surface finish such as paint or stain applied
shall be maintained to avoid noticeable deterioration of the finish. No wall or other
exterior surface shall have peeling, cracked, chipped or otherwise deteriorated surface
finish.
14. The emission of smoke or particulate matter is prohibited where such emission is
visible or can be smelled beyond the property line.
15. Odors: The emission of odorous matter in such quantities as to be readily detectable
beyond the boundaries of the immediate site is prohibited.
16. Vibrations: Any use creating periodic earthshaking vibrations shall be prohibited if
such vibrations are perceptible beyond the boundaries of the immediate site.
17. Glare or Heat: Any operation producing intense glare or heat shall be performed
within a completely enclosed building.
18. The city of Shakopee reserves the right to amend and add conditions to the
conditional uses as amenities are added.
19. Property values will be guaranteed (in writing) as such that the property values will
stay even with other comparable properties in Shakopee of similar lot size, with
homes of similar finished square footage and/or total square feet, as well as year
built.
8 TI1Ul'1day,J1!ly22,'19~9 CANNONFALl.SBEACOII CANNONFALl.SIlEACON '1)unday..July22, 1899
July 22, 1999
PUBLI.C NOTICE [: How the E~wlard Kraem~~& Sons, Inc.
To Douglas and:C~mion Falls Township Residen~s Property V~lue Guarantee
',: ." "Program Works
Edward.l(raemer _",,~,:
& S. ., I :, , If you oWn residential property orfatnland in Douglas or Cannon Falls Townsbip,s in the Statc ofMinnesot8, as descnDed
'. .' . . " , ! 0'0' S' , R C . in Exht'bit. One, you may participate. If)tDre:than one person shar~~ ownership oftlie property, all owners must choose to
, . . " .: ~ ,participate. CompleteinfoImlltion is'in.the Offi.cialApplication.linliPrpgr~lf3uidelines. .
.. ,.. . ...
. . .... " Bow Will the Program Work? . : ' .
, . '
'p .; . . t' . .' v: I' Once you apply and are accepted thtre is a process in plac;:e to establish a mutually agreed upon Base Value for your
rop'er, 'y'" .' a u e property. Eachyearfortbef'JrStlO~,you'll-receivealettershawingthe.@nnual lIIl~cumu1ativepercentageincrease(or
. .. '.. '.' '. :' . .: decrease) in your property'nalue, usmg.Dakota County property value c'hait,ges as the index. If-the property sells fa; less
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. ... . ;;:. . " ,~,.,:..'.:. ;.... ,~. ,~;. :'," , . Froooad_oI_lbo_~of~30,1ll&os&t2&Olll_' :' :, ; I.. Sieben P.oIk LaVerdiere Jones & HaWi1."~";:: I '"
.. ".,. . .' : '.{ ,'..,'<".~. .- "lbe /lldr1les_1Ilo1...hl"~"'_'lbc:or ...-O<d..'I'....ild... ..,.. .., ,...,'.
'" '.. "':'f" .' .; "..' Ma~~~~illii;;.f,;:!' I " OISOlAl!...~~wIII!>-~tlleFVGP~~ ~.., .' '.1 HastingsOffice:9g~West:vi!lW.Dri~.Ha~~,MN5503~~95 .1,
; ~ I020Wes~C1ItfRoad.Bill'llSYi1ie;Ml.md0ta5S337. _-8.90"3~11 'AD.~ad~~lsOlOl!arlorl~Vil~_..,- . " . .;.' .' r . ,': ' (651) 43.7-3148 . . .. ..,: 'i.. . I
~-~~ :. ..... .' "'~.""".':. '::: .... . ..:. "l'f1-. , . ..,. .'. ., '.: , .:.'. .' '.. . ;:}':" L___...._:._,.:.":"~---:-------;.,-'---_.._----------~~--o;! ,
. I :; . ~,,, . .:' '. . . '., ..~: . . ., . .. .. . '0' . '.,j"l ..' " . .
-. ---~---:;-~ ',_., .... 0'.. - ----.- -.- -.- '-,-- --~--~~ . "
EXISTING ZONING: Ll - UGIiT INDUSTRIAl. DEVELOPER: INTERSTATE COMPANI~,LlC BUILDING SETBACKS FOR ZONE L-l:
2601 80th STREET ~T FRONT: JO FT
NUMBER or LOTS: 2 I.!INNEAPDl.1S. MINN~OTA 55425 SIDE: 15 FT (100 FT FROII R~IDENnAL) .
~. REAR: 30 FT (100 FT FROII RESlOENTIAl.) U ::!
t". NUMBER OF' OUMTS. I PREPARED BY: ENGINEERING, INe MAX. HT: 45 FT ('MTHOUT COHOITIONAl. USE PERM11) I :.
01 ARFA OF LOTS: 25.7 ACll~ lJQO NORTH TRANSTECH WAY Z ...
~ ARFA OF OUMTS: 20.4 ACR~ BIUJNGS. MONTANA 59102 _ :::
~~ ~or I . .
RIGHT-or-WAY: 4.B ACR~ SUNDE LAND SURVEYING, L\.C I -. V>
9001 E. BLOOMINGTON FRWY (35W), 5lE. 118 611I. "a
TOTAL ARFA or BLOOIIINGTON, MINNESOTA 55420 1 -+- --- -- v ~ I
SUBOMSION: SO.9 ACRES 0 10 __ I Z ....
TOTAL AREA or PUBUC N . __ IS, ~
USE DEDICATION: 0 WA Y __ -- i2 ..
MIN. LOT DEP1H: 346,91 FT HIGH __ __ 1iAHA R.R.) __ 1-- -- III ~ I
1~ 50 0 100 290 ~~NIJfoR~I~J:DER I TRUNK & 0 __ III .~ ..
SCALE' ,. 100' (WITH CITY SElMC~): 100 FT .,.A.,.r:; _- --r- z. .::: .
. = (WITHOUT CITY SERVIC~): 600 FT 5,,. , "" I __ --. M j I _ ... ;
MINIMUM LOT WIDTH AT I~ -- S'\.Y R/W IJllE \IF TltE I ,...= Z
ALL BEARINGS SHOWN ARE ASSUMED DATIlM. BUIlDING SETBACK: 5B7.19 FT \ __ -- UNION PACIFIC R.R. V:::. _
o = FOUND SURVEY MONUMENT, AS NOTED c1 ~-f. -- -- \I~ I E ~ i
,,~ ~ -r 'f.-f. I
· - RAILROAO ' <1 , , ImI
I -- --PiCiAC J- ~ \I~ .i' c .~. ~..~.. i
, -- -- YJiiioN __ 1!O -- -- :.~,~ 279050210 I ... ...~. If. ,
___ . ~ AS NOtt'LoCA ___ --- 0.3' NCR1H :', l'
I __ ~oFR.R. __ . .1
~~ -- -- __ -- -- -- -- ~!(.YR/WUNtOF1lt1!
" t ___ UN/Of{ PACIFIC R.R.
--' --
---- ~-\ ~ -::;---- - - - _N?!"!..lIN.I...E!..1!:!! ~~ OF THE NWl/4 OF See. s
- .----i -- -- -----------... D
..:-- '''':
-'--' ~ I
I I ttl I
t - - .. .
I ~ I
I~ ri' I
I ~ 6-~~ I \:' I~
:i ~f ~ 'f.~ \
~ I~ 7T/ACTNo..]!" I ~ ~
~ N 0
- Il ~ Ii!(" N
'" P I'" Iv N
I ,~ 279050240 Z ~ 'lI \ w
...... NEW 20' U~lITY " ~ (!) 0(
kJ I ORAlNACE EASE""'T I i!( ~ t
I~ I l~ a:~,
~ ~ ~~
tI) , NORlH UNE OF lHE soulH '3.... rr I A I ~ :: :E
or lHE WE5T '23"" rr \IF THE \ I:l Z
I I NWl/' \IF SEe. .. T'oIP, 115, RCE. 22 ~ " 0 9:: ~
FOIRONI>IPt . .. t\ ~A~'g,~tN~ Ill! - ~ z t-
",... ,.... N 89'36 52 E '235.33 , en:;; g: ~::I <(
I ZoO ..J
-. =j-.-. &P'":~ 0..
I ~~O~O r
I en zU a::
o(/] <(
\I~ I LOT 2 I:! ~ G t:i ~
I 'lI I 639.644 SF <( ~ ~ g; ~
~ I II '4.7 AC ~ ll.. l<: :::i
i\j g en~o 0( W
/........,; I II O::GjN~a:::
~ :;l OUTLOT "A" I:! CD::::-ll.. 0..
279060540 :q: 890.352 SF I --f !- NEW 20' U~LITY I< E Z Z 0
(Ij 20.4 AC I i! I I I ORAlNACE EASOltNT I 279050210 - ~?:
I . "t-O U
I NEW 200' WIDE ~ ~~ z W
"-l ,- unuTY &: DRAINAGE' t, - . :r:
I EASEMENT 0 ~ 0 F
. ~ w
~! ~ ~;!:
;g II j:!
I ;; '2]4". I Vi
lerI:PORAR"f CQtISlRucnDM SlOPE' EASEMENT ptR
I EASEWENT PER Doc. No. .0' DRAINAGE. PATltWA1 I t g~ No. 3aTD' " CAD. MDB
T156013 lEl<PlRtS 12/3'/05) "unuTY EASEJ,tENT 1l/,lE: 3/21/06
30' r.OllT BUILDING r..1B",,!,. , . ..c.PER DOC. No. m'Ot3 ::J. _1 .1. _ _ RE\19011S: 4/19/06
. .. ~ .1::::- .aBS.77' - - i=f - - - 5/12/06,5/31/06
5.''3652'' w -1 L _ _ _ 6/15/06 6/29/06
- ../.".. r- f N'PRO'tCDBt:_
Il'",- I-- - - - - - - - - - - - - - - - ---, U1!UlYEASE.E'" QM ASSUIWICf:
- - I . I PERDOCHo.
l I 8 ~ ~r A I RIGHT OF' WAV EASEMEHT ~~~K,.ii' l 32101&'32875....
I . I v J I _ _ ~ PER ooc. NO. T15e013 I I PUBuC RIGHT OF WAY
279050180 I 219050200 I ~ -, !.lJ 1- T! I 271170010 I ~1';."!,:'~' SOO: 1"=100'
272060050 I II 2 \ 1 G, 2,] I 279050130 flf:040B204PP3.DWG
272060060 I I PINEWOOO ~. ESTATeS PRAHMCOLL FIRST ADDIT1DN I POOlCTNO~
I I I - BLOCl\ 1 - I 851 -IBLOCK / .J - -1 I
. 0 101 - - - 8M #' Pi .- ~
tlloHtVA'( H J CON1ROl' __ =-- ~ . ..
