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HomeMy WebLinkAbout03/17/1998 TENTATIVE AGENDA CITY OF SHAKOPEE SPECIAL SESSION SHAKOPEE, MINNESOTA MARCH 17, 1998 LOCATION: 129 Holmes Street South Mayor Jon Brekke presiding 1] Roll Call at 7:00 p.m. 2] Pledge of Allegiance 3] Approval of Agenda 4] Approval of Consent Business- (All items noted by an * are anticipated to be routine. After a discussion by the Mayor,there will be an opportunity for members of the City Council to remove items from the consent agenda for individual discussion. Those items removed will be considered in their normal sequence on the agenda. Those items remaining on the consent agenda will otherwise not be individually discussed and will be enacted in one motion.) 5] Liaison Reports from Councilmembers 6] Mayor's Report A] Steve Johnson Resolution of Appreciation-Res.No. 4865 7] RECOGNITION BY CITY COUNCIL OF INTERESTED CITIZENS 8] Recess for an Economic Development Authority Meeting 9] Re-convene *10] Approval of Minutes: February 17, 1998, Special Session,February 17, 1998, Adjourned Regular Session,and March 2, 1998, Regular Session *11] Approve Bills in the Amount of$544,776.71 12] Communications *A] Joel Cole resignation from Community Access Corporation Board of Directors 13] 7:00 P.M. Public Hearing on the Proposed Improvements to Vierling Drive from Sage Lane to Miller Street,Project 1998-2 - Res.No. 4870 14] Recommendations from Boards and Commissions A] Preliminary and Final Plat of Evergreen Heights Addition located south of Vierling Drive,west of CR 16 and north of Hwy 169 Bypass(Fire Station Site)-Res.No. 4871 TENTATIVE AGENDA March 17, 1998 Page -2- 14] Recommendations from Boards and Commissions continued *B] Final Plat of Stone Meadow 2nd Addition located north of Vierling Drive and west of Polk Street-Res.No. 4868 *C] Final Plat of Orchard Park West 1st Addition located north of Hwy 169 Bypass and west of Fuller Street/CSAH 77-Res.No. 4872 D] Preliminary Plat of Southbridge located east of Dean Lake,west of CR 18, south of Hwy 169 Bypass and north of CR 16-Res.No. 4873 E] Preliminary and Final Plat of Canterbury Park 5th Addition located south of 12th Avenue,west of CR 83 and north of Hwy 169 Bypass-Res.No. 4874 15] General Business A]_ Public Works and Engineering 1. Acceptance of Feasibility Report for Vierling Drive from CR-15 to Fuller Street, Project 1998-3 - Res.No. 4866 *2. Completion of Probationary Period for Michael Frassel *3. Acceptance of Resignation from William Doege-Res.No. 4876 B] Police and Fire *1. Operation NightCAP Grant-Res.No. 4863 *2. Change Order No. 2 for Fire Station Project *3. Operation Car Prowl Reduction-Res.No. 4864 *4. James Steel Construction Company Progress Payment#11 -Fire Station C] Park and Recreation *1. Outdoor Recreation Grant for Tennis Courts-Res.No. 4861 *2. Fishing Pier Agreement with State of Minnesota-Res.No. 4862 *3. Award Bids for Prairie Bend Park Asphalt Project-Res.No. 4877 D] Community Development 1. Seagate Environmental Assessment Worksheet-Res.No. 4869 *2. Extension of Preliminary Plat Approval for Westridge Lake Estates E] General Administration *1. Clock Tower Sign-Fee Waiver 2. City Newsletter *3. Firefighters Accident Insurance 16] Other Business 17] Adjourn Reminder: March 24. 1998.Workshop Session at 4:30 pm, 6 . 6. RESOLUTION NO. 4865 A RESOLUTION OF APPRECIATION TO STEVE JOHNSON WHEREAS, Steve Johnson has served on the Shakopee Community Recreation Board from February 1987 until mid-1990 when it was replaced by the Shakopee Park and Recreation Advisory Board; and WHEREAS, Steve Johnson served on the Shakopee Park and Recreation Advisory Board from its inception in 1990 until the expiration of his third term on February 28, 1998; and WHEREAS, Steve Johnson has unselfishly contributed many hours of service to the City of Shakopee while serving on the Shakopee Community Recreation Board and the Shakopee Park and Recreation Advisory Board for a combined total of eleven years. NOW, THEREFORE, BE IT RESOLVED by the Shakopee City Council on behalf of the residents of Shakopee and on behalf of the Shakopee Park and Recreation Advisory Board and City staff, that the Shakopee City Council does hereby extend to Steve Johnson the deep appreciation of the City for his years of civic interest and dedicated service to the community. Adopted in Adjourned Regular Session of the City Council of the City of Shakopee,Minnesota, held this 17th day of March, 1998. Mayor of the City of Shakopee ATTEST: City Clerk TENTATIVE AGENDA ECONOMIC DEVELOPMENT AUTHORITY IN AND FOR THE CITY OF SHAKOPEE,MINNESOTA Special Meeting March 17, 1998 1. Roll Call at 7:00 p.m. • 2. Approval of the agenda 3. Approval of Minutes-March 2, 1998 4. Financial A.)Approval of Bills 5. Other Business: 6. Adjourn • edagenda.doc TENTATIVE AGENDA ECONOMIC DEVELOPMENT AUTHORITY IN AND FOR THE CITY OF SHAKOPEE, MINNESOTA Special Meeting March 17, 1998 1. Roll Call at 7:00 p.m. • 2. Approval of the agenda 3. Approval of Minutes-March 2, 1998 4. Financial A.)Approval of Bills 5. Other Business: 6. Adjourn edagenda.doc OFFICIAL PROCEEDINGS OF THE ECONOMIC DEVELOPMENT AUTHORITY SHAKOPEE, MN REGULAR SESSION MARCH 2, 1998 Members Present: Amundson, Brekke, DuBois, Sweeney, and President Link Members Absent: None Staff Present: Mark McNeill, City Administrator; R. Michael Leek, Community Development Director; Paul Snook, Economic Development Coordinator Others Present: Bruce Loney, Public Works Director/City Engineer; Gregg Voxland, Finance Director; Judith S. Cox, City Clerk; and Jim Thomson, City Attorney. 1. Roll Call President Link called the meeting to order at 7:30 p.m. Roll was taken as noted above. 2. Approval of Agenda Sweeney/DuBois moved to approve the agenda as presented. Motion carried unanimously. 3. Approval of Minutes Brekke/Amundson moved to approve the February 17, 1998, minutes. Motion carried unanimously. 4. Financial A. Approval of Bills DuBois/Sweeney moved to approve bills in the amount of$156.73 for the EDA General Fund and $29.86 for the Blocks 3 &4 Funds. Motion carried unanimously. 5. Update: River City Centre Bill Jaffa and Steve Dombrovski Presenting Bill Jaffa, Executive Director, Scott County HRA, approached the podium and said he would be updating the Council regarding residential and retail progress. He reported that a marketing plan was approved in February and the affordable market rate rents would be approved on March 3, 1998, and that active marketing is underway. Edie Lancaster, Marketing Director, approached the podium to give an update regarding the residential portion of the project. She said that a brochure has been put together and there are now floor plans and a building layout which also shows numbered apartments. The first public informational meeting for the Seniors will be held Thursday, March 12, at the Shakopee Community Center. She said this meeting will be advertised. After this meeting, individuals can have apartments held with a $250 deposit and specifying which apartment is to be rented. An apartment can be held for up to 60 days before the building Oficial Proceedings of the March 2, 1998 Shakopee Economic Development Authority Page -2- is ready, at which time a model apartment is anticipated to be completed. A one year lease will also be required. There is also a rental hotline which Edie will be answering. The hotline number is 445-5107. Ms. Lancaster described the community spaces, explaining that there will be a kitchen, lobby, library, community room, and a complete guest suite similar to a bed and breakfast room. She then displayed a color chart for the carpet, floors and counter tops. Mr. Jaffa explained that numbers reports would be available toward the end of March. He said as they move toward the grand opening there will be an opportunity for the public to tour the River City Centre. He also said ththat construction is one month ahead of schedule. However, possession of the building can only occur early if everything is leased 100 percent. Steve Dombrovski approached the podium and said that the main objective is to put together a piece to tell a story. He said Shakopee is the envy in the state as far as having a main street. He said he has been pursuing all avenues of interest, and at this point there are legal, medical, chiropractic and accounting proposals in various stages of negotiations which make up approximately 30 percent of the space. They are currently dealing with video, restaurant, tobacco and cigar, and pizza interests in the retail food and beverage category and have proposals for approximately 38 percent of the space. He said that the projections for outside business interests were in the 60-70 percent range. At this point these numbers have been close but are anticipated to be a larger portion in the outside business interests. Mr. Dombrovski explained that the biggest surprise has been the interest levels and the reluctance due to not knowing how the project works. He said they are very confident that they will reach the anticipated occupancy numbers by Fall of 1998 as far as leasing is concerned. He said they have been concentrating on identifying the best uses of the building to ensure the greatest success. He said that while there are agreements in place, they are not signed at this time and are also looking at restaurant designs. He said it is not unusual not to have a finalized lease at this time. In response to a question as to whether there are medical interests, Mr. Dombrovski said there has been some medical and chiropractic interest. He said there has also been a lot of interest relative to legal services due to the proximity to the courthouse. In response to a question regarding the mix of uses, Mr. Dombrovski said the market will determine part of the mix but that they need to figure out a balance based on the physical structure of the building. He said the interest level is based on the cost to be there and the amount of space available. He said they are quoting below what would be a comparable market rent for a similar project in other areas of the Twin Cities. He also Official Proceedings of the March 2, 1998 Shakopee Economic Development Authority Page -3- said this project will take on a high profile across the state in regards to the concept of returning to main street. 6. Recommendations from Downtown/ 1st Avenue Revitalization_Committee Paul Snook explained that the EDA was asked to consider funding a proposed downtown directional sign, and referred this item to the Downtown/1st Avenue Committee for further study and recommendation. He reported that the Committee considered the need for signage directing traffic to the Marschall Road business areas as well as downtown directional signage. He said the Committee concluded that a generic "business district" sign is not necessary in the Marschall Road area as businesses have purchased advertising space on "blue" directional signs along Hwy 169. They also concluded that an additional directional sign is not necessary at the east end of Hwy 101 as there are "green" signs that have the word "Shakopee" and an arrow. The Committee agreed that a downtown directional sign is needed at the intersection of 169 and 69. However, it should be funded privately with no participation from the City. Gary Morke, 1042 Merrifield, approached the podium and said that it is important to get people to know where downtown is. There is nothing to entice people into the city. He said the EDA should consider what is required from Valleyfair to the Mall and in- between and look at the signage issues closer. A discussion ensued as to where the money will come from for signage as well as suggested losses in revenue to business such as the Renaissance Festival as a result of reduced traffic. Mr. Dombrovski said that citizens do not understand what has happened to the road system, and said it would benefit the community to figure out how to provide an explanation of the road system changes. He said this is an educational process that needs to take place. There is a lot of confusion about what has happened. A discussion ensued in which a recommendation was made to invite people on the west end of town to be involved in an ad hoc committee. The question was asked as to whether Mn/DOT could get more understandable signs. Mark McNeill said that Mn/DOT feels they have accommodated by agreeing to a $900 sign for downtown Shakopee. He said other things could be done such as a billboard similar to what the Chamber of Commerce has done. He said if there is something that the Downtown Committee would like staff to research and contact Mn/DOT again, staff would do so. Chris Anderson, 1438 Maras Street, 'approached the podium and requested signage. He said there are no signs where the new bypass crosses old County Road 18 near Hanson's Ranch. He said this makes it difficult for people to determine what the road is called. Official Proceedings of the March 2, 1998 Shakopee Economic Development Authority Page -4- Comm. Amundson said the signage issue has been placed on the shoulders of the Downtown Committee when it involves a broader range. Mayor Brekke said we need a vision as to how to promote the community which would be a possible discussion for a workshop. Comm. Amundson then suggested that a study be done to find out what it would take to attract people to the community for a more effective use of dollars. Mr. Dombrovski suggested studying all issues relative to traffic patterns and what the objectives are. He said this will make it much easier to direct people. He said it is important to draw people into the community but they must first understand how to get here. He also said he would be willing to give some input to the ad hoc committees. 7. Other Business None. 8. Adjournment DuBois/Sweeney moved to adjourn. Motion carried unanimously. The meeting was adjourned at 8:16 p.m. J ith S. Cox EDA Secretary Esther TenEyck Recording Secretary CITY OF SHAKOPEE Memorandum TO: President & Commissioners Mark H. McNeill, Executive Director FROM: Gregg Voxland, Finance Director SUBJ: EDA Bill List DATE: March 12, 1998 Introduction Attached is a listing of bills for the EDA and the Blocks 3&4 projects for the period 2/27/98 to 03/12/98 . Action Requested Move to approve bills in the amount of $538 . 79 for the EDA General Fund and $0 . 00 for the Blocks 3&4 Funds. 0 0 H I O o 0 0 o O o II 0 0 H I O O O 0 0 0 0 II O O W I 0 0 o O o 0 o II 04 1 U I 0 0 0 1 NLS 0 O1 01 01 O1 II OO 0 1 M di 0 t` N N r fl • H I . • • o Ln Lfl H I O M O M M M M II O N N W I M N l0 H H H H II N r'1 M M I H N N N N 11 49- p }Q I 1 E ii 11 on H II CciOW II 000 00 1 1 N i T 1 r- 441 H M I CO 01 t0 N N I N N N N O (.0 GL 1 In In L!1 N l0 00 I 000 0d' E-. r4 I 000 riN H x a xU a m m O H\ Cao U Z a W HO zw x H Z aw HO o w az H H a m U cn x U KC Fc. , 00 0 H ^ W P: 00N H OHA H. O1 0M d m2 w N co U WwCa , � � E 0 HH q 0 � w w m D O H IC H El I H CO O U) A 1 N M d' Z I O H co N do W 1 01 CO N H N > I N In N H 01 d. Ill Ifl N O1 co c)• t0 01 co U ao0lco Nt` G] I` r L) Ifl al Z u-) VIIn 00 U 7 0 0 0 1 IN N I I CO 0 CO rn rn I 01 01 01 01 01 I 01 01 01 0) I H rH H H H I 0 H H 0 0 I O O O M M H 1 \\\ N N RC, 1 M M M '-1 ri A I 0 0 O I I 4. * I I * I H U1 I 0) al H I H H H * I 0 * I z * Ij O a o 0 I O H M W Lfl 01 P4 M M O I N M d' a H HO d' d' C7 1 d d' H 0 H O I ri ri ri a Ca W 01 01 0101 01 H H IX I o 0 o 0 0 1-3 0 0 I H 1 I 01 01 01 w [44 0 I J GI 01 ra Ca l ri H ri E-4 * H H H. Ca I * * t11 to 0 rH-1 H1 H-1 0 0 * * rH-1 rH1 H [4., 1 H H H H H * * OFFICIAL PROCEEDINGS OF THE CITY COUNCIL SPECIAL SESSION SHAKOPEE,MINNESOTA FEBRUARY 17, 1998 Mayor Jon Brekke called the special session to order at 6:30 P.M. with Councilmembers Deb Amundson,Jane DuBois, and Robert Sweeney present. Councilmember Link was absent. Also present were Mark McNeill, City Administrator; Bruce Loney, Public Works Director; and Judith S. Cox, City Clerk. Mayor Brekke recessed the meeting for an executive session to discuss matters in litigation. Mayor Brekke re-convened the meeting at 6:48 P.M. Mayor Brekke stated that there was no action taken by the City Council during the executive session. Mayor Brekke adjourned the meeting at 6:48 P.M. ,A4,1A, OrX, Odith S. Cox ity Clerk OFFICIAL PROCEEDINGS OF THE CITY COUNCIL ADJ. REG. SESSION SHAKOPEE,MINNESOTA FEBRUARY 17, 1998 Mayor Brekke called the meeting to order at 7 p.m. with Councilmembers Amundson, Link, Sweeney and DuBois present. Also present: Mark McNeill, City Administrator; R. Michael Leek, Community Development Director; Bruce Loney, Public Works Director/City Engineer; Gregg Voxland, Finance Director; Paul Snook, Economic Development Coordinator; Judith S. Cox, City Clerk; and Jim Thomson, City Attorney. The Pledge of Allegiance was recited. The following item was added to the agenda: 15.D.8. County Road 16 Assessment Appeal Settlement, and 15.E.7. Affirm Termination of Employment. Sweeney/DuBois moved to approve the agenda as modified. Motion carried unanimously. The following additions were made to the Consent Agenda: 15.D.1. William's Pipeline Encroachment Agreement, and 15.D.2. Assessment Policy Revisions for Street Collectors by Commercial/Industrial. DuBois/Sweeney moved to approve the Consent Agenda as modified. Motion carried unanimously. Liaison reports were given by Councilmembers. Mayor Brekke gave the Mayor's Report. Mayor Brekke asked for a motion from Councilmembers to accept a resolution in recognition of retiring Police Chief Tom Steininger. Sweeney/DuBois offered Resolution No. 4848, A Resolution Recognizing and Commending Chief of Police Thomas L. Steininger Upon the Occasion of His Retirement, and moved its adoption. Motion carried unanimously. Mayor Brekke read the resolution to Police Chief Tom Steininger and presented him with a framed copy. Mayor Brekke asked if there were any interested citizens present in the audience who wished to address the City Council on any item not on the agenda. There was no response. A recess was taken at 7:17 p.m. for the purpose of conducting an Economical Development Authority meeting. The meeting re-convened at 7:23 p.m. Official Proceedings of the February 17, 1998 Shakopee City Council Page -2- DuBois/Sweeney moved to approve the bills in the amount of $453,046.67. (Motion carried under the Consent Agenda.) The public hearing on the Proposed 1998 Reconstruction Project No. 1998-1 was opened. Bruce Loney summarized how the project was formulated and addressed concerns. He said this project involves a complete reconstruction, including the replacement of the sanitary sewer, street pavement, curb and gutter and sidewalks. He explained that SPUC has decided not to replace any existing watermain within the project area. However, new watermain will be installed on 6th Avenue, from Holmes Street to Spencer Street, to remove long water service lines, and repairs to valves and hydrants in the existing watermain area will be made where needed. Bruce Loney reported that an informational meeting for property owners was held on February 10 with 21 people attending. Issues of concern included: diagonal parking and what the overall long-term plan is with the school district property; a sidewalk on 6th Avenue, from Sommerville Street to Spencer Street, adjacent to a property with a garage very close to the City right-of-way line; the number of blocks of reconstructed street open at one time and the construction timing of the project; and not replacing the existing watermain and watermain services with this project. Bruce Loney explained that the purpose of this project is to replace the existing infrastructure and provide diagonal parking adjacent to the Scott County Courthouse blocks in order to provide additional parking and help alleviate parking concerns in the neighborhood. Diagonal parking is proposed on 5th Avenue on blocks adjacent to the Courthouse as well as replacing all the existing sidewalks in the area and sanitary sewer. Total project costs are $1,105,290.33. The Sanitary Sewer Fund pays 100% for replacement of Sanitary Sewermain. The Storm Sewer Fund will pay for the new storm sewer proposed from 5th Avenue to 6th and Fuller Street to provide a storm sewer at this intersection and to remove the existing dips. Street assessments are 25%per City policy and include any sidewalk replacement to be assessed at 25%. Service connections are the property owner's responsibility and are assessed at 100% of the cost. Storm sewer costs totaling $15,699 will be assessed to the School District or to the Scott County Courthouse. Of the new sanitary sewer main costs on 6th Avenue totaling $11,000, the City will pay 50% and assess the remaining 50% The Tax Levy portion is estimated at$532,000. Bruce Loney discussed Zonal and Frontal Assessments. He explained that the City's Zonal Assessment Policy for North-South streets is to assess half of the block adjacent to either side of the street (2 1/2 lots on either side of the street are assessed.) East-West streets are assigned Frontal Assessments. Official Proceedings of the February 17, 1998 Shakopee City Council Page -3- Bruce Loney said that staff does not feel it is prudent to proceed with this project by upgrading all infrastructure and leaving the watermain, which ranges in age of 58 to 70 years old, unless there is an ordinance or policy established addressing street reconstruction due to watermain repairs or replacement. A discussion ensued regarding the age of the sanitary sewer main to be replaced and the expected life of a sanitary sewer main. Bruce Loney said the average life is usually 50 years, depending on the type of material. A discussion ensued as to whether Shakopee Public Utilities (SPUC) has discussed implementing a policy for watermain replacement. Cncl. Sweeney explained that a watermain can be tested to see if it will fail within a specified time period. He said SPUC has reviewed connections at the hydrants and water stops and plans to replace a number of valves. However, he said the issue is whether or not SPUC should spend $100,000 to replace the watermains and the property owners be assessed for service connections if there is not anything wrong with the pipe. Mayor Brekke asked if there were any interested citizens present who wished to address the City Council on this issue. Mike Strunk approached the podium and said a suggestion was made to put in sleeves for parking meters to be installed later. He said the money from the meters might be used to fund park improvements. He said there are currently no sidewalks on Fuller Street and if Fuller Street will be used to access the Courthouse, this might be something to consider. He expressed concern for recently planted trees, and said he liked the dip in Fuller Street as it slows the traffic down. Tammy Carlson, 532 Spencer Street, approached the podium and asked about assessment calculation differences. Bruce Loney explained that the assessment costs for a particular street and the assessable frontage are calculated to determine the assessment rate. He said differences may occur where there may be differences in frontage or additional retaining walls. Ms. Carlson asked why her property is not billed at a lower rate since they are on a corner and had some north-south assessments. She asked if she received a corner lot adjustment. Bruce Loney said some streets have houses orientated to the north-south street which were assessed on a front foot basis and given a corner lot adjustment. He said typically, most house frontages are on the east- west streets. She also asked if 6th Street becomes a collector street, whether the sidewalk assessments automatically come off. Bruce Loney said at this time the sidewalks are proposed to be included as part of the street reconstruction and assessed at 25%. However, it could be a Council decision not to assess the sidewalks on 6th Street. Official Proceedings of the February 17, 1998 Shakopee City Council Page -4- Tom Quinn, 6th and Sommerville, approached the podium and stated his objection to a sidewalk across his driveway. He said he would not be able to use his driveway if the sidewalk is installed. He also raised a privacy issue as his home is very close to the street. He said if the sidewalk is put in, all his trees and shrubs will be gone. While privacy was an issue, Mr. Quinn was most concerned about the use of his driveway. John Delacey, 605 Lewis Street, approached the podium to discuss watermain replacement policy. He said that all the water services would be assessed only if they are not copper. He said all the services in the 1996 reconstruction project were copper. He said he was concerned about leaving an existing watermain in the street as there will be digging very near it and it will be crossed with sewer services. In response to the suggestion that after replacing sanitary sewer infrastructure there will be a street that can be milled and overlaid for many years, he said if there isn't a failure, the City would not have to worry about trench failure for at least 70 years. He said he felt that SPUC should have a fund to replace watermains, and if not, rates should be raised. He said that he is proud of City reconstruction projects and is for this project. Marty Glynn, 128 W 5th Avenue, approached the podium and said that tearing up 5th Street will cause more parking problems around the courthouse. He suggested parking meters and enforcement with the funds going to the City. He said it is foolish not to put in all infrastructure while the street is open. Ron Ward, Dir. Administrative Services, Shakopee Public Schools, approached the podium to address concerns raised about the future use for the existing Central Elementary building. He said approximately two years ago a task force determined there was a need for a new elementary school. Part of the decision to construct a new school was that the Central Elementary building would remain in use for a combination of uses. He said there will always be some form of educational programming in this building. The current plans are to move ECFE programs currently housed in temporary facilities into Central Elementary in the fall of 1999. Other portions of the building will continue to be used for Community Education programming as well as for District Administrative purposes. Another reason for maintaining this building is that as the District grows there will be periods of time when there will be a shortage of classrooms. By using Central Elementary the District will be able to avoid temporary portable structures. The intent is to retain Central Elementary for changing programming needs. Ron Ward said the request for diagonal parking on 6th Avenue is the result of parking problems in the immediate area. He said there have been many complaints about District employee parking in the area which resulted in two hour parking limitations, making it more difficult for District employees. Tom Hargath, 118 E 6th Avenue, approached the podium and said he lives directly across from the school and that diagonal parking would help during the school year and does not have a Official Proceedings of the February 17, 1998 Shakopee City Council Page -5- problem with it. While he would be assessed quite heavily, he said he would rather see the street project done all at once. Mike Strunk, 135 W 6th Avenue, approached the podium and said that when Fuller was a County street it was in good shape until the stop sign was put in. He asked if the County could contribute some funds for the project. Bruce Loney explained that the County has given the City a set amount of money in conjunction with the turn back of the road. Mr. Strunk said the County has not done anything to the road in approximately 25 years. He said that, in his opinion, the street is in a reconstructive state. Brian Campbell, W 230 6th Avenue, approached the podium to discuss the sidewalk program. He said he has not heard of any sidewalk programs, to date, and asked why there is a 25% assessment in the plans for replacement and no assessment for repairing it. Bruce Loney explained that the replacement of a defective sidewalk on a collector street would be paid for at 100%. He said in reconstructive projects, sidewalks have been assessed at 25% in the past. Mr. Campbell asked if the repairs occur, whether the apron from his driveway would be torn up with the curbing, and whether it would be his responsibility. Bruce Loney said this would be a total reconstruction project and would replace sidewalks and driveways. He said if trees cannot be saved they will be replaced and that project cost is assessed at 25%. A discussion ensued regarding the feasibility of the watermain. Bruce Loney said that the $100,000 watermain was included for bonding purposes only. The public hearing on the Proposed 1998 Reconstruction Project No. 1998-1 was closed. In response to a question as to how the affected property owners feel about this project, Bruce Loney said that most of the property owners realize the need, although they may not be happy with the assessments. A discussion ensued as to whether or not to include the watermain and on the need for an additional public hearing if the service lines are to be assessed. DuBois/Link moved to direct staff to discuss obtaining a watermain study with SPUC, and depending on the results of that study, to hold a public hearing on the watermain service assessments. Motion carried unanimously. A recess was taken at 8:48 p.m. The meeting re-convened at 9:03 p.m. Michael Leek reported that during review of an application for a building permit, staff discovered that the Conklin property consisted of both platted lots and unplatted property. He said they were then directed to provide a plat of the property. Planning Commission reviewed the plat as preliminary and final and recommended that park dedication be paid on the unplatted parcel. Mr. Official Proceedings of the February 17, 1998 Shakopee City Council Page -6- Leek explained that under Minnesota Statutes, park dedication fees cannot be assessed. Staff recommends approval of the plat without requiring park dedication fees. Bob Hanson, Conklin Controller, approached the podium and said the addition amounts to 5,000 square feet parallel to the building. He said it is not fair to assess park dedication fees and asked that the Council consider waiving the fees. He said they have no plans for any other additions. John Barnes, Land Surveyor, approached the podium and stated he would be available for any questions regarding the plat. Sweeney/Link offered Resolution No. 4846, A Resolution of the City of Shakopee, Minnesota, Approving the Preliminary/Final Plat for Conklin Addition, and moved its adoption. Motion carried unanimously. Michael Leek reported that the total number of units for Weston Ponds is 138 with a net area of 15.3 acres, resulting in 7.7 units per acre. The Planning Commission recommends approval subject to conditions contained in Resolution No. 4847. He noted that the transportation study and reference to Vierling Drive in the resolution were deleted, as both are not warranted. A discussion ensued regarding the creation of unsewered-unwatered lots. It was pointed out that there would be no way of getting sewer and water to the lots abutting CR-17, unless the developer is required to do it at this time. Cncl. Sweeney pointed out that the County will not allow cuts into county roads. Michael Leek said it would be appropriate that the final plat include water and sewer to the property lines so they can be served. Gary Grant, Vice President, Pulte Homes, approached the podium and thanked staff and the Planning Commission for their part in presenting the project to them. He said this project serves well educated, younger buyers (25-35 years old), single or married. Ninety percent are first time home buyers. A discussion ensued regarding trails, sidewalks, and collector streets. Michael Leek explained that the general location of Weston Street is too close to CR 17 to be considered a collector street. He said the north-south collector should be further west of Weston Lane in order to serve more properties. In response to a question relating to hammer head type turn around on the private streets, Mr. Grant said they were still working with staff on this. He said that a 24 foot wide roadway was proposed with some room for off-street parking. The hammerhead turn arounds are the suggested lengths and are something to work out with the fire marshall. Mr. Loney stated that cul-de-sacs over 150 feet need some turn around. If the turn around lengths are not acceptable, Mayor Brekke stated that another option would be to loop the road around the development. Official Proceedings of the February 17, 1998 Shakopee City Council Page -7- Following a discussion relating to lot connections and other concerns, Jim Thomson suggested that if Council wishes to modify the plat, it should be done at the Preliminary Plat stage. Mr. Leek stated that the preliminary approval could incorporate items such as the sidewalk along Weston Lane, services to the four lots abutting CR-17, etc. Sweeney/DuBois moved to amend Resolution No. 4847 by identifying the existing conditions "e" and "f' and inserting a new "e" to read: the developer shall provide sewer and water connections to each of the single family lots shown as part of the exceptions between the Plat boundaries and County Road 17. Motion carried unanimously. Sweeney/Link moved to amend Resolution No. 4847, redesignating "f' as "g" and inserting a new"f' designating that outlot A will be deeded to the City at the time of final platting. Motion carried unanimously. Sweeney/DuBois offered Resolution No. 4847, A Resolution of the City of Shakopee, Minnesota, Approving the Preliminary Plat of Weston Ponds, as amended, and moved its adoption. Motion carried unanimously. Sweeney/Amundson moved to direct staff to discuss sidewalk issues specifically with the developer and to bring forth a resolution at the time of the final plat. Motion carried unanimously. DuBois/Sweeney offered Resolution No. 4845, A Resolution of the City of Shakopee, Minnesota, Amending Ordinance No. 465, An Ordinance Approving the Canterbury Park 2nd Planned Unit Development(PUD). (Motion carried under the Consent Agenda.) DuBois/Sweeney moved to authorize the purchase of a two stage air compressor with air dryer from John Henry Foster Minnesota, Inc., for $3,487, plus sales and use tax. (Motion carried under the Consent Agenda.) DuBois/Sweeney moved to accept the successful completion of the six-month probationary period by Timothy Benetti, and direct that his pay be upgraded to Step 2 of Grade J, effective February 11, 1998, per the initial employment agreement. (Motion carried under the Consent Agenda.) DuBois/Sweeney offered Ordinance No. 515, Fourth Series, An Ordinance of the City of Shakopee, Minnesota, Providing a Summary of Ordinance No. 511, Fourth Series, An Ordinance Amending City Code Chapter 10, Public Protection, Crimes and Offenses, by Adding Sections 10.77 and 10.78 Relating to Adult Establishments and Premises Conducive to High-Risk Sexual Conduct, and moved its adoption. (Motion carried under the Consent Agenda.) Official Proceedings of the February 17, 1998 Shakopee City Council Page -8- DuBois/Sweeney moved to authorize the appropriate City officials to execute the Encroachment Agreement between William Pipeline Co. and the City of Shakopee for drainage pond constructed with the Maras Street Improvement Project. (Motion carried under the Consent Agenda.) DuBois/Sweeney offered Resolution No. 4852, A Resolution Amending the Special Assessment Policy (with Regard to Assessing Improvements for Traffic Control to Commercial, Industrial and Institutional Zoned Properties), and moved its adoption. (Motion carried under the Consent Agenda.) Bruce Loney reported that WSB & Associates has reviewed a traffic study which concluded that improvements such as traffic signalization, widening of Vierling Drive for turn lanes, and the installation of concrete medians are necessary for traffic control in this commercial area along Vierling Drive between Sage Lane and Miller Street. Vierling Drive is proposed to be widened and to have concrete medians installed for turn lanes between Sage Lane and Marshall Road. City staff has determined that at this time no widening would occur between Marshall Road and Miller Street as the lanes could be constructed within the existing pavement width using concrete medians and striping. Staff is proposing to salvage the existing pavement on Vierling Drive by cutting and patching to widen and install concrete medians, and then placing an overlay on the entire pavement width. The City's consultant has determined that the traffic signal will be needed west of Marshall Road at the intersection of Vierling Drive and recommends cable and conduit be installed for future traffic signals so that the roadway will not have to be disturbed in the future. Scott County has also proposed a traffic signal at this intersection. The City will be participating in the cost of the traffic signal as Vierling Drive is a City street. Preliminary discussions with Scott County and the City indicate that the traffic signal should be included as part of the