. rA rS rllllHIC _ - - '" MNDO\ "(fD CIM) '''''''''' FINAl '''lADr ""A"",e ANn ,,"'s,,'" CON",", lNroRMA~DN U ~
s _ _ - - 6.35 o. "SHENP>-N _._,- .::.,-,--,-,-, , LOT'.727.oo NAXlMWORIVEWAVGllAOE_MX Z 1:
- - C RAILROAD ClRR=73 - - - - :: - - LOT 2.732.00 """'NUN OlTCH <lRAOE . 2.OX _ ::>
- NION PACIFl . -' -:::::::: -:.~ ",,733.53 LOT 3.734,00 NINIMUN llITtll GRAIlE _ 0,21< ... ."
U -~ '~'- n"'" 0 .. .....
-. - -:::::: -'- 'f';" W\..",7~O.~ 131 LF' 24-INCH STORM LOT 4 - 738.QO "AlaNUN SLOPE GRAIlE. 3:1 V :;
'...:. -- - ~ ::: ;:::: - - - ~ ~. -: DRAIN PIPE @ 0.0023 '/' LOT ~ - 738.00 NAJaNUN S1lE DllADE - 2-... Z -'
- .... - - ,- .... (LENGTH INClUDES FLARED N'.'NUN S1lE GRAOE _ I.all _ -:
,'. -' .-' - ( END TREATMENTS AND ."
, '- ,~ SKIMMER STRUCTURE) . :::
~ - - " " BENCHMARKS (BM). . :
---, ", .~,..",
_. . ""--,e. / ...C>....~
\. p'- ~ H'ID... BM #1.) Top of MNDOr cost fron monument stomped "SHENAN". Z c: ;: s: """
., t Elevation = 736.81 feet ....., 1:;:..0
"', .~, ,," . - ""ig:Ss
' '.. " BM #2,) Top of lop nut of '"e hydront In the NE corner of .. .= .:: ~ :;;; I!
' , Shenandoah Drive ond 4.h Street. V .:: ~ ~ Sii! oS
' I \ \ Elevation = 742.86 feet Z ;:.i ~ -; ~
" I '" g ~ g!i
' .~ 8M /13.) Top. of top nut of fire hydrant In the NE: corner of III ~ ::! ~ iE ;.
..., \ I Sarazin Street and 4th Street.
~....., ".. . .~ Elevation =: 754.21 feet
. ,', .. / , """ OUT I~I
,c.. "- .', ' ... - RIM = 734.53 " ., . .
'.. .', \ -, I INV. OUT = 731.0.3 Elevo"ons shown are based an Mmne.o!a HIghway Deportment C:;.rl A'fl"ll ~
"- ...'. \ I -. benchmorks (NeVD 29 Datum) ~ ~ If.
\ \ ,':to,> \ (2' ~
P'I" ,":\'.~ '. I '- T \ , , SILT FENCE
\ \, ' . E '-'" _~
/ \,...'..\ \ _.--.,.~~. S~:D!M T ',~ '~'~,-, '~ INV.=732.6D ~
" " \ ::. i I 0(,,,-_, 81X'RRI. , ~ . ~" SEE ADDITIONAL EROSION
i ;~'.~ 1 /,' ~.) 'f~f Cb ~"" ~ CONTROL OE~IGN REPORT D .
'.'\',' .... X' ,,'---..
\',11 , '," ,'---..
\~II I "- ~ '
\' J! I III ~ ''''r:''-
\ I i I I ','" '. .. ,,_
,I: :'-..._"". -' ~.~. ~ ../'/ l00U'l"'IN"'~ _ ...._ ·
.. :; 1 I I ;!i '" (LEN~IH INCLUDES lWO
;' li'I' INV.=73. 0 /" ~ '---.. " -x-,x-x- . SJ~TFENCE
; ,I /~ 0 ""'---.., "-
'11' " <<>> , ,
I,~l)' 2J g "?\?~ INV.=733.00..,', SCALE
I r1! \ ~,INV.=730.JO 0' 'i)f(... STORM INLET " '., ," = 40'
,'Iii,' ~ S~, RIM = 735.50,. _ _ _ "
, \ \ ' '-
'. \\I\i1\ ,,'NV.OUT=731.09 '_" "'--'"
. '.',~>, \\\~~..... "', '.-_____ "t-",.,,__
- .~, " J \ I, \ \ !f \ '- .. _ _ _
i \', \ \ ,,- ,72 If 30-1 CH PV(f STOR ' "
\ Ij \ / 1- DR 'IN IPE I) .0dlJ. /' .... ...., N
\ ...... , \ ',N
I \ . I .. ". W
" _..J ,. .~........ ...._ (,!)
" ;',v 108 l'-' - \ / '- --. ;z< 5
- _~ ,~ .f'.... "'...... ........
36-fNCH I . ,,' ". ,.... a:: ~a::
-- '\' / ............. (;i .. a..
PIPE @ '. I "_"" ',.......... ~ 5:~
'I ! I '" ...- _~ ..s
0.001 - - - - -. , " .... " Z 1ill1. < ~
I LOT.'. 1 I . .... ',,-, 41iil~6 ~
NE:W"MH I I \: "" ~, , I 0 I!!i e.l 8
/RIM~735.10 I '-. 1 0 'I ........ ".} ~ ~12 ~ z
",-,' INV(IN)=730,51 '-_ ,'- "--,, I " g It:..;::E 0
IN V(OU T)= 730,41 I - r;)~____ · 9-99_ ACRES , a::~!5W ~
I" '" ....-F=w ffi
I I ~~a:s-- _ ':0 t5
-- w ~lll~ 0
I I 41.JL~.!::.:!.~:!.~:!.~:!.~~t:.~~,d~~.!::.:!.~-, ,- \, \{ ~ ~~ili ~
1J/f"~\ I ,'-". " \ \ (I),:~ ~
/, I , .. , I-ST'ATE ,...." \ I 1-;: 0
I \ I I, \ _ g~ <
. " - ,- -- ... , ", 0:
I! I!:= ~.'if: 68 971 S F - I ',\ Cl
" 'r:IS- l - - \ J .. -,. -, ',. " -,_. I ',\ i!:
'~~I~~H ~ \ ...._...._._-._~~O?:.~~~~!:.-~:.. = 739.50---_ _ " SIL T FEN'CE'\ ~
PIPE @ \ r 1 r 1 r -lr -, r -, r 117 -Ir -, r -, r 1 r 1 ... - I 1""-" = - 0 '-.
0.001'1 I ,.-) STORM INLET - I ",,- ~ 0 "-
I ,.- RIM = 737.30 I I ., - _:: '.. _, " "
" "INV. IN =: 733.80 - I' \ CD .., -, -N ' , '.
, I '1 ' .. INV. OUT .. 733.70 i:: ,:f~:>lL. ;:! , ., " CAD HZ
/ ',/ ' -- l_", ,- /"" u> 1- ',.' , 0ATf:' 2-02-06
- .... I ,. -, r n I' ... '-' ".' , IDlSIONS: 4-18-08
.;;\6- ,-- "- I " n, -1 L ~ ~ ' l Z 0 /I "-' 5-12-06 5-17-08
.-.' .... I -- ~- v - "- 6-28-06
., ."-_ ,_---"" ,.-'-" INLET --I t-- I~- Cl 0 . '"
SHlE 11 j + ' I """ SEDIMENT \ ...J q lL.; "- Af'I'IID'tll) fil':_
, ,. / BARRIER _ _ ._ r - - :J 0 It.. 00Iill'11SS\J1WlCt:
/ , I I I (TYP. . . "." "L_ CO C\/
' MATCH LINE.... - I / r r"'\
.....-... "IIII~"''''''_.''' .... ..... ,.. __ . ... ~ _... _.. __ ~ _...... __~ __
., ,..' '. t'" f' 'c~' . n:: "" "...
-'- .. -, 1..-'0 r a..
I - - - - ' ..... -.J ,,:;=:; L fllE: ~t-lSTA~-P\.U
- ,.-::~ I '-lEE 31::i SHEEi: r 83 LF' lB" PVC STORM
,,~EE ;.)' " I;;:;;' ::tf-J.,.-a.- I ~ RAIN PIPE C 0.0026 'j'
..
. II/'(/)
-, r / " _~ /'
.J L '- 'vI Z 0 " "'," /.-'.-'/
&_1 6 0 . "", \ . ...
. I ...J 0 1.1.. '., U :0
~ -.' Z >-
- -, :::> 0 1.1.. ..l:Klre....::
mN - _;
.Q. INV."'735.50 SEE ADDITIONAL EROSION ... ""
--"---1r'-- . ~
Q Z~
....
.;
3 6 STALLS ... ~
15' '25' 100 LF lS-INCH STORM ~ ... ';;' ~ '" 18
X >J DRAIN PIPE @ 0.01 'j' Z .. 3I::::l '"
(LENGTH INCLUDES TWO f,; _ ..... 1 e:; ~
" g.' g g::~
w_ t:= ~\D....
- cD';
:;-:==e...=
INV.=736.50 Z ... .i ....-; go
"em
-,-- ... ~ 85.,8!
'. "l ....., :;:!Aia.;;:
"-, >;j:.:...' l~CAL.fo. II
- - = C ~ :~
NEW MH
RIM = 740 75
"" '" INV.IN=733.B9
~ (NV. OUT = 733.79
~
\ 0
l . Y \
STORM SEWER, EROSION CONTROL FEATURES . . -.; - - '" \ > \
AND PROPOSED CONTOURS THESE LOTS ." --',.. . .
T~:E PRO~OEO "'TH SiTE SPECIFIC, r'B~:nAlS (, L G;:r, 2 ,~ ; ,. .
== """" ~14.6'85 APRES \~""-- ". 0
.,
\
"--, SILT FENCE
.---. I '"
" ---------', .. -----'---,-,-,-./ -i - ---.-'
..... N
N
W
--... --.. ~
- - A39-. - - " _ ~ < Z
_7-3""'- --- -=-_.../....., ~~a:: :5
-- .- --- =-- LaJ lii'!i Q..