City project with Scott County reimbursing the City for their share of the cost. Assessing 100% of the improvements to Vierling Drive to the benefiting properties, with the exception of the bituminous overlay, was recommended. Mr. Loney said that the City would benefit from the overlay as it will extend the pavement life of Vierling Drive and recommended that the City pay for 50% of the construction cost for the bituminous overlay. Total costs for Vierling Drive west of Marschall Road are $284,138.94 and the City's portion is $13,724.22. Costs for Vierling Drive on the east side of Marschall Road total $26,149.06 to be assessed 100%. The traffic signal costs total $130,000 and is to be split between the City and Scott County at$65,000 each. DuBois/Link offered Resolution No. 4834, A Resolution Receiving a Report and Calling a Hearing on an Improvement to Vierling Drive, from Sage Lane to Miller Street, Project No. 1998-2, and moved its adoption. Motion carried unanimously. Official Proceedings of the February 17, 1998 Shakopee City Council Page -9- DuBois/Sweeney offered Resolution No. 4842, A Resolution Ordering the Preparation of a Report on an Improvement to Vierling Drive, from County Road 15 to Fuller Street, and moved its adoption. (Motion carried under the Consent Agenda.) DuBois/Sweeney offered Resolution No. 4851,A Resolution Accepting Work on the Bituminous Overlay on 10th Avenue, from County State Aid Highway 17 to Shakopee Avenue; and Swift Street, from 10th Avenue to Shakopee Avenue, Project No. 1996-1, and moved its adoption. (Motion carried under the Consent Agenda.) DuBois/Sweeney offered Resolution No. 4850, A Resolution Adopting the Revised Assessment for the County Road 16 Sanitary Sewer and Water Service Outlot D, Canterbury Park 2nd Addition, Project No. 1994-11, and moved its adoption. (Motion carried under the Consent Agenda.) DuBois/Sweeney offered Resolution No. 4849, A Resolution of Concurrence with Scott County Resolution No. 98017, Revoking County State Aid Highway No. 18, and moved its adoption. (Motion carried under the Consent Agenda.) Sweeney/DuBois moved to approve the payment of assessment settlement as listed in the assessment settlement letter from Jim Thomson, City Attorney, dated February 13, 1998, for payments to be distributed by the City Attorney. (County Road 16 assessment to parcels owned by Mr. Eugene Hauer) Motion carried unanimously. (City Clerk Document No. 261) DuBois/Sweeney offered Resolution No. 4832, A Resolution Changing the March 3, 1998, Council Meeting Date to Monday, March 2, and moved its adoption. (Motion carried under the Consent Agenda.) Mark McNeill reported that on February 3rd, he and Cncls. Amundson and Link were appointed to interview the candidates for various boards and commissions and interviews were conducted on February 12. He recommended appointing Patricia Langdon to the two Cable Boards and leaving the remaining vacancy open at this time. In addition, the City Attorney has researched the possibility of increasing the SPUC commissioners from three to five and reported it would require a legislative act to do so. He recommended approval of Resolution No. 4853, a revised copy that has been placed on the table. Mayor Brekke thanked Mr. McNeill and Cncls. Link and Amundson for their time in interviewing the candidates. -- Sweeney/DuBois offered Resolution No. 4853, A Resolution Appointing Individuals to Various Boards and Commissions, and moved its adoption. Motion carried unanimously. Official Proceedings of the February 17, 1998 Shakopee City Council Page -10- Sweeney/DuBois moved to direct the City Attorney to further research the legislative action necessary to change the number of SPUC commissioners from three to five. Motion carried unanimously. Mark McNeill reported that the proposed long-term employee retirement benefit will equalize benefits between non-contract employees and the police and public works unions. It also provides for a one-time lump sum benefit of between 17 and 18% of their final annual salary, depending on the years of service. He recommended equalizing benefits where possible. A discussion ensued regarding retirement benefits to long-term employees and the fairness of benefits not available to non-union employees. Sweeney/DuBois moved to table discussion of retirement benefits for non-contract employees for future discussion with additional information as to the real impacts. Motion carried unanimously. DuBois/Sweeney moved to authorize the reduction of the letter of credit for public improvements in Prairie Village 2nd Addition to $95,000. (Motion carried under the Consent Agenda.) Mark McNeill said that Council is asked to establish a workshop meeting to discuss collector street financing and garbage pickup issues. This has typically been done on the Tuesdays when the Council is not scheduled to meet. Workshops were set for March 24 from 4:30-7:00 p.m. and April 28 from 4:30-7:00 p.m. DuBois/Sweeney moved to authorize the City Clerk to execute a "Request for Gambling Proceeds"from the VFW. (Motion carried under the Consent Agenda.) DuBois/Sweeney moved to direct staff to prepare a 1998 Budget amendment increasing the Fire Department capital equipment appropriation by $4,300. (Motion carried under the Consent Agenda.) DuBois/Sweeney moved to receive and file the communication from the VFW regarding funds raised for the Fire Deptartment to be used to purchase equipment. (Motion carried under the Consent Agenda.) Mark McNeill reported that Julie Hagen did not satisfactorily complete her probationary period as Building Inspector and was terminated on Friday. He asked City Council to affirm that action. Sweeney/DuBois offered Resolution No. 4860, A Resolution Terminating the Employment Status of Probationary Employee Julie Hagen, and moved its adoption. Motion carried unanimously. Official Proceedings of the February 17, 1998 Shakopee City Council Page -11- Sweeney/Amundson moved to authorize the advertisement to fill the position of Building Inspector. Motion carried unanimously. Sweeney/Link moved to adjourn. Motion carried unanimously. The meeting was adjourned at 10:30 p.m. 2(tj4 e16 dith S. Cox City Clerk Esther TenEyck Recording Secretary OFFICIAL PROCEEDINGS OF THE CITY COUNCIL REGULAR SESSION SHAKOPEE,MINNESOTA MARCH 2, 1998 Mayor Brekke called the meeting to order at 7:01 p.m. with Councilmembers Amundson, Link, Sweeney and DuBois present. Also present: Mark McNeill, City Administrator; Bruce Loney, Public Works Director/City Engineer; Gregg Voxland, Finance Director; Paul Snook, Economic Development Coordinator; Judith S. Cox, City Clerk; Jim Thomson, City Attorney; and Mark McQuillan, Park and Recreation Director. Judith Cox, City Clerk, swore in the new Police Chief, Daniel Hughes. The Pledge of Allegiance was recited. Sweeney/Amundson moved to approve the agenda. Motion carried unanimously. The following items were removed from the Consent Agenda: 15.E.1. Conveyance of Property to the School District. DuBois/Amundson moved to approve the Consent Agenda as modified. Motion carried with Cncl. Sweeney abstaining from 15.E.6. Cable Television Appointment, Res. No. 4858. Liaison reports were given by Councilmembers. Cncl. Sweeney said he had discussed with the County appraisers the possibility of getting into records of the City, the distribution of housing, by price range, within the City. He said he was assured that this could be done. However, the cost would be $75. Sweeney/Amundson moved to approve the expenditure of approximately $75 to acquire a data base on housing, by price range, in the City. Motion carried unanimously. A discussion ensued regarding a rental rate survey as it relates to the Livable Communities Act. Staff was directed to obtain rental information from Scott County HRA and to give a Livable Communities Act report. Mr. Jaffa, Executive Director, Scott County HRA, said that his agency would work with the City to come up with information on rental units within the City. DuBois/Link offered Resolution No. 4857, A Resolution of Appreciation to Marcia Spagnolo, and moved its adoption. Motion carried unanimously. Mayor Brekke than read and presented a framed copy of the resolution to Marcia Spagnolo. Mayor Brekke gave the Mayor's Report. Mayor Brekke asked if there were any interested citizens present in the audience who wished to address the City Council on any item not on the agenda. There was no response. Official Proceedings of the March 2, 1998 Shakopee City Council Page -2- A recess was taken at 7:30 p.m. for the purpose of conducting the Economical Development Authority meeting. The meeting re-convened at 8:16 p.m. DuBois/Amundson moved to approve the February 3, 1998, minutes. (Motion carried under the Consent Agenda.) DuBois/Amundson moved to approve bills in the amount of$749,167.54. (Motion carried under the Consent Agenda.) Carol Schultz, Executive Director, Chamber of Commerce, approached the podium and explained the mission, goals and objectives, and the 1998 Budget for the Convention and Visitor Bureau. She said their goal is to increase leisure and individual tourism, which they are focusing on expanding to year-round. They are working to increase the awareness as to the impact tourism has as an asset. They will also work harder to market meetings and conventions. As for the Budget, the primary source of income is the Hotel/Motel tax at $132,000. The tourism grant is a 50/50 match for advertising or trade shows attended outside the state. The total Budget is $189,900. Mayor Brekke encouraged Ms. Schultz to register a domain name such as www.shakopee.com before it is taken. He envisioned this as a launching pad for a variety of information about the community. Sweeney/Link moved to receive and file the Shakopee Area Convention and Visitor Bureau 1998 Budget Report. Motion carried unanimously. DuBois/Amundson moved to grant the developer of White Pines Addition an additional twelve (12) month time period for Preliminary Plat approval for White Pines Addition, and moved its adoption. (Motion carried under the Consent Agenda.) Bruce Loney reported that upon further review of the 1998 Street Reconstruction, Project No. 1998-1, to determine if lead or galvanized water services exist and whether the cost could be assessed to the property owners, SPUC has decided to replace the watermain based on past practice of policy. As for the lead or galvanized services, none were indicated. He said that the City only needs to approve an amendment to the feasibility report which describes the replacement of water service work and how it is to be assessed. With regard to the 6th Avenue collector street sidewalk, there would be an additional $21,000 added to the City tax levy with the City paying 100% of the sidewalk costs. The assessment on 6th Avenue would also be reduced from $30.65 per front foot to $24.06 per front foot. The total tax levy would increase from $532,061.37 to $553,797.37. Official Proceedings of the March 2, 1998 Shakopee City Council Page -3- Mr. Loney said he has reviewed the 4th Avenue reconstruction project and stated that the Knights of Columbus do not need the watermain extended at this time and the project can be postponed. The street blocks east of Holmes Street and Sommerville would be suggested areas for any reduction of the project area. He said there has been enough support from the County and schools as a result of the public meetings to complete the street collector route, provide additional parking, and sidewalk pedestrian routes for the schools and County courthouse in this area. Sweeney/Link moved to approve the amendment presented to the feasibility report for the 1998 Street Reconstruction Project. Motion carried unanimously. DuBois/Sweeney offered Resolution No. 4854, A Resolution Ordering an Improvement and Preparation of Plans and Specifications for the 1998 Reconstruction Project No. 1998-1, and moved its adoption. Motion carried unanimously. Bruce Loney reported that the total costs for the Maras Street improvements for construction, engineering, administration and right-of-way acquisitions is $816,585.76. He said the costs are higher due to full time inspection and as a result of the project taking several years to complete. He said that while the construction bid was 11% over the feasibility study estimate, the final project costs were under the original bid, and Ryan Contracting has submitted a letter stating there will be no claims on the project. However, there were some soil correction costs totaling $24,000. The right-of-way acquisition costs were higher than estimated due to higher land values and acquisition prices as well as a larger area needed for the regional pond. Bruce Loney discussed assessment issues, explaining that a new corner lot assessment policy has been adopted and is being recommended for this project. He said this is an overall cost of project to connect the roadway, and the length of roadway adjacent to the wetland should not be included in the assessment calculations. Regarding the Zacharius property, he said 60 feet were taken in order to build the road which is also under an NSP easement. He said because it is under an NSP easement, a short-side assessment is recommended for the parcel. Chris Anderson, 1438 Maras Street, approached the podium and said if this land is not wetland, assessments should be equal for the properties involved. A discussion ensued as to whether or not this area is delineated as a wetland. Bruce Loney explained that this area was wetland. However, it has been re-evaluated due to hydrology which enabled the roadway to be built. He said he did not know if it would remain a wetland and recommended dealing with it as it is currently delineated. Official Proceedings of the March 2, 1998 Shakopee City Council Page -4- The total cost proposed to be assessed with this project is $503,611.76. Bruce Loney recommended not assessing any of the storm water ponding area for the Eagle Creek Watershed due to the storm drainage fees. The cost for storm drainage fees would then be $484,253.03. While the cost of the pond is over $300,000, it will serve a large area and will provide for industrial and commercial areas within the Eagle Creek Watershed. He said this is an investment for future development, and future development trunk fees will pay into this as well as existing storm drainage fees paid by developed properties. Chris Anderson approached the podium to discuss assessments for his office/warehouse condominium. He said the entire commons area is being assessed to him and requested this be equally assessed to the four properties involved. Mr. Thomson said this could be looked at between now and the assessment hearing. Mr. Anderson then asked about the soil corrections totaling approximately $24,000. Bruce Loney explained that staff had to clean up and dispose of both the solid waste and the soil. Mr. Anderson suggested there must be a better way to correctly determine what is underground when determining a project estimate. Sweeney/DuBois offered Resolution No. 4855, A Resolution Declaring the Cost to be Assessed and Ordering the Preparation of Proposed Assessments for Maras Street, from 13th Avenue to County Road 18, Project No. 1996-4, and moved its adoption. Motion carried unanimously. Since Councilmembers did not have copies of the resolution, Mr. Thomson announced that the amount to be assessed is $484,253.03. Bruce Loney reported that the preliminary plans for Southbridge Parkway have been completed but are not approved at this time. He said the developer will be providing security for the collection of assessments prior to awarding the bid, which is scheduled for April 7, 1998. A 60 day holding period is proposed to be incorporated into the advertisement for bids to allow additional time in awarding the contract, if necessary. Temporary easements were provided by the developer and will expire once the plat is recorded. Mn/DOT has also indicated they will provide a permit for the construction of the road and utilities, through their property, until the final purchase is complete. Staff has met with the Prior Lake-Spring Lake Watershed District, Lower Minnesota River Watershed District, Valley Green Business Park and the City regarding the Dean Lake Diversion Channel design and cost sharing. They have agreed that a diversion channel is in the best interest in managing the water quality of Dean Lake as well as upgrading degraded wetlands. The cost is estimated to be $200,000. The City's cost sharing portion is 30% as there will be significant drainage area into this channel once fully developed. The City will also receive $1 million dollars in storm trunk water fees and will be responsible for oversizing costs for stormwater improvements of approximately $60,000. Bruce Loney explained that the most cost effective way to bid landscaping and restoration for the street collector is to have separate plans and a separate bid. Separate plans will be submitted at a Official Proceedings of the March 2, 1998 Shakopee City Council Page -S- later date and street lighting will be installed by SPUC with the cost to be included in the assessments to the developers. He said the bid will not be awarded if there are platting issues regarding the wetland mitigation plan or the letter of credit on assessments. A discussion ensued regarding the diversion channel and discharge control. Bruce Loney said discussions have also occurred with Prior Lake regarding a Joint Powers Agreement in which they have agreed to fully participate in future channel improvements, operations and maintenance. He said flow would also need to be monitored. In response to a question regarding transportation issues, Brett Weiss, WSB and Associates, Engineering Consultant, approached the podium and said a temporary signal at CR 18 and future CR 21 will not meet the warrant requirements for a signal until approximately 80% of the residential portion is developed. He said there have been discussions to include a method of paying for the temporary signal system in the developer's agreement, if it is necessary, prior to the time that CR 21 is installed. He said once CR 21 is installed this would become the City's responsibility. The connection to CR 21 will be assessed to the developer. Regarding the cul de sac issue, Mr. Weiss said that the County has not identified when CR 21 will be constructed. They are constructing two lanes in either side of a 30 foot median along with turn lanes. There are also median breaks at access points. SPUC has also been asked to move their watermain to the edge of the right-of-way to prevent watermain breaks. When asked if this is adequate and safe transportation without CR 21 in place, Mr. Weiss said with a large median and left and right turn lanes, this is a superior road. In response to the CR 21 intersection, he said he would prefer to see a signal installed. However, it cannot be justified at this time. In response to fire access concerns, Bruce Loney explained that the topography had determined this design and the only other option is not to move forward. He said the key is to go out for bids, and if there is a problem in approving the plat, the bids can be held. A five year build out is anticipated. In response to concerns regarding ramifications if CR 21 is never built, Brett Weiss said he did not anticipate any problems from an Engineering point of view and said he was comfortable with the design. Jon Albinson, Valley Green Business Park, approached the podium and said that the County will acquire the right-of-way for CR 21 this summer and soon afterward will require an EIS. He said construction is anticipated to begin by 2002. He added that this collector street is designed to function safely if CR 21 is never built. Oficial Proceedings of the March 2, 1998 Shakopee City Council Page -6- Sweeney/DuBois offered Resolution No. 4856, A Resolution Approving Plans and Specifications and Ordering Advertisement for Bids for Southbridge Parkway Collector Street, Utilities, and Appurtenant Work Within the East Dean Lake Planned Unit Development Project No. 1997-4, and moved its adoption. Motion carried unanimously. DuBois/Link moved to direct the City Attorney to prepare the necessary documents for the Dean Lake Diversion Channel cost sharing between the developers of Southbridge 1st Addition, Prior Lake-Spring Lake Watershed District, Lower Minnesota River Watershed District and the City of Shakopee. Motion carried unanimously. A recess was taken at 9:38 p.m. The meeting re-convened at 9:46 p.m. Sweeney/Amundson offered Resolution No. 4859, A Resolution Adopting the Revised Assessments for Vierling Drive, from County Road 15 to Presidential Lane Project No. 1994-7, and moved its adoption. Motion carried with Cncl. Link abstaining. DuBois/Amundson offered Resolution No. 4843, A Resolution of the Shakopee City Council Authorizing Application for a $11,300 Grant for the Minnesota Auto Theft Prevention Program, and moved its adoption. (Motion carried under the Consent Agenda.) DuBois/Amundson moved to approve the purchase of conference room tables and a training room projection table from Pink Business Systems for a total price of $3,941.88. (Motion carried under the Consent Agenda.) DuBois/Amundson moved to approve the purchase of specified equipment for the fire station: workstations for $49,646.83 from Metro Systems, table for $815.34 from Falcon, and chairs and stools for$1,365.28 from Pink Business Systems. (Motion carried under the Consent Agenda.) DuBois/Amundson moved to approve the purchase of a Unimac washer/extractor, Model UC35PN2 and a Unimac gas dryer, Model DTB50CG from BDS Laundry Equipment Company for$5,955,plus sales tax. (Motion carried under the Consent Agenda.) Mark McQuillan explained that the major focus of the proposed Recreation Supervisor position is to assume the responsibilities of the Director and develop after school activities for youth and senior active programs. He also outlined the requirements, explaining that this would be an entry level position equivalent to a Tech II (Grade I) position with a salary range between $29,780 - $37,224. He also recommended changing the current Recreation Assistant title to Recreation Supervisor II for easier identification of differences between the two positions. There would be no salary or benefit changes. Official Proceedings of the March 2, 1998 Shakopee City Council Page -7- A discussion ensued regarding the minimum one year experience requirement for the Recreation Supervisor. Mark McQuillan explained that the minimum one year experience does not mean it has to be full time. He said there are a number of people working for various Park and Recreation programs that would qualify, including interns. Link/DuBois moved to approve the job description for Recreation Supervisor I. Motion carried unanimously. (City Clerk Document No. 262) DuBois/Link offered Resolution No. 4844, A Resolution Amending Resolution No. 4799, Which Adopted the 1998 Pay Schedule for the Officers and Non-Union Employees of the City of Shakopee, and moved its adoption. Motion carried unanimously. DuBois/Sweeney moved to authorize the appropriate City Officials to utilize Scott County Personnel in the advertising and hiring of a Recreation Supervisor I for the Parks and Recreation Department. Motion carried unanimously. Sweeney/Link moved to authorize and direct the appropriate City officials to sign the necessary documents to convey approximately three and one-half acres located at the southwest corner of County Highways 78 and 79 to I.S.D. 720 for $130,000, plus costs. Motion carried unanimously. Mark McNeill reported that the Board of Review for 1998 will meet May 12 and 26, 1998, and the Council is asked to select two members to serve on the Board. Cncls. DuBois and Amundson said they would be willing to volunteer to serve on the Board of Review and were therefore appointed. DuBois/Amundson moved to approve the application and grant a temporary on-sale liquor license to the Church of St. Mary's, 535 S. Lewis Street for March 15, 1998. (Motion carried under the Consent Agenda.) Mark McNeill explained that the Council's last goal setting session was in early 1996 which resulted in nine or ten priorities. The Council was asked whether it wishes to establish a goal setting session for 1998. A suggested date was April 28. DuBois/Amundson moved to direct staff to contract with Peter Cotton for a Council workshop for April 28, 1998, at 4:30 p.m. A discussion ensued regarding pros and cons to setting a goal setting session in-house versus having an outside facilitator. Mark McNeill said an outside facilitator would enable all who Official Proceedings of the March 2, 1998 Shakopee City Council Page -8- attend to participate in the process. He recommended Peter Cotton because his fee was reasonable. Motion carried unanimously. DuBois/Amundson moved to recommend that the Council designate Saturday, April 25, 1998, as Clean-up Day. Motion carried unanimously. DuBois/Amundson offered Resolution No. 4858, A Resolution Appointing Individuals to Various Boards and Commissions, and moved its adoption. (Motion carried under the Consent Agenda with Councilman Sweeney abstaining.) Cncl. DuBois requested that the Councilmembers receive monthly information regarding the BIA land trust issue from the attorney. Mark McNeill said whatever information is received is passed on to the Councilmembers as it is received. He said if a monthly update is requested, there would be an additional hourly bill. Jim Thomson said he could provide status updates monthly. A discussion ensued regarding a 32 foot parcel of property in connection with the Market Place subdivision that was not included in the legal description. Mark McNeill said to his understanding, ownership of the 32 foot parcel is not something to which clear ownership can be determined. He said the real question is whether or not this is a City issue and whether it is appropriate for the City to get involved. He said that he would discuss this with Mr. Leek and that a report would be provided. Cncl. Sweeney said that Shakopee Public Utilities has received a number of calls regarding the increased sanitation bills. Apparently a flyer was not inserted in the last billing. Mark McNeill explained that a flyer was mailed with the previous SPUC bill and suggested that they should have been mailed with the most recent billing. Mayor Brekke recessed the meeting at 10:18 p.m. for an executive session to discuss matters permitted under attorney-client privilege. Mayor Brekke re-convened the meeting at 10:29 p.m. No action was taken by the City Council during the Executive Session. DuBois/Link moved to adjourn. Motion carried unanimously. The meeting was adjourned at 10:29 p.m. u th S. Cox, C ty Clerk Cher TenEyck, Recording Secretary /l CITY OF SHAKOPEE CONSENT Memoranda TO: Mayor and Council Mark McNeill, City Administrator FROM: Gregg Voxland, Finance Director RE: City Bill List DATE: March 12, 1998 Introduction and Background Attached is a print out showing the division budget status for 1998 based on data entered as of 03/12/98 . Also attached is a regular council bill list for invoices processed to date for council approval . Included in the check list but under the control of the EDA are checks for the EDA General Fund (code 0191-xxxx) and Blocks 3&4 (code 9439 & 9447) in the amount of $538 . 79. Action Requested Move to approve the bills in the amount of $544, 776. 71 l CITY OF SHAKOPEE EXPENSES BY DEPARTMENT 03/12/98 CURRENT YEAR ANNUAL MONTH TO PERCENT DEPT DEPT NAME BUDGET ACTUAL DATE EXPENDED 11 MAYOR & COUNCIL 65,330 273 9,280 14 12 CITY ADMINISTRATOR 225,000 5,886 30,897 14 13 CITY CLERK 182,430 5,644 27,407 15 15 FINANCE 326,090 7,611 45,443 14 16 LEGAL COUNSEL 253,500 3,413 47,808 19 17 COMMUNITY DEVELOPMENT 474,700 8,773 57,409 12 18 GENERAL GOVERNMENT BUILDINGS 153,890 5,071 15,931 10 31 POLICE 1,786,920 66,324 281,213 16 32 FIRE 482,560 9,292 46,493 10 33 INSPECTION-BLDG-PLMBG-HTG 261,400 7,011 36,847 14 41 ENGINEERING 442,010 13,821 58,688 13 42 STREET MAINTENANCE 828,580 14,233 103,687 13 44 SHOP 125,890 9,909 18,163 14 46 PARK MAINTENANCE 373,940 9,744 46,448 12 91 UNALLOCATED 635,480 541 317,972 50 TOTAL GENERAL FUND 6,617,720 167,547 1,143,687 17 17 COMMUNITY DEVELOPMENT 485,570 7,300 44,918 9 TOTAL TRANSIT 485,570 7,300 44,918 9 19 EDA 156,600 2,014 8,448 5 TOTAL EDA 156,600 2,014 8,448 5 ra In CIS PI H H 01 H ai 04 H H H 04 H H aI 04 H H as al H H 04 H al H 04 H ai H O O O O O O a w 001 01 0 Z NN CDO CO W H H C.) 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CO 0 01 O H CO N cr N CO O U) O r1 CI H 0 10 01 N N S CO 10 r 1 C') 10 O U) N (V N N1.0 e)' 01 O O l0 CO 0 CO LC1 0 N l0 N 01 01 U) N 01 H 0 01 � l0 Ui NCO H N f? 41 0) LO � H 10 N N 01 d, N 01 d' H 40- N +/1. 0) w 40- .11 H +Hn yr +/� M. Lrl 4/1- R z E-4 H ZZ H H (i. Z X W Cl) 'JE 5 W E• C4 w x Z U Cl) 0 > a a Z a al Ca W 4 H a IX 0 Cl) > w Z �' a E >+ rt. ) H H E+ Z 0 K 0 Z X PE:: to aKC \ A H a Z Ei 3 E CO z a H 0 CO E m H a a w a° w IX CO a1 o C.) E C.) y U CCD E W a U H GH. W CT H � rE) a H Ti) H W U H cr 0 H N H O 01 0 0 0 0 0 0 N N M er Ti. d' H 01 U) CO d' U) .a 0 H H ' w Tr 'Cl. w V. N N N N Co Co H 4* zr: 4t It 4t 4* 4t x ft It It It It x � z- �4. March 1, 1998 ,. Shakopee, Minnesota CONSENT -.J Dear Shakopee Cable Access Corporation Board, Regrettably, I must advise you of my desire to resign from this board. This is effective immediately. It ha leen my pleasure to work with you. i` ? / ' 49 / Joel Cole RECOMMENDED ACTION: Accept the resignation of Joel Cole from the Community Access Corporation Board of Directors, with regrets. RECEIVED MAR ; 2 1998 CITY OF SHAKOPEE RESOLUTION NO. 4870 A Resolution (tV 1St o Ordering An Improvement And Preparation Of t l h? Plans And Specifications To Vierling Drive, From Sage Lane To Miller Street Project No. 1998-2 WHEREAS, Resolution No. 4834 adopted on February 17, 1998, fixed a date for Council hearing on the proposed improvement of Vierling Drive from Sage Lane to Miller Street by the installation of traffic signali7ation, widening of the existing pavement surface including concrete and curbs, sidewalk, bituminous paving, storm sewer, raised concrete medians, street lighting and appurtenant work as described in the feasibility report for the project;and WHEREAS, ten days published notice of the hearing through two weekly publications of the required notice was given and the hearing was held on the 17th day of March, 1998, at which all persons desiring to be heard were given an opportunity to be heard. NOW,THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE,MINNESOTA: 1. That the improvement is ordered as hereinafter described: Installation of traffic signali7ation,widening of the existing pavement surface including concrete and curbs, sidewalk,bituminous paving, storm sewer,raised concrete medians, street lighting and appurtenant work as described in the amended feasibility report for the project;and 2. Bruce Loney, Public Works Director, is hereby designated as the engineer for this improvement. He shall prepare plans and specifications for the making of such improvements. 3. The work of this project is hereby designated as part of the 1998-2 Public Improvement Program. Adopted in session of the City Council of the City of Shakopee, Minnesota,held this day of , 1998. Mayor of the City of Shakopee ATTEST: City Clerk / 3 CITY OF SHAKOPEE Memorandum TO: Mayor& City Council Mark McNeill, City Administrator FROM: Bruce Loney, Public Works Director SUBJECT: Vierling Drive Improvements from Sage Lane to Miller Street Project No. 1998-2 DATE: March 17, 1998 INTRODUCTION: Attached is Resolution No. 4870, a resolution ordering the improvement and plans and specifications for Project No. 1998-2 an improvement to Vierling Drive, from Sage Lane to Miller Street. Also attached for Council consideration is an extension agreement for engineering design services from WSB & Associates, Inc. if this project is approved and a Cooperative Agreement with Scott County on the traffic control signal. BACKGROUND: On September 2, 1997, Resolution No. 4729 was adopted by the City Council which ordered the preparation of a feasibility report for an improvement to Vierling Drive, from Sage Lane to Miller Street. On February 17, 1998, Resolution No. 4834 was adopted by the City Council which received the feasibility report and called for a public hearing on March 17, 1998 on this project. Since the acceptance of the feasibility report, staff has had additional discussions with Scott County Highway Department, Shakopee Public Utilities staff and the City's Transportation Consultant, WSB & Associates on the comments made by the City Council at the February 17, 1998 meeting. From these meetings, the following items were discussed in further detail which impact the project scope and assessments: 1) Installation of a right turn lane on southbound Marschall Road to westbound Vierling Drive. 2) Reconstruction of the existing left turn lane on northbound Marschall Road to westbound Vierling Drive. 3) Transportation improvements on Vierling Drive, east of Marschall Road. 4) Street lighting improvements within the project area. On Item #1, Scott County is recommending that a right turn lane for southbound Marschall Road be installed with the installation of a traffic control signal at the intersection of CSAH 17 and Vierling Drive. Also, as mentioned in their review letter dated July 8, 1997, that this turn lane is a responsibility of the City or developer. Current County staff guidelines on turn lanes is that the County pay for turn lanes at major intersections for new construction projects. For development improvements, the City/developer pays for any improvements needed on the County Highway. The City's Transportation Consultant, Mr. Charles Rickart of WSB & Associates, Inc. does agree that a right turn lane should be installed to facilitate traffic movements. The cost to construct this turn lane has been estimated by staff to be approximately $31,000 and this cost was not included in the feasibility report. Staff has prepared an attached amended feasibility report to include the cost of right turn lane. The funding options for this turn lane improvement are as follows: 1) 100% assessed cost to the developers. 2) Cost sharing between the developers and City(i.e., 50% - 50% split). 3) Cost sharing between the City and County(i.e., 50% - 50% split). 4) 100% County cost. The recent change in assessment policy for transportation improvements is as follows: "All costs associated with improvements constructed such as widening of a roadway for turn lanes, additional driving lanes, diagonal parking and traffic signalization shall be assessed 100% to the benefiting properties in commercial, industrial, and institutional zoned areas." This policy was intended to apply to transportation improvements on City streets due to impacts from high traffic generator developments. In this case, commercial developments are causing a significant increase in right turn movements off of CSAH 17, however, the residential traffic will benefit as well. The developers agreement and petitions signed by Boulder Ridge and Crossroads Center were for improvements on Vierling Drive. The improvements on CSAR 17 may not be covered specifically by these agreements and petitions. Staff did check with the City Attorney on this issue and his opinion is that the amended feasibility report does allow the cost of the improvements to Marschall Road to be assessed. In the amended feasibility report, staff is recommending funding Option #1 based upon the assessment policy recently adopted to assessed 100% of the transportation improvements to benefiting commercial properties. However, if Council believes these turn lane improvements are not benefiting the commercial properties totally, then a 50% - 50% cost sharing would be recommended for the right turn lane. Vierling Drive is identified currently as a major collector serving as an east-west route of traffic in Shakopee and north of TH 169. In the future, it is anticipated that traffic growth will occur and this roadway is projected to be a"B"minor arterial. On item #2, the reconstruction of the existing left turn lane on northbound CSAH, the County's position is that this upgrade is a City/Developer cost. The Council specifically asked if this left turn lane is adequate to meet the transportation demands at the February 17, 1998 meeting. Staff did review this item with Scott County and WSB & Associates, Inc. The existing turn lane was constructed in 1991 or 1992 by MnDOT in conjunction with the CSAH 17 bridge project over TH 169. The storage length is 200 feet with a 15:1 taper for the 12 foot left turn lane. The transportation review done by Mr. Rickart of WSB & Associates does indicate that a northbound queue length or storage length for the peak hour and ultimate development would be 325 feet. In this area, the geometrics exist for the reconstruction of the left turn lane to accommodate this additional storage length. Typically, a minimum of 300 foot storage length would be constructed unless there are physical constraints. The cost to reconstruct this turn lane on CSAH 17 is estimated at $34,000. Staff believes based on the traffic studies and traffic review that eventually a longer left turn lane will be needed for proper traffic flow and safety. This improvement may not be needed until the commercial property is fully developed and Vierling Drive completed through Shakopee. Staff has contacted the developer for Crossroads Center and he is in favor of reconstructing the left turn at this time. If Council desires to proceed with this improvement at this time, staff would recommend assessing this improvement 100% to the commercial properties west of Vierling Drive as their developments are causing the need to increase the length of the turning lane. On item #3, staff believes the improvements east of Marschall Road should be reduced until the property in the southeast quadrant is developing and City is provided with additional right-of-way dedication, developer agreements and petitions for the transportation improvements on Vierling Drive including a northbound CSAH 17 right turn lane. The traffic lane configuration needed for operation with the signal can be accommodated by traffic striping and included in the traffic control signal cost. The street light proposed at Ramsey Street and Vierling Drive is already a developer obligation that SPUC has not installed as yet. It has been indicated to staff that this street light could be installed this year. If the concrete median and street light are not installed as part of this project, there would be no assessments to the commercial properties east of CSAH 17 at this time. Whether to install the concrete or not will be reviewed further during the preparation of plans. At this time, staff is including the concrete median in the amended feasibility report for possible assessments, if it is determined that this improvement is necessary. On item #4, the street lighting along Vierling Drive west of CSAH 17 is a developer obligation and should be included in the improvement cost and assessed back to the developers. This improvement is included in the amended feasibility report and as recommended by SPUC staff. A summary of the amended feasibility report and recommendations are as follows: 1. A right turn lane improvement has been added and is recommended for installation with the traffic control signal at Vierling Drive and Marschall Road. Cost of this improvement is recommended to be 100% assessed to the commercial properties west of Marschall Road along Vierling Drive. 