-.... ...... I-~- -'
zlilo..,.c ~
-" LaJ iillil'"" F
.-' -- __I' 0 j!!j~ 8
-'-,- ~i5~Z
..... g ~u;~ ~
~"6l:I ~
.-' ... ~!3 15 f5
/ / LaJ lollll ~ 0
/ ... 04, < Z
, .. -< 90 :r: <
' ...m ~
...... .. 8M #2 en ,:~ ~
:; i TOP NUT OF 1. gin ~
'.1' "., FIRE HYDRANT ~
:i.~\i i : ,:1" ~
....'~4-'i-,_, RIM=741.00. ., '//':, CU.'LVFDT , z
- - -- . . 1.1'. J C.IT ..... _
~ - ,.---,----,- -----,--------.-'- , INV(/N)=734.20__ ~~. .;::::-. /NV=734.20 -_____---,,------ ._
1fefx -....'.-::::---=_- - - - --;;;,.,w- -."tTt'Ra>sr$SnS1NV(oUT)=7J4:iO-~ --'---:::-;7..,<:C::._,-a;.,:,- -.-.-.-.,-:;''''_._._ '_._ _._
" ----~-~'SH-- -~::::..---- --:'~;;;----_-:"-h.tp--- .~.s;; -~:W,;;;;r- - -~ '~-.ii,~,~--'''-;-- -- - -F.}-.", - ---ca-----
- -=J""i:<T-- --
~- I ""'~:= EX.CB "'._~,~... EX.CB CDNCCUl8 ,,-<,0"'__, ~ -t/!'XCB _~l~ CAD UK
'1j1}f!.:.1::.P 11 If ~.AL 11/2'. ~I'" RIM=742.66 ,,:. hf-- RIM=741.81 _::~::J?JM=740.90 (~ ooe 2-02-06
- .x,-,-----rt-~.7y__o_:. -- ----- ------- - -----~ REI'ISIO//S:HB-06 ,
:7, .,0 . .; ,. CO IN V= 735. 36 ..,/ CO INV=734.86 // CO IN~;Z.J6.61 ----", -_________________ 5-12-06 5-17-06
-. . tIGC ucc UOC 10. SAN S 6-28-06
CUIi, I 1 -RCPS1S I -RCPSrS 12-RCP rs 1
&F-t---------------EX:~------.:.-E-u;B_---E:>X8= -...:...=E~B_-----____=>>--~ ".. =~~
~ I RIM=7'42.66 R/M=741.81 RIM=740 90 RIM=740.90 18 RCP! _ ~
0:::: I : fNV=7!J8.31 IN V= 737. 66 fN V= 737.'23 /N V= 736. 70 CUL VERT I l!
I- I I A I IN V= 740.30:1: SCIlI: " m 40'
(/) I I fIE: "",.."'.""',,.,,
I ! I I
'.J
. NOTES' .
U '"
- APPROXlMA TEL Y 21.80 ACRES OF OFFSlTE ORAINAGE CONTRIBUTES RUNOFF :-------~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~- :;
TO THE SITE, THE EXISTING 36" RCP CULVERT FLOW WILL BE ROUTEO Z >-
~ST TO A NEW OETEN'lION PONO ON LOT 4. GO
- TOTAL RUNOFF FROM THE SITE = 8.88 Cl'S ;:
.., TOTAL AllO~O RUNOFF FROM THE SITE ,. 16,97 CFS - ..
- TOTAl RUNOf"F FROM Of"FSlTE = ;'5.53 CfS Ill""
- TOTAL ALLOWED RUNOFF FROM OFFSITE ,. 7,27 Cl'S .~
- GROSS AREA OF THE SUBOIVlSION ,. 50.9 ACRES
- GROSS AREA OF THE OFFSITE DRAINAGE = 21.80 ACRES A-._ l...... Z.::
"'1lfoMIioo "".1\
::.-: ~:-a '=~ II _c:
- SEE THE PRElIMINARY ORAINAGE REPORT FOR THE --
................. IUII..II --;
STORM WATER CALCULATIONS _~I>>o.>>" ---------
...-~_Dll"
III ...
GO
11I.=>",
------, Z a) ;;N,t!J
c:: :=,,,,,
-------------=-,~~.~:.'=;:~ ,..' ..' EMERGENCY OVERflOW I.a..& ~:;-o
RD\11E FOR 100 "EAR i ~]j~:g
STORM (TYPICAL) .- ,:;~..a....
.......Il:: 00';
SCALE Z -;; t:E~.5
"" ':g.~
_------ L!!!!!!'!--- "', 1" = 100' ... ~ 8iS IS S'
v :2=E
-------------~=~:--,-'-=~==----------- ".~. ~ BENCHMARKS (BM) II
-- --' ----- ~" ~ .M II.) Top of MNDOT cost Iron manum."t stamped "'SHEHAN".
-,-,--- -------- ~., ~ \ ElevoUlll'1 - 738.81 feel
" . ---1- '< X ~ '. .M 12.) Top of top nllt of fire hydrant WI the NE: corner of
----0 ' "-- ~, ~ /- Shenandoah Drive ond 4th Street.
I i \ ~'~., EI,va\iOl\ - 142.B8 feet
8M 13.) Top of top nut of fire llydrQllt In the NE corner of
Sarazin Street and 4th Street.
, I ,. Elevation: _ 754.21 fu\
I .
1 I "-. ". Elevations shown Of"6 boftd '01'\ Minnesota Highway Deportment []
I I ...-,'. OR~7'05 OfS '. ~""" benchmark. (NCW 29 Datum) ,
I : p T ION 5...', 'r "'.
, I E X C [ / LOT'''1 '"
r I 0 J ,"
1 I TRACT N . -,' .
I I .
I I , , []
_J I ,.
_-------) 1 SHAKOPEE PUBLIC UTlUTlES , ,:
1 I ',-"
I I
I J
I 1 \ ;..
! ii, "-~~:~~~J:,-~~:::~---~~~-i.~-.i~:j--\-
N
N
1 l~.I, , ,."", ,"" ~ 127:1 '-' . ~
'I' , .~ ~-- . tQ.IM.-owI: GVII..Ef I . I} . ~ 1 - I CFS
: ': J{ \ / / \ J::U1l2RE"~REA -bors ".,~;,.:::*~ _I CF~ it '" r____ . . \> ~'I " . i l 't I z
, I, ';, , / '--_~""'_1O"'~ ""~""'_ . . ,- ---.~/-. G'lUtttlll!llf1J::'"~ UI !!Cl <
~ t5ll: Z
I I ,I: L_.f4. .... /' ,/ r~.._~-~I: '~(TO BS-SHO'HN"ON .-..-----=:,.-=. II.!O..... -...-----:---~---- ----." kI i1Illi :5
I .+ ~,r;,~ ..- .,/ i \ ! ru,RE ~Jlt.lIl:T~LS)__.."..-:::,:=-;,;m~,: ",.; ... 6iijrr':~":i":lT to- ~:::
Z 15D..< D..
l-
I I ~~:l'; : --,' '. .': . ,-." '. '. ,,'" ". '" 'J II ru kI iillll5 l5
I ,tl~:,fll\~ / .."'..,~...// ../.., '...._. ".. ...., .~";f:. . ..........."'... '.....: ~ .. ('i".. ~ O~H)
I I ",.'.1\ '. ;/ FUTURE ,.' /: (';IITI ,y "." ..,,--.-' "', : __ == ,,, t lW 2 \ ~
t I.,. "P' --~ ~........ ...~""'" '-' _ '._! ,J-,. ...----., \ ...~---... ----.. " \ ' . '. ~~~~
I ~' ".' "- ,"', .-,' -----, ---,: - .... , 14685 '.C '-
J 'y, rl(\IDEVE~'CHvlENT'\ \' \' ; :' E\q:i '5) -'''T "----'"__h'.. ... '. ==" ,..--' 'o' . R",RE. ',. o CIl '5E <
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lMlf: 2-02-08
I t t mONS: 4-17-06 .\
1.5 ACRES 5--12-08 6-28-06
KC HALL 6.9 ACRES
BITUMINOUS PAVEMENT 9.6 ACRES 3.8 ACRES J RESIDENTIAL DEVELOPEMENT
CEMETARY OPEN FIELD JI'PR(M/) 11(:
PER~OUS - OPEN SPACE PERVIOUS - OPEN SPACE t 0lWJ1Y ASSIJ~
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Conditions for {..State's CUP
Julv 17,,2006
Residents of Pinewood Estates and Prairie Bend, respectfully request the Shakopee
Planning Commission to review the following recommendations for conditions to be
placed upon I-State Truck Center if they are granted a Conditional Use Permit to allow
truck sales/service:
1. Proposed building layouts should be revised to require the corporate office facility to
be nearest 4th A venue and the Power Systems building should be moved farthest from
the existing residential area.
2. Allow one access from the proposed development onto 4thAvenue for emergency
vehicles only (i.e. ambulance, fire truck, and police car).
3. Shall provide a 70 foot deep outlot along 4th Avenue (consistent with the residential
outlot of Pinewood Estates), providing additional tree and vegetation plantings in
place of removed trees and vegetation.
4. Shall provide a solid tree/bermlfence screen along 4th Avenueto buffer this
development from the adjacent residential development consisting of; 8-10 foot
White Pine trees before a 6 foot cedar fence, and 15-20 foot relocated White Pine
trees behind the cedar fence. The natural screening will receive care for growth
throughout the 1 st year by a professional watering and care service.
5. Shall not operate any sales or service between the hours of 6:00 p.m CST - 7:00 a.m
CST, Monday through Sunday. An emergency skeleton staff is not allowed.
6. Shall conduct sales and service within an enclosed structure (all service bay doors
closed unless a vehicle is entering or exiting).
7. Shall provide signs at the comers of 4th Avenue and Shenandoah and Highway. 1 01
and Shenandoah, indicating "Main Entrance".
8. Shall keep all outdoor garbage dumpsters in an enclosed structure and screened from
visibility at all times.
9. Shall sell products only within the principal structure.
10. Shall have no outside storage or display or accessory structures.
11. Shall not store any vehicles which are unlicensed or inoperative for more. than seven
days; beyond seven days, an unlicensed or inoperative vehicle will be considered
"abandoned" and may be impounded by the city.
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12. Shall have no on street parking; trucks and automobiles are not allowed to be in a
parked position along the shoulder of Shenandoah Street or 4th Avenue.
13. Every exterior surface which has had a surface finish such as paint or stain applied
shall be maintained to avoid noticeable deterioration of the finish. No wall, fence or
other exterior surface shall have peeling, cracked, chipped or otherwise deteriorated
surface finish.
14. The emission of smoke or particulate matter is prohibited where such emission is
visible or can be smelled beyond the property line.
15. Odors: The emission of odorous matter in such quantities as to be readily detectable
beyond the boundaries of the immediate site is prohibited.
16. Vibrations: Any use creating periodic earthshaking vibrations shall be prohibited if
such vibrations are perceptible beyond the boundaries of the immediate site.
17. The city of Shakopee reserves the right to amend and add conditions to the
conditional uses as amenities are added.
18. Property values will be guaranteed (in writing) as such that the property values will
stay even with other comparable properties in Shakopee of similar lot size, with
homes of similar finished square footage and/or total square feet, as well as year
built.
19. I -State Truck Center shall not repair or service more than 2% of vehicles from model
year 1998 or older.
20. Shall have no trucks or automobiles idling for more than 15 minutes.
21. I-State shall be required to have. a back road, leading through their property owned,
from Shenandoah Street to Sarazin Street.
'\ fage I of2
;r. t JEJrf'Y .& ParleOEJWilUams ... .- -.-. ,.. ~
From: "Jerry & Darlene Williams" <jdwilliams@usfamliy.ner.>'
Sent: Monday, July 17, 20062:27 PM
Gentlemen, Thank you for allowing me to speak today.
My name is Jerome Williams. I am a citizen of Shakopee and a taxpayer. I live
across the street from this proposed development.
I join my neighbors in opposing this matter, and I am asking you to vote this matter
down. There are numerous grounds upon which you could and should reject this
application.