2. Reconstruction of an existing left turn lane cost has been added and is recommended for installation with the traffic control signal at Vierling Drive and Marschall Road. Cost of this improvement is recommended to be 100% assessed to the commercial properties west of Marschall Road along Vierling Drive. 3. Improvements to Vierling Drive east of CSAH 17 could be eliminated at this time, however, these transportation improvements should occur upon development of the commercial parcel south of Vierling Drive. 4. Street lighting costs that are a developer's obligation should be added to the improvement costs and assessed to the developers. If Council decides to proceed with this project, staff is proposing to utilize WSB & Associates, Inc. for the design of Vierling Drive improvements. WSB & Associates, Inc. is already under contract to design the traffic control signal for the County. Also, staff is recommending a Cooperative Agreement be entered into with Scott County for the traffic control signal at Vierling Drive and CSAH 17. With the agreement, staff is proposing that the roadway improvements and traffic control signal be incorporated as one project with the City as the Lead Agency for better project coordination and cost effectiveness. The County is also in agreement with this arrangement. In the agreement with the County, the provisions are the same as in previous other signal agreements except that the City is designated as the contracting agency and includes an Emergency Vehicle Pre-emption(EVP) item. The EVP item will be bid and may be deleted if the City deems the cost to be unacceptable. ALTERNATIVES: 1. Adopt Resolution No. 4870, which orders plans and specifications for this project as recommended by the amended feasibility report. 2. Adopt Resolution No. 4870, which orders plans and specifications for this project as recommended by the amended feasibility report and as amended by the City Council. 3. Determine that this project should not be constructed at this time and deny Resolution No. 4870. 4. Continue the Public Hearing for additional public comment. 5. Table for additional information. 6. Authorize the appropriate City Officials to execute an extension agreement with WSB & Associates, Inc. for the preparation of Plans and Specifications on Vierling Drive improvements at a cost not to exceed $35,000.00. 7. Authorize the appropriate City Officials to execute a Cooperative Agreement with Scott County on the traffic control signal at Marschall Road and Vierling Drive. RECOMMENDATION: Staff recommends Alternative No. 1, to adopt Resolution No. 4870, to improve Vierling Drive and install a traffic control signal at Vierling Drive and Marschall Road as per the amended feasibility report. Also staff recommends Alternatives Nos. 6 & 7 to execute an extension agreement with WSB & Associates, Inc. for the design of Vierling Drive improvements and to execute an agreement with Scott County for the traffic control signal at Vierling Drive and Marschall Road. ACTION REQUESTED: 1. Offer Resolution No. 4870, A Resolution Ordering Plans and Specifications be Prepared for an Improvement to Vierling Drive, From Sage Lane to Miller Street, Project No. 1998- 2 and move its adoption. 2. Authorize the appropriate City officials to execute an extension agreement with WSB & Associates, Inc. for the preparation of Plans and Specifications on Vierling Drive improvements at a cost not to exceed $35,000.00. 3. Authorize the appropriate City officials to execute a Cooperative Agreement with Scott County on the traffic control signal at Marschall Road and Vierling Drive. Bruce Loney Public Works Director BL/tiv MEM4870 RESOLUTION NO. 4870 A Resolution Ordering An Improvement And Preparation Of Plans And Specifications To Vierling Drive, From Sage Lane To Miller Street Project No. 1998-2 WHEREAS, Resolution No. 4834 adopted on February 17, 1998, fixed a date for Council hearing on the proposed improvement of Vierling Drive from Sage Lane to Miller Street by the installation of traffic signalization, widening of the existing pavement surface including concrete and curbs, sidewalk, bituminous paving, storm sewer, raised concrete medians, street lighting and appurtenant work as described in the feasibility report for the project;and WHEREAS, ten days published notice of the hearing through two weekly publications of the required notice was given and the hearing was held on the 17th day of March, 1998, at which all persons desiring to be heard were given an opportunity to be heard. NOW,THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE,MINNESOTA: 1. That the improvement is ordered as hereinafter described: Installation of traffic signalization,widening of the existing pavement surface including concrete and curbs, sidewalk,bituminous paving, storm sewer,raised concrete medians and appurtenant work as described in the amended feasibility report for the project;and 2. Bruce Loney, Public Works Director, is hereby designated as the engineer for this improvement. He shall prepare plans and specifications for the making of such improvements. 3. The work of this project is hereby designated as part of the 1998-2 Public Improvement Program. Adopted in session of the City Council of the City of Shakopee, Minnesota,held this day of , 1998. Mayor of the City of Shakopee ATTEST: City Clerk - 350 Westwood Lake Office B.A.Mittelsteadt,P.E.Bret A.Weiss,P.E. WSB 8441 Wayzata Boulevard Peter R. W.Sterna,P.E. Minneapolis, MN 55426 Donald W.Sterna,P.E. Ronald B.Bray,P.E. 612-541-4800 &Associates,Inc. FAX 541-1700 March 12, 1998 Mr. Bruce Loney, P.E. Public Works Director/City Engineer City of Shakopee 129 Holmes Street South Shakopee, MN 55379-1376 Re: Estimate of Cost to Provide Engineering Services Vierling Drive - Sage Lane to Miller Street WSB Proposal No. 021.98 Dear Mr. Loney: According to our Agreement for Professional Services within the City of Shakopee and Section I-C-2 (Major Projects),this extension agreement is written to provide you with an estimate of cost for engineering services for the above-referenced project. We are proposing to complete the work, as detailed on the attached scope of services, Exhibit"A". The attached work plan describes the approach and tasks proposed to be completed by WSB. It should be noted that the work plan includes design surveying, and engineering design. Payment of services would be completed by the following schedule: Design surveying and base map (cost-reimbursable, not to exceed) $3,000 Engineering Design Fee (cost-reimbursable; not to exceed) $32,000 Total $35,000 It is proposed that all work under the contract would be considered complete after the preconstruction conference. The construction management phase would be initiated after the preconstruction conference. We are available to begin work plan as soon as authorized by the City and we anticipate to complete the project according to the following schedule, assuming that we receive the notice to proceed on March 17, 1998. We would propose to complete the project according to a tentative schedule noted as follows: Public hearing March 17, 1998 Order plans and specs March 17, 1998 Receive plans and specs/Order ad for bid May 5, 1998 Receive bids June 5, 1998 Award contract June 16, 1998 Begin construction July 1, 1998 Substantial construction completion Fall, 1998 Infrastructure Engineers Planners F:IWYWIMPROPOSAL101/.98103!198.b! EQUAL OPPORTUNITY EMPLOYER Mr. Bruce Loney, P.E. Public Works Director/City Engineer City of Shakopee Shakopee, MN March 12, 1998 Page 2 The City of Shakopee agrees to reimburse WSB &Associates for these services in accordance with Section IV of the Agreement for Professional Services. If this agreement meets with your approval, please sign below and return one copy to our office. Sincerely, WSB&Associates,Inc. sj-jr, Bret A. Weiss, P.E. City Administrator Vice President City Clerk Mayor Date lv FI WPWIMPROPOSAL 1011.981031298.61 Exhibit A Vierling Drive - Sage Lane to Miller Street City of Shakopee, MN WSB Proposal No. 021.98 WORK PLAN • Project Management This task includes planning and coordination of all work tasks, establishment and monitoring of budgets, and correspondence with the City of Shakopee on a periodic basis. The project manager will provide technical direction on all aspects of the project,review all work products,and prepare monthly progress reports. The project manager will serve a primary role in the many design considerations. • Data Collection All available data will be collected from the City,Scott County,Mn/DOT,private utility companies, and adjacent developers as necessary,to prepare the construction documents. • Surveys/Base Mapping Base mapping will be developed, using information available from the Scott County/City of Shakopee and the developers adjacent to the roadway. This information will be supplemented with field surveys for topographic features, elevation control, and specific utility location. Horizontal control will be tied into the Scott County Coordinate System. Vertical control will be tied into existing elevations established by the City of Shakopee/Scott County in the project vicinity. Field surveying will be completed to acquire additional critical design information not available on the topographic mapping and cross-sections on 100-foot intervals throughout the areas anticipated to be disturbed and graded. • Soils Report Soils information will be used from previous construction and adjacent developers. • Construction Plans/Bidding Documents The construction plans/bidding documents phase includes the bulk of our effort on the project. Some of the activities associated with this phase and included in the project fee are as follows: Description of the Project It is our understanding that the project, as outlined in the feasibility report, includes the following activities: • Surface improvements including all street-related issues on Vierling Drive and Marschall Road(CSAH 17). • Storm sewer adjustments. • Street lighting(to be coordinated with SPUC). • Traffic Signal System (to be coordinated with Scott County). 1 F:IWPW/MPROPOSALI011.981exh-a Exhibit A Vierling Drive - Sage Lane to Miller Street City of Shakopee, MN WSB Proposal No. 021.98 Final Design This phase will include the development of bidding documents as necessary to facilitate construction, as well as receive the necessary agency approvals. Preparation of these documents includes, but is not limited to,the following tasks: Preparation of cross-sections at 30 meter intervals 500-scale (Metric units)plan and profile sheets for street construction, and storm sewer construction. Erosion control/landscaping. • Traffic control. Specification - WSB will utilize the standard City of Shakopee specification and details. Project specific items will be addressed in a special provision section, as well as a supplementary general condition section. Traffic Signal System (provided by County). • Permits All necessary permits will be acquired as a part of the construction plan preparation. The cost of the permits would be paid by the City of Shakopee. • Project Bidding Upon approval of the bidding documents by the City,WSB will distribute the necessary number of plan sets to the City for distribution. WSB will bill the City for the expenses of the plan printing. If requested, WSB will sell the plan sets to prospective bidders and will not refund that deposit to the unsuccessful bidders. In this case,the City would not be billed for the plan printing. • Construction Management/Observation This will be addressed at the time the project is awarded. • Record Drawings These will be completed on a cost-reimbursable basis upon completion of the project. 2 F:IWPW/MPROPOSALI01/.98Iexh•a MAR-13-98 FRI 10:48 P. 02 State Aid Project No. 70-617-16 CSAH 17 Vierling Drive City of Shakopee County of Scott AGREEMENT FOR PARTICIPATION IN THE CONSTRUCTION AND OPERATION OF TRAFFIC CONTROL SIGNAL SYSTEM AND INTEGRAL STREET LIGHT THIS AGREEMENT, Made and entered into this day of , 19 , by and between the County of Scott, a body politic and corporate under the laws of the State of Minnesota, hereinafter referred to as the "County" and the City of Shakopee, a body politic and corporate under the laws of the State of Minnesota, hereinafter referred to as the "City". WITNESSETI-I: WHEREAS, It is considered mutually desirable to install a full traffic actuated traffic control signal system with mast arms and integral street lights at the intersection of County State Aid Highway 17 and Vierling Drive within the City; and WHEREAS, The City has expressed its willingness to participate in the construction and operating cost of said signal system and integral street lights; and WHEREAS, Said work shall be carried out by the parties hereto under the provisions of Minn. Stat. Sec. 162.17. NOW, THEREFORE, IT IS AGREED AS FOLLOWS: The County shall prepare the necessary plans, specifications, and proposals; shall perform the required engineering and inspection. The City shall install, or cause the installation of a full-traffic actuated traffic control signal system with mast arms and integral street lights at the intersection of County State Aid Highway 17 and Vierling Drive. Such installation, as described immediately above, shall be identified and accomplished under City Project No. 1998-02, hereinafter referred to as the "project", all in accordance with said project plans and specifications which plans and specifications are by this reference made a part hereof. I I The term specifications as used herein shall mean the 1995 Edition of the Minnesota Department of Transportation "Standard Specifications for Construction" and the project special provisions. 1 MAR-13-98 FRI 10:49 P. 03 State Aid Project No. 70-617-16 CSAR 17 @ Vierling Drive City of Shakopee County of Scott IIl The City agrees that any City license required to perform electrical work within the City shall be issued to the Contractor or the County at no cost to the Contractor or the County. Electrical inspection fees shall be not more than those established by the State Board of Electricity in the most recently recorded Electrical Inspection Fee Schedule . IV The City shall install, or cause the installation of an adequate three wire, 120/240 Volt, single phase, alternating current electrical power connection to the controller cabinet of the project at the sole cost and expense of the City. The City shall provide the electrical energy for the operation of the traffic control signal system and integral street lights to be installed under the project, all at the sole cost and expense of the City. V The City shall advertise for bids for the construction of this project, receive and open bids pursuant to said advertisement and enter into a contract with the successful bidder at the unit prices specified in the bid of such bidder, according to law in such case provided for cities. The contract is in form and includes the plans and specifications prepared by the City or its agents, which said plans and specifications are by reference made a part hereof. VI The construction cost of the project shall be the contract cost. It is understood that the estimated construction cost stated hereinafter is for informational purposes only, The estimated construction cost of this project is $130,000. VII The County shall, as its share of the construction costs, pay the City fifty percent (50%) of the actual construction cost of the traffic control signal system with integral street light's. The City shall pay the County ten percent (10%) of such share of the construction cost as payment for the engineering design of the traffic control signal system; and eight percent (8%) of such share of the construction cost as payment for inspection of the traffic control signal system. 2 MAR-13-98 FRI 10:50 P. 04 State Aid Project No. 70-617-16 CSAH 17©Vierling Drive City of Shakopee County of Scott VIII The County shall, include Emergency Vehicle Pre-emption (EVP) system construction with the project. This item will be bid and may be deleted if the City deems the unit price bid to be unacceptable. IX The EVP construction cost shall be the contract cost. It is understood that the estimated construction cost stated hereinafter is for informational purposes only. The estimated construction cost of the EVP is $ 10,000. The City shall, as its share of the EVP construction costs, pay the County one hundred percent (100%) of the actual EVP construction cost. X The County shall require the City to obtain a permit authorizing the initial activation of the EVP system. The permit will evaluate the activation status of EVP systems on other traffic signals on the roadway system. For public safety reasons, the County will require EVP system continuity on the County Highway system. XI The City shall not revise by addition or deletion, nor alter or adjust any component, part, sequence, or timing of the aforesaid traffic control signal system; however, nothing herein shall be construed as restraint of prompt, prudent action by properly constituted authorities in situations where a part of such traffic control signal system may be directly involved in an emergency. XII Upon completion of the work, the County shall maintain and repair said traffic control signal system at the sole cost and expense of the County. Further, the County shall maintain the integral street lights for the City except for maintaining photoelectrical controls, relamping, glassware, and cleaning of the glassware thereof. XIII The construction of this project shall be under the supervision and direction of the City. However, the County Engineer shall cooperate with the City Engineer and his staff at their request to the extent necessary, but shall have no responsibility for the supervision of the work. 3 MAR-13-98 FRI 10:50 P, 05 State Aid Project No. 70-617-16 CSAH 17 @ Vierling Drive City of Shakopee County of Scott XIV Neither the County, its officers, agents or employees, either in their individual or official capacity, shall be responsible or liable in any manner to the City for any claim, demand, action or cause of action of any kind or character arising out of, allegedly arising out of or by reason of the performance, negligent performance or nonperformance of the hereinbefore described maintenance, restoration, repair or replacement work by the City, or arising out of the negligence of any contractor under any contract let by the City for the performance of said work; and the City agrees to defend, save and keep said County, its officers, agents and employees harmless from all claims, demands, actions or causes of action arising out of negligent performance by the City, its officers, agents or employees. XV It is further agreed that neither the City, its officers, agents or employees, either in their individual or official capacity, shall be responsible or liable in any manner to the County for any claim, demand, action or cause of action of any kind or character arising out of, allegedly arising out of or by reason of the performance, negligent performance or nonperformance of the hereinbefore described maintenance, restoration, repair or replacement work by the County, or arising out of the negligence of any contractor under any contract let by the County for the performance of said work; and the County agrees to defend, save and keep said City, its officers, agents and employees harmless from all claims, demands, actions or causes of action arising out of negligent performance by the County, its officers, agents or employees. XVI It is further agreed that each party to this agreement shall not be responsible or liable to the other or to any other person whomsoever for any claims, damages, actions, or causes of actions of any kind or character arising out of, allegedly arising out of or by reason of the performance, negligent performance or nonperformance of any work or part hereof by the other as provided herein; and each party further agrees to defend at its sole cost and expense any action or proceeding commenced for the purpose of asserting any claim of whatsoever character arising in connection with or by virtue of performance of its own work as provided herein. 4 MAR-13-98 FRI 10:51 P. 06 State Aid Project No. 70-617-16 CSAR 17 Q Vierling Drive City of Shakopee County of Scott XVII It is further agreed that any and all employees of the City and all other persons engaged by the City in the performance of any work or services required or provided herein to be performed by the City shall not be considered employees, agents or independent contractors of the County, and that any and all claims that may or might arise under the Workers' Compensation Act or the Unemployment Compensation Act of the State of Minnesota on behalf of said City employees while so engaged any and all claims made by any third parties as a consequence of any act or omission on the part of said City employees while so engaged in any of the work or services provided to be rendered herein shall be the sole responsibility of the City shall in no way be the obligation or responsibility of the County. Any and all employees of the County and all other persons engaged by the County in the performance of any work or services required or provided for herein to be performed by the County shall not be considered employees, agents or independent contractors of the City, and that any and all claims that may or might arise under the Workers' Compensation Act or the Unemployment Compensation Act of the State of Minnesota on behalf of said County employees while so engaged and any and all claims made by any third parties as a consequence of any act or omission on the part of said County employees while so engaged in any of the work or services provided to be rendered herein shall be the sole responsibility of the County and shall in no way be the obligation or responsibility of the City. XVIII The provisions of Minn. Stat. Sec. 181.59 and of any applicable local ordinance relating to Civil Rights and discrimination and the affirmative action policy statement of Scott County shall be considered a part of this agreement as though fully set forth herein. 5 MAR-13-98 FRI 10:52 P. 07 State Aid Project No. 70-617-16 CSAI1 17 @ Vierling Drive City of Shakopee County of Scott IN TESTIMONY WHEREOF, The parties hereto have caused this agreement to be executed by their respective duly authorized officers as of the day and year first above written. CITY OF SHAKOPEE (SEAL) By And Jon Brekke, Mayor Mark McNeill, City Administrator Date Date COUNTY OF SCOTT ATTEST : By By David Unmacht, County Administrator Art Bannerman, Chairman of Its County Board Date Date Upon proper execution, this agreement RECOMMEND FOR APPROVAL: will be legally valid and binding. By By Thomas Harbinson, County Attorney Bradley Larson, County Highway Engineer Date Dale APPROVED AS TO EXECUTION: By Thomas Harbinson, County Attorney Date jf-w:\wo rd\agrmt\signal\17®vierl.doc 03/12-913 Rev.3113/98 6 t AMENDED FEASIBILITY REPORT FOR THE IMPROVEMENT TO VIERLING DRIVE I FROM SAGE LANE TO MILLER STREET I was prepared byme or under mydirect I hereby certify that this plan,specification,or reportp p supervision and that I am a duly Registered Professional Engineer under the laws of the State I of Minnesot Da J� "/2-9 g Registration No.21843. 1 MARCH 1998 I 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 ' TABLE OF CONTENTS 1 1 DESCRIPTION PAGE NO. Introduction 1 Scope 1 ' Background 1 Proposed Improvements 1 -2 Special Assessments 2 - 3 ' Project Costs 3 Summary and Conclusions 4 1 1 - INTRODUCTION By Resolution No. 4729 the City Council of Shakopee ordered the preparation of a feasibility report for the improvement of Vierling Drive from Sage Lane to Miller Street. This report is being amended to reflect discussions with Scott County regarding the addition of a right turn lane to the south bound lanes of Marschall Road (County Road 17) and modification to the existing left turn lane in the north bound lanes of Marschall Road at the Vierling Drive intersection. SCOPE This report evaluates the feasibility of the improvement of Vierling Drive from Sage Lane to Miller ' Street by the installation of Traffic Signalization, Widening, and Concrete Medians for traffic control purposes adjacent to the commercially zoned sites at the intersection of Marschall Road (County Road 17) and Vierling Drive. Improvements to Marschall Road (County Road 17) by the ' addition of a right turn lane and modifications to an existing turn lane are also included in this report. BACKGROUND This project is being proposed due to two Commercial Developments that have recently been platted west of Marschall Road on the North and South sides of Vierling Drive. The City's consultant WSB & Associates has reviewed a traffic study prepared by BRW and concluded that improvements such as Traffic Signalization, Widening of Vierling Drive for turn lanes and the installation of Concrete Medians are necessary for traffic control in this commercial ' area. Included in this report are the costs for the installation of Traffic Signalization for the Vierling ' Drive/Marschall Road intersection. Scott County has contracted with WSB & Associates to design this signal system. The City of Shakopee will be participating in the cost of this Traffic Signal per our cost sharing agreement with Scott County. It should be pointed out that Scott County had ' determined the need for this Traffic Signal even without the completion of commercial development in this area. Staff will be meeting with Scott County Staff to coordinate all phases of this project. City staff has met with Scott County, and discussions have determined the need for a right turn lane to be installed for south bound Marschall Road (County Road 17) at the Vierling Drive intersection. It has also been determined that modifications to the existing left turn lane for north bound Marschall Road (County Road 17) are also needed. The modifications to the left turn lane ' consists of lengthening the existing stacking portion of the left turn lane. 1 PROPOSED IMPROVEMENTS A. STREETS ' Vierling Drive is proposed to be widened and to have concrete medians installed for turn lanes between Sage Lane and Marshall Road. City Staff has met with WSB & Associates ' and determined that at this time no widening would occur between Marshall Road and Miller Street. Traffic volumes are anticipated to be low enough so that turn lanes could be constructed within the existing pavement width utilizing concrete medians and striping.. A map is included in this report showing the proposed improvements. The existing curb and gutter and sidewalk will need to be removed and replaced on Vierling Drive west of Marshall Road to accomplish the widening. Adequate right-of-way has been dedicated in ' the platting of the commercial property for widening Vierling Drive. Staff is proposing to salvage the existing pavement on Vierling Drive by cutting and patching to widen and install concrete medians and then performing a bituminous overlay upon the entire ' pavement width. A right turn lane is proposed to be added for south bound Marschall Road (County Road 17) along with lengthening of the existing stacking portion of the left turn lane for north bound Marschall Road (County Road 17) at the Vierling Drive ' intersection. ' B. STORM SEWER Minor Storm Sewer work will be needed to adjust the location of existing storm facilities due to the widening of Vierling Drive and the addition of the right turn lane to Marschall Road(County Road 17). ' C. TRAFFIC SIGNALIZATION The City's consultant has determined that eventually a traffic signal will be necessary west of Marshall Road at the intersection of Vierling Drive and the major entrances to the ' commercial properties located on the north and south sides of Vierling Drive.This report recommends the installation of cable and conduit for future traffic signalization to be installed under the road surface at this time so the roadway will not have to be disturbed in the future. ' Scott County is proposing a traffic signal at the intersection of Vierling Drive and Marschall Road (C.R. 17). The City of Shakopee will be participating in the cost of the traffic signsl due to Vierling Drive being a City Street. City staff has met with Scott County regarding this entire project and preliminary discussions have indicated that this traffic signal should be included as part of the City project with Scott County reimbursing the City for their share of the cost. The City's consultant WSB & Assoc. is already proceeding with the traffic signal design under a separate contract with Scott County. SPECIAL ASSESSMENTS The City of Shakopee has on file a petition and waiver of appeal for Special Assessments for the ' improvement of Vierling Drive from both commercial developments (Crossroads Center and Boulder Ridge)on the west side of Marschall Road. No development is occurring at this time to the commercially zoned property located east of Marschall Road, with only the property on the north ' side of Vierling Drive being platted. This report recommends assessing 100% of the improvements to Vierling Drive to the benefiting properties with the exception of the bituminous overlay. Staff feels that the City of Shakopee would also benefit from the overlay in that it will extend the ' pavement life of Vierling Drive. Therefore Staff would recommend that the City of Shakopee pay for 50% of the construction cost for the bituminous overlay. ' PROJECT COSTS For the purposes of assessing this Project, cost estimates were prepared separately for ' improvements to Vierling Drive on the West side of Marschall Road and on the East side of Marschall Road. ' Vierling Drive— West Side of Marschall Road and Marschall Road Turn Lanes Assessed Costs- $342,121.31 City Costs—(50%of Overlay)— $ 13,724.22 Total This Portion - $355,845.53 Vierling Drive—East Side of Marschall Road ' Assessed Costs- $ 22,024.06 Total This Portion- $ 22,024.06 ' 3 I 111 Traffic Signal at Vierling Drive-Marschall Road Scott County Costs- $ 65,000.00 City Costs — $ 65,000.00 ' Total This Portion— $130,000.00 FUNDING SUMMARY A detailed cost estimate can be found in the Appendix. The following costs were prepared based ' upon an Engineer's Estimate and are subject to change,depending on the final design of the project, bids received, and actual work performed. Total Assessed— $364,145.37 ' City Costs— $78,724.22 Scott County Costs— $ 65,000.00 TOTAL- $507,869.59 CONCLUSION This report finds that the improvement of Vierling Drive from Sage Lane to Miller Street is both cost effective, necessary and feasible to provide an adequate roadway system for this area in the ' City of Shakopee and should be constructed as recommended in this feasibility report. ' Note: City costs to be funded with Capital Improvement Funds. 4 I I I APPENDIX ICost Estimates IProposed Assessments ILocation Map I Zoning Map Proposed Improvements IAssessment Map I I I I I I I IVIERLING DRIVE-West of C.R. 17 WIDENING COST ESTIMATE UNIT TOTAL NO. DESCRIPTION UNITS QTY. PRICE PRICE 1 Saw Cut Bituminous LF 2200 $ 2.00 $ 4,400.00 2 Remove Bituminous SY 1600 $ 2.00 $ 3,200.00 3 Remove Curb and Gutter LF 2800 $ 1.20 $ 3,360.00 4 Remove Conc.Walk SF 6800 $ 0.50 $ 3,400.00 1 5 Common Excavation CY 1450 $ 6.00 $ 8,700.00 6 Aggregate Base Cl. 5-(8"Thick) SY 3300 $ 3.30 $ 10,890.00 I (100%Crushed Limestone) 7 Type 31,Bituminous Base Course SY 2900 $ 2.80 $ 8,120.00 I (2-1/2"Thick-Widening) 8 Type 41,Bituminous Wear Course SY 2900 $ 2.30 $ 6,670.00 (2"Thick-Widening) g Type 41,Bituminous Wear Course TON 850 $ 22.00 $ 18,700.00 I (1-1/2"Thick-Overlay) 10 Bituminous Material for Tack Coat GAL 650 $ 1.25 $ 812.50 11 4"Concrete Walk SF 14550 $ 2.25 $ 32,737.50 12 4"Concrete Walk(Median) SF 10850 $ 2.25 $ 24,412.50 I 13 Concrete Curb&Gutter Design B618 LF 5000 $ 7.50 $ 37,500.00 14 10"Concrete Crosspan SF 920 $ 6.00 $ 5,520.00 LS 1 $ 2,000.00 $ 2,000.00 1 15 Striping 16 Transplant Trees EA 20 $ 125.00 $ 2,500.00 I 17 Salvage&Install 18"RCP Storm Sewer LF 12 $ 35.00 $ 420.00 18 Salvage&Install 21"RCP Storm Sewer LF 32 $ 38.00 $ 1,216.00 LF 12 $ 38.00 $ 456.00 I 19 Salvage&Install 24"RCP Storm Sewer 912.00 LF 24 $ 38.00 $ 20 Furnish&Install 18"RCP Storm Sewer 608.00 I 16 $ 38.00 $ 21 Furnish&Install 21"RCP Storm Sewer 812.00 22 Furnish&Install 24"RCP Storm Sewer LF 24 $ 38.00 $ I I I IVIERLING DRIVE West of C.R. 17 WIDENING COST ESTIMATE IUNIT TOTAL I NO. DESCRIPTION UNITS QTY. PRICE PRICE 23 Remove Exist.Catch Basin EA 8 $ 300.00 $ 2,400.00 24 Furnish&Install Catch Basin LF 8 $ 1,100.00 $ 8,800.00 I 25 Site Restoration LS 1 $ 5,000.00 $ 5,000.00 26 Equip Intersection for Future Traffic Signal LS 1 $ 10,000.00 $ 10,000.00 27 Traffic Signage LS 1 $ 3,000.00 $ 3,000.00 28 Sreet Lighting LS 1 $ 5,000.00 $ 5,000.00 ITOTAL CONSTRUCTION= $ 211,646.50 10%CONTINGENCY= $ 21,164.65 ISUBTOTAL= $ 232,811.15 I 25%ENGINEERING= $ 58,202.79 GRAND TOTAL= $ 291,013.94 I Total Estimated Amount to be Assessed I Construction Amount= $ 201,665.25 10%Contingency = $ 20,166.53 ISubtotal= $ 221,831.78 25%Engineering/Admin= $ 55,457.94 ITotal Assessed= $ 277,289.72 ITotal City Cost(50%of Overlay) Construction Amount= $ 9,981.25 I 10%Contingency = $ 998.13 Subtotal= $ 10,979.38 I 25%Engineering/Admin= $ 2,744.84 Total City Cost= $ 13,724.22 I I I LENGTHENING OF EXISTING LEFT TURN LANE COUNTY ROAD 17-NORTH OF VIERLING DRIVE I COST ESTIMATE UNIT TOTAL NO. DESCRIPTION UNITS QTY. PRICE PRICE I1 Saw Cut Bituminous LF 50 $ 2.00 $ 100.00 2 Remove Bituminous SY 10 $ 1.20 $ 570.00 3 Remove Curb and Gutter LF 475 $ 2.00 $ 20.00 0 $ - $ 4 Remove Conc.Walk SF 6.00 $ 3,000.00 I 5 Common Borrow CY 500 $ 6 Aggregate Base Cl. 5 - (5"Thick) SY 735 $ 3.30 $ 2,425.50 (100% Crushed Limestone) 4 gp $ 2 760.00 I 7 Type 31, Bituminous Base Course SY 575 $ (3-1/2"Thick) 2 30 $ 1,322.50 8 Type 41, Bituminous Wear Course SY 575 $ I (1-1/2"Thick) 9 Type 61, Bituminous Wear Course SY 575 $ 2.30 $ 1,322.50 I (1"Thick) 60 $ 1.25 $ 75.00 - 10 Bituminous Material for Tack Coat GAL0 $ 2.25 $ 11 4" Concrete Walk SF I 12 Concrete Curb &Gutter Design B624 LF 475 $ 7.50 $ 3,562.50 $ 500.00 $ 500.00 13 Striping LS 14 Furnish & Install 12" RCP Storm Sewer LF 13 $ 25.00 $ 325.001 $ 300.00 $ 300.00 I 15 Remove Exist. Catch Basin EA EA 1 $ 1,000.00 $ 1,000.00 16 Furnish & Install Catch Basin 1 $ 1,200.00 $ 1,200.00 17 Site Restoration 18 Traffic Signage LS I LS 1 $ 500.00 $ 500.00 19 Traffic Control LS 1 $ 4,500.00 $ 4,500.00 20 Relocate Exist. Hydrant LS 1 $ 1,200.00 $ 1,200.00 TOTAL CONSTRUCTION = $ 24,683.00 10% CONTINGENCY= $ 2,468.30 I SUBTOTAL= $ 27,151.30 25% ENGINEERING = $ 6,787.83 GRAND TOTAL= $ 33,939.13 I I I I I ADDITION OF RIGHT TURN LANE COUNTY ROAD 17-SOUTH OF VIERLING DRIVE I COST ESTIMATE UNIT TOTAL NO. DESCRIPTION UNITS QTY. PRICE PRICE 1 Saw Cut Bituminous LF 50 $ 2.00 $ 100.00 I 2 Remove Bituminous SY 10 $ 2.00 $ 20.00 3 Remove Curb and Gutter LF 360 $ 1.20 $ 432.00 4 Remove Conc. Walk SF 3300 $ 1.00 $ 3,300.00 I 5 Common Excavation CY 100 $ 6.00 $ 600.00 6 Aggregate Base Cl. 5- (5"Thick) SY 430 $ 3.30 $ 1,419.00 (100% Crushed Limestone) I7 Type 31, Bituminous Base Course SY 350 $ 4.80 $ 1,680.00 (3-1/2"Thick) I 8 Type 41, Bituminous Wear Course SY 350 $ 2.30 $ 805.00 (1-1/2"Thick) 9 Type 61, Bituminous Wear Course SY 350 $ 2.30 $ 805.00 I (1"Thick ) 10 Bituminous Material for Tack Coat GAL 35 $ 1.25 $ 43.75 11 4"Concrete Walk SF 2250 $ 2.25 $ 5,062.50 I 12 Concrete Curb & Gutter Design B624 LF 360 $ 7.50 $ 2,700.00 13 Striping LS 1 $ 500.00 $ 500.00 14 Traffic Signage LS 1 $ 500.00 $ 500.00 1 15 Traffic Control LS 1 $ 4,500.00 $ 4,500.00 TOTAL CONSTRUCTION = $22,467.25 I 10% CONTINGENCY = $ 2,246.73 SUBTOTAL= $24,713.98 25% ENGINEERING = $ 6,178.49 I GRAND TOTAL= $30,892.47 ISUMMARY OF COSTS TO CROSSROADS CENTER/BOULDER RIDGE AND CITY OF SHAKOPEE ASSESSED CITY COST IVIERLING DRIVE WIDENING $ 277,289.72 $13,724.22 IADDITION OF RIGHT TURN LANE (MARSCHALL ROAD) $ 30,892.47 $ - LENGT HENING OF EXISTING LEFT TURN LANE $ 33,939.13 $ - I (MARSCHALL ROAD) TOTALS= $ 342,121.31 $13,724.22 I I I VIERLING DRIVE-East of C.R. 17 WIDENING COST ESTIMATE I UNIT TOTAL NO. DESCRIPTION UNITS QTY. PRICE PRICE 1 Saw Cut Bituminous LF 750 $ 2.00 $ 1,500.00 2 Remove Bituminous SY 400 $ 2.00 $ 800.00 I 5 Common Excavation CY 130 $ 6.00 $ 780.00 6 Concrete Curb &Gutter Design B618 LF 680 $ 7.50 $ 5,100.00 7 Patch Bituminous (Includes 8" Cl. 5, SY 250 $ 8.00 $ 2,000.00 2-1/2" Bit. Base, 2" Bit.Wear) 8 4" Concrete Walk SF 2150 $ 2.25 $ 4,837.50 9 Striping LS 1 $ 500.00 $ 500.00 I10 Traffic Signage LS 1 $ 500.00 $ 500.00 I 10% CONTINGENCY TOTAL= $ 16,017.50 = $ 1,601.75 SUBTOTAL= $ 17,619.25 I 25% ENGINEERING = $ 4,404.81 GRAND TOTAL= $ 22,024.06 PROPOSED ASSESSMENTS FOR THE IMPROVEMENT to VIERLING DRIVE - SAGE LANE TO MILLER STREET (WEST OF MARSCHALL ROAD) MARCH. 