In addition to the other issues raised by (i) our attorney, (ii) other concerned citizens
and (Hi) the city staff themselves, I would like to highlight the following:
The storm Water Ponding Issue Has Not Been Adequately Studied and
Resolved. I-State is trying to get their development approved without resolving this
very important issue. The city staff and the attorneys for I-State themselves admit
this issue remains open. Who will pay for these ponds?, where will they be
located?, how will they affect the neighbors?, why did the lawyer of I-State try to
sweep this issue under the rug at the Planning Commission meeting? This issue
along with adequate sewage and drainage may need to be readdressed by the City
Engineer after I-State redesigns their latest plan. The City Counsel should not
approve this application until this ponding issue has been properly addre~sed.
The Process of Approving This Matter Has Been Seriously Flawed. We have
not been given an adequate opportunity to speak and be heard: (1) time and again
our opportunity to speak and provide opposition evidence has been limited or
denied, (2) we have not been given access to the same information and time
provided to I-State, (3) the City Staff has been biased in favor of I-State, and (4) we
have not been given proper notice of important events and meetings. This flawed
process has denied us our due process rights under law which is a breach of every
city, state and federal law that I am aware of. Its so fundamental to the way we
work in American that its written into.the Constitution.
7/17/2006
"/' ' " Page 2 of2
The Planning Commission Breached Their Fiduciary Duties. The Pfanning
Commission members made up their minds before listening to all of the evidence
and all sides of the issues. Just look at the tape of the July 6 Planning Commission
Meeting. It clearly shows that their minds were fixed, not open: (1) their approval
was a foregone conclusion, (2) they were not listening to us and (3) they did not
become adequately informed about the important issues surrounding this matter.
With all due respect to each and every member of that body, we deserve better.
Without listening, how can they make a properly informed decision?
The Application Before this Body Does Not Contain Adequate Conditions
Designed to Safeguard the Neighbors. Our lawyer's opinion clearly states the
minimum conditions that must be written into any CUP in order for it to be
acceptable. For example, why is there no earthen berm required? And why is I-
State not required to located the generator repair building as far away as possible
from neighbors' homes? The 53 page publication from the American Lung
Association tells that the power plants and off road power generatiors do not
have any type of federal regulations. This was sent to you by.e-mail on June 10,
2006. Why are there no regulations limiting the pollution that this type of operation
can generate? Please don't let I-State locate that generator repair building right
next to our homes. Please require them to redraw their plans and locate that portion
of the development in the Northeast comer of the property.
The Blasting That J Assume Will Be Reguired Will Damage Our Homes. This .
situation will cost the neighbors/the Ballroom, theKC Hall and the fragile buildings
of Murphyis Landing tens of thousands of dollars, if damaged; will force us to seek
redress in civil court.
Gentlemen, please vote against this matter. As you all know, there are literally
hundreds of other sites in our city that are better suited for this development. The
neighbors of this project are not anti-growth, in fact we welcome I-State to our town.
Please just locate your operations in the proper zone, away from residential living
areas.
I want to thank you again for the opportunity to speak today. We respect the work
that this Council does on behalf of the citizens of Shakopee.
I ask that my statements be written into the record of this meeting verbatim and for
that purpose I have an extra copy for your use.
7/17/2006
<'
COMPARISONS OF PROPOSED 1- STATE TRUCK CENTER'S
ENTRANCE I EXIT VS SIMILAR INDUSTRIES IN SHAKOPEE
SAVAGE & BURNSVILLE.
NORTH STAR AUTO AUCTION
VALLEY INDUSTRIAL BLVD N. SHAKOPEE MN
3 ENTRANCES I EXITS (1 TRUCKS ONLY) ENTRANCES
DO NOT CROSS SIDEWALKS OR BIKE PATHS
DISTANCE TO CLOSEST RESIDENTIAL AREA 1 PLUS MILES.
BRAMBILLA RECREATIONAL VECHILES
VALLEY PARK DRIVE SHAKOPEE MN.
RV SALES SERVICES RENTALS
TWO ENTRANCES I EXITS
DO NOT CROSS SIDEWALKS OR BIKE PATHS
DISTANCE TO CLOSEST RESIDENTAL AREA 1.5 - 2 MILES.
BRAMBILLAANNEX (FORMERLY HASS WOODWORKING)
VALLEY INDUSTRIAL BLVD SHAKOPEE MN
RV. TRAILER SALES
1 ENTRANCE I EXIT
DOES NOT CROSS SIDEWALK OR BIKE PATH
DISTANCE TO CLOSEST RESIDENT AL AREA 1.5 - 2 MILES.
ST. JOSEPH EQUIPMENT CO.
CO RD 101 SHAKOPEE MN
CASE CONSTRUCTION EQUIPMENT SALES SERVICE REPAIR
ONE ENTRANCE I EXIT
DOES NOT CROSS SIDEWALK OR BIKE PATH
DISTANCE TO CLOSEST RESIDENTAL AREA 2 - 2.~ MILES
BUY RITE AUTO I SOUTH SIDE TOWING I COMM. FLEET SALES
MOBIL RELAY (FORMER NO. STAR AUTO AUCTION)
STAGE COACH ROAD
TWO ENTRANCES I EXITS
DO NOT CROSS SIDEWALK OR BIKE PATH
DISTANCE TO CLOSEST RESIDENT AL AREA 2.5 - 3 MILES
ZIEGLER CAT
STAGE COACH ROAD.SHAKOPEE MN
POWER SYSTEMS RENTAL, SERVICE TRUCK ENTRANCE
2 ENTRANCES I EXITS
DO NOT CROSS SIDEWALKS OR BIKE PATHS
DISTANCE TO CLOSEST RESIDENT AL AREA 2.5 - 3 MILES
~.I)' Db -\~~~ stftc.~ PUWtf eR...
(""- :,
ZIEGLER - RENTAL STORE
ST AGE COACH ROAD SHAKOPEE MN
CONSTRUCTION EQUIPMENT, USED EQUIPMENT AL RENTALS
2 ENTRANCES I EXITS
DO NOT CROSS SIDEWAKS OR BIKE PATH
DISTANCE TO CLOSEST RESIDENT AL AREA 2.5 - 3 MILES _
ZIEGLER
STAGE COACH ROADSHAKOPEE MN
USED EQUIPMENT PARTS
1 ENTRANCE I EXIT
DOES NOT CROSS SIDEWALK OR BIKE PATH
STERLING - WEST AR
HWY 101 FRONTAGE RD SAVAGE MN
HEAVY TRUCK SALES SERVICE -REPAIR
ENTRANCE/EXITS WYOMING AVE 2, HWY 101 FRONTAGE RD 2,
WEST 12STH STREET .
DO NOT CROSS SIDEWALKS OR BIKE PATH
DISTANCE TO CLOSES RESIDENT AL AREA 2 MILES
VERMEER EQUIPMENT
DUPONT AVENUE BURNSVILLE MN
HEAVY EQUIPMENT SALES RENTAL SERVICE REPAIR
1 ENTRANCE I EXIT
DOES NOT CROSS SIDEWALK OR BIKE PATH
DISTANCE TO CLOSEST RESIDENT AL AREA 2 PLUS MILES
YELLOW FREIGH TERMINAL
DUPONT AVE BURNSVILLE MN
TRUCK FREIGH TERMINAL
THREE ENTRANCES/ EXITS (1) CLOSED W/CHAIN LINK FENCE, ONE IS
EMPLOYEE PARKING ONLY 1 TRUCK ENTRANCE
NONE CROSS SIDEWALK OR BIKE PATH
DISTANCE TO CLOSEST RESIDENT AL AREA 2 PLUS MILES.
SWEENY BROS TRACTOR INC.
DUPONT AVE BURNSVILLE MN
HEAVY EQUIP SALES SERVICE REPAIR PARTS
2 ENTRANCE/EXITS
DO NOT CROSS SIDEWALK OR BIKE PATH
DISTANCE TO CLOSEST RESIDENT At AREA 2 PLUS MILES
.
<"- -.
-.
ASTLEFORD INDUSTRIES
DUPONT AVE BURNSVILLE MN
INTERNATIONALTRUCK SALES SERVICE REPAIR
ENTRANCE /EXIT 1 DUPONT AVE,1 LADYBIRD LAND, (PADLOCKED)
DO NOT CROSS SIDEWALK OR BIKE PATH
CLOSEST RESIDENTAL AREA 2 PLUS MILES
R D 0 EQUIPMENT
DUPONT AVE BURNSVILLE MN
HEAVY JOHN DEERE CONSTRUCTION-EQUIPMENT
SALES SERVICE REPAIR
ENTRANCE/EXITS 2 DUPONT AVE, 1 LADY BIRD LANE
DO NOT CROSS SIDEWALK OR BIKE PATH
CLOSET RESIDENT AL AREA 2 PLUS MILES
CATCO
DUPONT AVE BURNSVILLE MN
PARTS SALES SERVICE
2 ENTRANCE/EXITS
DO NOT CROSS SIDEWALK OR BIKE PATH
CLOSEST RESIDENT AL AREA 2 PLUS MILES
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~ Planning Commission Synopsis
June 6, 2002
CALL TO ORDER
Chairperson Knutson called the Planning Commission Meeting to order at 6:00 p.m. on June 6, 2002 in the City
Council Chambers of the Bloomington Municipal Building.
COMMISSIONERS PRESENT: Knutson, Schneider, Lewis, Peper, Sathre (arrived @ 6:01 p.m.), Spencer (arrivl
6:06 p.m.)
COMMISSIONERS ABSENT: Iacovo
STAFF PRESENT: Hawbaker, Pease, Markegard, Hase
ITEM 1
6:00 p.m.
CASE: 10541A-02
APPLICANT: City of Bloomington
LOCATION: 1700 West 98th Street
REQUEST: Conditional use permit and final site plan and building plans for a public safety radio
APPEARING FOR THE APPLICANT:
No one.
SPEAKING FROM THE PUBLIC:
No one.
DISCUSSION BY THE COMMISSION:
Pease presented the staff report recommending approval of a conditional use permit and final site and building
plans for a public safety radio tower at 1700 West 98th Street subject to four conditions and five Code
requirements. He added there is a minor change in the site plan with the moving of the fuel tank location.
ACTIONS OF THE COMMISSION:
M/Lewis, S/Schneider: Having reviewed the Findings in Section 19.22(3)(A), (B), (C), (D), (E), and (F) and
Section 19.40.12(d)(1}, (2), (3), (4), and (5), in Case 10541A-02 to recommend approval of a conditional use
permit and final site and building plans for a public safety radio tower at 1700 West 98th Street subject to four
conditions and five Code requirements. Motion carried 5 - O.
CONDITIONS OF APPROVAL RECOMMENDED BY THE COMMISSION:
1. The plans submitted for permit approval shall clearly state and show the height of the tower as not
exceeding 170 feet (including antennas and any other appurtenant equipment), accurate site plan with
dimensions of the lease area, setbacks and equipment;
2. Site plans and building plans for the other co-users of the facility must be submitted and may be
administratively approved;
3. Any security lighting for the base of the tower and lease area shall be shown on submitted plans and shal
be as approved by the Planning Manager;
http://www .ci.bloomington.mn.us/meetings/pc/ synopsis/2002/060602pcs.htm 4/28/2006
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does with his.. Peper asked if the pool is vinyl. Curtis confirmed. Peper asked if there are rules regarding the
drainage for pools. Hawbaker stated the pool cannot drain into the storm sewer.