1998 ' TOTAL DEVELOPER DESCRIPTION ASESSMENT Crossroads Center Property on the $256,590.98 South Side of Vierling Drive &West of Vierling Drive ' Boulder Ridge Property on the $85,530.33 North Side of Vierling Drive &West of Vierling Drive ' TOTAL $342,121.31 ' Total Amount Assessed = $342,121.31 Per developer's agreement on file-Crossroads Center to be ' assessed 75% of Project Cost with the remaining 25% being assessed to Boulder Ridge. 1 H co o Cr CO v co o I I I 1 o eq I cn eq JW co rn 4 CCN c Qce) E3 cV ( N O EA. 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I— ZW W0 v W Q I le LL - � m C O I La L"1 � 11114' 3NVl 3JVS 1 1 1 1 1 1 1 1 1 1 1 1 H El OCZ W O NV 1/1 2 A 6 U e Q ti La Q 6 v i IIIIIIII Z � in 6U W Qcc �q �� � w P L VS3HS,�7y qv OQ`� Q „i 3 N Q 7o• W AyOJ Qti I1Snd ,' blla • Z 15 11f1V8/, 0d V) - 13 E. 4` a - :• 3LINVHO f/1 bQ NV i fti ? s.:1•:4 IA V) Q Lai �,tl3 4ie ,� •cW oa; m 3�IHdd Q —Wz �tr� �,,, o �� e I I0 - �O/ 1jaa3W Ni mina 'IS NlZVBVS S H<241, y-e u 2131�IN t�1�r� I a�' •3l�IW �i L6.1 $ '1S NNNN y1 ' • Ri O it-,..,tib �`� ® L s . r- 1 Mi r- n Q rx a .i • 'iS A3SWtl21 ' .tl SS3 tla N II C C ....,,,,,, ....7. 7\1 as 11tlH7satlw J �� �� aw Q z J -i(-51-236' / 2,. \ 1 I-t DF EN •is NDI331 . w vAi O� tN/1 Lal :2 gi is • .. . mZ O Z W (1WMtlHS �jJ U U 5 I— ' •Ntl 1 2133N3N eiy 31Ntl^7' • c� cri O L,J .1S iiiiii . U S l I N U 6 Q 3I2JItl21d LAIz CA a31s• v c I" •Elle J Y W • ,dye 39tl Z.tl1ONVQ o �2 by Lv LrJ mEll 1 .� S 13 i d'% Q 441, CD = 6a3N■�3 W ' tilLa 3 owe 2 U O J3�t2LStleL. z 2'13 a i. '1S aV31S3WCH mr all E-11 iU 9NI la3In� a CH3atlNOW 3 nCC- ' ri---10, 01 1 nr. ••�+•c•'� l ut L v IX W a33N3d Z _ _ ZZs 4,„,-,3, y ______________ I ,'� a3WW0S a Lt, \ ,,i11 .... hi 1S IM3i /, ® , \, I �� 6 S3W lOH A3N11 A,„ ®' bV t3 IHM r o m I o„ ��'1a mac..' I /y. a. MEMORANDUM ON TABLE March 17, 1998 CITY OF SHAKOPEE Memorandum TO: Mayor and City Council Mark McNeill, City Administrator FROM: R. Michael Leek, Community Development Director SUBJECT: Preliminary/Final Plat of EVERGREEN HEIGHTS MEETING DATE: March 17, 1998 DISCUSSION: City Staff was contacted on this date by the architect for the prospective purchaser of Lot 2, Block 1,EVERGREEN HEIGHTS requesting that the City consider moving the dividing line 30 feet to the West. This would result in it being the same line as the easternmost line required by SPUC for its water line. To accommodate the request, staff would suggest approving the preliminary plat at this time, but withholding action on the final plat until the parties have had a chance to discuss the request and come forward with a resolution to the request. Council is also asked to give clear direction on whether it wishes to assess grading permit fees against the City. City staff has heretofore assumed that they would not be assessed. PLANNING COMIVIISSION RECOMMENDATION; The Planning Commission recommended the approval with the conditions listed in attached Resolution No. 4781. ACTION REQUESTED: Offer and approve revised Resolution No. 4781 approving the preliminary plat of EVERGREEN HEIGHTS with conditions. Offer and approve a motion waiving grading permit fees for EVERGREEN HEIGHTS. ). R. Michael Leek Community Development Director R.Michael Leek Page 1 03/17/98PFPEVER2.doc RESOLUTION NO.4871 A RESOLUTION OF THE CITY OF SHAKOPEE,MINNESOTA,APPROVING AN THE PRELIMINARY PLAT OF EVERGREEN HEIGHTS ADDITION WHEREAS,The City of Shakopee,the applicant, has applied for Preliminary and Final Plat approval for property located at the northwest corner of the intersection of Vierling Drive and County Road 16; and WHEREAS,the property for which the request is being made is legally described as shown on Exhibit A, attached hereto;and WHEREAS,the Planning Commission of the City of Shakopee did review the Preliminary Plat of EVERGREEN HEIGHTS and the Final Plat of EVERGREEN HEIGHTS on March 5, 1998, and has recommended its approval; and WHEREAS, all notices of the public hearing for the Preliminary Plat were duly sent and posted and all persons appearing at the hearing have been given an opportunity to be heard thereon. NOW,THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE,MINNESOTA,as follows: That the Preliminary Plat of EVERGREEN HEIGHTS is hereby approved subject to the following conditions: 1. Subject to Minnegasco's blanket easement(per Document No. 23711) 2. Compliance with noise mitigation requirements will be determined at the time of Conditional Use Permit or site plan review. 3. Compliance with Landscape requirements will be determined at the time of 4. Conditional Use Permit or site plan review. RES4871R.doc - 1 - 5. Park dedication shall be assessed at the rate established in the City's Fee Schedule, and shall be payable by the developer at the time of building permit application. Park dedication shall not be assessed against the fire station site. Adopted in session of the City Council of the City of Shakopee, Minnesota held the day of , 1998. Mayor of the City of Shakopee ATTEST: City Clerk PREPARED BY: City of Shakopee 129 South Holmes Street Shakopee, MN 55379 RES4871Rdoc -2- CITY OF SHAKOPEE Memorandum TO: Mayor and City Council Mark McNeill, City Administrator FROM: R. Michael Leek, Community Development Director SUBJECT: Preliminary/Final Plat of EVERGREEN HEIGHTS MEETING DATE: March 17, 1998 DISCUSSION: The City of Shakopee is seeking approval of the proposed preliminary and final plat for a 2- lot subdivision. The westernmost lot is the site of the new fire station. The City has entered into a purchase agreement for the sale of the easternmost lot. The Planning Commission on March 5, 1998 reviewed the proposed plats. A copy of the Planning Commission report is attached for the Council's information. ALTERNATIVES: 1. Approve the Preliminary and Final Plat of EVERGREEN HEIGHTS subject to conditions. 2. Approve the Preliminary and Final Plat of EVERGREEN HEIGHTS subject to the revised conditions. 3. Do not approve the Preliminary and Final Plat of EVERGREEN HEIGHTS. 4. Table action on this item and request additional information. PLANNING COMMISSION RECOMMENDATION; The Planning Commission recommended the approval with the conditions listed in attached Resolution No. 4781. ACTION REQUESTED: Offer and approve Resolution No. 4781 approving the preliminary and final plat of EVERGREEN HEIGHTS with conditions. R. Michael Leek Community Development Director R.Michael Leek Page 1 03/12/98PFPEVERG RESOLUTION NO.4871 A RESOLUTION OF THE CITY OF SHAKOPEE,MINNESOTA,APPROVING AN THE PRELIMINARY AND FINAL PLATS OF EVERGREEN HEIGHTS ADDITION WHEREAS,The City of Shakopee,the applicant, has applied for Preliminary and Final Plat approval for property located at the northwest corner of the intersection of Vierling Drive and County Road 16; and WHEREAS,the property for which the request is being made is legally described as shown on Exhibit A, attached hereto;and WHEREAS,the Planning Commission of the City of Shakopee did review the Preliminary Plat of EVERGREEN HEIGHTS and the Final Plat of EVERGREEN HEIGHTS on March 5, 1998, and has recommended its approval; and WHEREAS, all notices of the public hearing for the Preliminary Plat were duly sent and posted and all persons appearing at the hearing have been given an opportunity to be heard thereon. NOW,THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE,MINNESOTA, as follows: That the Preliminary Plat of EVERGREEN HEIGHTS and the Final Plat of EVERGREEN HEIGHTS is hereby approved subject to the following conditions: 1. Subject to Minnegasco's blanket easement(per Document No. 23711) 2. Compliance with noise mitigation requirements will be determined at the time of Conditional Use Permit or site plan review. 3. Compliance with Landscape requirements will be determined at the time of 4. Conditional Use Permit or site plan review. 5. Park dedication shall be assessed at the rate established in the City's Fee Schedule, and shall be payable by the developer at the time of building permit application. Park dedication shall not be assessed against the fire station site. RES4871 - 1- BE IT FURTHER RESOLVED,that the Mayor and City Clerk are hereby authorized and directed to execute said Plat and Developer's Agreement. Adopted in session of the City Council of the City of Shakopee, Minnesota held the day of , 1998. Mayor of the City of Shakopee ATTEST: City Clerk PREPARED BY: City of Shakopee 129 South Holmes Street Shakopee,MN 55379 RES4871 -2- EXHIBIT A Legal Description PARCEL A I That part of the Northeast Quarter of the Southeast Quarter and the Southeast Quarter of the Northeast Quarter of Section 8, Township 115. Range 22, Scott County, Minnesota, lying Northerly of the North right—of—way line of MINNESOTA DEPARTMENT OF TRANSPORTATION RIGHT—OF—WAY PLAT NO. 70-7 and Southeasterly of the plot of HAUER'S 4TH ADDITION. as on file and of record in the Office of the County Recorder in said County, and which lies Westerly of the following described line: Commencing at the intersection of the West line of said Northeast Quarter of the Southeast Quarter and said North right—of—way line; thence Easterly, along said North right—of—way line, a distance of 569.80 feet to the point of beginning of sd linee of 412.21 to be feet to hereinafter Southeasterly right—of—way deflecting ofd13thAvenue,eh asleft, 101 ded catedeinees 32 minutessaid platof Hauer'se4th ds, a Addition taandde said line there terminating. PARCEL B That part of the Northeast Quarter of the Southeast Quarter and the Southeast Quarter of the Northeast Quarter of Section 8, Townshil 115, Range 22. Scott County, Minnesota, lying Northerly of the North right—of—way line of MINNESOTA DEPARTMENT OF TRANSPORTATION RIGHT—OF—WAY PLAT NO. 70-7 and Southeasterly of the plat of HAUER'S 4TH ADDITION, os on file and of record in the Office of the County Recorder in said County and which lies Southwesterly of the centerline of County Road No. 16 (Eagle Creek Boulevard). and which. lies Easterly of the following described line: Commencing of the intersection of the West line of said Northeast Quarter of the Southeast Quarter and said North right—of—way line; thence Easterly, along sold North right—of—way line, a distance of 569.80 feet to the point of beginning of said line to be hereinafter described; thence Northerly, deflecting to the left, 101 degrees 32 minutes 56 seconds, a distance of 412.21 feet to the Southeasterly right—of—way line of 13th Avenue. as dedicated in said plat of Hauer's 4th Addition and said line there terminating. Excepting therefrom the following described property lying Westerly and Northerly of the following described line; Commencing at the most Easterly corner of HAUER'S 4TH ADDITION; thence North 29 degrees 24 minutes 30 seconds East (assumed bearing) along the Easterly line of HAUER'S 3RD ADDITION to the centerline of County Road No. 16 a distance of 50.00 feet; thence South 60 degrees 35 minutes 30 seconds East along said centerline of County Road No. 16 a distance of 181.98 feet to the point of beginning of said line; thence South 37 degrees 21 minutes 00 seconds West a distance of 50.48 feet to the Southerly right—of—way of said County Road No. 16, distant 175.00 feet Southeasterly of said most Easterly corner of HAUER'S 4TH ADDITION; thence continuing South 37 degrees 1 0 secons .47 feet: thence distance of 1175.002 minutes feetto the OEasterly a ne oft distance said HAUER'S 4THS ADDITION and theNorth eterm0 atingees 35 minutes 30 seconds West o RES4871 -3 7- . CITY OF SHAKOPEE Memorandum TO: Shakopee Planning Commission FROM: R. Michael Leek, Community Development Director SUBJECT: Preliminary&Final Plat of Evergreen Addition MEETING DATE: March 5, 1998 Site Information: Applicant& Owner: City of Shakopee,Minnesota Location: South of Vierling Drive,West of C.R. 16 and north of STH 169 (See Exhibit A) Current Zoning: Medium Density Residential(R-2) Adjacent Zoning: North: Urban Residential(R-1B) South: Agricultural Preservation(AG) East: Major Recreation(MR)/PUD West: Medium Density Residential(R-2) Comp. Plan: 1995:Medium Density Residential Area: 14.01 Acres MUSA: The site is within the MUSA boundary. Introduction: The City of Shakopee is requesting preliminary and final plat approval for Evergreen Addition. (Please see attached Exhibit B,"Lot Split,Fire Station Site") Howard R. Green Company was preparing a revised plat drawing for this plat, but the revised drawing was not available at the time this report was drafted. The request proposes to split the property on which the new fire station is located into 2 lots. The City has entered into a purchase agreement with EverGreen Real Estate Development Corporation for the proposed easternmost lot. Considerations: 1. Mulnegasco has requested that the plat approval be subject to its blanket easement (Document No. 237711) 2. EverGreen has submitted a noise assessment. The assessment concludes that MPCA noise standards can be met with the construction of a 10-foot berm or berm/fence. The project proposed by EverGreen will require a conditional use permit(CUP)for multiple structures on one lot. Compliance with the recommended noise mitigation measure should be included as a condition of CUP approval. 3. The project proposed by EverGreen will be subject to the City's landscape standards. Compliance with these standards should be made a condition of the CUP review. 4. All utilities are available, and there are no assessments for this site. Alternatives: 1. Recommend to the City Council the approval of the request for Preliminary/Final Plat approval of Evergreen Addition, subject to conditions recommended by staff below; 2. Recommend to the City Council the denial of the request for approval of the Preliminary/Final Plat of Evergreen Addition. 3. Continue the request and public hearing to the meeting of April 9th in order to allow the applicant to submit additional information or make any necessary revisions. Staff Recommendation: 1. Staff recommends Alternative No. 3, continuance of the public hearing to Thursday, April 9, 1998. Action Requested: A motion continuing the public hearing to the April 9th Planning Commission meeting. R Michael Leek Community Development Director i:\conundev\boaa-pc\1998\marnPFPeverginnl 2 _ R_ __ ..may �.9..:.; F .. 7 r. • �� �� ZONC ` ..,., . , .. v..,.., ,y ►�® O ACTIO ----3� I401$•• ORD.\_ DATE• f , ,OI NO. • . 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CITY OF SHAKOPEE CONSENT Memorandum _4 TO: Mayor and City Council Mark McNeill, City Administrator FROM: Tim Benetti, Planner I SUBJECT: Final Plat for Stone Meadow 2nd Addition DATE: March 17, 1998 DISCUSSION Residential Development,Inc. is requesting approval of the final plat for Stone Meadow 2nd Addition. The subject site is located west of Tahpah Park and north of the Highway 169 bypass. A copy of the March 5, 1998,Planning Commission staff memo has been attached for your reference. ALTERNATIVES 1. Approve the Final Plat of Stone Meadow 2nd Addition, subject to conditions. 2. Revise the conditions of approval for the Final Plat of Stone Meadow 2nd Addition, and approve subject to the revised conditions. 3. Do not approve the Final Plat of Stone Meadow 2nd Addition. 4. Table action on this item and request additional information from the applicant and/or staff. PLANNING COMMISSION RECOMMENDATION The Planning Commission has recommended the approval of the Final Plat of Stone Meadow 2nd Addition, subject to conditions(Alternative No. 1). ACTION REQUESTED Offer Resolution No. 4868, a Resolution Approving the Final Plat of Stone Meadow 2nd Addition, and move its approval. L Tim Benetti Planner I i:\commdev\cc\1997\cco5o6\fpstmdwl.doc RESOLUTION NO.4868 A RESOLUTION OF THE CITY OF SHAKOPEE,MINNESOTA,APPROVING THE FINAL PLAT FOR STONE MEADOW 2nd ADDITION WHEREAS,the Planning Commission of the City of Shakopee did review the Final Plat for Stone Meadow 2nd Addition on March 5, 1998, and has recommended its approval; WHEREAS,the property upon which the request is being made is legally described as follows: Outlot J, STONE MEADOW 1ST ADDITION, County of Scott, State of Minnesota WHEREAS,all notices of the public hearing for the Preliminary Plat were duly sent and posted and all persons appearing at the hearing have been given an opportunity to be heard thereon. NOW,THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE,MINNESOTA,as follows: That the Final Plat for Stone Meadow 2nd Addition is hereby approved subject to the following conditions: A. The following procedural actions must be completed prior to the recording of the Final Plat: 1. Approval of title by the City Attorney. 2. Execution of a Developers Agreement for construction of required public improvements: a) Street lighting to be installed in accordance with the requirements of the Shakopee Public Utilities Commission. b) Electrical system to be installed in accordance with the requirements of the Shakopee Public Utilities Commission. c) Water system to be installed in accordance with the requirements of the Shakopee Public Utilities Commission. d) Installation of sanitary sewer and storm sewer systems, and construction of streets in accordance with the requirements of the Design Criteria and Standard specifications of the City of Shakopee. e) The applicant shall enter into an agreement regarding Park Dedication payments. Payment of $541.87 per residential lot shall be required. These payments shall be deferred to the issuance of a building permit for the lot. f) Street signs shall be constructed and installed by the City of Shakopee at a cost to the developer of $270.00 per sign pole. 3. The Final Construction Plans and Specifications must be approved by the City Engineer and Shakopee Public Utilities. 4. The perpetual maintenance of all open space/outlot areas shall be provided for by a Homeowners Association, in a form approved by the City Attorney. 5. The City Engineer will reapportion the existing special assessments against the lots and the developer shall waive the right to appeal the reapportionment. 6. VIP connection fees must be paid prior to recording the final plat. 7. The Common Interest Community (CIC) declarations shall be filed with the Final Plat. 8. The developer shall receive approval of the water plan by the fire department. 9. A property owner's association or maintenance agreement for the shared driveways must be executed designating the party responsible for maintaining the driveway, and granting that party the right to assess all properties benefiting from the driveway for the cost of maintenance. The agreement also shall grant the City the right to access, and to charge the cost of such maintenance back to the property owners. 10. The structures shall be constructed with windows with an STC of 30 or greater and provide year round climate control to meet the noise levels standards. BE IT FURTHER RESOLVED,that the Mayor and City Clerk are hereby authorized and directed to execute said Plat and Developer's Agreement. Adopted in session of the City Council of the City of Shakopee, Minnesota, held the day of , 1998. Mayor of the City of Shakopee ATTEST: City Clerk PREPARED BY: City of Shakopee 129 South Holmes Street Shakopee,MN 55379 CONSENT CITY OF SHAKOPEE Memorandum TO: Shakopee Planning Commission FROM: Tim Benetti, Planner I SUBJECT: Final Plat of Stone Meadow 2nd Addition MEETING DATE: March 5, 1998 Site Information: Applicant: Residential Development,Inc. Location: West of Tahpah Park and north of the Shakopee Bypass(See Exhibit A) Current Zoning: Urban Residential(R-1B),with PUD Overlay Zone# 11 Adjacent Zoning: North: Urban Residential/Multiple Family Residential(R-1B/R3) South: Shakopee Bypass East: Tahpah Park West: Stone Meadow 1st Addition/Shakopee Bypass Comp.Plan: 1995:Medium Density Residential Area: 4.09 Acres MUSA: The site is within the MUSA boundary. Introduction Residential Development,Inc. is requesting approval of the Final Plat for Stone Meadow 2nd Addition (Please see Exhibit B). The subject site is located west of Tahpah Park and north of the Highway 169 Bypass. Considerations The Preliminary Plat for Stone Meadow was approved by the City Council on March 18, 1997. The final plat, as submitted, is in substantial conformance with the approved Preliminary Plat. The Engineering Department has reviewed the submittal materials and has provided recommendations and comments. Staff has incorporated these recommendations into the conditions of approval for the Final Plat. As discussed in previous reports, this development will not be dedicating or deeding any of its outlots to the City. These outlots will remain under the ownership and control of the Homeowners Association. The Building Official has commented that individual sewer/water services are required for each dwelling unit. They also requested emergency vehicle access be provided throughout the plat. The Fire Department has commented that the development is subject to review of a detailed water main and hydrant plan. A condition of approval requiring this review has been incorporated into the staff recommendation. The Minnesota Pollution Control Agency (MPCA) has commented that, in order to meet the noise levels for the area,the structures will need to be built with windows with an STC of 30 or greater and provide year round climate control. A condition of approval requiring this provision has been incorporated into the staff recommendation. Alternatives 1. Recommend to the City Council approval of the Final Plat of Stone Meadow 2nd Addition, subject to conditions. 2. Modify the recommended conditions, and recommend to the City Council approval of the Final Plat, subject to the revised conditions. 3. Recommend to the City Council the denial of the Final Plat, stating the reasons for denial. 4. Table the decision to allow staff and/or the applicant to provide additional information. Staff Recommendation Staff recommends Alternative No. 1, recommend to the City Council approval of the Final Plat of Stone Meadow 2nd Addition, subject to the following conditions: A. The following procedural actions must be completed prior to City Council review of the Final Plat: 1. All existing easement areas must be shown on the plat drawings. 2. All proposed easements, as required by the subdivision ordinance, and as required by the Shakopee Public Utility Commissions, shall be added to the drawings. B. The following procedural actions must be completed prior to the recording of the Final Plat: 1. Approval of title by the City Attorney. 2. Execution of a Developers Agreement for construction of required public improvements: a) Street lighting to be installed in accordance with the requirements of the Shakopee Public Utilities Commission. 2 b) Electrical system to be installed in accordance with the requirements of the Shakopee Public Utilities Commission. c) Water system to be installed in accordance with the requirements of the Shakopee Public Utilities Commission. d) Installation of sanitary sewer and storm sewer systems, and construction of streets in accordance with the requirements of the Design Criteria and Standard specifications of the City of Shakopee. e) The applicant shall enter into an agreement regarding Park Dedication payments. Payment of$541.87 per residential lot shall be required. These payments shall be deferred to the issuance of a building permit for the lot. Street signs shall be constructed and installed by the City of Shakopee at a cost to the developer of$270.00 per sign pole. 3. The Final Construction Plans and Specifications must be approved by the City Engineer and Shakopee Public Utilities. 4. The perpetual maintenance of all open space/outlot areas shall be provided for by a Homeowners Association, in a form approved by the City Attorney. 5. The City Engineer will reapportion the existing special assessments against the lots and the developer shall waive the right to appeal the reapportionment. 6. VIP connection fees must be paid prior to recording the final plat. 7. The Common Interest Community(CIC) declarations shall be filed with the Final Plat. 8. The developer shall receive approval of the water plan by the fire department. 9. A property owner's association or maintenance agreement for the shared driveways must be executed designating the party responsible for maintaining the driveway, and granting that party the right to assess all properties benefiting from the driveway for the cost of maintenance. The agreement also shall grant the City the right to access, and to charge the cost of such maintenance back to the property owners. 10. The structures shall be constructed with windows with an STC of 30 or greater and provide year round climate control to meet the noise levels standards. Action Requested Offer a motion to recommend to the City Council the approval of the Final Plat for Stone Meadow 2nd Addition, subject to conditions and move its approval. Tim Benetti Planner I i:konundev\bona-pc\1998\0305\fpstmdw/2.doc 3 V � a�.MSi �>• de as in o'-' �► �4iitcil d. 1: ......2. m. � •'t. ,...7...i.,;...,., • . 01)e deli 10 CI 1E.al i® ow Mt* A. 11,411111 i : : _ir4i1i a 0 - 4 , ..., , a _,.. ou at . 1111 s. w 1 a► a .M a. r • . a a t s a tam �� �.. 1`9 / wt+sr aau. �.� �� • 1 amc 1 4 3 2, =1:7 6 7 d —T 2_ 7 : 1 - ' z t 2'• ' a • 4 •. a ■ — _ a I. a Sat •t a. a •a +F a. 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Michael Leek, Community Development Director SUBJECT: Final Plat of Orchard Park West 1d Addition MEETING DATE: March 17, 1998 DISCUSSION: Laurent Builders,Inc. is requesting approval of the final plat of Orchard Park West ld Addition. A copy of the March 5, 1998 Planning Commission staff memo has been attached for the Council's information. ALTERNATIVES: 1. Approve the Final Plat of Orchard Park West ld Addition subject to conditions. 2. Approve the Final Plat of Orchard Park West ld Addition subject to revised conditions. 3. Do not approve the Final Plat of Orchard Park West ld Addition. 4. Table action on this item and request additional information from the applicant and/or staff. PLANNING COMMISSION RECOMMENDATION: The Planning Commission recommended the approval of the Final Plat of Orchard Park West 1d Addition subject to conditions. ACTION REQUESTED: Offer and approve Resolution No. 4872 approving the final plat with conditions. R. Michael Leek Community Development Director is \i997\ccioo7\tbaoc RESOLUTION NO.4872 A RESOLUTION OF THE CITY OF SHAKOPEE,MINNESOTA APPROVING THE FINAL PLAT FOR ORCHARD PARK WEST 1s7 ADDITION WHEREAS,the Planning Commission of the City of Shakopee did review the Final Plat for Orchard Park West 1d Addition on March 5, 1998, and has recommended its approval; and WHEREAS,the property upon which the request is being made is legally described as shown as Exhibit A, attached hereto; WHEREAS, all notices of the public hearing for the Preliminary Plat were duly sent and posted and all persons appearing at the hearing have been given an opportunity to be heard thereon. NOW,THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE,MINNESOTA, as follows: That the Final Plat for Orchard Park West 1d Addition is hereby approved subject to the following conditions: 1. The following procedural actions must be completed prior to the recording of the Final Plat: a) Approval of title by the City Attorney. b) Payment of"hook-up" fees totaling $2,770.94. c) Re-apportionment of assessments. d) Execution of a Developers Agreement for construction of required public improvements: i) Street lighting to be installed in accordance with the requirements of the Shakopee Public Utilities Commission. ii) Electrical system to be installed in accordance with the requirements of the Shakopee Public Utilities Commission. iii) Water system to be installed in accordance with the requirements of the Shakopee Public Utilities Commission. iv) Installation of sanitary sewer and storm sewer systems, and construction of streets in accordance with the requirements of the Design Criteria and Standard Specifications of the City of Shakopee. v) Street signs shall be constructed and installed by the City of Shakopee at a cost to the developer of$270.00 per sign pole. vi) The developer shall be responsible for payment of Trunk Storm Water Charges, security for the public, engineering review fees, and other fees as required by the City's Fee Schedule. RES4872 - 1- vii) Park dedication payments shall be required in amounts consistent with Resolution No. 4699($900,00 per residential unit). The payment of park dedication fees shall be deferred to the issuance of building permit. viii) The VIP connection fees shall be paid prior to the recording of the Plat. e) The City Engineer and SPUC Utilities Manager must approve the Final Construction Plans and Specifications. f) The developer shall provide easements, as required by City Code. g) The conditions outlined in Planned Unit Development approval resolution (Resolution No. 4728) shall be adhered to. h) The shared driveways within the development are approved subject to the following condition: i) A property owners association or maintenance agreement for the driveway must be executed designating the party responsible for maintaining the driveway, and granting that party the right to assess all properties benefiting from the driveway for the cost of maintenance. The agreement also shall grant the City the right to access, and to charge the cost of such maintenance back to the property owners. BE IT FURTHER RESOLVED,that the Mayor and City Clerk are hereby authorized and directed to execute said Plat and Developer's Agreement. Adopted in session of the City Council of the City of Shakopee, Minnesota held the day of , 1998. Mayor of the City of Shakopee ATTEST: City Clerk PREPARED BY: City of Shakopee 129 South Holmes Street Shakopee,MN 55379 RES4872 -2- EXHIBIT A Legal Description for Orchard Park West tat Addition DESCRIPTION: The Southeast Quarter of the Southeast Quarter and the South half of the Northeast Quarter of said Southeast Quarter both in Section 12, Township 115, Range 23, Scott County, Minnesol EXCEPT that part embraced within Minnesota Department of Transportation Right of Way Plot No. 70-2 and EXCEPT that part of said Southeast Quarter described as follws: Commencing at the southeast corner of said Sotheast Quarter of Section 12, Township 115, Rang 23; thence notherly, along the east line of said Southeast Quarter, a distance of 990.58 feet to the point of beginning of the land to be described; thece deflecting left 90 degrees a distance of 554.50 feet to the west line of the east 554.50 feet of soid Southeast Quarter; thence deflecting right 90 degrees, along the west line of said east 554.50 feet of the South— east Quarter, a distance of 400 feet; thence deflecting right 90 degrees a distance of 554 "0 feet to said east line of the Southeast Quarter; thence southerly, along said east line of tr,c Southeast Quarter a distance of 400.00 feet to said point of beginning. RES4872 -3 CONSENT CITY OF SHAKOPEE 13 . Memorandum TO: Shakopee Planning Commission FROM: R Michael Leek, Community Development Director SUBJECT: Final Plat of Orchard Park West MEETING DATE: March 5, 1998 Site Information: Applicant: Laurent Builders,Inc. Location: West of Fuller Street and north of Highway 169(See Exhibit A) Current Zoning: Urban Residential(R-1B) Adjacent Zoning: North: Urban Residential (R-1B) South: Highway 169 Right-of-Way East: Urban Residential (R-1B) West: Urban Residential (R-1B) Comp.Plan: 1995: Single Family Residential Area: 51.6 Acres MUSA: The site is within the MUSA boundary. Introduction: Laurent Builders,Inc. are requesting approval of the Final Plat for Orchard Park West 14 Addition. (Please see Exhibit B,Final Plat). Considerations: The Preliminary Plat of Orchard Park West was approved by the City Council on February 3, 1998. The Final Plat, as proposed, is in substantial conformance with the approved Preliminary Plat. 1. The Engineering Department has reviewed the submittal materials and has provided its comments. Staff has incorporated these recommendations into the conditions of approval for the Final Plat. 1 CONSENT 2. The City Attorney has commented that the dedication language on page 1 of the proposed final plat identifies the"...parkway, drive, court..."are dedicated,while only Harvest Lane is proposed to be dedicated. This language should be corrected prior to City Council review of the final plat. 3. The City Clerk has made the following comments; a) The proposed plat includes only part of the proposed PUD, and that the proposed plat does not include the dedication of Vierling Drive. These items should be addressed with staff prior to review by the City Council. b) CIC documents should be filed with the approved plat. 4. The Building Division has commented that emergency vehicle access will need to be provided throughout the plat as it is developed. 5. The Finance Department has commented that"hook-up"fees will need to be paid prior to the recording of the plat, and that assessments will need to be re-apportioned. 6. Minnegasco has commented that its easement(Document No. 237677)be incorporated into the plat. It has also commented that homes on the following lots be located at least 10 feet from the outside limits ofMinnegasco's easement:Lots 1 and 12,Block 1;Lots 6 and 7,Block 5;Lots 3 and 4,Block 6; Outlot E. Alternatives: 1. Recommend to the City Council approval of the Final Plat of Orchard Park l' Addition subject to conditions as set forth below. 2. Modify the recommended conditions, and recommend to the City Council approval of the Final Plat, subject to the revised conditions. 3. Recommend to the City Council the denial of the Final Plat, stating the reasons for denial. 4. Table the decision to allow staff and/or the applicant to provide additional information. Staff Recommendation: Staff recommends Alternative No. 1,to recommend to the City Council approval of the Final Plat of Orchard Park 1'Addition subject to the following conditions: a) CIC documents, if any are to be filed with the approved final plat. b) Prior to City Council review of the Final Plat, the applicant must submit the following: i) Correction of the dedication language on page 1 of the proposed final plat. ii) The plat be revised to include the balance of the project area and the dedication of Vierling Drive. iii) The Minnegasco easement(Document No. 237677)be incorporated into the plat. a) The following procedural actions must be completed prior to the recording of the Final Plat: i) Approval of title by the City Attorney. 