ACTIONS OF THE COMMISSION:
M/Sathre, S/Lewis: Having reviewed Case 10588A-02, recommend that Condition #7 of Case 9836B-91 be
amended to read as follows:
7) Provide a 50-foot rear yard setback for all principal and accessory buildings on all lots abuWng reserved right-
way for West Old Shakopee Road. Motion carried 6 - O.
M1Sathre, S/Schneider: Having reviewed the Findings in Section 2.98.01 (b)(3)(A),(B),(C) and (D), inCase
105888-02 to recommend approval of the requested variance to reduce the rear yard setback from 30 feet to 20
feet for a pool in the rear yard at 8320 West 109th Street subject to three conditions. Motion carried 6 - O.
CONDITIONS OF APPROVAL RECOMMENDED BY THE COMMISSION:
1. The pool or the retaining wall will not encroach on the drainage and utility easements of record;
2. The proposed fence location be approved by the City Engineer; and
3. Grading, drainage, utility and erosion control plans be approved by the City Engineer.
****
ITEM 7
7:16 p.m.
CASE: 10587 A-02
APPLICANT: Robert Nelsen
LOCATION: 7301 Bush Lake Road
REQUEST: Variance to reduce the rear yard setback from 30 feet to 25 feet for a swimming pool
APPEARING FOR THE APPLICANT:
No one.
SPEAKING FROM THE PUBLIC:
No one.
DISCUSSION BY THE COMMISSION:
Pease stated the applicant has withdrawn this application based on the fact that a complying location on the site
was chosen instead of the area requiring a variance.
****
ITEMS
7:17 p.m.
CASE: 6015A-02
)t APPLICANT: Interstate Companies, Inc.
LOCATION: 2501 & 2601 East 80th Street
REQUEST: Conditional use permit to construct a hotel, including office space
APPEARING FOR THE APPl..ICANT:
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Lee Henderson, 420 North 5th Street, #864, Minneapolis
SPEAKING FROM THE PUBLIC:
No one.
DISCUSSION BY THE COMMISSION:
The following is a verbatim account of the discussion on Case 6015A-02.
Knutson: "Item number 8 this evening is Case number 6015A-02. The applicant being Interstate Companies, Inc
at 2501 and 2601 East 80th Street, requesting a conditional use permit to construct a hotel including office spacE
May we have the staff report?"
.~ ~awbaker: "Yes, Mr. Chairman. The applicant is requesting a conditional use permit for a 380 room hotel which
Includes a 350 seat restaurant, 2400 square feet of ballroom and a meeting.room space. Building height is
proposed in the narrative as 145 feet. The total area of the two parcel is about 6.37 acres. The proposed total
parking would be 850 spaces, 150 surface parking spaces and 700 spaces in a five level parking ramp. The brae
general concept plans have been submitted including a site and landscape plan, the hotel view from across Eas1
80th Street, ground floor plan, mezzanine floor plan, basement floor plan and typical floor plans on levels three
through fifteen and a typical room layout. The building would be located in the center of the site with the parking
structure located in the southwest portion of the property. According to the site and landscape plan, there would
four access points to East 80th Street. The site plan and landscape plan show two retention pond areas, grading
and drainage, utility plans have not yet been submitted. The proposed project, basically a full service hotel, is
located within the Airport South area about, approximately south of their runway protection zone and within the
proposed State Safety Zone A that are being considered for the Minneapolis-St. Paullntemational Airport runwa
1735, now under construction by the reconvened MSP Airport Zoning Board. The properties involved in the
request are zoned 1-1, Limited Industrial Park and have a current comprehensive land use plan designation of
Employment Oriented Mixed Use. The request for the conditional use permit would establish, if approved by the
City Council, hotel use for the property. The applicant was advised at the Development Review Committee of
February 12, 2002 and a correspondence dated February 6, 22, March 22 and 25 that the hotel use is not
consistent with the current comprehensive plan land use designation of Employment Oriented Mixed Use and th;
a comprehensive plan amendment to that classification that permits the hotel development would be needed.
Additionally, the plans accompanying the application are very broad and generic and an initial staff review would
indicate that the hotel development as proposed by the applicant would need four variances. Three for setbacks
and one for a major reduction of the parking requirement. The current comprehensive plan land use guide, the
Comprehensive Plan 2000, notes that for the Airport South area the previous land use guide plan designations c
carried forward and applied to the area. The current land use designation is Employment Oriented Mixed Use,
which also the designation contained in the Airport South District Plan. The current land use designation of the
Comprehensive Plan is Employment Oriented Mixed Use, that designation is described as follows in the Airport
South District Plan. Quote, "The Employment Oriented Mixed Use area is intended to be the primary employmer
base in the Airport South District. Offices and uses accessory to offices will be the principle uses. Uses serving tl
needs of employees, such as auto maintenance and servicing should be encouraged, provided they are integrat.
as part of a larger development". In the Airport South area, an appropriate land use designation for a hotel
according to the Comprehensive Plan Land Use Guide Plan and the Airport South District Plan would be the
Service Oriented Mixed Use designation, which specifically provides for hotel land use and is described as follov
in the Airport South District Plan. The Service Oriented Mixed Use area is primarily intended to provide services
travelers. Hotels and restaurants are the most important uses in these areas, however, offices and uses accessc
to hotels and r~staura!lts are appropriate. Other service uses such as service stations are appropriate when the~
are an accessory use to an integrated development.
http://www .ci. bloomington.mn.us/meetings/pc/synopsis/2002/060602pcs.htm 4/28/2006
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The applicant states in the narrative that the Fairfield Inn conditional use permit request, the property directly we
of the subject property, that the City Attorney concluded that there was no conflict between a motel project and tI
comprehensive plan, this is incorrect. The City Attorney noted that a conflict between the use and the
Comprehensive Plan, but based on the state law at that time, advised that the zoning superceded the
Comprehensive Plan. The City Council approved the Fairfield Inn conditional use permit in 1993. In 1995, state
law was changed making the Comprehensive Plan controlling if a conflict existed with the zoning. The City
Attorney's position on this matter is included in the March 25, 2002 letter to Mr. Henderson from the City Attome~
David Omstein. The proposed land use plan is in conflict, or the proposed use is in conflict with the
Comprehensive Plan Land Use Guide Plan and the Airport South District Plan Land Use designation. A hotel is
not an appropriate conditional use for the subject properties. The Staff can not affirm the two conditional use
permit findings in Section 19.40.11 (b)( 1) that the proposed use is not in conflict with the Comprehensive Plan an
in Section 19.40.11 (b )(2) that the proposed land use is not in conflict with an adopted district plan for the City.
Therefore, Mr. Chairman, in Case 6015A-02, the Staff recommends denial of a conditional use permit for a hotel
based on the inability to make the findings stated. That concludes the Staff report."
Knutson: "Thank you, Mr. Hawbaker. Are there questions of Staff? Seeing none, is the applicant present and
would they like to be heard on this item? Again, if you could kindly sign in and state your name for those observil
on cable at home."
r Henderson: "Good evening, my name is Lee Henderson and I am an attorney in Minneapolis representing Gord(
* and Penny Galarneau and Interstate Companies, Inc., who are the property owners and the user of the property
do have a short letter that I have prepared today in response to the staff report which I Just gotten, if I could
provide that to the members of the Board.
You have with the letter, an aerial photograph that will give a view of where this particular property is. And I don'l
know if you can see it on the screen or not, but it's the last page of your letter as well. And the two properties are
adjacent to each other are outlined in a yellow marker right there on East 80th Street. You see the Fairfield Inn a:
the property immediately to the west, the Mall of America is a block to the south and the existing Grand Hotel is
right across the street, Sheraton Hotel is a block up to the north and the Exellnn, I believe, is right here, so there
are several hotels right in the immediate area.
We are coming not seeking final building permit approval to build the hotel, we are coming seeking only the
issuance of a conditional use permit under the Code so that over the course of the next year we can finalize the
building plans and come back with something to build. We have provided a generic description of what we
contemplate for the hotel and then We'll supplement that with the details. Mr. Nestingen, the architect who has
designed the basic layout, is here if there are specific questions with respect to that. It is our intention in the cour
of the final project plans to deal with all of the proposed variances that have been raised and we think we can
satisfy all those in the final building design and layout. Now the real issue is, can we get our conditional use pern
for this property and that is a argument or an issue that relates to part what was done in 1993 and in part looking
at the particular zoning code as it exists today.
Interstate is a large business, operates 22 buildings in eight states, this property happens to be their corporate
i headquarters and their largest branch. It IS ,:-h~a~ mdustnal application, they have a Detroit Diesel distributorSh
and a Carner Transport trucking retrlgeratlOn olstnbutorshlp, both of which operate out of this property. They ha'v
been mere for 2:> years and. were probablY there before anymmg else was mere to the south. 1 hey have operate
in this location for a long time. With the development of the Mall of America and its success, they began to realiz
that running diesel engines, large trucks and buses in and out of this facility is probably not the best use for this
?k property in the long haul and th9t qver time it probably should be something that would accommodate or
compliment the Mall of America. And they began some thought processes about what that should be and
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concluded that a hotel was probably the best use given that there is a hotel next door, across the street and a
couple more immediately to the north. They proceeded to file the initial request and have gotten the staff
recommendation, we have to go back and do a Comp Plan amendment, we don't think we need to for a couple (
reasons and most of that arises out of what happened in 1993 with the Fairfield Inn.
The Fairfield Inn was originally a, I believe it was a Marriott building, it was a Marriott food service building, an
industrial type application, the building looked a lot like the Interstate buildings part office part warehouse. And tt
Fairfield Inn came in 1993 and said we want to buy this building and we want to put a hotel there. The staff
recommendation at that time was exactly the same. Go make a Comp Plan amendment request and do it that w;
as opposed to a conditional use permit. The Council for the Fairfield Inn came back and said, "Wait a minute, W€
don't have to do that. A conditional use permit is a permitted use in an industrial zoned area and its also consiste
with the Comp Plan designation of Employee Oriented Mixed Use." The staff report today says that the initial
application in 1993 was approved because of what was perceived to be a conflict in the law and prior to 1995, if
the Zoning Code was one thing and the Comp Plan was something else, the Zoning Code controlled and now it'l
the reverse. After 1995, if the Comp Plan and the Zoning Code are inconsistent, the Comp Plan now governs. TI
problem is if you go back and look at the Fairfield Inn application form and actually the Planning Commission
report from that application, there is nothing in there about a conflict between the Zoning Code and the Comp
Plan. And I have quoted in my letter, a couple of things that have come directly out of that report and it says that
the City Attorney has also reviewed the Comprehensive Plan consistency question and concludes thaUhe
proposed use in not in conflict with the Comprehensive Plan. And then again later in the report, this item was
continued to allow time for review by the City Attorney. The City Attorney has concluded that there is no conflict
between the proposed motel. project and the Comprehensive Plan designation of Employment Oriented Mixed
Use. And then at the end of the report, it says the City Attorney notes that even if the wording in the
Comprehensive Plan is at best ambiguous, the Minnesota Supreme Court is ruled that such ambiguity must be
interpreted in favor of the property owner, therefore the City Attorney believes that a denial of the application
premised on the proposed projects conflict with the city's Comprehensive Plan is not likely to be upheld if the Cit
is sued. And as a result of that, the Planning Commission approved the request for a conditional use permit as d
the City Council and the Fairfield Inn was built. Now that Fairfield Inn is within 20 feet of our property, it is exactl~
to the west of us. We looked, can look right into the windows of the hotel and so we are asking for the same
treatment today to be given the conditional use permit and the authority to go forward.
One of the unknowns that floats around this, is what's happening at the airport."
Knutson: "I would appreciate, Mr. Henderson, if you would address the later part which is what the City Attorney
said changed from '93 to '95 and if it specifically said it there is a conflict the Comp Plan dictates so meant to
eliminate the ambiguity."
Henderson: "Sure. I don't disagree with the City Attorney's analysis that if there is a conflict today between the
Zoning Code and the Comp Plan, Comp Plan generally governs. Now, if you look in your Comprehensive Plan,
there is language that says if there is differences or discrepancies between the Comp, either the Comp Plan in
more than one place or the Zoning Code in more than one place, if there is a single use that is the same in both,
then they are construed as consistent. Now if you look at the industrial zoning, offices and appropriate
classification, if you look at the Mixed Employment Oriented, whatever it's called I can never remember the four
words, the Mixed Employment Oriented Mixed Use, Mixed, that also has office as a permitted use. So even if yo
are looking at the Comprehensive Plan today, you find a common use in both the Zoning and the Comprehensiv
Plan.....
Hawbaker: "But you are not proposing office use."
Henderson: "There is a floor of offices proposed in this hotel, if you look at the application."
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Hawbaker: "Well, it doesn't make your primary use offices."
Henderson: "No, but the Comprehensive Plan says if the common use exists in both categories, the two
categories should be construed as being consistent."
Hawbaker: "Which isfine for the office use. You come in with an office building, we'll treat you differently."
Henderson: "Well, I suspect that. The issue, the real issue is in 1993, the City Attorney didn't find there was a
conflict between the two. City Attorney said there is no conflict. Wrote it down on a piece of paper in front of the
Planning Commission. That is what it says, there is no conflict between..."
Knutson: "I understand, but I come back to 1995, forget about 1993, I think that has been concluded. But the Ci~
Attorney has said 1995 legislative action changed that and said..."
Henderson: "Now let's stay back from changed the presumption. Legislative action did not change whether or nc
there was a conflict. Still have the same two Zonings and Comprehensive Plan classifications. You have an
Industrial zone and you have the Mixed Use Employment Oriented Mixed Use category. Same two categories
exist today that existed in 1993. So the question is, did the change in that law somehow change what this Board
should do? And the answer is no, if there is no conflict, it didn't change anything. And you have already
determined with respect to the Fairfield Inn that there was no conflict."
Hawbaker: "Well, except for we are not dealing with 1980 Comprehensive Plan now. Which was what was in effE
in 1995. I direct your attention to page two of Mr. Ornstein's March 25 letter, that is the last attachment in the sta-
report, to the last paragraph, "...because it is clear to me that Employment Oriented, Mixed Use as defined in the
Comprehensive Plan 2000 does not permit hotel development, your clients will need to amend this classification
order to build the proposed hoteL" That pretty succinctly states the. City Attorney's opinion here."
Henderson: "It may, the question is whether it is right in terms of what has happened in the past and what we arE
entitled to do going forward. There is a question over here."
Knutson: "Commissioner Spencer?"
Spencer: "Mr. Chairman, Mr. Henderson, I would like to focus on this more recent letter to you, what I guess is
your former law firm of March 25th. You may have it."
Henderson: "It's in the materials that were left back here."
Spencer: "You can use my copy because I have had a chance to, actually review your letter but I'll hand you the
one that was referenced, particularly last paragraph. You know if we were a court, we might take a look at your
advocacy and use of precedence and use of applicable law and which way ambiguities are being resolved and
compare it to Mr. Ornstein's and try and decide which is better. But would you agree with me that as, if you want
say clients, with Mr. Ornstein as our attorney, and relying on him as we do for advice, that if we follow our
attorney's recommendation here, there is no way we can make the findings that are required to approve your
application?"
Henderson: "That is probably true if you are going to follow his recommendation that that is what he believes is
true because that is what he said. Whether that, and I guess I didn't come here tonight expecting you to do
anything different. But we need to get our position on the record as to what it is and where it is. II
Spencer: "Oh, I understand that."
Henderson: "Because in a lot of ways whaLif you step back from this and say let's assume there is no airport
runway expansion and the airport is there as it is and they are not going to build another runway. My guess is th<
the City of Bloomington woulc.f b~ d~lighted to have a first-class luxury hotel a block away from the Mall of Ameri!
and everything that could be done would be done to get that project here because the taxes on this parcel would
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triple from what they are today. So what's really driving this, is not whether or not the Comprehensive Plan says
yes or no, it's the feaf of what happens with this runway. And our objective is to establish what we are entitled to
do with this property. Because that runway might never get open."
Spencer: "So if this group were to chose to follow our attorney's recommendation as succinctly stated in the last
sentence of the letter that is in front of you of March 25th, this would essentially be a step in your exhaustion of
administrative remedy so that you could find a court to see who is right."
Henderson: "To see if we are right, yeah. Yeah, I meant, this is a step of the process and we may be right, we m
be wrong, we got to go through this process and the next one and the next one."
Knutson: "Along that line, one of the recommendations consistently has been why don't you request the change
the Comprehensive Plan? Why hasn't that ever been undertaken?"
Henderson: "Because we don't think it is necessary as we read the...what has happened. And think about this fr(
the client's standpoint, he has been in that space for 25 years, he has a hotel across the street, he has a hotel fh
feet away from him to the west that went through exactly the process that we are standing here today doing and
he is being told he can't have it today. The Fairfield Inn could have it."
Knutson: "Isn't the hotel across the street coming down?"
Henderson: "The hotel across the street is scheduled to come down. The hotel to his west is not, but he's lookin!
out his window and he sees a hotel. And they went through exactly the same process he is going through. And h
has a hard time understanding why he should have to go through a whole different program."
Knutson: "But he has been consistently told that is a necessary step and I'm still kind of..."
Spencer: "It sounds like he chooses, I don't want to speak for you, but, Mr. Chairman, but it sounds to me as if
they respectfully take a different position and need to go thorough this step to seek to vindicate their position in
court. I mean, I appreciate your candor in responding to me."
Henderson: "That is an option that could be done, it is a much more complicated option. We think that we..."
Knutson: "Oh, I understand because you have to go to Met Council."
Henderson: "Yeah, we think that it should not be necessary given what the zoning code says and what the
Comprehensive Plan says. So we have to go down this step first."
Knutson: "Commissioner Sathre?"
Sathre: "If the airport runway were to open, can you have a hotel there?"
Henderson: "If I knew the answer to that question,..."
Hawbaker: "Well, what did you tell the Airport Zoning Board?"
Henderson: "I've told the Airport Zoning Board that I don't think you could have a hotel there."
Sathre: "And this is a pretty tall hotel?"
Henderson: "Yep."
Sathre: "I mean the heighL"
Henderson: "As the property sits today, you could put that hotel there. It is within the height limitations that exist
with the airport today. With the new runway, if you read the state law the way I think it should read, there shouldr
be anything in that space. There shouldn't be a Fairfield Inn, there shouldn't be us, there shouldn't be a US West
building, there shouldn't be two office buildings behind us and so that is an issue that's being discussed in a varil
of forms right now. And the question my client has, is, and I have heard people ask the question, "Aren't you
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making inconsistent arguments?". On the one hand you are following thorough with this hotel proposal and the
other hand you are saying you can't have a...anything there. And the answer is no, because we don't know right
now whether that runway will ever open. We have to do what we have to do from property owners standpoint to
develop our property. And that is to take the steps that we need to take to do what we should be able to do with
the property. If in the course of that process, the airport runway opens and there is zoning that is going to get
applied to that, that precludes it then everybody's got to figure out what happens from there. But for the moment,
that doesn't exist and we don't know even though that runway is half built, we don't know for sure that it will ever
open."
Knutson: "Commissioner Sathre, along those lines, remember one of the considerations of your doing the Mall 0
America Phase II was the kind of diamond, 24th Avenue type bridge. And that was denied by MAC at that time
because of height. Which kind of goes to the nature of your question, but I think if Mr. Henderson said who know
what is going to happen with the airport."
Henderson: "Yeah, I saw in the paper the other day that the owners of the Mall of America are contemplating
bidding for the Twins stadium to put it out there on that parking lot Would that be allowed jf there. is a runway
there? I'm not sure. We don't know right now and so as the property owner, we just have to proceed as we can."
Knutson: "Are there other questions of the applicant? Commissioner Spencer?"
Spencer: "Yeah, I'd like guess I just observe that if we, or that if this were to be approved from whatever process
and then the airport did expand, I suppose it would increase the property value for condemnation purposes."
Henderson: 'That is one of the potential scenarios. One of the reasons we came in not with building plans but ju:
with the request for the conditional use permit was so that we could establish our right to do this from a property
use standpoint. But not try and put people in the position to say we are ready to put steel in the ground. We got (
year to figure this out."
Spencer: "Again, I appreciate your candor."
Knutson: "Commissioner Spencer, or I mean Commissioner Sathre?"
Sathre: "If we were to approve this, does that increase the value of that property?"
Henderson: "Appraisers will tell you the answer to that, I think that the hotel is the highest and best use for this
property given its proximity to the Mall of America. And the question of what is it worth as in that mode, I don't
have an answer to that today. This is actually some of the nicest industrial buildings and property you'd were seE
anywhere. The client does a very, very nice job at maintaining their property. And so what the difference in the
appraisals would be, our guess is that it would be higher."
Sathre: "I guess my thought process was if I owned this and the airport was going to open. the runway that this
being improved would increase the value of my property. At that moment when all the planes are going to come,
really are going to come."
Henderson: "Yeah, and one of the questions is you don't know when it is going to open. If it does open, somebo(
is going to have to decide that question as to what it is."
Hawbaker: "Mr. Chairman, the airport, the Airports Commission is spending hundreds of millions of dollars in the
construction of this runway. They have removed buildings, they are pouring concrete. This thing is going to open
Henderson:. "It took a two year hit on September 11 tho You know if something else happens, it might take anothe
five year hit. And that is why I think..."
Hawbaker: "None the less, it is still !Jnder construction."