2 CONSENT ii) Payment of"hook-up" fees totaling $2,770.94. iii) Re-apportionment of assessments. iv) Execution of a Developers Agreement for construction of required public improvements: a) Street lighting to be installed in accordance with the requirements of the Shakopee Public Utilities Commission. b) Electrical system to be installed in accordance with the requirements of the Shakopee Public Utilities Commission. c) Water system to be installed in accordance with the requirements of the Shakopee Public Utilities Commission. d) Installation of sanitary sewer and storm sewer systems, and construction of streets in accordance with the requirements of the Design Criteria and Standard Specifications of the City of Shakopee. e) Street signs shall be constructed and installed by the City of Shakopee at a cost to the developer of$270.00 per sign pole. f) The developer shall be responsible for payment of Trunk Storm Water Charges, security for the public, engineering review fees, and other fees as required by the City's Fee Schedule. g) Park dedication payments shall be required in amounts consistent with Resolution No. 4699 ($900,00 per residential unit). The payment of park dedication fees shall be deferred to the issuance of building permit. h) The VIP connection fees shall be paid prior to the recording of the Plat. v) The City Engineer and SPUC Utilities Manager must approve the Final Construction Plans and Specifications. vi) The developer shall provide easements, as required by City Code. vii) The conditions outlined in Planned Unit Development approval resolution (Resolution No. 4728) shall be adhered to. viii) The shared driveways within the development are approved subject to the following condition: a) A property owners association or maintenance agreement for the driveway must be executed designating the party responsible for maintaining the driveway, and granting that party the right to assess all properties benefiting from the driveway for the cost of maintenance. The agreement also shall grant the City the right to access, and to charge the cost of such maintenance back to the property owners. 3 CONSENT Staff Recommendation: Staff recommends that the Planning Commission recommend approval of the Final Plat of Orchard Park West 14 Addition subject to conditions(Alternative No. 1). Action Requested: Offer a motion to recommend approval of the Final Plat of Orchard Park West 14 Addition subject to conditions, and move its approval. R. Michael Leek Community Development Director is\commdev\boaa-pc\1998\mar05\fpopwest 4 ;.. - Qt7..r=tom-( _ =.;_ :! . co liraWS X111 ii # MilICI :1 .. . 35111' '111P ■iiisow": 11insi11 my .:1•:•10112"-, -' 1{�ran �` 111111 isa. as net i:� �.i� ! •ice �� �`+� =II um ma iiii e.l et.-- .ii, ® iiii W: NO au ME!. l leg!. !�: a���:........ ... ==. min al .� s-� �'t � r.►."an__. 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Michael Leek, Community Development Director SUBJECT: Preliminary Plat of Southbridge 1st Addition MEETING DATE: March 17, 1998 DISCUSSION: Valley Green Business Park,the Minneapolis Foundation and Shakopee Crossings are seeking preliminary plat approval of Southbridge 1st Addition. Copies of the Planning Commission reports from February 5th, 19th and March 5th are attached for the Council's information. After preparation of the report comment was received from the Scott County Highway Department. ALTERNATIVES: 1. Approve the Preliminary Plat of Southbridge 1st Addition subject to conditions. 2. Approve the Preliminary Plat of Southbridge 1st Addition subject to revised conditions. 3. Do not approve the Preliminary Plat of Southbridge 1st Addition. 4. Table action on this item and request additional information. PLANNING COMMISSION RECOMMENDATION; The Planning Commission recommended approval with the conditions listed in attached Resolution No. 4783. ACTION REQUESTED: Offer and approve Resolution No. 4783 approving the preliminary plat of Southbridge 1st Addition with conditions. R. Michael Leek Community Development Director R.Michael Leek Page 1 03/12/98PPSOBRG1 RESOLUTION NO.4873 A RESOLUTION OF THE CITY OF SHAKOPEE,MINNESOTA,APPROVING THE PRELIMINARY PLAT OF SOUTHBRIDGE 1st ADDITION WHEREAS,Valley Green Business Park Limited Partnership (a Minnesota Limited Partnership),The Minneapolis Foundation(a Minnesota non-profit organization), and Shakopee Crossings Limited Partnership(a Wisconsin Limited Partnership),the applicants, have applied for Preliminary Plat approval for property located south of STH 169 and west of CR 18; and WHEREAS,the property for which the request is being made is legally described as shown on Exhibit A, attached hereto;and WHEREAS,the Planning Commission of the City of Shakopee did review the Preliminary Plat of Southbridge 1st Addition on February 5th and 19th and March 5, 1998, and has recommended its approval; and WHEREAS, all notices of the public hearing for the Preliminary Plat were duly sent and posted and all persons appearing at the hearing have been given an opportunity to be heard thereon; WHEREAS,the Council has made the following findings relative to future groundwater levels that may affect the proposed subdivision; a) The ordinary high water level (OHWL) for Dean Lake is 747.0. b) The 100-year flood elevation for Dean Lake is 749.0. c) Previous studies and modeling conducted by the Minnesota Department of Natural Resources(MnDNR)have concluded that there is no, or only a very marginal connection between the water level in underlying aquifers, pumping by CAMAS/Shiely, and the elevation of Dean Lake. d) STS Consultants LTD. and Peters,Price and Samson Land Surveyors, on behalf of the developer(s), performed and reviewed several soil borings in the project area along the route of the proposed collector street. The RES4873 -1- purpose of these borings was to determine, if possible, historic surface water elevations. Evidence of soil mottling was specifically examined. The upper elevation of soil mottling found in any of the pits was 748.5. e) The lowest floor elevation proposed for any structure in the proposed project is 750.0 f) Based on the information available regarding the current and possible surface water elevations in the project area, as well as the project design, it doesn't appear that the cessation of pumping by CAMAS/Shiely would result in flooding of homes proposed to be constructed in the project area. NOW,THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE,MINNESOTA, as follows: That the Preliminary Plat of Southbridge 1ST Addition is hereby approved subject to the following conditions: a) The conditions imposed as part of the East Dean Lake PUD approval. b) The developers enter into separate agreements regarding 1)the payment of administrative costs related to the design of Southbridge Parkway, and 2) guaranteeing the special assessments. c) The developers enter into an agreement with SPUC prior to final plat approval limiting the number of lots/houses that can be served by the proposed water services without additional looping having been completed. d) The grading plans for this project will conform to the City's policy on Minimum Building Opening Elevations. e) The Minnegasco easement in the vicinity of Hartley Boulevard North will not be encroached upon except as approved by Minnesgasco. f) As part of any application for final plat approval,the following must be submitted: i) Revised drawings showing intersections at 90 degrees; ii) The developer(s) shall comply with applicable state law, regulations or standards as they relate to compliance with sound mitigation(County Road 21)for existing and future streets and highways. The developer(s) shall be responsible for paying the cost of noise mitigation measures required for those portions of the project or plat adjacent to proposed County Road 21. g) The following procedural actions must be completed prior to the recording of the final plat or plats: i) Approval of title by the City Attorney. RES4873 -2 ii) Execution of a Developers Agreement for construction of required public improvements: iii) Street lighting to be installed in accordance with the requirements of the Shakopee Public Utilities Commission(SPUC) except as modified by the East Dean Lake PUD approval or by specific agreement with SPUC. iv) Electrical system to be installed in accordance with the requirements of the Shakopee Public Utilities Commission. v) Water system to be installed in accordance with the requirements of the Shakopee Public Utilities Commission. vi) Installation of sanitary sewer and storm sewer systems, and construction of streets in accordance with the requirements of the Design Criteria and Standard Specifications of the City of Shakopee except as modified by the East Dean Lake PUD approval. vii) Street signs shall be constructed and installed by the City of Shakopee at a cost to the developer of$270.00 per sign pole. viii) The developer shall be responsible for payment of Trunk Storm Water Charges; security for the public, engineering review fees, and other fees as required by the City's adopted Fee Schedule. ix) The City Engineer and Utilities Manager for SPUC must approve the Final Construction Plans and Specifications. x) The developer shall provide easements as required by City Code including any access easements to ponding areas, which may be required. xi) The homeowners association(s)will be responsible for the maintenance of all islands and medians within the public streets in the project, as well as the cost of removal of landscaped islands and medians in the event the City is petitioned for their removal. Adopted in session of the City Council of the City of Shakopee, Minnesota held the day of , 1998. Mayor of the City of Shakopee ATTEST: City Clerk RES4873 -3 PREPARED BY: City of Shakopee 129 South Holmes Street Shakopee,MN 55379 RES4873 -4- EXHIBIT A Legal Description DESCRIP 1 1 0 N That port of Government Lot 3 lying easterly of the west 601,13 feet thereof. Government Lot 4 and the Northea Quarter of the Southeast Quarter of Section 10, Township 115, Range 22, Scott County, Minnesota, including the accretions and relictions thereto, including that port thereof lying South of the south line of Section 10, and northerly of the shore of Dean's Lake, except that portion contained in Parcel 74, Minnesota Deportment of Transportation Right-of-Way Plot No. 70-13. AND Government Lot 1, Section 15, Township 115, Ronge 22, Scott County, Minnesoto. AND That port of the Southwest Quarter of Section 11, Township 115, Range 22 and Government Lot 1, Section 14,Township 115, Ronge 22, Scott County, Minnesota. Except that portion contained in Parcel 75, Minnesota Deportment of Transportation Right-of-Way Plat No. 70-14. AND The-West One-Hall of the Southeast Quarter of Section 11, Township 115, Range 22, Scott County. Minnesota, except that part of the West One-Half of the Southeast Quarter of Section 11, Township 115, Range 22, Scott County, Minnesota, lying northerly of the following described line: Commencing at the southwest corner of said West On-Half of the Southeast Quarter; thence North along the west line of said West One-Half of the Southeast Quarter a distance of 992.09 feet to the point of beginning of the line to be described; thence deflecting to the right 94 degrees 13 minutes 30 seconds along the southerly line of the Northern States Power Company's easement to the east line of said West One-Half of the Southeast Quarter and there terminating. AND • • The Northwest Quarter of the Northeast Quarter of Section 14, Township 115. Range 22, Scott County. Minnesota. lying northerly of the south 200.00 feet thereof. AND Those. ports of the East Half of the Southeast Quarter of Section 11. Township 115, Ronge 22. the Northeast Quarter of the Northeast Quarter of Section 14, Township 115, Ronge 22. the Northwest Quarter of Section 13, Township 115, Range 22. and the Southwest Quarter of the Southwest Quarter of Section 12, Township 115, Range 22, all in Scott County, Minnesota, described as follows: Beginning at the northeast corner of the Southeast Quarter of Section 11; thence South 01 degrees 24 • minutes 43 seconds West, on an assumed bearing, along the east line of said Southeast Quarter, a distance • of 2134.73 feet; thence southeasterly 622.14 feet along a non-tongentiol curve concave to the Southwest, said curve has a central angle of 15 degrees 40 minutes 07 seconds, a radius of 2275.00 feet and o chord bearing of South 52 degrees 19 minutes 54 seconds East; thence South 44 degrees 29 minutes 51 seconds East, tangent to last described curve, a distance of 753.66 feet; thence southwesterly 200.07 feet along a non-tangential curve concave to the Northwest, said curve has a central angle of 05 degrees 18 minutes 38 seconds , a radius of 2158.53 and a chord bearing of South 45 degrees 24 minutes 22 seconds West: thence North 44 degrees 29 minutes 51 seconds West a distance of 754.00 feet; thence northwesterly 567.78 feet along o tangential curve concave to the Southwest, said curve hos a centrol angle of 15 degrees 40 minutes 40 seconds and a radius of 2075.00 feet; thence South 29 degrees 55 minutes 51 seconds West, a distance of 410.85 feet; thence South 00 degrees 09 minutes 18 seconds East. a distance of 1064.29 feet to the north line of Scott County Highway Right-of-Way Per Document No. 366002; thence westerly along said north line of Scott County Highway Right-of-Way to the west tine of the Northeast Quarter of the Northeast Quarter of Section 14; thence North 00 degrees 04 minutes 33 seconds East o distance of 1110.23 feet along said west line of the Northeast Quarter of the Northeast Quarter, to the northwest corner of said Northeast Quarter of the Northeast Quarter: thence North 01 degree 14 minutes 47 seconds East a distance of 2635.83 feet along the west line of the East One-Half of the Southeast Quarter of Section 11 to the north line of said Southeast Quarter; thence South 89 degrees 43 minutes 35 seconds East, olong the north line of said Southeast Quarter, a distance of 1327.08 feet to the point of beginning. Except that part contained in Scott County's Highway Right-of-Way Per Document No. 315591. Easement #1: Northern States Power Co. Easement Per Book 153 of Deeds, Pages 475-477 Easement #2: Williams Brothers Pipeline Easement Per Book 26 of M.R., Pages 305-307 Easement #3: Northern States Power Co. Easement Per Book 161) of Deeds, Pages 459-461 Easement #4: Northern States Power Co. Easement per DUG. No. 117738 Easement //5: Northern States Power Co. Easement Per Book 153 of Deeds, Pages 475-477 Easement #6: Proposed Minnegasco Modification • RES4873 -5- CITY OF SHAKOPEE Memorandum TO: Shakopee Planning Commission FROM: R. Michael Leek, Community Development Director SUBJECT: Preliminary Plat of Southbridge First Addition MEETING DATE: February 5, 1998 Introduction: Shakopee Crossings, Valley Green Business Park and the Minneapolis Foundation have made application for approval of the preliminary plat of Southbridge In Addition. Simultaneously, an application has been made by Valley Green Business Park for variances for 2 lots under the Shoreland Ordinance. The Commission previously approved the PUD for the subject properties, previously identified as East Dean Lake. The approved PUD provided for 848 dwelling units and a net density of 2.51 dwelling units/acre(DU/A). As submitted the preliminary plat reflects a total of 859 dwelling units and a net density of 2.37 DU/A Because of the size of the proposed preliminary plat and certain wetland issues, full engineering comment is not available. For that reason, staff suggests continuing the public hearing. Additional planning comments will, however,be provided to the Commission on Monday,February 2nd along with the material related to the Centex proposal. The drawings of the proposed plat are nonetheless being provided to the Commission so that it can familiarize itself with the plat. Alternatives: 1. Recommend approval of the preliminary plat with conditions. 2. Do not approve the preliminary plat. 3. Continue the public hearing to the next,regularly scheduled meeting(March 5th)or to a special meeting date established by the Commission. Staff Recommendation: Staff recommends Alternative 3, continuation of the public hearing. Action Requested: Offer and pass a motion continuing the public hearing to the next regular or a special meeting of the Commission. R.Michael Leek Community Development Director • SUPPLEMENTAL REPORT CITY OF SHAKOPEE Memorandum TO: Shakopee Planning Commission FROM: R. Michael Leek, Community Development Director SUBJECT: Preliminary Plat of Southbridge First Addition MEETING DATE: February 5, 1998 Site Information: Applicants: Shakopee Crossings, The Minneapolis Foundation, Valley Green Business Park Location: South of STH 169 and West of CSAH 18 Current Zoning: Adjacent Zoning: North: STH 169 right of way South: AG(Agricultural Preservation) RR(Rural Residential) East: I-1 (Light Industrial RR(Rural Residential West: Dean Lake I-1 (Light Industrial) Comp.Plan: 1995: Single Family Residential Area: Acres MUSA: The site is within the MUSA boundary. Introduction: Valley Green Business Park,the Minneapolis Foundation and Shakopee Crossings are requesting Preliminary Plat approval for Southbridge 1A Addition(formerly identified as"East Dean Lake", a development consisting of 859 dwelling units in the form of single family residential lots and townhomes. The underlying zoning on these properties is R-1A(Low-Density Residential)on the west and R-1B (urban residential)on the east. 1 SUPPLEMENTAL REPORT Considerations: 1) The subject site is 548.71 acres in size. The underlying zoning of the property is R 1A and R 1B, but a PUD overlay was approved by the City Council on September 30, 1997. Please see attached copy of Resolution No. 4751. This resolution approved the PUD and states the conditions,which were attached to the development as part of the approval. 2) The proposed development provides a net density of 2.37 dwelling units per acre. This density falls below the maximum allowed under the PUD approval for the site. 3) The City Attorney has recommended that a condition of preliminary plat approval be that the developers enter into a separate agreement regarding the administrative costs and a separate agreement guaranteeing the special assessments, as well as the developer's agreement. 4) The Department of Natural Resources(DNR)has commented that Sheet 1.03 of the submission shows lot widths of 100 feet instead of the 125 feet required in the Shoreland District and that any variation from the 1000 foot shoreland district must be approved by the Commissioner of the DNR. A copy of the DNR's letter is attached for the Commission's information. 5) 1Vfinnegasco has commented that the right-of-way for Hartley Boulevard North and the proposed sanitary sewer line cannot be allowed to encroach on its easement for a high pressure natural gas transmission line that crosses the proposed plat. A copy of Miinnegasco's letter is attached for the Commission's information. 6) The Engineering Department is continuing its review of the detailed drawings submitted with this request. Alternatives: 1. Recommend to the City Council the approval of the request for approval of the Preliminary Plat of Southbridge First Addition, subject to the following conditions: a) The City Attorney has recommended that a condition of preliminary plat approval be that the developers enter into a separate agreement regarding the administrative costs and a separate agreement guaranteeing the special assessments, as well as the developer's agreement. b) The Department of Natural Resources(DNR)has commented that Sheet 1.03 of the submission shows lot widths of 100 feet instead of the 125 feet required in the Shoreland District and that any variation from the 1000 foot shoreland district must be approved by the Commissioner of the DNR. A copy of the DNR's letter is attached for the Commission's information. 2 SUPPLEMENTAL REPORT c) Miinnegasco has commented that the right-of-way for Hartley Bulevard North and the proposed sanitary sewer line cannot be allowed to encroach on its easement for a high pressure natural gas transmission line that crosses the proposed plat. A copy of Mmnegasco's letter is attached for the Commission's information. d) The following procedural actions must be completed prior to the recording of the Final Plat: i) Approval of title by the City Attorney. ii) Execution of a Developers Agreement for construction of required public improvements: iii) Street lighting to be installed in accordance with the requirements of the Shakopee Public Utilities Commission. iv) Electrical system to be installed in accordance with the requirements of the Shakopee Public Utilities Commission. v) Water system to be installed in accordance with the requirements of the Shakopee Public Utilities Commission. vi) Installation of sanitary sewer and storm sewer systems, and construction of streets in accordance with the requirements of the Design Criteria and Standard Specifications of the City of Shakopee. vii) Street signs shall be constructed and installed by the City of Shakopee at a cost to the developer of$270.00 per sign pole. viii) The developer shall be responsible for payment of Trunk Storm Water Charges, security for the public, engineering review fees, and other fees as required by the City's 1997 Fee Schedule. ix) The City Engineer and Shakopee Public Utilities must approve the Final Construction Plans and Specifications. x) The developer shall provide easements, as required by City Code. 2. Revise the conditions recommended by staff; and recommend approval of the Preliminary Plat for Southbridge First Addition,to the City Council, subject to the revised conditions. 3. Recommend to the City Council the denial of the request for approval of the Preliminary Plat for Southbridge First Addition. 4. Table a decision in order to allow time for the applicant and/or staff to submit additional information or make any necessary revisions. 3 SUPPLEMENTAL REPORT Staff Recommendation: Staff recommends Alternative No. 4, continuing the public hearing to a date certain to allow complete review of the engineering plans. Action Requested: Offer a motion to continue the public hearing to a date certain and move its approval. /,e' R. Michael Leek Community Development Director i:\commdev\bona-pc\1998\feb5\ppsobrg.doc 4 'RESOLUTION NO.4751 A RESOLUTION OF 111E CITY OF SHAKOPEE,MINNESOTA,APPROVING PLANNED UNIT DEVELOPMENT OVERLAY DISTRICT#14,EAST DEAN LAKE WHEREAS,Valley Green Business Park,a Minnesota Limited Partnership; The Minneapolis Foundation, a Minnesota Non-Profit organization; Shakopee Crossings Limited Partnership, a Wisconsin Limited Partnership; and Nevac II LLC,a Wisconsin Limited Liability Corporation; owners of the properties described on Exhibit A, attached hereto, have made application for approval of a residential Planned Unit Development(PUD); and WFTFREAS,the Planning Commission of the City of Shakopee did review the Planned Unit Development of East Dean Lake on May 8,May 22, June 12, June 19, July 24, August 7 and August 21, 1997, and recommended its approval subject to conditions, and contingent on a negative declaration by the City Council on the need for an EIS; and WHEREAS, all notices of the public hearing for the Planned Unit Development were duly sent and posted and all persons appearing at the hearing have been given an opportunity to be heard thereon. NOW,THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE,MINNESOTA, as follows: That the Planned Unit Development Overlay District#14,East Dean Lake is hereby approved subject to the following conditions: 1) Transportation: a) Street right-of-way dedicated to the City for the collector street identified as "A" Street shall be 100 feet wide b) That 55 feet right-of-way be dedicated for the following streets, which shall be 30 feet wide, measured from curb face to curb face; i) B Street ii) B Street Court iii) C Street iv) D Street v) D Street Court vi) E Street vii)E Street Court viii) F Street ix) G Street x) H Street xi) H Street Court xii)I Street xiii) I Street Court • xiv) J Street xv)L Street xvi) L Street Court xvii) M Street xviii) N Street xix) N Street Court xx)The inner and outer streets in the proposed "Centex" neighborhood (Neighborhood #2) c) The following streets in Neighborhood 4 (the townhouse neighborhood) shall have 60 feet of right of way, and shall be 32 feet wide measured from curb face to curb face; i) K Street ii) K Street Court iii) K Street Circle d) The maintenance of roadway medians and other landscape islands shall be the responsibility of the homeowners' associations. e) Parking shall be prohibited on "A" street and shall be limited to one side on all local streets, and all streets signed appropriately. The parking plan for the PUD shall be approved by the City Engineer prior to approval of any final plat, shall be incorporated into the homeowners' association regulations, and will remain in effect unless specifically authorized otherwise by the City Council. f) "A" street shall end in a temporary cul de sac meeting the City's standards for permanent cul de sacs, until such time as CSAH 21 is extended past the southwest corner of the PUD, at which time "A" street will be connected to CSAH 21. g) The maintenance of roadway medians and other landscape islands shall be the responsibility of the homeowners' associations. h) A 5' sidewalk shall be provided on one side of all streets. 2) Wetlands: a) The wetland information submitted is made a part of the PUD record. However, the wetland mitigation plan(s) shall be reviewed at the time of final plat and shall be consistent with the requirements of the Wetland Conservation Act. 3) Parks/Open Space: a) The homeowners associations shall maintain medians and landscape islands. b) All parks (except the tot lot areas), open space and wetlands indicated on the development plan titled "Roadway and Open Space Dedication Plan," dated "revised 7/24/97" shall be dedicated to the City. 4) Zoning Standards: a) The PUD shall have an overall density, excluding right-of-way and wetlands, of 2.51 dwelling units/acre. b) The PUD shall provide 85 acres of upland open space. c) The lot standards and variations shall be as found on pages 28-30 of the April 28, 1997, application submission. d) The construction of up to 300 units of townhouses shall be allowed in Neighborhood 4 of the approved PUD plan. The development of Neighborhood 4 will be subject to a separate site plan review process. 5) Unless otherwise modified by this resolution-, the PUD shall be governed by the requirements of the underlying zoning districts. BE IT FUR1'liER RESOLVED,that the Mayor and City Clerk are hereby authorized and directed to execute said Planned Unit Development. Adopted in session of the City Council of the City of Shakopee, Minnesota, I / Held the 50 day of �,_• '„. A, , 1997. or'of the City ofi Sh`iiopee / • • ATTEST: lerk ' °4 PARED BY: City of Shakopee 129 South Holmes Street Shakopee, MN 55379 • EXHIBIT A Legal Descriptions City of Shakopee Resolution No. 4751,Approving PUD Overlay District# 14, East Dean Lake 6 pudedlk/RML Minnegasco• A CORM ENERGY COMPANY January 23, 1998 Shakopee Community Development Department 129 South Holmes Street (�D etg ) Shakopee, MN. 55379 a JAN 2 6 loop by fax# 445-6718 • RE: Preliminary Plat of Southbridge 1st Addition Minnegasco easement number 887-1-26 With reference to the preliminary plat of Southbridge 1st Addition, Minnegasco currently has an easement for a high pressure natural gas transmission line crossing the plat. Enclosed are three letters dated April 21, 1997; July 21, 1997; and October 3, 1997 explaining Minnegasco's position and strong objections to this preliminary plat. The right-of-way of Hartley Boulevard North and the proposed Sanitary Sewer line cannot be allowed to encroach on this limited width easement. Additionally, current FHA, HUD, & VA policies maintain that a 10-foot corridor must be created between the outside limits of easements and any part of a home. Minnegasco will not be able to reduce the easement on this property to meet policies. Future property owners adjacent to the easement, when selling their property, may not qualify for FHA and VA financing. I also suggest, for the sake of future home owners adjacent to the easement that placement of all homes be moved to a minimum of 10 feet from the easement. Please forward a copy of the revised plat with construction plans, as requested during the last year, for review and approval by Minnegasco. Please call me at 321-5381 with any questions. Respectfully, MINNEGASCO Steven Von Bargen Real Estate Specialist pc: R. J. Pilon, Minnegasco loommir 700 West Linden Avenue P.O.Box 1165 Minneapolis,MN 55440-1165 St NI by: UNH MtIHU; 1 -Ltl-ytl 15:UUi G//1/5/3 _> Ell 1 44b t]/1 a; ##1/1 �P��OF MINNFSo� `�►q Minnesota Department of Natural Resources rn W Metro Waters - 1200 Warner Road, St. Paul, MN 55106-6793 owe Telephone: (612) 772-7910 Fax: (612) 772-7977 OF N!p1,Q January 28, 1998 Mr. Michael Lcck City of Shakopee 129 South Holmes Street Shakopee,Minnesota 55379 RE: PRELIMINARY PLAT OF SOUTHBRIDGE FIRST ADDITION,DEAN LAKE SHORELAND DISTRICT Dear Mr. Leek: I have reviewed the materials you forwarded relative to the preliminary plat of Southbridge 1st Addition,located north east of Dean Lake, a DNR-protected waters wetland regulated as a Natural Environment basin under the city's shoreland ordinance. I commented previously on variance requests for a number of lots within the proposed development. The shorcland district for Dean Lake,within which the standards of the city's shoreland ordinance applies,extends 1000 feet from the ordinary high water elevation of 747.0 feet above sea level. The proposed plat has used something less than the 1000 foot distance to define the shorcland district. It is unclear to me what was used to determine the shorcland district. In any event,minimum lot size,lot width, impervious surface coverage,and building height within 1000 feet of Dean Lake must meet the standards of your shorcland ordinance. Sheet No. 1.03 of the plans you provided me indicate a minimum lot width of 100 feet for non-riparian lots. Minimum state standards,as well as your shoreland ordinance,require 125 foot lot widths for both riparian and non-riparian lots within the shoreland district of a natural environment lake. Please ensure the developer has platted consistent with the shoreland regulations, especially with respect to the limits of the shoreland district. Any reduction in the 1000-foot shoreland district from a shoreland basin must be approved by the commissioner of the Department of Natural Resources. The commissioner has not approved such a reduction in the shoreland district for Dean Lake. Thank you for the opportunity to review and comment on the proposed plat. Please advise me of the outcome on the public hearing to consider same. If you have any questions,please call me at 772-7910. Sincerely, Z1 Patrick J. Lynch 11 Area I lydrologist 1)NF: Inf. Clll:ItiVi1: ('I' =`1G 615). I-riUll-/c,h-(,(g)il • I'1 Y:61' 29O•5484. I-8(10-61/ 3lI_9 \n Lyu:l t)1 p.l.uml.I.mpl.q.r A 1'iIIlcl,ii If,s,1...1 I'a�+cr('.•alai1 n; _ 1%Ito 1)i‘4., Itig (-011,111110 W.1.11- SCOTT COUNTY PUBLIC WORKS AND LANDS DIVISION HIGHWAY DEPARTMENT 600 COUNTRY TRAIL EAST JORDAN, MN 55352-9339 (612)496-8346 BRADLEY J. LARSON Fax: (612)496-8365 ASSOCIATE ADMINISTRATOR January 26, 1998 Vrilt(C;11.1VED Mr. Michael Leek $14140 1998 City Planning Department City of Shakopee 129 South Holmes Street Shakopee, MN 55379 Subject: Preliminary Plat of Southbridge First Addition in Shakopee (North of future CSAH 21 and west of CSAH 18) Dear Mr. Leek: We have reviewed the preliminary plat of Southbridge First Addition as it relates to Highway Department issues and offer the following comments or concerns: Conditions of Approval • The existing 200' right-of-way along CSAH 21, as shown (Doc. No. 366002), should be adequate for the easterly portion of the plat . However, the 200' right-of-way should be extended westerly and southerly to your south property line and dedicated to Scott County as part of the final plat. We will send you the alignment coordinates for future CSAH 21 to assist you in incorporating this into your plat. • All lot access shall be taken from local roads, no direct access will be allowed onto future CSAH 21. Controlled access shall be dedicated with the final plat along CSAH 21, with one opening allowed for at Southbridge Parkway west & east. • Provide an analysis of the projected traffic to be generated by this development. We have a concern with a single access point. • Provide drainage calculations for any drainage entering the County right-of-way with the final plat. This should include the existing and proposed conditions and a summary denoting any change. • We request the opportunity to review the construction plans and final plat. An Equal Opportunity/Safety Aware Employer Michael Leek Southbridge First Addition Page 2 General Comments • Upon review of the development and the number of lots, we question from a public safety standpoint having only one outlet for traffic. We would consider allowing a two-lane city street to be constructed on the future CSAH 21 alignment, assuming County roadway standards are adhered to. This roadway would then remain as a City Street until CSAH 21 is constructed. At the time of the CSAH 21 construction, the County would construct a center median and an additional two-lanes and extend the highway to the west and south. • A future right-turn lane along CSAH 21 for Southbridge Parkway will be required. The cost will be the responsibility of the City/developer. • No berming, landscaping, ponding, or signing will be allowed within the County right-of-way. • Any grading or utility work required within the County right-of-way will require a permit prior to the work commencing. • Noise levels will increase as traffic volumes increase on CSAH 21. At any new development along future CSAH 21, such as Southbridge Addition, the responsibility for noise attenuation lies with the City and the developer. Thank you for the opportunity to comment. Please contact us if you have any questions or need additional information. Sincerely, ��//JJ /,� /i74.(Le�jx- Jas n Mielke Transportation Planner c: Scott Merkley-County Transportation Manager Bruce Loney-City of Shakopee Mr. Jon Albinson -Valley Green Business Park j m:\adm\review\plat.doc -. 23. 156,659 82 SQUARE t�r.l: 1 ���,`�.tib ACRES TOTAL PROPERTY - 1. 170,79 ACRES SI-IAKOPEE 500 = 7,439,50.3.03 SOLIARI. 1-f 1 ACRES MINNEAPOLIS FOUNDATION „ 4,5i3,3t111 '3OuFCC I : 103,61 APE1 ) ES0 ACRES SINES5S PARK -= 11,003,849 97 ;i)1-IAPE 1 CC 7 VALLEY GREEN E3ll I Ic.,art•s i oke. NOTE: Areas ore scolcd to the Shoreline o t C 1 10 N 4 and Nor Rico Tho feel Ihcrtol. Government lotincluding the r the west 501 13 Minnesota% lo1 the ond lying eoslerltion ; o IZon r 77, Scott County. of Sectionf °va port of Government lot 3 V 1 Township 115, gDeportment o 1 the Southeast thee of Sing thot port the.col lying South of the losouth h tinea pct norther a including q onion contained a, Forcer accretions ond relictions thereto, except that p northerly of the Right-of lWoyPlotN lake, 70-13 Transportation R q AND a 22. Scott County. Minnesolo. Government Lot 1, Section 15, towRan115, 9 AND 1 Section • 115. Ro^ge 77 and Government lot Minnesolo 11, Township that portion conlaned ,n Parcel 75. Southwest Scottorler al Section f,r:ePl Thal port of the Sou County. Minnesota Range 22. I_Woy Plot Mn 70-t 4 ,.„,...»..,�,...... Department 115, q notion Right-of-Way ..• Department of •lronspo • ,,.•... UcP ...,..•.,•.•••�••wrrr^~"'"'ANa Minnesota, N� lt1t^1frlrr^44"rr,Pfir'"' ,. Scott County.•.rma',r,w.•.•�.,.+M1T•gM, r7r!`. township 11`, Non qe 27. r Ron a 72. Scott of Section 11, I Section P n9 township 11�. 9 The West ane-Noll of the Soulheasl Duarte( Southeast Uvorler o 1 the West One-Moll o line'. Count thatport othence North along northerly of the following describe County, Minnesota. lying I the Southeast Uvorler. the point of ►loll ° 1992.rt .eel to g corner of said Weil an- distance a 13 minutes 30 seconds of the southwest On Noll 0' the Southeast Ouort er °rid h( n degrees 99I sold West Commencing i sole west One- ' deflecting to the ) the coil line o along get line o ,e de Northernh: thence de m on •s easement to of the line to be the `doles Power Co P Y beginningterminating the southerly line o One-Boil of the Southeast ()oriole( and there AND Minnesolo. *be 1 Ouorler of Section 14, Township 1(5, Range 22. Scott County. The Northwest Quarter of the Northeast thereat lying northerly of the south 200.00 MID r e 22, the Northeast 11, township 11�. Range of Section 13. SOuthcost Duo(ler of Section thesh Northwest Pa a 22, 115. Roncr 77, lion 12. TownshipSe 115. oris of the Cost Holl of the Section 14, township Southwest Door ter of Set Those Pr r of the Soull Ouorler of the Northeast Duarte( a Southwest )varlc tallows. township 115.Il Range 27. described os South O1 degrees 24 Ronqc ?.2, all in Scott County. 1Ainnesolrt, 1 Stcl�on 11; IhrnCt o dislonce corner of the 5outheest Duar)ter o cool hoe of void Se Cl lou the ree5 74 est. minutes 43 the ns West, non-- hoe of rurvC coraco heel ond i chard on en n rly braying, aloe Ihr. 75.00 Seconds Weil, 672 14 fret otond o rands. o rod, v of 1C seconds •. minutes Csr, youihenslrrlyd 44 degrees 59 mineee rel 2134 73 (tel: thence 15 degrees 40 mmulrs 0 threce Smith feel along o central ees o )',4 seconds lost. r 14degicessouthwesterly 200.01 18 51 minutes 3f3 said curve has o *9 minute: 01 753 66 (rel. (hrnc treesrnlrol anger of 05 degrees Wr.sl. 52n d,slonCe bearing of South curve ea 45 deuces 74 ie al 22 seconds lost, a Northnl to loll eeC79 curve, thence northwesterly Ihr Northwest. soid curve hos a C 754 00 (CCI. hos o central of 15 degrees r n Ove to h chard bearinrl al ,ou no^•-Iangenliol curvy c l cand o dislonce 01West. a radius of 7S 2 53 , I grCO0(ls west o51 seconds 567.1seconds . tees 79 minutes •t to the Southwest, sold carve 55 minutes angle a 29 teal 44 de concave79 degrees t 105 thence q tri.(, thence 500th tl,sluese o alongo tangential Curve C.i 7075 00 minutes 18 seconds I "51. o thence westerly along distance feet 40 e 5f orad o radius 009 366007. ,Ire ul the 40 minutes of-- Pei Document rio of 41(1.85 heel: Ihence South 00 degrees os I,ne nr the tlo,lheosl a'a,slonc' p1 a Nirhl--or-Woy to the «est nos lost a north line of `_;toll County high YoY T 9et0 northwest to rhe degrees 04 minutes 53 to the north line of Scot Count Iliyhwo North 00 deg Nor 1,.r.agt Uuarttr• 47 seconds sold I id wen 14: 01 the Chorler of the r 1 degree 1t minutes they of said well line of the Northeast thence Ihtosl Cloutier flr,.1 ` Norlheosl Quarter o I,nll or Iht Sou seconds 11107.3 teal along I the Norlheosl ()varlet. nil rine- minutes SS 5 of sold Northeast Dual feeteo west tine of The [ South 119 degrees 43 int of beginning of corner of north tin along theOuor thence °1 t3feel to them point Cost o dislonhe line of sold Southeast Duarte,. r• 7 013 c315591 dislonce Per Document No. Section 11 to the Ru hl-OI•-Way fast• aloha thepnorth line of said Scott C000ty 00gh% 0 C,cepl that pori contained in County s Hlghwoy 1 ' I I I ' Pa es 475-4'17 Per Oook 153 of Deeds, 9 Power Co. 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Michael Leek, Community Development Director SUBJECT: Preliminary Plat of Southbridge First Addition MEETING DATE: February 19, 1998 Introduction: At its February 5th meeting the Commission continued the public hearing on this request to February 19th in order to allow additional time for comment to be received. Accompanying this memorandum is the February 9th memo of the City Engineer for the Commission's information Planning Staff has also met with Lou Van Hout and Joseph Adams of the Shakopee Public Utilities Commission (SPUC), who have expressed a concern that approval of this plat trigger completion by the developers of water looping for the project area. Staff has inserted a proposed condition relative to that concern. Alternatives: 1. Recommend to the City Council the approval of the request for approval of the Preliminary Plat of Southbridge First Addition, subject to the following conditions: a) The City Attorney has recommended that a condition of preliminary plat approval be that the developers enter into a separate agreement regarding the administrative costs and a separate agreement guaranteeing the special assessments, as well as the developer's agreement. b) The developer(s) enter into an agreement prior to final plat approval limiting to 100 the number of lots/houses which can be served by the proposed water services without additional looping having been completed. The design of additional looped service is to be approved both by SPUC and the City Engineer. c) The Department of Natural Resources(DNR)has commented that Sheet 1.03 of the submission shows lot widths of 100 feet instead of the 125 feet required in the Shoreland District and that any variation from the 1000 foot shoreland district must be approved by the Commissioner of the DNR. d) 11Tinnegasco has commented that the right-of-way for Hartley Boulevard North and the proposed sanitary sewer line cannot be allowed to encroach on its easement for a high pressure natural gas transmission line that crosses the proposed plat. e) The following will occur before review of the preliminary plat by the City Council: i) Approval of the requested lot variances, or revision of the plat in the event that the variances are not approved. f) The following procedural actions must be completed prior to the recording of the Final Plat: i) Approval of title by the City Attorney. ii) Execution of a Developers Agreement for construction of required public improvements: iii) Street lighting to be installed in accordance with the requirements of the Shakopee Public Utilities Commission. iv) Electrical system to be installed in accordance with the requirements of the Shakopee Public Utilities Commission. v) Water system to be installed in accordance with the requirements of the Shakopee Public Utilities Commission. vi) Installation of sanitary sewer and storm sewer systems, and construction of streets in accordance with the requirements of the Design Criteria and Standard Specifications of the City of Shakopee. vii) Street signs shall be constructed and installed by the City of Shakopee at a cost to the developer of$270.00 per sign pole. viii) The developer shall be responsible for payment of Trunk Storm Water Charges, security for the public, engineering review fees, and other fees as required by the City's 1998 Fee Schedule. ix) The City Engineer and Shakopee Public Utilities must approve the Final Construction Plans and Specifications. x) The developer shall provide easements, as required by City Code. 2. Revise the conditions recommended by staff, and recommend approval of the Preliminary Plat for Southbridge First Addition, to the City Council, subject to the revised conditions. 3. Recommend to the City Council the denial of the request for approval of the Preliminary Plat for Southbridge First Addition. 4. Table a decision in order to allow time for the applicant and/or staff to submit additional information or make any necessary revisions, and to allow decision on the requested variances. Action Requested: A motion tabling the request to the March 5th meeting. R. Michael Leek Community Development Director i:\commdev\boaa-pc\1998\feb 19\ppsobrg3.doc CITY OF SHAKOPEE Memorandum IRECkni TO: Michael Leek, Community Development Director FEB1 .0 1998 FROM: Bruce Loney,Public Works Director SUBJECT: Southbridge 1st Addition Preliminary Plat DATE: February 9, 1998 This memo is in regard to the above referenced preliminary plat of Southbridge 1st Addition and the following comments are intended to point the major issues associated with the preliminary plat. My comments are as follows: 1. On Sheet B of the preliminary plat, a landfill area is shown to exist in a future area designated as park. Will this future landfill area be capped prior to the City taking it over as a park or is there going to be potentially environmental clean up costs associated with the City? 2. On Sheet E, is there a noise mitigation for a future County State Aid Highway 21, which would be built adjacent to this development at some time in the future? This may need a legal opinion to determine if the City should require the developer or is this a County responsibility. 3. On the preliminary grading plans, the City Engineering staff needs to review the proposed housing elevations and determine if they comply with the new building elevation policy of sites adjacent to wetlands, ponds and lakes. Also a concern in this area, is the potential groundwater elevation once, the pumping for the Shiely mine has ceased. 4. The plat should show easements that allow a maintenance access to all stormwater ponds and City infrastructure such as sanitary sewer for future maintenance. These are the major issues that I see with the plat at this time. The Engineering staff is continuing its review on the technical portions of this plat, and will complete its review as soon as possible. It is our intention that the Engineering Department will provide a list of items for the developer and their Engineers to address prior to a February 19th meeting with the Planning Commission. If you have any questions in regard to this memo,please contact me in my office. 4.el 4iejir e Loney Public Works irector BL/pmp SOUTHBRIDGE cc: Joel Rutherford, Assist. City Engineer City of Shakopee Memorandum TO: Michael Leek, Community Development Director FROM: Joel Rutherford, Assistant City Engineer SUBJECT: Southbridge (East Dean Lake)Preliminary Plat Application DATE: February 13, 1998 After review of the preliminary plat application submittals, the engineering department has the following comments and recommendation: Streets The street widths must be in accordance with the approval of the PUD. Landscaped medians and islands are being proposed in public right-of-way areas. Staff believes the islands located in a standard cul-de-sac (right-of-way radius of 60 feet) would be a future maintenance issue for the City. Staff believes because they are so small, they would not provide enough benefit to the neighborhoods to justify proper maintenance by the residents or association. Previous developments that have had similar islands were eventually removed (by petition from the residents) because of the lack of maintenance. The larger islands and medians would be acceptable only if maintained by the association. Because of their size, and benefit, it is staff's belief that they will be properly maintained. Streets must intersect each other at 90 degree angles. Falmouth Curve at Hartley Boulevard North must be revised, along with others that also do not meet the design criteria. Easements All easements for the Final Plat must be in conformance with the City Code. Drainage and utility easements must be provided around ponding areas, to the 100-year elevation. Access easements to these ponding areas must be dedicated to the City for future maintenance. Grading Plan The City's policy (see attached) regarding low floor and lowest opening for structures has been revised to address the issue of the pumping at Shiely. Besides ground water and pond elevations, the policy also looks at the soils to estimate historical ground water elevations. This new policy shall be used to determine the lowest floor elevation allowed, and the lowest opening (window, door) allowed. Wetlands The developers have submitted a mitigation plan for proposed wetland impacts. This plan is currently out for review by other agencies. The comment period for these agencies will expire on February 23, 1998 (no comments have yet been received). Prior to review of the preliminary plat by the City Council, all approvals required by the Wetland Conservation Act must be obtained. Miscellaneous Prior to review by the City Council, the developer must submit information which shows the development meets the current standards for sound mitigation. This information must also address the proposed sound mitigation for future County Road 21. Because this plat abuts both County and MnDOT right-of-way, the developer may be required to make changes based on comments from those agencies. Recommendation Recommend approval of the preliminary plat for the proposed plat, subject to the following conditions: A) Those conditions which were part of the PUD approval; B) Prior to review by the City Council of the Preliminary Plat, the approvals required by the Wetland Conservation Act must be completed. C) As part of the application for Final Plat, the applicant must submit the following: 1) Information regarding compliance with sound mitigation requirements for both existing and future (County Road 21) streets and highways; 2) Revised drawings showing intersections at 90 degrees; 3) Revisions are required by Scott County and MnDOT. D) Prior to recording of the Final Plat, the following actions must be completed: 1) Execution of the Developers Agreement,which shall include provisions for payment of the Trunk Storm Water Charges, Trunk Sanitary Sewer Charges, engineering review fees, and other fees as required by the City's 1998 Fee Schedule; 2) The Final Construction Plans and Specifications must be approved by the City Engineer; and 3) The developer shall provide easements, as required by City Code, including access easements to the ponding areas.. Feb-12-98 10 :47A P_02 B.A.ret A.Weiss,P.E. 350 Westwood Lake Office Brcr A.Weiss,P.F 8441 Wayzata Boulevard Pctcr R.WillcnhrinM P.C. r) Ron W.Sreray,HISB Minneapolis, MN 55426 Ronald n.Bray,P.r.. 612-541-4800 &Associates,Inc FAX 541-1700 Memorandum To: Mr. Bruce Loney, City of Shakopee From: Pete Willenbring, Bret Weiss, P.E. Date: February 9, 1998 (Revised February 10, 1998) Re: Additional Discussion and Recommendations Concerning Minimum Building Opening Elevations WSB Project No. 1014.01 As a follow-up to our discussions on February 9th,please find outlined below an updated policy that could be used by the City to provide reasonable flood protection to structures built within the City. Generally speaking, we believe it will be the intent of this policy to provide the following: 1. A reasonable assurance that structures will not be flooded by surface waters that would result from a rainfall or runoff event that would have a 1 in 100 chance of occurring in any given year. 2. That minimum basement floor elevations be set at such an elevation to provide reasonable assurances that high water table elevations or high surface water elevations will not result in structural damage or inundation of the basement of the structure. 3. Provisions for adequate freeboard between the high water elevation and low building opening and basement floor elevations to reflect the potential for partial obstructions in downstream drainage systems,the potential o f wind and wave action to damage the structure at an elevation above the dampened water elevation, the affect of future development on changing the anticipated high water elevations in the area, and any other foreseeable considerations. 4. An ability to adjust to some extent the freeboard requirement if site-specific conditions demonstrate raising or lowering the requirement is prudent. 5. The policy must be sensitive to the costs of implementing the policy relative to the level of protection provided. Infrastructure Engineers Planners kAwrwlm)uu.0 029991 it wt.,AL QIi't nrt•UNIT'rMrU)YF.It Feb-12-98 1O:47A P.03 Additional Discussion and Recommendations Concerning Minimum Building Opening Elevations WSB Project No. 1014.01 February 9, 1998 (Revised February 10, 1998) Page 2 Based on the above considerations, the following policy is suggested: 1. Require minimum building openings duce feet (3') above the anticipated high water elevation as a standard practice. However, if this three-foot (3') freeboard requirement is considered a hardship, the standard could be lowered to two feet(2') if the following can he demonstrated: (1) That,within the two-foot(2') freeboard area,storm water storage is available which is equal to or exceeds 50%of the storm water storage currently available in the basin below the 100-year elevation. (2) That a 25%obstruction of the basin outlet would not result in more than one foot(1') of additional bounce in the basin. (3) An adequate overflow route from the basin is available that will provide assurance one foot(1')of free board will be maintained for the proposed low building opening. 2. Require setting minimum basement floor elevations to an elevation that meets these three criteria: (1) The basement floor will be four feet(4')above the currently-observed groundwater elevations in the area(FHA policy). (2) The basement floor will be two feet (2') above the elevation of any known historic high groundwater elevations for the area. Information on historic high groundwater elevations can be derived from any reasonable sources and including piezometer data, soil boring data,percolation testing logs,etc. (3) The basement floor will be one-foot(1')above the highest anticipated groundwater elevation for the area that would result from high surface waters elevating ground water elevations during a 100-year critical duration rainfall event. The extent that high surface water elevations will impact the elevation of ground water in the vicinity of the structure,should at a minimum, take into consideration the sites distance from the flood plain area, soils, typical ground water table elevations and historic high water table elevations in the area. Once you have had an opportunity to read this draft policy please feel free to contact me to discuss it further. 1v/nn,/ly F:\1V P WV 1 M 1014.01102 0994-b l Revised 2/18/1998 CITY OF SHAKOPEE Memorandum TO: Shakopee Planning Commission FROM: R. Michael Leek, Community Development Director SUBJECT: Preliminary Plat of Southbridge First Addition MEETING DATE: February 19, 1998 Introduction: At its February 5th meeting the Commission continued the public hearing on this request to February 19th in order to allow additional time for comment to be received. Accompanying this memorandum is the February 9th memo of the City Engineer for the Commission's information. The conditions suggested in that memorandum have been incorporated in the draft conditions of approval. Planning Staff has also met with Lou Van Hout and Joseph Adams of the Shakopee Public Utilities Commission (SPUC), who have expressed a concern that approval of this plat trigger completion by the developers of water looping for the project area. Staff has inserted a proposed condition relative to that concern. Alternatives: 1. Recommend to the City Council the approval of the request for approval of the Preliminary Plat of Southbridge First Addition, subject to the following conditions: a) The conditions imposed as part of the East Dean Lake PUD approval. approval-be-that-The developers enter into a-separate agreements regarding 1)the payment of administrative costs related to the design of Hartley Boulevard 2)guaranteeing the special assessments. , • - - - - - - = '• _ -- .. - e) The developers enter into an agreement with SPUC prior to final plat approval limiting te-199 the number of lots/houses that can be served by the proposed water services without additional looping having been completed. eer. - ! ...- - . .. ' -• u n • . -- . . . . . -• . !! - . _. . . - -- Revised 2/18/1998 e) The grading plans for this project will conform to the City's policy on Minimum Building Opening Elevations. y .. . .__ . _: - _. - : - - . .. - .. . l fes The Minnegasco easement in the vicinity of Hartley Boulevard North will not be encroached upon except as approved by Minnesgasco. g) The following will occur before review of the preliminary plat by the City Council: i) Approval of the requested lot variances for Lots 14 and 15. Block 17, or revision of the plat to conform to applicable standards in the event that the variances are not approved. ii) Prior to review of the preliminary plat by the City Council, approvals required under the Wetland Conservation Act must be completed. h) As part of any application for final plat approval, the following must be submitted: i) Revised drawings showing intersections at 90 degrees; ii) Revised drawings deleting landscape islands in standard cul de sacs (i.e., those with a right-of-way radius of 60 feet); iii) Revisions as required by MnDOT and Scott County; iv) Information regarding compliance with sound mitigation requirements for existing and future streets and highways. i) The following procedural actions must be completed prior to the recording of the final plat or plats: i) Approval of title by the City Attorney. ii) Execution of a Developers Agreement for construction of required public improvements: iii) Street lighting to be installed in accordance with the requirements of the Shakopee Public Utilities Commission(SPUC) except as modified by the East Dean Lake PUD approval or by specific agreement with SPUC. iv) Electrical system to be installed in accordance with the requirements of the Shakopee Public Utilities Commission. v) Water system to be installed in accordance with the requirements of the Shakopee Public Utilities Commission. Revised 2/18/1998 vi) Installation of sanitary sewer and storm sewer systems, and construction of streets in accordance with the requirements of the Design Criteria and Standard Specifications of the City of Shakopee except as modified by the East Dean Lake PUD approval. vii) Street signs shall be constructed and installed by the City of Shakopee at a cost to the developer of$270.00 per sign pole. viii) The developer shall be responsible for payment of Trunk Storm Water Charges, security for the public, engineering review fees, and other fees as required by the City's 4998 adopted Fee Schedule. ix) The City Engineer must approve the Final Construction Plans and Specifications. x) The developer shall provide easements as required by City Code including any access easements to ponding areas, which may be required. xi) The homeowners association(s)will be responsible for the maintenance of all islands and medians within the public streets in the project. 2. Revise the conditions recommended by staff, and recommend approval of the Preliminary Plat for Southbridge First Addition, to the City Council, subject to the revised conditions. 3. Recommend to the City Council the denial of the request for approval of the Preliminary Plat for Southbridge First Addition. 4. Table a decision in order to allow time for the applicant and/or staff to submit additional information or make any necessary revisions, and to allow decision on the requested variances. R. Michael Leek Community Development Director is\commdev\boaa-pc\1998\feb 19\ppsobrg4.doc 02/18/98 17:27 $612 337 5601 DSU. INC. 2002/005 DAHLGREN SHARDLOW AND.LBAN INCORPORATID CONSULTING PLANNERS LANDSCAPE ARCHITECTS 300 FIRST AVENUE NORTH SUITE 210 MINNEAPOLIS, MN 55401 612.339.3300 PHONE 612.337.5601 FAX MEMORANDUM DATE: February 18, 1998 TO: Michael Leek,City of Shakopee FROM: Phil Carlson, AICP,Dahlgren, Shardlow,and Uban,Inc. RE: Southbridge First Addition,Preliminary Plat INTRODUCTION We have reviewed the most recent information and comments from Shakopee City staff relative to the above project and would like to offer additional comments on behalf of the applicants. We understand that the Southbridge project is large and complex,but we believe that the many documents prepared for the project,months of review and discussion by the City, as well as numerous public hearings and private meetings have generated sufficient information and level of comfort to merit positive action by the Planning Commission and City Council on the plat at this time. We appreciate again your continued assistance with review of the project, and offer the following comments on issues to assist in their decisions. Developer's Agreements The applicants will, of course, enter into a standard developer's agreement for the various costs and items that need to be covered,but we re concerned about an additional letter of credit for $300,000 that has been suggested in a separate agreement. There are numerous other safeguards that the City has, including a letter of credit for the collector street project and the ability to stop the project at any of several points if the developers are not current with their fees and payments to the City. We believe that tying up the addition money is unnecessary and would request that this issue be deleted from the agreement. Watermain Looping The City staff and SPDC have suggested that no more than 100 homes be allowed to be served off the initial watermain connection until additional looping is complete. We would like this number to be the trigger for deciding how the watennain is to be looped rather than the stopping point. The issue is complicated by the fact that future commercial development is planned for the property east of Southbridge which would provide the second looping connection anyway. That development is being carried by a different development entity and is not the same as the 02/18/98 17:28 $612 337 5601 DSU, INC. Z003/005 Michael Leek City of Shakopee February 18, 1998 2 applicants for Southbridge. Some of the same people are involved,but it is legally and technically a different proposer. In any other situation the City would not require a third party to provide water looping for a private project. Southbridge does provide internal looping off its connection to the City's watermain under Highway,the question is when and where the second connection will be. If the commercial development is under way by the time 100 homes are built,which we expect to be the case,this issue will be moot because the looping will be accomplished at the expense of the commercial developers at some point east of Southbridge. If the commercial development is delayed for some reason,then the City and SPUC will need to make sure that looping will be provided,which might be to a point west from the west side of Dean's Lake. This connection is feasible,but very expensive (probably $120,000) and would become almost immediately obsolete when the commercial development happens to the east. We want to avoid that vary costly error in timing. We would request that when 100 homes are served by the first watermain,then the City and SPUC would advise as to which plan would be implemented. If the commercial development is imminent,we will save ourselves and the City considerable money by putting in the east connection by the time 200 homes are built. If that can't be accompli clied, then we would reluctantly agree to the western connection. DNR Comments - 100' Lot Width DNR has noted that some of the lots in Southbridge within the Shoreland District are 100' wide as opposed to the 125' lot width required in the new Shoreland regulations. The 100' lot width was allowed under the Shoreland District regulations in place when the PUD was applied for and approved,that approval specifically referenced the table of lot sizes and setbacks,which included the 100'-wide lots now being discussed. We request that the PUD approval be honored and that the conditions of plat approval not change this. Minnegasco - Encroachment in Easement Minnegasco has noted concern over possible encroachment in their easement in the Centex parcel. Minnegasco has agreed to a modification to their easement and the plat documents have been prepared to avoid any encroachment in that easement. We would accept a condition of approval that clearly notes this. Approval of Lot Variances We requested at the last Board of Adjustments and Appeals meeting consideration of setback variances for two lots in Southbridge, Lots 14 and 15,Block 17. In noting the condition of approval related to variances we want to be clear which lots we are referring to. At the BOAA meeting the applicants noted that the requested variances were reduced by 10'by narrowing the building pad on the two lots. The BOAA appeared to have reached a consensus that these variances would be approved with a condition that additional undisturbed buffer area adjacent to the wetland be provided on the two lots. Approval of Plans Subject to City and SPDC Specifications A number of elements in the plan were to be approved subject to approval by the City and SPUC and their standards and specifications. While we will certainly agree to most of these typical standards,there were specific items approved in the PUD which were not typical and which we would want acknowledged as approved. These items include the design of the street lighting 02/18/98 17:29 1T612 337 5601 DSU. INC. a004/005 Michael Leek City of Shakopee February 18, 1998 3 system and the width of roads and rights-of-way. We would accept these conditions of approval with the additional acknowledgment of items that were approved in the PUD. Fees and Charges Reference is made in City staff memos to payment of trunk storm water charges, security for the public(letters of credit), engineering review fees,and other fees according to the City's fee schedule. While all of these fees will be paid at the appropriate time,we want the City to be aware of the sensitivity of the timing of some of these charges. In the sale of parcels of land in this project,certain fees are expected to be taken care of by the seller before the land is sold, and certain others taken care of by the buyer afterwards. We do not want all of the charges to be noted as a requirement of preliminary offinal plat approval,but rather can be made before the plat is recorded Landfill The City Engineer mentions the capped landfill on site. This is within an area to be dedicated to the City for park land. We want to reiterate that the site was capped by Scott County and has received their blessing. There are no anticipated"cleanup costs"since the cleanup has already taken place and the landfill is closed and capped. Furthermore,the landfill never contained any hazardous materials,but rather construction debris and glass and poses none of the concerns often associated with closed landfill sites. The current owners will always be in the chain of title and should there be problems,they will be responsible as they have been up to this point. Noise Mitigation Questions were also raised about possible mitigation of noise problems associated with future County Road 21. That roadway is not in place,and has not been designed in detail and so no detailed has been done or could be done at this time: The developers have added an extra 50' swath adjacent to future County Road 21 on the south edge of the project anyway. We believe there are no requirements for us to address noise issues with County Road 21 at this time. Grading Plans/Housing Elevations The City Engineer notes the need to maintain future building floor elevations and openings at or above the appropriate grade. We agree to abide by City policy in this regard, but this is an issue that will be addressed with final grading and building plans for individual homes. Landscaped Medians & Islands There are several landscaped islands in the project,plus the median in the main collector roadway. We understand that it is the responsibility of the homeowners association to maintain these areas,regardless of size. They are an important part of the design of the project and were approved in the PUD concept. We request that these islands and medians remain in the plan. 90° Street intersections One area of the project was noted as having street intersections less than the 90° required by City Code. Our engineers are reviewing this to determine if the intersections can function safely as drawn or if they can be revised to meet the 90° standard. 02/18/98 17:29 2612 337 5601 DSU. INC. fa005/005 Michael Leek City of Shakopee February 18, 1998 4 Suggested Conditions of Approval Based on the above comments,we would suggest the following conditions of approval for the Preliminary Plat of Southbridge First Addition: 1)The applicants will enter into a developer's agreement with the City to cover the details of approval. 2)The developers agree that at the time building permits have been issued for 100 homes in the plat, SPUC will advise the developers on the manner and design of a second loop connection to the City watermain. That loop connection must be in place and operational by the time 200 building permits have been issued. 3)The Minnegasco easement in the vicinity of Hartley Boulevard North will be not be encroached upon as approved by Minnegasco. 4)Variances for Lots 14 and 15,Block 17 will be approved by the BOAA or the plat will be revised to conform to applicable City Code standards. 5)The following must be completed prior to recording the final plat: a) Approval of title by the City Attorney. b) Execution of a developer's agreement for construction of required public improvements. c) Street lighting to be installed in accordance with the requirements of the Shakopee Public Utilities Commission and as approved in the PUD approval and agreements with SPUC. d) Electrical system to installed in accordance with the requirements of the Shakopee Public Utilities Commission. e) Water system to be installed in accordance with the requirements of the Shakopee Public Utilities Commission. f) Installation of sanitary sewer and storm sewer systems,and construction of streets in accordance with the requirements of the Shakopee Public Utilities Commission,and as approved in the PUD approval. g) Street signs shall be constructed and installed by the City of Shakopee at a cost to the developer of$270 per sign pole. h) The developer or buyer of the land shall be responsible for payment of Trunk Storm Water Charges, security for the public, engineering review fees, and other fees required by the City's 1998 Fee Schedule. i) The City Engineer and SPUC must approve the Final Construction Plans and Specifications. j) The developer shall provide easements as required by Code. k) All areas indicated as park land on the entire plat will be conveyed to the City by appropriate instrument as part of the first phase of the plat. 1) The homeowners association will be responsible for the maintenance of all islands and medians within the public streets in the project. \L/ . CITY OF SHAKOPEE Memorandum TO: Shakopee Planning Commission FROM: R. Michael Leek, Community Development Director SUBJECT: Preliminary Plat of Southbridge First Addition MEETING DATE: March 5, 1998 • Introduction: At its February 19th meeting the Commission provided staff with direction regarding revisions to the draft conditions of approval. These revisions have been incorporated into the draft conditions of approval. The Commission then continued the public hearing on this request to March 5t. Since that meeting, city staff met with Al Frechette (Scott County Environmental Health), Patrick Lynch(MnDNR), Jon Albinson(Valley Green Business Park) and Steve Carlson (STS consultants)to discuss several concerns raised by Scott County and the MnDNR. These concerns included: • The requested variances, • The location of the Shoreland District and its impact on lot area requirements, • The future potential for flooding of houses posed by the possible cessation of pumping by CAMAS/Shiely Mr. Benetti's memorandum addresses the first concern listed above. The conclusion reached regarding the second concern was that the City would submit to DNR a formal request for flexibility in drawing the Shoreland District boundary for Dean Lake. This memorandum contains proposed findings relative to the third concern. The Commission should discuss whether it is in agreement with, or finds the proposed findings to be persuasive regarding the concern about future surface water/ground water elevations raised by Scott County. Such findings will need to be included in a future resolution of approval by the City Council. Finally, Assistant City Engineer Rutherford has prepared revised comments. These comments accompany this report, and the recommended conditions have been included in the draft conditions of approval. Proposed Findings: Staff proposes the following findings for the Commission's and Council's consideration in connection with the concern raised by Scott County about the impact of CAMAS/Shiely's cessation of pumping on groundwater levels in the proposed project. 1. The ordinary high water level (OHWL) for Dean Lake is 747.0. 2. The 100-year flood elevation for Dean Lake is 749.0. 3. Previous studies and modeling conducted by the Minnesota Department of Natural Resources (MnDNR) have concluded that there is no, or only a very marginal connection between the water level in underlying aquifers, pumping by CAMAS/Shiely, and the elevation of Dean Lake. 4. STS Consultants LTD. and Peters,Price and Samson Land Surveyors, on behalf of the developer(s), performed and reviewed several soil borings in the project area along the route of the proposed collector street. The purpose of these borings was to determine, if possible, historic surface water elevations. Evidence of soil mottling was specifically examined. The upper elevation of soil mottling found in any of the pits was 748.5. 