Henderson: "It is, but it is not open yet."
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Knutson: "Commissioner Sathre?"
Sathre: "The two hotels, the DoubleTree I think it is called."
Henderson: "Yeah, the Grand."
Sathre: "And the Sheraton, or whatever it is now."
Henderson: "It's now a Ramada."
Hawbaker: "And the Exellnn, those are the three."
Sathre: "They are owned by MAC now?"
Henderson: "The Sheraton is owned by MAC and leased to Ramada. I don't think they have completed the deal
the Exellnn and the Mall of America Grand deal is not done yet either."
Knutson: "But those all three have to come down?"
Sathre: "That is what I understand."
Hawbaker: "Those are in...that is federal regulations. That's in the..."
Sathre: "But across the street you can have a big one?"
Hawbaker: " Well, not a big one. That is why the Fairfield is only four stories."
Sathre: "No, this one. This is a fairly..."
Hawbaker: "No, you can't."
Henderson: "The height limitation as it exists today is 145 feet."
Sathre: "How high, 451"
Henderson: "145 feet."
Sathre: "Ok, that is what I thought."
Henderson: "If the runway..."
Knutson: "His interpretation may go to zero."
Henderson: "Yeah. The runway, and if the runway goes in it will be radically different than that."
Knutson: "But I think, you know, as Mr. Hawbaker just said, it's speculation when it happen, it's moving along, it'~
kinda like an iceberg is moving, it may move slowly. But it's, in fact, going down hill. I think the issue before us is
is, as Commissioner Spencer kind of made an analogy early on was, we got a recommendation coming from the
City Attorney that may be in conflict with how they have interpreted things. But giving us direction as to how staff
has interpreted things and is supporting staffs recommendation. So, I mean that's, therein lies the inherent
conflict. Mr. Henderson, I don't know if you have more that you want to make in the way of a presentation."
Henderson: "Nope, that was it."
Knutson: "Are there other questions of Mr. Henderson, that haven't been asked that are pertinent to the issue?
Thank you, Mr. Henderson. Is there anybody else who would like to be heard on this item? Seeing nobody comE
forward, is there a need for any discussion? Should we close the hearing part?"
Lewis: "I move that we close the hearing."
Knutson: "Is there a second to that motion?"
Schneider: "Second."
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Knutson: "All those in favor, please signify by saying "Aye."
All Commissioners: "Aye."
Knutson: "Opposed?" Motion carries 6 - O. Is there issues that anybody on the Commission wants to talk about
before we move towards a motion relative to..."
Lewis: "Mr. Chair?"
Knutson: "Commissioner Lewis?"
Lewis: "I think, I think you clarified it very distinctly. I believe we have to be guided by the City Attorney's opinion
and that goes along with the staff's recommendation."
Knutson: "Are there other points of interest or questions?"
Hawbaker: "Well, I think Mr. Henderson may be right that the City may at some point decide that a hotel is a
perfectly fine use for this. What we have asked him consistently to do, is to be procedurally consistent. So that w
have Comprehensive Plan designation that allows him to use what he is proposing. He has consistently refused
do that. Given the fact that we concluded, the City Attorney has concluded that there is an issue with consistenc~
with the Plan. We have no choice but to recommend denial."
Knutson: "Might we have a motion?"
Lewis: "Mr. Chair?"
Knutson: "Commissioner Lewis?"
Lewis: "In Case number 6015A-02, applicant Interstate Companies, Inc., location 2501 & 2601 East 80th Street,
requesting approval of a conditional use permit to construct a hotel including office space. I recommend denial."
Schneider: "Second."
Knutson: "Motion has been made and seconded, all those in favor, please signify by saying, "Aye."
All Commissioners: "Aye."
Knutson: "Opposed? Motion carries 6 - O. This item, Mr. Henderson, will go as a hearing item in front of the. City
Council on June 17th."
ACTIONS OF THE COMMISSION:
M1Lewis, S/Schneider: To close the hearing. Motion carried 6 - O.
M/Lewis, S/Schneider: Having reviewed the Findings in Section 19.22(3)(A),(B),(D),(E) and (F), in.Case 6015A
02 to recommend denial of a conditional use permit for a hotel based on an inability to affirm the following findin~
Section 19.40.11(b)(1) and Section 19.40.11(b)(2). Motion carried 6 - O.
****
ITEM 9
7:47 p.m.
CASE: 5751ABCDEFG-02
APPLICANT: Walser Automotive Group
LOCA TION: 4301. & 4401 West 80th Street
REQUEST: 1) Rezone property at 4301 West 80th Street from CS-0.5, Commercial Service to CS-0.5(PD),
Commercial Service Planned D~veIQpment;
2) Preliminary and Final Development Plan for expansion of Class I motor vehicle sales (dealership);
http :llwww.ci. bloomington.mn.us/meetiI1gs/pc/synopsis/2002/060602pcs.htm 4/28/2006
Die~eB &. HeaBUu in America:
Diesel Soot Health Impasts
Where You live
Scott County
tylinnesotC3
The lifetime cancer risk from diesel soot in your
community exceeds the risk of all other air toxics tracked
by EPA combined.
r
. The average lifetime diesel soot cancer risk for a
resident of Scott County is 1 in 4,371.
. This risl< is 229 times greater than EPA's acceptable
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find. out how this risk JiVa$ ca/~I,f/ated;l!J]derstaf7d lJow_YQW risk
migbtQe_high~(, aJ) exp/?JI?tiof7.of 1-in-a:mfljLof7 acceptable risk
How the Risk from Diesel Soot in Scott County Compares to
Other Counties Nationally:
National Rank: 579 of 3,109 counties
-
81%
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healthiest Counties [PERCENTILE] unhealthiest Counties
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How the Risk from Diesel Soot in Scott County Compares to
Other Minnesota Counties:
Rank Within State: 7 of 87 counties
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I the undersigned am concerned with I -State Trucking moving into the Shakopee
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Address: CiLll.- s (J ~IA'-E- S.-r' <., 7-Jp L(l2"~ J1/lr-J ~.t:'"37q
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Phone: r Q'5 d-.YY Y S - '71 <gO ..
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I the undersigned am concerned with I-State Trucking moving into the Shakopee
community and would like to have my voice heard. By signing this document, I would
like to go on record to state that I would like the council to disapprove the conditional use
permit to I-State Trucking.
Name:
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I the undersigned am concerned with I-State.Trucking moving into the Shakopee
community and would like to have my voice heard.. By signing this document, I would
like to go on record to state that I would like the council to disapprove the conditional use
pennino I-State Trucking.
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I the undersigned am concerned with I-State Trucking moving into the Shakopee
community and would like to have my voice heard. By signing this document, I would
like to go on record to state that! would like the council to disapprove the conditional use
permit to I-State Trucking.
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I the undersigned am concerned with I-State Trucking moving into the Shakopee
community and would like to have my voice heard. By signing this. document, I would
like to go on record to state that I would like the council to disapprove the conditional use
permit to I-State Trucking.
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community and would like to have my voice heard. By signing this document, I would
like to go on record to state that I would like the council to disapprove the conditional use
pe11Ilit to I-State Trucking.
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community and would like to have my voice heard. By signing this.document, I would
like to go. on record to state that I would like the council to disapprove the conditional use
permit to I-State Trucking.
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I the undersigned am concerned with I-State Truckingmoving into the Shakopee
community and would like to have my voice heard. By signing this document, I would
like to go on record to state that I would like the council to disapprove the conditional use
permit to I-State Trucking.
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community and would like to have my voice heard. By signing this document, I would
like to go on: record to state that I would like the council to disapprove the conditional use
permit to I-State Trucking.
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I the undersigned am concerned with I -State Trucking moving into the Shakopee
community and would like to have my voice heard. By signing this document, I would
like to go on record to state that I would like the council to disapprove the conditional use
permit to I-State Trucking.
Name:
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I the undersigned am concerned with I-State Trucking moving into the Shakopee
community and would like to have my voice heard.. . By signing this document, I would
like to go on record to state that I would.1ike the council to disapprove the conditional use
permit to I-State Trucking.
Name:
Address:
Phone:
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Address: .....-e.-
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I the undersigned am concerned with I.;.State Trucking moving into the Shakopee
community and would like to have my voice heard. By signing this document, I would
like to go on record to state that I would like the council to disapprove the conditional use
permit to I-State Trucking.
Name:
Address:
Phone:
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I the undersigned am concerned with I-State Trucking moving into the Shakopee
community and would like to have my voice heard. By signing this document, I would
like to go on record to state that I would like the council to disapprove the conditional use
permit to I-State Trucking.
Name: .JER IV N i: OoU 0 v.//.5
Address: 2371 '7 /11... Y5f1EtA etJu.f<.[ S 11111<0 peE.
Phone: 15 z~ 403 ~(,t;3 r
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r the undersigned am concerned with I-State Trucking moving into the Shakopee
community and would like to have my voice heard. By signing this document, I would
like to go on record to state that I would like the council to disapprove the conditional use
permit to I-State T ,.
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Address: J 21'\ t f MAX' I ~ +.
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Address: 8.71 ~ IfJd./i ~, ~lAhVA.jI\d.9 'MM...
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Address: - ~~8L tJ~ 5 -EM .:> ,;/~ ~\d~f'~ t'v\N
Phone: 233 -2/67 .
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I the undersigned am concerned with I-State Trucking moving into the Shakopee
community and would like to have my voice heard. By signing this document, I would
like to go on record to state that I would like the council to disapprove the conditional use
permit to I-State Trucking.
Name:
Address:
Phone:
Name:
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Name:
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Address: J. )./--/
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I the undersigned am concerned withI-State Trucking moving into the Shakopee
community and would like to have my voice heard. By signing this document, I would
like to go on record to state that I would like the council to disapprove the conditional use
permitto I-State Trucking.
Name:
Address:
Phone:
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I the undersigned am concerned with I-State Trucking moving into the Shakopee
community and would like to have my voice heard. By signing this document, I would
like to go on record to state that I would like the council to disapprove the conditional use
permit to I-StateTrucking.
Name: t'J\i(lIl,l \-() Ki,p~. :\^AA '^
Address: \"''1/~ ~f1.; I HI _ ~ C2.A.. ..1___-./\. MN55,3'7'1
Phone: 0l0~ - 401__ - oYJ vf1 V I I
Name: (3 ~ €.N'7'" I\.X=........) trI-A.J..J '.
Address: t q ':l~ PA{2. tt!. ..) A- "c' 4-J;". SH.-Il.1<-o PO::- t:: -N A.) s:- 5"37<::
Phone: L 95) J l.f ()> :> - 0""1 C .,
Name: <.J.rclPP q:,. J"J'f ':.... ....rt/l
Address: '/SSY Fz.A1wlM/ ,A,~
Phone: C1s-z.- 463- 642...1
Name:
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I the undersigned am concerned with I-State Trucking moving into the Shakopee
community and would like to have my voice heard. By signing this document, I would
like to go on record to state that I wonldlike the conn~sapprove the conditional use
permit to I-State Trucking. . ~ /'~
Name: 7J6\/ 10 1../...c.J'- I' ~.Y-1
Address: ;).1 C. <( 1Ec..<:l.../C'. ..../ f Ave..