5. The lowest floor elevation proposed for any structure in the proposed project is 750.0 6. Based on the information available regarding the current and possible surface water elevations in the project area, as well as the project design, it doesn't appear that the cessation of pumping by CAMAS/Shiely would result in flooding of homes proposed to be constructed in the project area. Alternatives: 1. Recommend to the City Council the approval of the request for approval of the Preliminary Plat of Southbridge First Addition, subject to the following conditions: a) The conditions imposed as part of the East Dean Lake PUD approval. b) The developers enter into separate agreements regarding 1)the payment of administrative costs related to the design of Southbridge Parkway, and 2) guaranteeing the special assessments. c) The developers enter into an agreement with SPUC prior to final plat approval limiting the number of lots/houses that can be served by the proposed water services without additional looping having been completed. d) The grading plans for this project will conform to the City's policy on Minimum Building Opening Elevations. e) The Minnegasco easement in the vicinity of Hartley Boulevard North will not be encroached upon except as approved by Minnesgasco. f) The following will occur before review of the preliminary plat by the City Council: i) Approval of the requested lot variances for Lots 14 and 15, Block 17, or revision of the plat to conform to applicable standards in the event that the variances are not approved. ii) Prior to review of the preliminary plat by the City Council, approvals required under the Wetland Conservation Act must be completed. g) As part of any application for final plat approval,the following must be submitted: i) Revised drawings showing intersections at 90 degrees; ii) Revised drawings deleting landscape islands in standard cul de sacs (i.e., those with a right-of-way radius of 60 feet); iii) The developer(s) shall comply with applicable state law, regulations or standards as they relate to compliance with sound mitigation(County Road 21)for existing and future streets and highways. h) The following procedural actions must be completed prior to the recording of the final plat or plats: i) Approval of title by the City Attorney. ii) Execution of a Developers Agreement for construction of required public improvements: iii) Street lighting to be installed in accordance with the requirements of the Shakopee Public Utilities Commission(SPUC) except as modified by the East Dean Lake PUD approval or by specific agreement with SPUC. iv) Electrical system to be installed in accordance with the requirements of the Shakopee Public Utilities Commission. v) Water system to be installed in accordance with the requirements of the Shakopee Public Utilities Commission. vi) Installation of sanitary sewer and storm sewer systems, and construction of streets in accordance with the requirements of the Design Criteria and Standard Specifications of the City of Shakopee except as modified by the East Dean Lake PUD approval. vii) Street signs shall be constructed and installed by the City of Shakopee at a cost to the developer of$270.00 per sign pole. viii) The developer shall be responsible for payment of Trunk Storm Water Charges; security for the public, engineering review fees, and other fees as required by the City's adopted Fee Schedule. ix) The City Engineer and Utilities Manager for SPUC must approve the Final Construction Plans and Specifications. x) The developer shall provide easements as required by City Code including any access easements to ponding areas, which may be required. xi) The homeowners association(s)will be responsible for the maintenance of all islands and medians within the public streets in the project, as well as the cost of removal of landscaped islands and medians in the event the City is petitioned for their removal. 2. Revise the conditions recommended by staff and recommend approval of the Preliminary Plat for Southbridge First Addition, to the City Council, subject to the revised conditions. 3. Recommend to the City Council the denial of the request for approval of the Preliminary Plat for Southbridge First Addition. 4. Table a decision in order to allow time for the applicant and/or staff to submit additional information or make any necessary revisions, and to allow decision on the requested variances. Staff Recommendation: Staff recommends Alternative No. 1. Action Requested: A motion recommending approval of the final plat of Southbridge 1s` Addition subject to conditions. R. Michael Leek Community Development Director i:\commdev\boaa-pc\1998\mar5\ppsobrg5 RECEOVaD City of Shakopee rad 4 1998 Memorandum • TO: Michael Leek, Community Development Director FROM: Joel Rutherford, Assistant City Engineer Ay SUBJECT: Southbridge (East Dean Lake)Preliminary Plat Application DATE: February 23, 1998 This memo is a revision of my memo dated February 13, 1998. I have made changes based on comments made at the last Planning Commission meeting. After review of the preliminary plat application submittals, the engineering department has the following comments and recommendation: Streets The street widths must be in accordance with the approval of the PUD. Landscaped medians and islands are being proposed in public right-of-way areas. Staff believes the islands located in a standard cul-de-sac (right-of-way radius of 60 feet) would be a future maintenance issue for the City. Staff believes because they are so small, they would not provide enough benefit to the neighborhoods to justify proper maintenance by the residents or association. Previous developments that have had similar islands were eventually removed (by petition from the residents)because of the lack of maintenance. The developer has agreed to require the association to pay the removal and restoration costs for any medians removed in the future. Streets must intersect each other at 90 degree angles. Falmouth Curve at Hartley Boulevard North must be revised, along with others that also do not meet the design criteria. Easements All easements for the Final Plat must be in conformance with the City Code. Drainage and utility easements must be provided around ponding areas, to the 100-year elevation. Access easements to these ponding areas must be dedicated to the City for future maintenance. Grading Plan The City's policy regarding low floor and lowest opening for structures has been revised to address the issue of the pumping at Shiely. Besides ground water and pond elevations, the policy also looks at the soils to estimate historical ground water elevations. This new policy shall be used to determine the lowest floor elevation allowed, and the lowest opening (window, door) allowed. Upon review of the development, and after discussions with the developer, staff believes complying with this requirement will not affect the plat, but may affect the style of home that can go on a particular lot. This information will be reviewed by staff when the Final Grading plan is submitted for review. Wetlands The developers have submitted a mitigation plan for proposed wetland impacts. This plan is currently out for review by other agencies. The comment period for these agencies expired on February 23, 1998 (no comments were received). A technical evaluation panel (TEP) will be meeting to review the proposed replacement (as required by the Wetland Conservation Act). Prior to review of the preliminary plat by the City Council, all approvals required by the Wetland Conservation Act must be obtained. At this time, staff believes the replacement plan will be approved. Miscellaneous Prior to review by the City Council, the developer must submit information which demonstrates that the development meets the current standards for sound mitigation, including provisions for the proposed County Road 21. This information may include design features which will be incorporated into the final construction drawings, along with an analysis from a sound engineer that shows these features will mitigate the sound to the levels required by state law. Or, this information may include the developer's interpretation of the law which indicates they are not responsible for sound mitigation for the existing or future roadways. If this option is used, the City Attorney will need to evaluate the developer's interpretation. Because this plat abuts both County and MnDOT right-of-way, the developer may be required to make changes based on comments from those agencies, and they may need to obtain permits from those agencies. Recommendation Recommend approval of the preliminary plat for the proposed plat, subject to the following conditions: A) Those conditions which were part of the PUD approval; B) Prior to review by the City Council of the Preliminary Plat, the approvals required by the Wetland Conservation Act must be completed. C) As part of the application for Final Plat, the applicant must submit the following: 1) Information regarding compliance with sound mitigation requirements for both existing and future (County Road 21) streets and highways; 2) Revised drawings showing intersections at 90 degrees; D) Prior to recording of the Final Plat,the following actions must be completed: 1) Execution of the Developers Agreement,which shall include provisions for payment of the Trunk Storm Water Charges, Trunk Sanitary Sewer Charges, engineering review fees, and other fees as required by the City's adopted Fee Schedule; 2) The Final Construction Plans and Specifications must be approved by the City Engineer; and 3) The developer shall provide easements, as required by City Code, including access easements to the ponding areas.. 02/05/98 15:52 FAX 612 559 4507 STS MINNESOTA X1001/001 February 5, 1998 Mr.Jon Albinson Valley Green Business Park 5240 Valley Industrial Boulevard S. Shakopee,MN 55379 STS Project 95394-P Re: Al Frechette Memo to Michael Leek,January 21, 1998 Dear Mr. Albinson: You have asked that STS Consultants, Ltd. (STS) review the January 21, 1998 memorandum from Allan Frecherte, Environmental Health Manager for Scott County, sent to Mr. Michael Leek, Planning Director for the City of Shakopee. In the memorandum, Mr. Frechette expressed concerns related to the proposed Southbridge residential Planned Unit Development(PUD). STS reviewed the memorandum and readily-available information to address Mr. Frecherte's concerns. The concerns expressed by Mr. Frechette include construction of storm water ponding near an abandoned dump on the Southbridge property, and potential for surface water levels to rise approximately 5 feet upon termination of dewatering by the Shiely/Camas Quarry to the north. This memorandum addresses Mr. Frechette's concerns in the order presented. Ponding Near Dumps Mr. Frechette reiterated comments he made during Environmental Assessment Worksheet (EAW) review for the project concerning storm water ponds near abandoned dumps. A civil engineering designer for the project, WSB and Associates Inc., responded to this concern in memos to the planner, DSU Inc., on August 22 and 27, 1997. It is our understanding that DSU in turn provided a memo to Michael Leek concerning WSB's response. WSB indicated that any storm water pond located adjacent to the abandoned dump would be lined with clay or an impermeable membrane to prevent mounding of groundwater near or adjacent to the fill materials that could potentially impact the groundwater quality. *T$Consultants Ltd. Consulting Engineers 2650 Annapolis Lane Suite 120 Minneapolis.Minnesota 55447 612.659.1900/Fax 612.559.4507 1 • 02/05/98 15:24 FAX 612 559 4507 STS MINNESOTA 1x1002/006 Valley Green Business Park • STS Project 95394-P February 5, 1998 Eh? Page 2 Risinif Surface Water The EAW dated April 18, 1997 was prepared for consideration of a proposed quarry expansion by Shiely/Camas. Figures 2 through 5 in the EAW predict the impact of the proposed activity on the Prairie du Chien and Jordan bedrock aquifers in conjunction with the proposed expansion. The connection between these bedrock aquifers and the local surface water bodies has not been established. The figures indicate that the project proposed by Shiely would include dewatering of a new western quarry and filling of the existing eastern quarry with the water removed for dewatering. The contours indicate a mounding of groundwater up to 10 feet above normal conditions in the Prairie du Chien aquifer at the Southbridge property, which would raise the elevation of groundwater to approximately 742 feet Mean Sea Level (MSL). The contours shown on these figures predict increased groundwater elevations if the proposed Shiely expansion occurred. STS understands that the proposed quarry expansion was not approved, and therefore the projections included in the EAW do not apply. STS performed soil borings along the collector street proposed for the Southbridge PUD. STS reviewed the soil boring logs for soil borings that identify the depth to mottles. Peters, Price, and Samson Land Surveyors surveyed the boring locations to determine ground surface elevation. The following table summarizes the results of soil boring log review with regards to the elevation of the first mottles encountered: Soil Boring Ground Surface Depth to Soil Upper Elevation Location Elevation Mottling of Mottling B-1 753.7 7.5 746.2 B-4 755.0 10.0 745.0 B-5 751.0 7.5 743.5 B-6 752.0 15.0 737.0 B-8 753.5 5.0 748.5 B-9 75I.1 5.0 746.1 B-17 755.3 15.0 740.3 B-18 750.1 5.0 745.1 Soil mottling is an indicator of historic soil saturation. Mottling in soil can persist even after hydrologic changes have lowered the groundwater for a considerable length of time. Soil mottling in the soil borings reviewed suggest that the elevation of historic soil saturation ranged from 740.3 to 748.5, depending on location. Soil saturation may extend above the groundwater elevation due to capillary effect. Groundwater elevation may not be a direct indicator of historic 2 - 02/05/98 15:24 FAX 612 559 4507 STS MINNESOTA 003/006 Valley Green Business Park STS Project 95394-P February 5, 1998 Page 3 ICS surface water elevations. However we note that the ordinary high water level (OHWL) established for Dean Lake is 747.0, with the 100-year flood elevation determined to be 749.0. Design for the housing development was based on a minimum one foot separation between the lowest basement floor and the 100-year flood elevation. Based on the soil boring information presented above, the design elevation is greater than one foot above the elevation of historic soil saturation indicated by soil mottling. The time period associated with the groundwater conditions indicated by soil mottling is not known,but soil mottles can persist after groundwater levels have declined due to natural or human-induced changes. Site improvements have occurred in the time since Shiely began dewatering. The Prior Lake interceptor, a sanitary sewer trunk line, was constructed through the property approximately 25 feet below surface. Construction of the new Highway 169 corridor bounding the property's northern extent required blasting of bedrock near the property. Other improvements in the vicinity include natural gas and water pipelines, and installation of a high-capacity box culvert (Dean Lake outlet) extending beneath Highway 165. The improvements referred to above have the potential to affect surface water and/or groundwater elevations on a local basis. The elevation of surface water in Dean Lake is largely controlled by the configuration of the Dean Lake outlet structures, including an existing box culvert and waterway leading to the Minnesota River. Proposed enhancements to the Dean Lake outlet would include a weir constructed of sheet piling to maintain the ordinary high water (OHW) elevation in the Dean Lake basin. It is anticipated that if flow to the Dean Lake basin occurred, greater outflow through the outlet structure would result, maintaining the level of Dean Lake within design parameters. It is our understanding that the sheet pile control weir design was based on the OHW (747.0) and 100-year flood elevation (749.0) determined for this basin by the Minnesota Department of Natural Resources. Conclusions The proposed project design considered comments presented by Mr. Frechette during EAW review. The project design included suggestions made by Mr. Frechette. A 5 foot rise in surface water elevation upon abandonment of quarry dewatering by Shiely/ Camas does not appear likely, based on the presence of control structures and other site improvements that would reduce the effect of increased inflow to the surface water basins. Information from soil borings suggests that historic groundwater levels generally correspond to an elevation below the 100-year flood elevation for Dean Lake. 3 02/05/98 15:25 FAX 612 559 4507 STS MINNESOTA 0004/006 Valley Green Business Park STS Project 95394-P February 5, 1998 0:41 Page 4 The Minnesota Department of Natural Resources established the ordinary high water level and 100-year flood elevation for the Dean Lake basin. Based on the information presented above,the OHW and 100-year flood elevations for Dean Lake will be maintained by engineered control structures. Thank you for your consideration in this matter. If you have questions concerning the project, please contact Steve Carlson of STS at 612/559-1900. Respectfully, STS CONSULTANTS, LTD. Steven J. Carlson Project Scientist Robert L. DeGroot, CPG PE Principal Engineer SJC/dn Encs.: Soil Boring Location Map C694P006.DOC 4 5`1 I11\1rI/ SC „y ` `;4, ' .7 _ -:m. �=,. ; 5240 Valley Industrial boulevard South 2 6 1998 FEB. 77V Shakopee, MN 55379 Lam L2 �,. v.. v el.: .(612) 445-9286 x 1 Fax: (612) 904-6875 '-,.', SOTTEIBRD `I , 1 e-mail:jalbinsor1 valleygreen.com W . . : .. r._. ;.,:.y : -_ Z—,,t rg4+ -'a 2_5, 1995 • Chairperson Romanski Shakopee Planning Commission 129 South Holmes Street Shakopee, MN 55379 ''e: Final ,'la. -Fr,r. fr..'-.. ;:,,,.,= -. - !Tear C.hairperson R.. ,<. .si... S he eining ( ;) .1 1:S O ., . is _ ,� r.. y ,. . ,:?!3:;:pier,~ in the ar::: _ _ - , "(. .7-::._ - _ -e,c, Far'�nersi, p art • •;a (.',.---...fr •- -- .. . - -- , ._ , -,. .. ,;nrie.rt tOr tri 5 ?,-oje:. in -rt: -'. 1,:,": !' e. _ ; - _ that the processing of the Frei.rrinary Plat. , . ..rr,one meeting of tier ngj :0r i_;_ L. . (,- :'o e. with an assumed .:ors.• Ga__ 0 ,, ' :r'..7S :."G e '�ecc.S S _ Yi: :e_. C .-e t _ flnllnary Plat was tb Se the te Fiannina �0 . . fission r'e_e+ng rep'. ..) Cr3,:7(i . 0'iai ir ... Our ability to implement this deve,loprnent in 1998 is quickly slipping away fr-rn Us. .t.5 our hope to ?r15r;_::c t;o" of homes in the fail of 1995 in the Southbridge development. To do so,we as'<your consideration and ac.;cmmcdation Of a review of the Final Plat of Southbridge First Addition on March 19. Staff has informed us that the Planning Commission has scheduled a work session that evening, and because of that, it may not be inappropriate to add an action item to the evening's agenda. We would appreciate your formal consideration of our request at yrur March 5 meeting. Your assistance in helping bring the Southbridge development to the market in 1995 would be greatly appreciated. tfully, ALLE GREE •$USINE55 PARK on R.Albinson • Re Project Director JRA:jmc cc: Oon Brown L.The Minneapolis Foundation . Steve Soltau -Shakopee Crossings Michael Leek-City of Shakopee; C�..va Prgecc.l5oucnbrkye PL.urn hcrcoo u a.,..r..,Roc., r.poem meaty for f i nae.p., . I/. E • CITY OF SHAKOPEE Memorandum I TO: Mayor and City Council Mark McNeill, City Administrator FROM: R. Michael Leek, Community Development Director SUBJECT: Preliminary/Final Plat of Canterbury Park 5th Addition MEETING DATE: March 17, 1998 DISCUSSION: Valley Green Business Park is seeking preliminary and final plat approval of Canterbury Park 5th Addition,which includes the site for the proposed Seagate facility. The Planning Commission on March 5, 1998 reviewed the proposed plats. A copy of the Planning Commission report is attached for the Council's information. After preparation of the report comment was received from the Scott County Highway Department. A copy of that comment, as well as the City's responses are attached as well. These letters raise the issue of the closure of Secretariat Drive and the responsibility for payment of the costs for modifications to CSAH 83. The City Council is asked to discuss and give staff direction on these issues. ALTERNATIVES: 1. Approve the Preliminary and Final Plat of Canterbury Park 5th Addition subject to conditions. 2. Approve the Preliminary and Final Plat of Canterbury Park 5th Addition subject to the revised conditions. 3. Do not approve the Preliminary and Final Plat of Canterbury Park 5th Addition. 4. Table action on this item and request additional inforrnatiwa. PLANNING COMIVIISSION RECOMMENDATION; The Planning Commission recommended the approval with the conditions listed in attached Resolution No. 4784. ACTION REQUESTED: Offer and approve Resolution No. 4784 approving the preliminary and final plat of Canterbury Park 5th Addition with conditions. 47/1. R.Michael Leek Page 1 03/12/98PFPcant5 RESOLUTION NO.4874 A RESOLUTION OF THE CITY OF SHAKOPEE,NIINNESOTA,APPROVING THE PRELIMINARY AND FINAL PLATS OF CANTERBURY PARK 5TH ADDITION WHEREAS,Valley Green Business Park,the applicant, has applied for Preliminary and Final Plat approval for property located north of STH 169 and west of CSAH 83; and WHEREAS,the property for which the request is being made is legally described on Exhibit A, attached hereto; and WHEREAS,the Planning Commission of the City of Shakopee did review the Preliminary Plat of Canterbury Park 5th Addition and the Final Plat of Canterbury Park 5th Addition on March 5, 1998, and has recommended its approval; and WHEREAS,all notices of the public hearing for the Preliminary Plat were duly sent and posted and all persons appearing at the hearing have been given an opportunity to be heard thereon. NOW,THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF 173E CITY OF SHAKOPEE,MINNESOTA, as follows: That the Preliminary Plat of Canterbury Park 5th Addition and the Final Plat of Canterbury Park 5th Addition is hereby approved subject to the following conditions: a) The following procedural actions must be completed prior to the recording of the Final Plat: i) Approval of the title commitment by the City Attorney. ii) Execution of a Developers Agreement for construction of required public improvements: a) Street lighting to be installed in accordance with the requirements of the Shakopee Public Utilities Commission. RES4874 -1- b) Electrical system to be installed in accordance with the requirements of the Shakopee Public Utilities Commission. c) Water system to be installed in accordance with the requirements of the Shakopee Public Utilities Commission. d) Installation of sanitary sewer and storm sewer systems, and construction of streets in accordance with the requirements of the Design Criteria and Standard Specifications of the City of Shakopee. e) Street signs shall be constructed and installed by the City of Shakopee at a cost to the developer of$270.00 per sign pole. f) The developer will be responsible for construction of the trail within the plat and shall be responsible for payment of one-half the cost of the trail along 12th Avenue. • g) The developer shall be responsible for payment of Trunk Storm Water Charges, security for the public, engineering review fees, and other fees as required by the City's Fee Schedule, except as otherwise amended by the development agreement for the Seagate project. h) Park dedication for Lot 2, Block 2, CANTERBURY 5Th (Seagate development)will be calculated at the rate of $4500.00/acre and will be deferred to the time of building permit issuance. Park dedication will be at the rate approved by the City at the time of building permit application less previous dedication paid for the following lots: (1) Lot 1,Block 1, (2) Lot 1, Block 2, (3) Lot 1,Block 3. iii) The City Engineer and SPUC Utilities Manager must approve the Final Construction Plans and Specifications. iv) The developer shall provide easements, as required by City Code, and as approved by the City Engineer, including an easement for the bituminous trail . v) The conditions outlined in Canterbury Park 2nd Planned Unit Development approval resolution shall be adhered to. BE 1T FURTHER RESOLVED,that the Mayor and City Clerk are hereby authorized and directed to execute said Plat and Developer's Agreement. RES4874 -2- Adopted in session of the City Council of the City of Shakopee, Minnesota held the day of , 1998. Mayor of the City of Shakopee ATTEST: City Clerk PREPARED BY: City of Shakopee 129 South Holmes Street Shakopee,MN 55379 RES4874 -3- EXHIBIT A Legal Description Outlot D, CANTERBURY PARK 2ND ADDITION, according to the plat on file and of record in the Office of the Registrar of Titles, Scott County, Minnesota. AND Lot 1, Block 1, CANTERBURY PARK 2ND ADDITION, according to the plat on file and of record in the Office of the Registrar of Titles, Scott County, Minnesota. AND Lot 2, Block 1, CANTERBURY PARK 2ND ADDITION, according to the plat on file and of record in the Office of the Registrar of Titles, Scott County, Minnesota, EXCEPT that part shown as Parcel 74 on Minnesota Department of Transportation Right of Way Plat No. 70-9 on file and of record in the Office of the Registrar of Titles, Scott County, Minnesota. AND Outlots A, B and C, CANTERBURY PARK 2ND ADDITION, according to the plat on file and of record in the Office of the Registrar of Titles, Scott County, Minnesota. AND The East Half of the Southwest Quarter of Section 9, Township 115, Range 22, Scott County, Minnesota, lying north of Parcel 7 Minnesota Department of Transportation Right of Way Plat No. 70-11, according to the plat on file and of record in the Office of the Registrar of Titles, Scott County, Minnesota; EXCEPT the plat of CANTERBURY PARK FOURTH ADDITION, Scott County, Minnesotc AND That part of the Northeast Quarter of the Southeast Quarter of Section 8, Township 115, Range 22, Scott County, Minnesota, which lies northeasterly of the centerline of County State Aid Highway No. 16 AND Lot 1, Block 1, CANTERBURY PARK FOURTH ADDITION, according to the recorded plat thereof, Scott County, Minnesota AND Vacated Secretariat Drive as dedicated in the plat of CANTERBURY PARK 2ND ADDITION which lies westerly of the northerly extension of the east line of Lot 1, Block 1, CANTERBURY PARK FOURTH ADDITION, according to the recorded plats there of Scott County, Minnesota RES4874 -4- T . CITY OF SHAKOPEE Memorandum TO: Shakopee Planning Commission FROM: R. Michael Leek, Community Development Director SUBJECT: Preliminary&Final Plat of CANTERBURY 5TH ADDITION MEETING DATE: March 5, 1998 Site Information: Applicant& Owner: Valley Green Business Park,Limited Partnership Location: South of 12th Avenue,west of C.R. 83, and north of STH 169 and CSAH 16(See Exhibit A) Current Zoning: Planned Unit Development(PUD);underlying zoning was Major Recreation(MR) Adjacent Zoning: North: Major Recreation(MR)/PUD South: Agricultural Preservation(AG),Medium Density Residential(R-2), STH 169 East: Highway Commercial(B-1) West: Major Recreation(MR)/PUD Comprehensive Plan:Commercial Area: 52.71 Acres MUSA: The site is within the MUSA boundary. Exhibits: A(Project Location),B (Preliminary Plat),C(Final Plat) Introduction: Valley Green is seeking preliminary and final plat approval of CANTERBURY 5th ADDITION. The request is essentially a re-plat of property in CANTERBURY PARK 2ND ADDITION and CANTERBURY PARK FOURTH ADDITION. The plat request is occasioned by the proposed Seagate project. Considerations: 1. Park dedication for Lot 2, Block 2, CANTERBURY 5TH(Seagate development)will be calculated at the rate of$4500.00/acre and will be deferred to the time of building permit issuance. Park dedication will be at the rate approved by the City at the time of building permit application less previous dedication paid for the following lots: • Lot 1, Block 1, • Lot 1, Block 2, • Lot 1, Block 3. 2. The Engineering Department has made specific comments. These accompany this report. The developer has applied for the wetland certificate of exemption. 3. The applicant has submitted a"Commitment for Title Insurance" for review by the City Attorney. 4. The subject properties are currently the subject of Developers Agreements for CANTERBURY PARK 2ND ADDITION AND CANTERBURY PARK FOURTH ADDITION. The applicant has requested that the Developers Agreement for CANTERBURY 5TH ADDITION, incorporate the requirements from those agreements, and that the previous agreements be released as they relate to these properties. Alternatives: 1. Recommend to the City Council the approval of the request for Preliminary/Final Plat approval of CANTERBURY 5TH ADDITION, subject to conditions recommended below; 2. Recommend to the City Council the denial of the request for approval of the Preliminary/Final Plat of CANTERBURY 5TH ADDITION. 3. Continue the request and public hearing to the meeting of April 9th in order to allow the applicant to submit additional information or make any necessary revisions. Staff Recommendation: 1. Staff recommends Alternative No. 1, approval with the following conditions: a) The following procedural actions must be completed prior to the recording of the Final Plat: i) Approval of the title commitment by the City Attorney. ii) Execution of a Developers Agreement for construction of required public improvements: a) Street lighting to be installed in accordance with the requirements of the Shakopee Public Utilities Commission. b) Electrical system to be installed in accordance with the requirements of the Shakopee Public Utilities Commission. 2 • c) Water system to be installed in accordance with the requirements of the Shakopee Public Utilities Commission. d) Installation of sanitary sewer and storm sewer systems, and construction of streets in accordance with the requirements of the Design Criteria and Standard Specifications of the City of Shakopee. e) Street signs shall be constructed and installed by the City of Shakopee at a cost to the developer of$270.00 per sign pole. f) The developer shall be responsible for payment of Trunk Storm Water Charges, security for the public, engineering review fees, and other fees as required by the City's Fee Schedule, except as otherwise amended by the development agreement for the Seagate project. g) Park dedication for Lot 2, Block 2, CANTERBURY 5TH (Seagate development)will be calculated at the rate of $4500.00/acre and will be deferred to the time of building permit issuance. Park dedication will be at the rate approved by the City at the time of building permit application less previous dedication paid for the following lots: (1) Lot 1,Block 1, (2) Lot 1, Block 2, (3) Lot 1, Block 3. iii) The City Engineer and SPUC Utilities Manager must approve the Final Construction Plans and Specifications. iv) The developer shall provide easements, as required by City Code. v) The conditions outlined in Canterbury Park 2°d Planned Unit Development approval resolution shall be adhered to. Action Requested: A motion recommending approval with conditions. R.Michael Leek Community Development Director i:\comnidev\boaa-01998\mars\PFPcANT5\mil 3 Riiwi Is 11:7;�a Ariiill 1 ...,,,,, t .0 ,,:l.....,.. • . .., .. , _ , . .---- - ,. p...„. -.•7", .-,i,.:'*2;n-••• — ` +'r. t y . . • • .,...-.,-.,- ; N, L .. ✓iEDlwr NVC - :���e 4 " - i ,r :`t `...„....: 71. 1.?:„.... .. . . . . .. .. ..„. .iitit„..41 , . ;1;4 Inri .... --..... Bra .. - - ' 114,4• ,.... •• I utiluilins ism I I - -- -- .--, ‘:,ote4,40Avs•••••4*. 1. 11REILI II.1 Eiji f 1 i'-`--t i t 1 k .' =_,--4,‘ . i - --.. ._;vb..046,.4*.4 p4*****„.4 it.... 4 ow! . . II . tiTh,. (,----t7-- (."( 4''l_awarb—,,-"Fii " •. ' iim\-11;\:-)- 7:: '-'- t - .Jr _____mi - .., ,,,, g. t t y ,!--- ii. r__ . , . ... ...._ 11. ._.=_,-- ,r_ _ .,,,,. L _fiii .., _ 7 Rtz..t - e-tel 4. , :r.. ,,,,,,,,..,, ,: 1-j, 4. 3 4__)‘j *' 11 lir M . I 1 . I f AG ���I 00.011111111d 'ft ' 1 .."1"111111111111111111111111111111111111115 I IIIMIll11111 t 1.1=111•111111M1 I prier Iiir4 414444 W 1 rel, art AG AG LEGEND Underlying Zones R - 4 r• 1 � AG I Agriculture RR Rural Residential you=vale ow . limm. R 1A Low Density Residential o n t ,,,,,,. R19 Urban Residential AG -` R 1 C Old Shakopee Residential i �,,,,C R2 Medium Density Residential R3 Multiple Family Residential • ' 81 RR 81 Highway Business I 92 Office Business 1111 RR - _____;;;/,‘,..4.54.....,,,,,,,, •,�E 183 Central Business i I1 I Light Industrial Aznitrt� • taxa � 12 1 Heavy Industrial _ .•4;' t LL- RR 1 MR I Major Recreation ' Overlay Zones 'r`� , –S–IShoreland • Row— •AG Floodplain District I I COAL 16 42 trDcvD , //A Mining Overlay . . # AGCl' RR RR ry 1 „ PUD Overlay `�� LAKEI-f16i A _ - — - A SCOTT COUNTY PUBLIC WORKS AND LANDS DIVISION HIGHWAY DEPARTMENT %2 1 600 COUNTRY TRAIL EAST JORDAN, MN 55352-9339 (612)496-8346 BRADLEY J. LARSON Fax: (612)496-8365 ASSOCIATE ADMINISTRATOR March 3, 1998 Mr. Michael Leek City Planning Department City of Shakopee 129 South Holmes Street Shakopee, MN 55379 Subject: Preliminary & Final Plat of CANTERBURY PARK 5th ADDITION in Shakopee CSAH 16/TH 169/ CSAH 83 Area Dear Mr. Leek: We have reviewed the preliminary plat, final plat, and construction plans of Canterbury Park 5th Addition as it relates to Highway Department issues and offer the following comments or concerns: Plat Issues • Access permits will need to be approved by the County prior to final plat approval. Dimensions to adjacent existing access locations should be included (center to center). • No direct access will be allowed onto the County Highways other than City streets. • Secretariat Drive should access CSAH 83 via 12th Avenue. However, we are willing to consider a right-in / right-out if the developer can provide engineering data to support the safety of this intersection location on CSAH 83 • The centerline needs to be shown on the plat and the highway easement dimensioned from the centerline for all County Highways. • The pending drainage easement issue on the property being handled by Don Fehr, County RAN Agent, and the developer needs to be resolved prior to final plat approval. • The easement being vacated on Lot 1, Block 2 needs to be vacated prior to final plat. The temporary access also needs to be removed and the area restored. Construction Plan Issues • Any grading or utility work required within the County right-of-way will require a permit prior to the work commencing. An Equal Opportunity/Safety Aware Employer Michael Leek Canterbury Park 5th Addition Page 2 • The developer will be responsible for the construction and cost of any revisions required to provide adequate safety on CSAH 83, as deemed necessary by the County, that result from this development. This may include items such as, but limited to, a right-turn lane for 12th Avenue and median closure at Secretariat Drive. • The centerline needs to be shown and labeled on the plans and the highway easement dimensioned from the centerline for all County Highways. • Provide drainage calculations for any drainage entering the County right-of-way prior to the final plat approval. This should include the existing and proposed conditions and a summary denoting any change. • No berming, landscaping, ponding, or signing will be allowed within the County right-of-way. • Noise levels will increase as traffic volumes increase on County Highways in the area. At any new development along CSAH 16 or CSAH 83, such as Canterbury Park 5th Addition, the responsibility for noise attenuation lies with the City and the developer. Thank you for the opportunity to comment. We will assume that your approval will adhere to the recommendations listed above unless we receive notification from you to the contrary. Please contact us if you have any questions or need additional information. Sincerely, Scott Merkley Transportation Manager Swtt c: Brad Larson -County Engineer Bruce Loney-City Engineer Mr. Jon Albinson -Valley Green Business Park sm:\adm\review\p lat.doc WILLA! Si-TAKOPE E March 10, 1998 Mr. Scott Merkley, Transportation Manager Scott County Highway Department 600 Country Trail East Jordan, MN 55352-9339 RE: Comments on Preliminary/Final Plat of CANTERBURY 5TH ADDITION, Shakopee, Minnesota Dear Scott: I am in receipt of your letter dated March 3, 1998 regarding the above-named application for plat approval. The Planning Commission meeting to review this request was held on Thursday, March 5th, and the agenda information was distributed on Friday, February 27t. Because your letter was received late, we were unable to incorporate it into the staff report and recommendations that went out with the packet. Copies of the letter were, however, made available to the Commissioners at the meeting, and the issues raised were discussed. In the future it would be very helpful if you would provide your comments at least one week prior to the scheduled meeting date so that we can incorporate County comments into the City's review. The following responses are made to the issues raised in your letter: Plat Issues • The developer will work with the County to obtain necessary access permits. Dimensions to existing access locations will be incorporated into the plat submittal by the developer. • The City and developer are aware that direct access will not be allowed to County Highways. • As Secretariat Drive is not within the proposed plat it is unclear whether the City can require closure of that road on behalf of the County. Such closure is probably not desirable from the perspective of Canterbury Inn,which takes its access off Secretariat Drive. • The developer will work with Mr. Fehr to resolve the drainage easement issue. • The City has vacated the easement on Lot 1,Block 2. COMMUNITY PRIDE SINCE 1857 129 Holmes Street South• Shakopee,Minnesota 35379-1351 • 612-445-3650 FAX 612-445-6718 Construction Issues • The developer is aware that a permit will be required for work in the County Right- of-way. • The City is unaware of a specific, adopted County policy regarding the payment of costs for improvements to County highways. As the items specifically mentioned appear to be primarily safety, and not access items, it is unclear that the developer is or should be responsible for revisions to CSAH 83. I believe Shakopee Public Works Director Bruce Loney has discussed similar issues with you in connection with other improvements to County Roads. The City requests further clarification from the County regarding its position on the payment of costs, as well as further discussion regarding these items. • Drawing submittals will be revised by the developer to show centerlines and easement dimensions. • The developer will provide drainage calculations. • The developer and the City are aware that berming, landscaping and signing are not allowed within County right-of-way. • The City and developer are aware of their responsibilities regarding noise mitigation. As you can see from the responses above, there are 2 issues (possible closing of Secretariat Drive and the payment of the cost of revisions to CSAH 83)which require further clarification. For that reason they cannot at present be included in staffs recommendation for this plat request. We look forward to receiving further clarification from you, and to discussion of these matters. Very truly yours, R. Michael Leek Community Development Director CC. Mark McNeill, City Administrator DD. Bruce Loney, Public Works Director EE. Brad Larson, County Engineer FF. Jon Albinson, Valley Green Business Park :5:11 'b" bl•'1 P o 7 I N '')adolvt 6LfSS N^I'OOdO]Is4S S83NNVld • SN83NI0N3 • 3WILOf1L1SVgiN1 -- ---1--__- - 1 o - .