Phone: '7)'2"- 22 <:; - l../ $1')-
Name: lJu!r^e~/1 . -L.-L:
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Address: (q~c:.;-- ?tLsr vJ ~ Av~
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Name: " ~.-'C'~y IV ,Lt. .J.A^Jp~
Address: i"R'43 1=b)... Jp4 'l() .A A1J..e "
Phone: 44S-4?J70 \,j b t +') ~5(G)m::>V') 01Vv1 '
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I the undersigned am concerned with I-State Trucking moving into the Shakopee
community and would like to have my voice heard. By signing this document, I would
like to go on record to state that I would like the council to disapprove the conditional use
permit to I-State Trucking.
Name:
Address:
Phone:
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I the undersigned am concerned with I-State Trucking moving into the Shakopee
community and would like to have my voice heard. By signing this document, I would
like to go on record to state that I would like the council to disapprove the conditional use
permit to I-State Trucking.
Name: ~1 f) ~.. '- ^'" A+
Address: I Ql./4 UA o OJ111'Ir/1l A-tJe
Phone: . c{6ri.. 14q b Q(n lCl J
Name: Ac,oroV\. 5ck~J+;
Address: Ic,~ G 1'"",,<. J~
Phone: '1'?'L l{-4C :q~ J ~
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I the undersigned am cancerned with I-State Trucking maving intathe Shakapee
cammunity and wauld like to. have my voice heard. By signing this document, I would
like to. go. an recard to. state that I wauld like the cauncil to. disapprave the canditianal use
permit to. I-State Trucking. )
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Name: ~ /! Ilh;Y I/.t it IJU, ; /J /'
Address: '1 ~ i.3 ':: C ,,-.;;, . "" I-L.u I
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I the undersigned am concerned with I-State Trucking moving into the Shakopee
community and would like to have my voice heard. By signing this document, I would
like to go on record to state that I would like the council to disapprove the conditional use
permit to I-State Trucking.
Name:
Address: ~>"~.7~
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Name:
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I the undersigned am concerned with I-State Tnicking moving into the Shakopee
community and would like to have my voice heard. By signing this document, I would
like to go on record to state that I would like the council to disapprove the conditional use
permit to I-State Trucking.
Name:
Address:
Phone:
Name:
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Name:
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Address: ~-3 7~ -:P \ r" C 0...1.1 v (/4- '0 jr
Phone: 9 .-:;) ~ "1 <=t ltJ. ,'" d \. "
Name:
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CONDITIONAL USE PERMIT:
City Code Sec. 11.88, Subd. 2. Y conditions:
Y. Retail sales of products manufactured, fabricated, assembled, or stored on site:
1. shall sell products only within the principal structure;
The City finds that I-State intends to sell semi trucks located outside the building.
Despite being asked repeatedly, I-State has not stated or agreed to sell products only within its
proposed building, nor demonstrated why this conditions is unnecessary.
2. shall limit the area devoted to display and sale of the products to no more than
15% of the principal structure or 2,000 square feet within the principal structure,
whichever is less;
The City finds that I-State has not demonstrated that it will limit the area devoted to
display and sale of the semi trucks as required I-State has not provided a floor plan or agreed
to this limitation, nor demonstrated that this condition is unnecessary.
3. shall not require or result in exterior building modifications; .
The City finds that the retail sales will not require exterior building modifications.
4. shall have no outside storage or display or accessory structures; and
The City finds that I-State intends to have outside storage and display of its semi trucks.
I-State has not demonstrated why this condition is unnecessary.
5. shall submit a sign plan.
The City finds that I-State will submit a site plan.
CONDITIONAL USE PERMIT
City Code Sec. 11.88,Subd. 2.Y conditions:
BB. Vehicle repair:
1. shall not store any vehicles which are unlicensed or inoperative for more than
seven (7) days;
The City finds that I-State is likely to store vehicles which are unlicensed or inoperative
for more than seven days. I-State intends to repair (including body work) semi trucks, busses,
and trailers, some of which may reasonably be expected to be unlicensed or inoperative. I-State
has not explained what it will do with trucks, busses, or trailers which are abandoned or which
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must be stored waiting for parts for repair. Nor has I-State demonstrated why this condition is
unnecessary.
2. shall screen all storage areas; and
The City finds that I-State has not addressed screening storage areas, nor demonstrated
why this condition is unnecessary.
3. shall not be located on a lot or parcel of land within 200 feet of any residential
zone.
The City finds that Lot 1 of the proposed I-State property, where this conditional use
permit would be granted, is located more than 200 feet from any residential zone.
PROPOSED FINDINGS RELATING TO I-STATE'S
APPLICATION FOR A CONDITIONAL USE PERMIT
I-State has requested'a conditional use permit for retail sales within
the I-I zone. In a letter from their attorney, Lee Henderson, they
recently requested that the City also grant them a conditional use permit
for vehicle repair. Under City Code S 11.85, Subd. 6, the City may
impose whatever conditions it believes necessary in order to preserve the
health, safety, or welfare of the community or in order to implement the
purposes of this Chapter or the comprehensive plan. However, even
with extensive conditions, the uses proposed by I -State will not fit in the
proposed location. Therefore, I-State's application must be denied.
FINDINGS
City Code Sec. 11.85. CONDITIONAL USE PERMITS. Provides
that a cuP will not be granted without making the following findings, to
wit;
Criteria #1 The use will not be injurious to the use and
enjoyment of other property in the immediate
vicinity for the purposes already permitted, nor
Substantially diminish and impair property values
within the immediate vicinity;
The Cityfinds that the proposed use is inconsistent with the
existing permitted residential use in the immediate vicinity. The
qnticipated truck traffic and concomitant decrease in safety for other
drivers andforpedestrians andchildren; noisefrom idling, driving,
operating, and repairing semi trucks; air pollution from older semi
trucks andbusses being driven to andfrom the site and being repaired
on site; the business owner's demonstrated history of keeping his
^j-/'J'()b ~t'o..>t k~R~/" MrH<'ty
properties in an unsightly condition, . including outside storage of junk
and vehicles needing repair; will be injurious to the use and enjoyment
of the existing residential neighborhood. The City further finds that the
residential property owners will suffer a.substantial decrease in their
property values if I-State is granted the conditional use permit, as
demonstrated by the lower offers already. made. by prospective buyers
knowledgeable about the proposal, and the information provided to the
property owners by real estate agents.
Criteria #2 The establishment of the conditional use will not
impede the normal and orderly development.and
improvement of surrounding vacant property for
uses allowed in the area;
The City finds that the proposed use will impede the normal and
orderly development and improvement of surrounding vacant property.
The problems described above will impede the development of any
further residential property. This 1-1 property is located very close to
the City's entertainment center, Canterbury Park. Sudden loud noises,
constant droning noises, air pollution, and unsightly property are
contrary to the city's vision of having a high-quality entertainment
center. Historical Murphy's Landing and the Veteran's Memorial Park
are also located close to this 1-1 property. These problems also can be
expected to impede the development of surrounding industrial property
for the kind of sleek, interior-use-only businesses the City wants to
attract to its industrial areas.
Criteria #3 Adequate utilities, access roads, drainage, and other
necessary facilities have been or will be provided;
The City finds that adequate utilities, access roads, drainage, and
other necessary facilities have been or will be provided.
Criteria #4 The use is consistent with the purposes of the zone in
which the applicant intends to locate the proposed
use;
The City finds that the use is not consistent with the purposes of the
1-1 zone. Under City Code 9 11.44, Subd. 1, the purpose of the 1-1 zone
is "to provide an area for industri'al, 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." A semi truck retail sales operation and repair facility is a more
obtrusive use than is appropriate in this location. It is incompatible with
ther~sidential uses nearby, . and thereby fails to serve as a transition
between that use and more intensive industrial uses.
Criteria #5 The use is not in conflict with the Comprehensive
Plan.
The City finds that the use conflicts with the goals in.the -
Comprehensive Plan. These goals have been restated in the City's
strategic vision which is repeated on every City Council agenda,
including: A. having an Active and Healthy Community; B. having a
High Quality of Life; C. having a Great Placefor Kids to Grow Up; and
D. having a community that is Vibrant, Resilient, and Stable. The
proposed use conflicts with these goals by causing air pollution, by
creating conflict between residents and the business, by decreasing the
quality of life, by increasing the risk of harm to our kids, and by
decreasing the stability of the community by causing residents to flee an
existing residential neighborhood.
CONDITIONAL USE PERMIT:
City Code Sec. 11.88, Subd. 2.Y conditions:
Y. Retail sales of products manufactured, fabricated, assembled,
or stored on site:
1. shall sell products only within the principal structure;
The. City finds that I-State intends to sell semi trucks located
outside the building. Despite being asked repeatedly, I-State has not
stated or agreed to sell products only within its proposed building, nor
demonstrated why this conditions is unnecessary.
2. shall limit the area devoted.to display and sale of the products
to no more than
15% of the principal structure or 2,000 square feet within the
principal structure, whichever is less;
The City finds that I-State has not demonstrated that it will limit
the area devoted to display and sale of the semi trucks as required. I-
State hasnotprovided a floor plan or agreed to this limitation, nor
demonstrated that this condition is unnecessary.
3. shall not require or result in exterior building modifications;
The Cityfinds that the retail sales will not require exterior
building modifications.
4. shall have no outside storage or display or accessory
structures; and
The Cityfinds thatI-State intends to have outside storage and
display of its semi trucks. I-State has not demonstrated why this
condition is unnecessary.
5. shall submit a sign plan.
The City finds that I-State will submit a site plan.
CONDITIONAL USE PERMIT
City Code Sec. 11.88, Subd. 2.Y conditions:
BB. V chicle repair:
1. shall not store any vehicles which are. unlicensed or
inoperative for more than
seven (7) days;
The City finds that I-State is likely to store vehicles which are
unlicensed or inoperative for more than seven days. I-State. intends to
repair (including body work) semi trucks, busses, and trailers, some of
which may reasonably be expected to be unlicensed or inoperative. I-
State has not explained wha( it will do with trucks, busses, or trailers
which are abandoned or which must be stored waiting for parts for
repair. Nor has I-State demonstrated why this condition is unnecessary.
2. shall screen all storage areas; and
The City finds that I-State has not addressed screening storage
areas, nor demonstrated why this condition is unnecessary.
3. shall not be located on a lot or parcel of land within 200 feet
of any residential zone.
The Cityfinds that Lot 1 of the proposed I-State property, where
this. conditional use permit would be granted, is located more than 200
feet from any residential zone.
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PROPERTY PROTECTED BY ARMED
PERSONNEl AHO ElECTRONIC
SURV[ILLAI'fC[ BY A.D.S. SECURITY
612.916.0148
LAW VIOl.ATORS WIll. BE HELD
fOR POUCE ARREST
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