� S. llll..j ` . pliuolnONryulsnpul'So111A°VZS 001.1.1P9xri 'O'I oyaon'V -� ..__. -_.. _. 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''&.?•21, 11 I! st 1:4Ery 4 WI,., 4,.... _. • `r( r o▪ 8 / + I II 5g4 W a IA , F- 03 $e 861 F i 4i/ a =d EA•( fa Emil ,' , ' , /i' i J .:....1:::, Z e a r1 y' i i CSc./1, 4111 I 1 i .0 ... .J. , *%Illit.:/ , 0g....J ....1/ 1 "1") to 0 ..% 7. / r0 of 1 la G3.ASS.00 S / / 4,0 A , I .. p •t1 •• / / F - - - g ti M it U; E4 at • w44 F.La 14 X D y g SIm OZ--1 +-N.�� N° 0 I.c‘c pa 4 i - 1111; . z 1 i es hi 'Ilj .y, ig PI,,..i a w oli . • 0 ..1 •• O- U •w O t N 1 CITY OF SHAKOPEE Memorandum TO: Mayor& City Council Mark McNeill, City Administrator FROM: Bruce Loney, Public Works Director SUBJECT: Vierling Drive Improvements from County Road 15 to Fuller Street Project No. 1998-3 DATE: March 12, 1998 INTRODUCTION: Attached is Resolution No. 4866, a resolution receiving a report and calling a hearing on an improvement to Vierling Drive, from County Road 15 to Fuller Street. BACKGROUND: On February 17, 1998, Resolution No. 4834 was adopted by the City Council which ordered the preparation of a feasibility report for an improvement to Vierling Drive, from County Road 15 to Fuller Street. The attached resolution sets the date for the public hearing for this project for April 21, 1998. The approval of Resolution No. 4866, does not order the project nor does it commit the Council to constructing any improvements. The intent of this resolution is to accept the feasibility report and set the public hearing date. The public hearing will allow the property owners adjacent to the project area and the general public an opportunity to address the City Council on the project. This project was initiated by City Council based upon a petition request from the developer of Orchard Park West. Vierling Drive is a major collector serving undeveloped property from County Road 15 to Fuller Street. The feasibility report analyzed whether to construct the entire length of Vierling Drive or only the segment through Orchard Park West at this time. The conclusion and recommendation from staff based on meetings with the property owners and cost analysis is to proceed with the segment of Vierling Drive through Orchard Park West only at this time. The main reason for not constructing the entire length is that the property owner to the west is not ready to develop and the City has a large assessment obligation through Lion's Park that was not included in the 1998 capital improvement program and 1998 budget. Staff would recommend that the segment west of Orchard Park West be considered for the 1999 construction program. The feasibility report does include the entire length of Vierling Drive from County Road 15 to Fuller Street. A public hearing will be scheduled for April 21, 1998, by adopting Resolution No 4866 and the final decision on the project to be ordered can be done after the public hearing. ALTERNATIVES: 1. Adopt Resolution No. 4866. This action will receive the feasibility report and set the date for the public hearing for April 21, 1998. 2. Deny Resolution No. 4866. This action will halt the project until such time as City Council reconsiders the resolution. 3. Table Resolution No. 4866, to allow time for staff to prepare additional information as directed by the City Council. RECOMMENDATION: Staff recommends Alternative No. 1, to Adopt Resolution No. 4866, as this would allow for a public hearing and public input on the proposed improvements to decide whether or not this project should move forward for the 1998 construction season. ACTION REQUESTED: Offer Resolution No. 4866, A Resolution Receiving a Report and Calling a Hearing for an Improvement to Vierling Drive, From County Road 15 to Fuller Street, Project No. 1998- 3 and move its adoption. c. ja:uy Bruce Loney Public Works Director BL/tiv MEM4866 RESOLUTION NO. 4866 A Resolution Receiving a Report And Calling a Hearing On An Improvement To Vierling Drive, From County Road 15 to Fuller Street Project No. 1998-3 WHEREAS, pursuant to Resolution No. 4842 of the City Council adopted February 17,1998, a report has been prepared by the City Engineer,with reference to the improvement of Vierling Drive, from County Road 15 to Fuller Street by the installation of street,bituminous paving, curb &gutter, sidewalk,bituminous trail, sanitary sewer, watermain, storm sewer and appurtenant work and this report was received by the Council on March 17, 1998. NOW,THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE,MINNESOTA: 1. The Council will consider the improvement of Vierling Drive, from County Road 15 to Fuller Street by the installation of street,bituminous paving, curb &gutter, sidewalk, bituminous trail, sanitary sewer, watermain, storm sewer and appurtenant work with the report and the assessment of abutting and benefited property for all or a portion of the cost of the improvements pursuant to Minnesota Statutes Chapter 429 at an estimated total cost of the improvement of$921,070.50. 2. A public hearing shall be held on such proposed improvements on the 21st day of April, 1998, at 7:00 p.m. or thereafter, in the Council Chamber of City Hall, at 129 Holmes Street South, Shakopee, Minnesota, and the Clerk shall give mailed and published notice of such hearing and improvement as required by law. 3. The work of this project is hereby designed as part of the 1998-3 Public Improvement Program. Adopted in session of the City Council of the City of Shakopee, Minnesota,held this day of , 1998. Mayor of the City of Shakopee ATTEST: 1 I FEASIBILITY REPORT FOR VIERLING DRIVE 111 FROM COUNTY ROAD 15 TO FULLER STREET (FORMERLY COUNTY ROAD 77) CITY OF SHAKOPEE SCOTT COUNTY, MINNESOTA I i 1 1 ' I hereby certify that this plan, specification, or report was prepared by me or under my direct supervision and that I am a duly Registered Professional Engineer under the laws of the State of Minnesota. aer-11 Date /�i Re •istration No. 17590. g 1 I MARCH 1998 I 1 I TABLE OF CONTENTS ' DESCRIPTION PAGE NO. ' Introduction 1 Scope 1 Background 1 ' Proposed Improvements (Segment One) 2 - 3 1 Project Funding and Special Assessments(Segment One) 3 -4 Proposed Improvements (Segment Two) 5 - 6 Project Funding and Special Assessments(Segment Two) 7 - 8 Discussion of Alternatives One and Two 8 Conclusion 8 ' Alternative One Financing Summary 9 Alternative Two Financing Summary 10 ' APPENDIX 1 ' INTRODUCTION On February 17, 1998 the City of Shakopee ordered the preparation of a feasibility report on the construction of Vierling Drive,between County Road(C.R.) 15 and Fuller Street(Formerly County Road 77),by Resolution No. 4842. ' SCOPE This report is to determine the costs and feasibility of constructing this portion of Vierling Drive to State Aid Standards. ' BACKGROUND VierlingDrive project is a CityCouncil initiated project, although the developer of Orchard This Park West has submitted a petition for Vierling Drive to be constructed. The developer of Orchard ' Park West is currently in the final platting stages. Vierling Drive has been constructed in different segments from C.R. 16 to Fuller Street (Old C.R. ' 77). A segment from C.R. 15 to Taylor Street has also been constructed. This project will extend Vierling Drive from C.R. 15 to Fuller Street. Vierling Drive is a designated Municipal State Aid 111 Roadway. A map is included in the Appendix depicting the two segments. Segment one is that portion of 111Vierling Drive, from C.R. 15 to the western boundary of Orchard Park West plat. Segment two is that portion of Vierling Drive from the western boundary of the Orchard Park West plat to Fuller Street. This report will discuss two alternatives. Alternative No. 1 will be to construct only Segment Two at this time. Alternative No. 2 will be to construct both Segment One and Two at this time. 1 ' 1 PROPOSED IMPROVEMENTS (SEGMENT One) The proposed improvements for Segment One are based upon a preliminary alignment for Vierling ! Drive, from C.R. 15 to the western boundary of the Orchard Park West plat. ' A. Roadway A preliminary alignment has been designed to maximize development of the property ' adjacent to and south of Vierling Drive. The property on the north side of Vierling Drive is owned by the City of Shakopee (Lions Park). The property on the south side of Vierling Drive has not been platted and is currently one single parcel containing approximately 24 acres. Vierling Drive will be constructed to a 9 ton design, 50 foot wide, 4 lane undivided urban 1 roadway with no parking allowed, to State Aid Standards. It is proposed to have concrete walk on the north side and a bituminous trail on the south side of Vierling Drive. As on previous Vierling Drive projects, this report recommends assessing the concrete sidewalk to ' the benefiting properties. The bituminous trail would not be assessed. City staff has met with the property owner of the land adjacent to and south of Vierling Drive in Segment One and he has stated a willingness to dedicate Right of Way for Vierling Drive based upon the City's preliminary alignment. Therefore there are no right-of-way costs for this segment of Vierling Drive included in this report. A portion of this segment ' does lie within City property(Lions Park). B. Sanitary Sewer No sanitary sewer is proposed in this segment of Vierling Drive. Sanitary sewer service for ' the property to the south of Vierling Drive is being provided by the developer of Orchard Park West. ' C. Watermain Staff has been in contact with Shakopee Public Utilities Commission(SPUC)regarding this ' project. If this segment of Vierling Drive is constructed along with Segment Two, a 12 inch watermain is proposed to be constructed within the Vierling Drive right-of-way. SPUC will pay for oversizing costs. Preliminary design indicates the base size of the watermain to be an 8 inch watermain. The remainder of watermain costs would be assessed to the benefiting properties. 2 I D. Storm Sewer ' Storm sewer will be required to provide drainage for Vierling Drive and the abutting ' property in this segment. No oversizing costs are anticipated for this segment. E. Box Culvert ' Vierling Drive will cross the Upper Valley Drainageway near C.R. 15. Preliminary design indicates the need for a 10 foot x 6 foot box culvert to provide proper drainage. The cost ' for installing the box culvert has been estimated at $168,368.75. The box culvert crossing is proposed to be funded with the Storm Sewer Trunk Fund as per the recently adopted Storm Trunk Charge Policy for new developments. The estimated Storm Sewer Trunk fees that will be paid by the benefited properties from Vierling Drive being constructed from C.R. 15 to Fuller Street is $200,000.00. PROJECT FUNDING AND SPECIAL ASSESSMENTS SEGMENT ONE ' This segment will be funded with a combination of Special Assessments, Shakopee Public Utilities (watermain oversizing if required), Storm Drainage Trunk Fund(box culvert) and State Aid Funds. ' A. Roadway Construction 1 The construction of Vierling Drive will be assessed to the adjacent benefiting property owners on a front footage basis. The assessment rate will be calculated based on a local street width equivalent (36 foot wide and 7 ton design),with the oversizing being funded by ' the City. The sidewalk on the north side of the roadway will also be assessed 100% and is included in the street assessment rate. The bituminous trail on the south side of Vierling Drive will not be assessed as per City policy. The estimated assessment rate for this segment of roadway is $85.78 per front foot. Non-assessable roadway and oversizing costs will be financed by State Aid Funding. ' B. Watermain The policies for constructing and assessing watermain are established by SPUC. The watermain is assessed based on the proposed land use. Preliminary indications from SPUC is that all properties would be assessed for an 8 inch equivalent watermain. SPUC would ' pay for any oversizing. This report does not address any estimated trunk water charges. The estimated assessment rate for watermain(segment one)is $31.44 per front foot. 3 I C. Storm Sewer This report recommends assessing all storm sewer costs to the benefiting properties. There ' are no oversizing costs associated with the storm sewer in Vierling Drive, due to the fact that there are no off-site properties that drain into this area. Since the storm sewer in Vierling Drive serves only those adjacent properties. No credits will be given at the time ' storm sewer trunk fees are collected when the property develops. The estimated assessment rate for storm sewer(segment one) is $21.46 per front foot. D. Box Culvert The box culvert crossing for the Upper Valley Drainageway is proposed to be funded with the Storm Drainage Trunk Fund. This would be in accordance with the "Trunk Storm Water Charge Justification Report" that was prepared by the City's consultant, WSB & ' Associates, Inc. Channel crossings have been identified in this report as being funded by the Storm Drainage Trunk Fund. The estimated cost of constructing the box culvert is $168,368.75. The Storm Drainage Trunk fees to be paid as the properties benefiting by ' Vierling Drive being constructed from C.R. 15 to Fuller Street when the develop is estimated to be $200,000.00. TOTAL SEGMENT ONE COST $ 568,928.25 Funding Sources (Segment One) ' Roadway Assessment $ 193,780.40 Watermain Assessment $ 71,018.75 ' Storm Drainage Assessment $ 48,477.00 State Aid Funding $ 75,197.10 Shakopee Public Utilities Oversizing $ 12,086.25 ' Box Culvert (Storm Trunk Fund) $ 168,368.75 Total Funding (Segment One) $ 568,928.25 City Costs for Segment One: City Assessments (Lions Park) $ 207,047.94 State Aid Funding $ 75,197.10 Box Culvert (Storm Trunk Fund) $ 168,368.75 ' Total City Costs for Segment One= $ 450,613.79 1 4 I PROPOSED IMPROVEMENTS (SEGMENT 2) ' The proposed improvements and cost listed in this report are based upon the developer for Orchard Park West performing all of the site grading within their own development. A. Roadway Construction Vierling Drive is proposed to be constructed utilizing the developer's proposed alignment ' through the Orchard Park West Development. Vierling Drive will be constructed to a 9-ton design, 50 feet wide, four lane undivided urban ' roadway,with no parking allowed to State Aid Standards. A concrete walk on the north side along with a bituminous trail on the south side of ' Vierling Drive is proposed. As on previous Vierling Drive Projects, this report recommends assessing sidewalk for one ' side on the roadway. This policy is also consistent with the City Code on subdivisions which require developers to be responsible for a walk on one side on a collector street. The ' bituminous trail on the south side of the roadway would not be assessed. All of the right-of-way for Vierling Drive in the Orchard Park West development will be acquired through dedication during the platting process with the exception of an area approximately 0.34 acre in size located at the SW corner of the intersection of Vierling Drive and Fuller Street. Any right-of-way costs incurred with this project will be included in the project costs and included as a roadway assessment. B. Sanitary Sewer 1 Sanitary sewer is required in certain portions of Vierling Drive to provide service to the Orchard Park West development. These costs will be assessed to the developer of Orchard Park West. This report is also recommending the installation of a sanitary sewer line to the City owned property where it has been proposed to be a future fire station site. A map has been included in this report to indicate this. I 1 5 C. Watermain Staff has been in contact with SPUC regarding the watermain construction. A 12 inch watermain is proposed to be constructed within the Vierling Drive right-of-way from Fuller Street to the western boundary of the Orchard Park West plat. D. Storm Sewer The developer of Orchard Park West has constructed a portion of the storm sewer in Vierling Drive in order to accommodate drainage from the site development. Additional ' storm sewer will be required for Vierling Drive. All storm sewer costs will be assessed as part of the roadway costs. 1 1 1 1 6 ' PROJECT FUNDING AND SPECIAL ASSESSMENTS SEGMENT TWO This segment will be funded with a combination of Special Assessments, Shakopee Public Utilities (watermain oversizing if required), and State Aid Funds. ' A. Roadway Construction ' The construction of Vierling Drive will be assessed to the adjacent property owners on a front footage basis. The assessment rate will be calculated based on a local street width equivalent (36 foot wide and 7 ton design), with the oversizing being funded by the City. ' The sidewalk on the north side of the roadway will also be assessed 100% and is included in the street assessment rate. The sidewalk or bituminous trail on the south side of Vierling Drive will not be assessed. ' The estimated assessment rate for this segment is$57.24 per front foot. Non-assessable roadway and oversizing costs will be financed by State Aid Funding. B. Sanitary Sewer The sewer will be assessed 100% to the benefiting properties. The estimated assessment rate for sanitary sewer(segment two) is $10.32 per front foot. This report recommends assessing the sanitary sewer line that will serve the proposed fire ' station site to the Orchard Park West development. This is in accordance with City Policy requiring developers to install utilities to their plat boundary if deemed necessary. C. Watermain The policies for constructing and assessing watermain are established by SPUC. The ' watermain is assessed based on the proposed land use. Preliminary indications from SPUC is that all properties would be assessed for a 6 inch equivalent watermain. SPUC would pay for any oversizing: This report does not address any estimated trunk water charges. The ' assessment rate for watermain(segment two)is$28.20 per front foot. 7 1 D. Storm Sewer ' This report recommends assessing all of the storm sewer costs to the benefiting properties. There are no oversizing costs associated with this segment of Vierling Drive, due to the fact that all of the drainage is contributed from the benefiting properties. The estimated assessment rate for storm sewer(segment two) is $9.60 per front foot. The following is a summary of the funding for this portion of the project. TOTAL SEGMENT TWO COST $ 352,142.25 ' Funding Sources (Segment Two) ' Roadway Assessment $ 150,147.88 Sanitary Sewer Assessment $ 27,060.00 ' Watermain Assessment $ 73,968.13 Storm Drainage Assessment $ 25,187.25 State Aid Funding $ 60,475.25 ' Shakopee Public Utilities Oversizing $ 15,303.75 TOTAL FUNDING $ 352,142.25 City Costs for Segment Two State Aid Funding $ 60,475.25 Total City Costs for Segment Two= $ 60,475.25 Discussion of Alternatives One and Two: Alternative One is to construct Segment Two only at this time (Vierling Drive from the west plat line of Orchard Park West to Fuller Street). Alternative Two is to construct both Segments One and Two this year (Vierling Drive from County Road 15 to Fuller Street. Due to the cost impact to the City of Shakopee in Segment One and that the property owner is not ready to develop the property this year, this report recommends constructing the improvements for Segment Two of Vierling Drive only at this time. Conclusion: This report finds that constructing Segment Two of Vierling Drive is both cost effective and necessary to provide an adequate roadway system for this area and the Orchard Park West development and should be constructed as recommended in this feasibility report. The project 1 costs prepared for this report are based upon an Engineer's Estimate and are subject to change depending on the final design of the project, bids received, and actual work performed. 1 1 8 I I I In in in in N N I- N I M4F4 co O it, N I... co — co N M I In 0 O O I fizi.N N,- m N N I a I p" sZ o r 2 r� Off) M N Wh LJ I MEa- Lr) Q1 r co U I W O W o 0 0 0 C a A W CO Ea CD o IW•4 z a N z1:4 w P4 4tt I z O a Owti coI 0 N a E* E* I WW, FOI 1.-- Ea Efl 6 N{R CA oi C.7 W AO 1-1 I 0-4 w z wA z g 4 w I H - a o I9 I I I I I ICO p 000 N N- LC)LO ID L Qco co N- co CO c I 0 Ns N ti ti CO N H N- r (3) I Ea 69 69 69 69 EA I W c, O co N N W C1) p - N- (-4 I-' N CO ti 00 _ I G1CA Co O N Z O N CO In N LUN N 00 N M W A w 69- tf 69 69 Ea to I O Woz ,---, Lr) O O ti N O r O tre O N ' Lri r : cci ori O ti CO N C") 0) W fl+ El LU 06 n cg, co CO CO 1 I 4 69 69 69 Ef} Et} EA z h up I Ac4 cc 4t U zz U) Z w I U C a ce 2 N 0 W 0 < O1— 0 d w a cn Cl) m I I10 I I I IAPPENDIX IVierling Drive Cost Estimates (Segment One) IVierling Drive Cost Estimates (Segment Two) Estimated Assessments (Segment One) IEstimated Assessments (Segment Two) IProject Maps I I I I 1 I I I I I I 1 1 1 APPENDIX 1 Vierling Drive Cost Estimates (Segment One) 1 Vierling Drive Cost Estimates (Segment Two) Estimated Assessments (Segment One) 1 Estimated Assessments (Segment Two) ' Project Maps 1 1 1 1 1 1 i 1 i 1 1 I I VIERLING DRIVE (Segment One) ICOUNTY ROAD 15 TO ORCHARD PARK WEST PLAT LINE I I TOTAL ROADWAY UNIT TOTAL ma DESCRIPTION UNITS QTY. PRICE PRICE I1 Mobilization L.S. 1 $10,000.00 $ 10,000.00 2 Subgrade Preparation R.S. 14.25 $ 150.00 $ 2,137.50 I3 Common Excavation C.Y. 9000 $ 5.00 $ 45,000.00 I 4 Common Borrow C.Y. 1000 $ 6.00 $ 6,000.00 5 Agg. Base Class 5 100% Crushed-8"Thick S.Y. 8350 $ 3.25 $ 27,137.50 I 6 Type 31, Bituminous Base Coat(2-1/2"thick) S.Y. 7550 $ 3.40 $ 25,670.00 7 Type 41, Bituminous Wear Coat (1-1/2" thick) S.Y. 7550 $ 2.50 $ 18,875.00 8 Bituminous Material for Tack Coat GALLON 400 $ 1.20 $ 480.00 I9 4" Concrete Walk S.F. 7300 $ 2.00 $ 14,600.00 10 Concrete Curb and Gutter Design - B618 L.F. 2900 $ 6.50 $ 18,850.00 I11 Bituminous Trail -8'Wide L.F. 1450 $ 7.00 $ 10,150.00 12 Sodding Type Lawn S.Y. 2500 $ 2.50 $ 6,250.00 1 13 Seeding (min. 4"topsoil, seed, fertilizer& mulch) ACRE 0.75 $ 3,000.00 $ 2,250.00 14 Furnish and Plant 2-1/2" Marshall Seedless Ash TREE 12 $ 250.00 $ 3,000.00 1 15 Furnish and Plant 2-1/2" Sugar Maple TREE 12 $ 250.00 $ 3,000.00 16 Silt Fence- Heavy Duty L.F. 150 $ 1.50 $ 225.00 I17 4"Solid Yellow- Paint L.F. 2850 $ 0.40 $ 1,140.00 18 4" Broken Line White- Paint L.F. 2850 $ 0.30 $ 855.00 I TOTAL ROADWAY $195,620.00 1 10% CONTINGENCY $19,562.00 SUBTOTAL $215,182.00 I25% ENG/ADMIN. $53,795.50 GRAND TOTAL ROADWAY $268,977.50 I I VIERLING DRIVE (Segment One) ICOUNTY ROAD 15 TO ORCHARD PARK WEST PLAT LINE I ASSESSED ROADWAY 36' WIDE LOCAL IUNIT TOTAL NO. DESCRIPTION UNITS QTY. PRICE PRICE 1 Mobilization L.S. 1 $10,000.00 $ 10,000.00 I 2 Subgrade Preparation R.S. 10.26 $ 150.00 $ 1,539.00 3 Common Excavation C.Y. 6480 $ 5.00 $ 32,400.00 I 4 Common Borrow C.Y. 1080 $ 6.00 $ 6,480.00 5 Agg. Base Class 5 100% Crushed-6"Thick S.Y. 6012 $ 3.10 $ 18,637.20 6 Type 31, Bituminous Base Coat (2"thick) S.Y. 5436 $ 2.90 $ 15,764.40 I7 Type 41, Bituminous Wear Coat (1-1/2"thick) S.Y. 5436 $ 2.50 $ 13,590.00 8 Bituminous Material for Tack Coat GALLON 288 $ 1.20 $ 345.60 1 9 4" Concrete Walk S.F. 7300 $ 2.00 $ 14,600.00 10 Concrete Curb and Gutter Design - B618 L.F. 2900 $ 6.50 $ 18,850.00 I11 Sodding Type Lawn S.Y. 2500 $ 2.50 $ 6,250.00 12 Seeding (min. 4"topsoil, seed, fertilizer& mulch) ACRE 0.75 $ 3,000.00 $ 2,250.00 I13 Silt Fence- Heavy Duty L.F. 150 $ 1.50 $ 225.00 ITOTAL ASSESSED ROADWAY $140,931.20 10% CONTINGENCY $14,093.12 ISUBTOTAL $155,024.32 25% ENG/ADMIN. $38,756.08 IGRAND TOTAL ASSESSED ROADWAY $193,780.40 ICITY COST FOR ROADWAY= $ 75,197.10 I I I I I TOTAL WATERMAIN COSTS (SEGMENT ONE) I Na UNIT TOTAL DESCRIPTION UNITS QTY. PRICE PRICE 1 12" D.I.P. WATERMAIN (W/FITTINGS) L.F. 1350 $ 27.00 $ 36.450.00 I 2 12"GATE VALVE EA. 3 $ 1,200.00 $ 3.600.00 3 6" D.I.P. WATERMAIN (W/FITTINGS) L.F. 90 $ 21.00 $ 1.890.00 4 HYDRANT ASSEMBLY W/GATE VALVE EA. 3 $ 1,800.00 $ 5.400.00 5 JACK 12" D.I.P. WATERMAIN L.F. 100 $ 125.00 $ 12.500.00 I6 CONNECT TO EXISTING EA. 1 $ 600.00 $ 600.00 I TOTAL WATERMAIN $ 60,440.00 10% CONTINGENCY $6,044.00 SUBTOTAL $66,484.00 I 25% ENG/ADMIN. $16,621.00 GRAND TOTAL WATERMAIN $83,105.00 I TOTAL ASSESSED WATERMAIN (SEGMENT ONE) I UNIT TOTAL NO. DESCRIPTION UNITS QTY. PRICE PRICE 1 8" D.I.P. WATERMAIN (W/FITTINGS) L.F. 1350 $ 23.00 $ 31.050.00 2 8"GATE VALVE EA. 3 $ 900.00 $ 2.700.00 3 HYDRANT ASSEMBLY W/GATE VALVE EA. 3 $ 1,800.00 $ 5.400.00 3 JACK 12" D.I.P. WATERMAIN L.F. 100 $ 125.00 $ 12.500.00 ITOTAL ASSESSED WATERMAIN $ 51,650.00 10% CONTINGENCY $5,165.00 I SUBTOTAL $56,815.00 25% ENG/ADMIN. $14,203.75 GRAND TOTAL ASSESSED WATERMAIN $71,018.75 SHAKOPEE PUBLIC UTILITIES OVERSIZING = $12,086.25 I I I I I I ASSESSED STORM SEWER COSTS (SEGMENT ONE) IUNIT TOTAL NCI DESCRIPTION UNITS QTY. PRICE PRICE 1 1 12" RCP CL V Design 3006 L.F. 96 $ 21.00 $ 2,016.00 2 15" RCP CL III Design 3006 L.F. 420 $ 23.00 $ 9,660.00 I 2 18" RCP CL III Design 3006 L.F. 348 $ 25.00 $ 8,700.00 3 21" RCP CL III Design 3006 L.F. 120 $ 27.00 $ 3,240.00 5 18" RC Pipe Apron w/Trashguard EACH 3 $ 800.00 $ 2,400.00 I 6 15" RC Pipe Apron w/Trashguard EACH 3 $ 600.00 $ 1,800.00 7 Construct 2 x 3 Catch Basin EACH 4 $ 950.00 $ 3,800.00 8 Construct Catch Basin M.H. 48-4020 (0-10') EACH 2 $ 1,100.00 $ 2,200.00 I15 Random Riprap Class III C.Y. 36 $ 40.00 $ 1,440.00 ITOTAL STORM SEWER $ 35,256.00 10% CONTINGENCY $ 3,525.60 SUBTOTAL $ 38,781.60 I25% ENG/ADMIN. $ 9,695.40 GRAND TOTAL STORM SEWER $ 48,477.00 I I I I I 1 I I I I I BOX CULVERT COSTS (SEGMENT ONE) UNIT TOTAL Nom( . DESCRIPTION UNITS QTY. PRICE PRICE 1 10 X 6 PRECAST BOX CULVERT L.F. 240 $ 375.00 $ 90,000.00 2 PRECAST CONCRETE END SECTION EA. 2 $15,000.00 $ 30,000.00 3 RANDOM RIP RAP CLASS III C.Y. 70 $ 35.00 $ 2,450.00 I TOTAL BOX CULVERT $122,450.00 10% CONTINGENCY $12,245.00 SUBTOTAL $134,695.00 25% ENG/ADMIN. $33,673.75 STORM SEWER TRUNK FUND COSTS = $168,368.75 I 1 I i 1 1 i i 1 t 1 1 I IVIERLING DRIVE (Segment Two) Orchard Park West Plat Line to Fuller Street I I TOTAL ROADWAY UNIT TOTAL NO.. DESCRIPTION UNITS QTY. PRICE PRICE I1 Mobilization L.S. 1 $10,000.00 $ 10,000.00 2 Subgrade Preparation R.S. 13.9 $ 150.00 $ 2,085.00 I 3 Agg. Base Class 5 100% Crushed-8"Thick S.Y. 8500 $ 3.25 $ 27,625.00 4 Type 31, Bituminous Base Coat (2-1/2"thick) S.Y. 7700 $ 3.40 $ 26,180.00 5 Type 41, Bituminous Wear Coat(1-1/2"thick) S.Y. 7700 $ 2.50 $ 19,250.00 6 Bituminous Material for Tack Coat GALLON 425 $ 1.20 $ 510.00 7 4"Concrete Walk S.F. 6350 $ 2.00 $ 12,700.00 8 Concrete Curb and Gutter Design - B618 L.F. 2950 $ 6.50 $ 19,175.00 I 9 Bituminous Trail -8'Wide L.F. 1450 $ 7.00 $ 10,150.00 10 Sodding Type Lawn S.Y. 2500 $ 2.50 $ 6,250.00 11 Seeding (min. 4"topsoil, seed, fertilizer& mulch) ACRE 0.5 $ 3,000.00 $ 1,500.00 I12 Furnish and Plant 2-1/2" Marshall Seedless Ash TREE 14 $ 250.00 $ 3,500.00 13 Furnish and Plant 2-1/2" Sugar Maple TREE 14 $ 250.00 $ 3,500.00 14 Silt Fence- Heavy Duty L.F. 300 $ 1.50 $ 450.00 I 15 4" Solid Yellow- Paint L.F. 2800 $ 0.40 $ 1,120.00 16 4" Broken Line White- Paint L.F. 2800 $ 0.30 $ 840.00 ITOTAL ROADWAY $144,835.00 10% CONTINGENCY $14,483.50 I SUBTOTAL $159,318.50 25% ENG/ADMIN. $39,829.63 GRAND TOTAL ROADWAY $199,148.13 I Right of Way Costs ACRE 0.34 $25,000.00 $ 8,500.00 35%Administration Costs $ 2,975.00 ITotal Right of Way Costs $ 11,475.00 TOTAL ROADWAY AND RIGHT OF WAY COSTS = $210,623.13 I I I I 1 1 VIERLING DRIVE (Segment Two) Orchard Park West Plat Line to Fuller Street I ASSESSED ROADWAY 36' WIDE LOCAL IUNIT TOTAL Na DESCRIPTION UNITS QTY. PRICE PRICE II1 Mobilization L.S. 1 $10,000.00 $ 10,000.00 2 Subgrade Preparation R.S. 10.008 $ 150.00 $ 1,501.20 I 3 Agg. Base Class 5 100% Crushed-6"Thick S.Y. 6120 $ 3.10 $ 18,972.00 4 Type 31, Bituminous Base Coat (2"thick) S.Y. 5544 $ 2.90 $ 16,077.60 5 Type 41, Bituminous Wear Coat(1-1/2"thick) S.Y. 5544 $ 2.50 $ 13,860.00 1 6 Bituminous Material for Tack Coat GALLON 306 $ 1.20 $ 367.20 7 4"Concrete Walk S.F. 6350 $ 2.00 $ 12,700.00 8 Concrete Curb and Gutter Design - B618 L.F. 2950 $ 6.50 $ 19,175.00 1 9 Sodding Type Lawn S.Y. 2500 $ 2.50 $ 6,250.00 10 Seeding (min. 4"topsoil, seed, fertilizer& mulch) ACRE 0.5 $ 3,000.00 $ 1,500.00 11 Silt Fence- Heavy Duty L.F. 300 $ 1.50 $ 450.00 ITOTAL ASSESSED ROADWAY $ 100,853.00 I 10% CONTINGENCY $10,085.30 SUBTOTAL $ 110,938.30 25% ENG/ADMIN. $27,734.58 IGRAND TOTAL ASSESSED ROADWAY $ 138,672.88 Right of Way Costs ACRE 0.34 $25,000.00 $ 8,500.00 I35%Administration Costs $ 2,975.00 Total Right of Way Costs $ 11,475.00 ITOTAL ASSESSED ROADWAY AND RIGHT OF WAY COSTS= $ 150,147.88 ICITY COST FOR ROADWAY= $ 60,475.25 1 I I I 111 SANITARY SEWER COSTS (SEGMENT TWO) UNIT TOTAL NO. DESCRIPTION UNITS QTY. PRICE PRICE ' 1 8"PVC SEWER L.F. 640 $ 22.00 $ 14,080.00 2 48" DIAMETER MANHOLE EA. 4 $ 1,250.00 $ 5,000.00 3 CONNECT TO EXISTING EA. 1 $ 600.00 $ 600.00 TOTAL SANITARY SEWER $19,680.00 10% CONTINGENCY $1,968.00 SUBTOTAL $21,648.00 25% ENG/ADMIN. $5,412.00 GRAND TOTAL SANITARY SEWER $27,060.00 I I I I I I I r I t I I I TOTAL WATERMAIN COSTS (SEGMENT TWO) IUNIT TOTAL Na DESCRIPTION UNITS QTY. PRICE PRICE I 1 6"D.I.P. WATERMAIN (W/FITTINGS) L.F. 240 $ 21.00 $ 5.040.00 2 8" D.I.P. WATERMAIN (W/FITTINGS) L.F. 100 $ 23.00 $ 2.300.00 3 12" D.I.P. WATERMAIN (W/FITTINGS) L.F. 1355 $ 27.00 $ 36.585.00 I 4 6"GATE VALVE EA. 6 $ 600.00 $ 3.600.00 5 8"GATE VALVE EA. 2 $ 900.00 $ 1.800.00 6 12"GATE VALVE EA. 5 $ 1,200.00 $ 6,000.00 I 7 HYDRANT ASSEMBLY W/GATE VALVE EA. 5 $ 1,800.00 $ 9.000.00 8 CONNECT TO EXISTING EA. 1 $ 600.00 $ 600.00 I TOTAL WATERMAIN $ 64,925.00 10% CONTINGENCY $6,492.50 SUBTOTAL $71,417.50 I 25% ENG/ADMIN. $17,854.38 GRAND TOTAL WATERMAIN $89,271.88 I I TOTAL ASSESSED WATERMAIN (SEGMENT TWO) UNIT TOTAL 1 NO. DESCRIPTION UNITS QTY. PRICE PRICE 1 6" D.I.P. WATERMAIN (W/FITTINGS) L.F. 1595 $ 21.00 $ 33.495.00 2 8" D.I.P. WATERMAIN (W/FITTINGS) L.F. 100 $ 23.00 $ 2.300.00 1 3 6"GATE VALVE EA. 11 $ 600.00 $ 6.600.00 4 8"GATE VALVE EA. 2 $ 900.00 $ 1.800.00 5 HYDRANT ASSEMBLY W/GATE VALVE EA. 5 $ 1,800.00 $ 9.000.00 II6 CONNECT TO EXISTING EA. 1 $ 600.00 $ 600.00 TOTAL ASSESSED WATERMAIN $ 53,795.00 I 10% CONTINGENCY $5,379.50 SUBTOTAL $59,174.50 25% ENG/ADMIN. $14,793.63 GRAND TOTAL ASSESSED WATERMAIN $73,968.13 SHAKOPEE PUBLIC UTILITIES OVERSIZING = $15,303.75 I I I i ASSESSED STORM SEWER COSTS (SEGMENT TWO) UNIT TOTAL DESCRIPTION UNITS QTY. PRICE PRICE 1 12" RCP CL V Design 3006 L.F. 279 $ 21.00 $ 5,859.00 2 15" RCP CL III Design 3006 L.F. 183 $ 23.00 $ 4,209.00 3 Construct 2 x 3 Catch Basin EACH 5 $ 950.00 $ 4,750.00 1 4 Construct Catch Basin M.H. 48-4020 (0-10') EACH 1 $ 1,100.00 $ 1,100.00 5 Construct Catch Basin M.H. 72-4020 (0-10') EACH 1 $ 2,400.00 $ 2,400.00 1 TOTAL STORM SEWER $ 18,318.00 1 10% CONTINGENCY SUBTOTAL $ 1,831.80 $ 20,149.80 25% ENG/ADMIN. $ 5,037.45 GRAND TOTAL STORM SEWER $ 25,187.25 1 1 1 1 1 t 1 1 1 1 1 I ✓ - O (Ni I/ W co O CV N ,46M r- < cri-- w N 0 CA O CFs u W Q M I� o t O N- r- .1...CC ai - Z oi oca oc (Wi) co co ea io "' (n I 2 W ^ N Q H I W cc z 00 F- I� 74 LLI Z ° o 0 101 rz I W QU) _ • Cr) 69. a I Q In. M oozi af co IC 0 Q < W O O M • 7 N_' O a Iui ° (i' Fo Q• w " rY WO I > o o caco en c • O in O S N Q W LL LL Z J Tr J Q Zca W JOTr ' LL -1 U N = N OF O W 111 IX WO W r W L . Q F- N 111vW O Z o N U Z . cmU C a) °°7. v vr (n W (n J Fo <o CA N W II II II r LL ti LI I N • N . 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' 1 I gl lk \,../ ___ _ . _ _ __. ___ _ , ___ _. „ I _ . • El133a1S 213n11.4 1_ g� li I # ce<\ o ,,bd).„_4/ Wa iice ce al i { [ as aQ 1-O t U !f me m :1. i oa / • fX 0 o H —^ —H r- (f) k , , Ct Z • 1 LU . , ,,, (,) ,....„ ,..d z � ,, . a 1n , r j v.) a, / i Z r ; I rte`..---i / f 0 t l` I '� i {St.6 ,Ii'` l O $} ! mer€ [,r---iaq ttttt t Y"�t\ 1 s 1 i}1 f iii— --QS r ii i j fX ,r ( ,' /,� j i ^..et t j .'w. • • 1 LaF p Li Ct'Sj( w or� `.J 0'�9bP o 10IP\ Z _1 tibio Q J 'k, tn dip' ce Z LL d0. . W p �.. X O J Ce O ill . o a a IS f— w Y W N K CO p Z < W �' ' a L1J 0 a o aa. cn Lf) z (/) Z Zi a cn a Q w ./ aci_ • O W a Ct /-. a CL U a z F Ln 5:c- Lu W I glaill1111111.111111111 lik ,, ii I _ CITY OF SHAKOPEE CONSENT Memorandum TO: Mayor& City Council Mark McNeill, City Administrator FROM: Bruce Loney, Public Works Director SUBJECT: Termination of Probationary Status Michael Frassel DATE: March 17, 1998 BACKGROUND: Michael Frassel started working for the City on September 29, 1997 as a maintenance worker in the Public Works Department. His six months probationary period has been completed satisfactorily. It is recommended that his probationary status be terminated. ALTERNATIVES: 1. Move to terminate Michael Frassel's probationary status. 2. Extend his probationary status another six months. 3. Terminate his employment with the City. RECOMMENDATION: Terminate Michael Frassel's probationary status. ACTION REQUESTED: Move to terminate Michael Frassel's probationary status. de-rtfruce Loney Public Works Director BL/pmp FRASSEL CITY OF SHAKOPEE 6. it Memorandum ' TO: Mayor & City Council CONSENT Mark McNeill, City Administrator FROM: Bruce Loney, Public Works Director SUBJECT: Acceptance of Resignation-William Doege and Authorize the Advertisement for Public Works Maintenance Worker DATE: March 17, 1998 INTRODUCTION: Council is asked to accept the resignation of William Doege, Maintenance Worker, effective March 16, 1998, and to authorize the advertisement for a Maintenance Worker to replace Mr. Doege. BACKGROUND: Attached is a letter of resignation from William Doege indicating that he will be retiring from the Public Works Department. Mr. Doege began his employment on July 1, 1974 as a Maintenance Worker. Mr. Doege has served the City well over the years and will be truly missed for his knowledge of the City and his experience. Staff is requesting authorization to advertise to hire a Maintenance Worker to fill the vacancy left by Mr. Doege's retirement. RECOMMENDATION: Staff recommends that his resignation be accepted with regrets and staff be authorized to advertise to hire a Maintenance Worker to fill the vacancy. ACTION REQUESTED: 1. If the Council concurs, it should be by motion to accept the resignation,with regrets, of William Doege as Maintenance Worker for the Public works Department of the City of Shakopee effective,March 16, 1998. 2. Move to authorize the appropriate City staff to utilize Scott County personnel in the advertising and hire of a Maintenance Worker for the Public Works Department. 3. Offer Resolution No. 4876, A Resolution of Special Commendation to William Doege, and move its adoption. .Aite aryraa‘, Bruce Loney Public Works Director BL/pmp DOEGE RESOLUTION NO. 4876 A RESOLUTION OF SPECIAL COMMENDATION TO WILLIAM DOEGE Be it remembered that on the 1st day of July, 1974, William Doege entered City employment and from that date on he has faithfully served the City of Shakopee, its citizens and residents over and beyond the call of duty for all these many years until his retirement on March 16, 1998. Therefore,be it resolved by the Shakopee City Council that the City hereby expresses its deep appreciation and gratitude and hereby commend William Doege for his devotion to duty, his loyalty and his friendship. Adopted in regular session of the City Council of the City of Shakopee, Minnesota,held this 17th day or March, 1998. Jon Brekke,Mayor City of Shakopee ATTEST: Judith S. Cox, City Clerk BL\t1vRES4876 'March 3, 1998 Mr. Mark McNeill City Administrator City of Shakopee • 129 -South Holmes Street Shakopee , MN 55379 Mr. McNeill ; In compliance with the City of Shakopee Personnel Handbook procedures, I will be leaving the position of Maintenance Worker effective March 16, 1998. I am opting to take early retirement. Sincerely; ;'William C. Doege 930 South Pierce Street Shakopee , ;:_I? 55379 • IX SEPARATION. A. Duration_ of_ Employment. Subject to state law on veterans' preference, Minn. Stat. Sec. 181. 931 to 181.935, and any applicable labor agreement, the City may discharge or separate a temporary or probationary employee from employment at any time for any or no reason. Other employees may be discharged as a disciplinary action, or as set forth below. B. Resignation. 1. Procedure. Any City employee wishing to leave the City' s service in good standing shall file with the City Administrator, at least fourteen (14) days before leaving, a written resignation stating the effective date of the resignation and the reason for leaving. Failure to comply with this procedure shall be cause for denying such employee future employment with the City and denying severance benefits . 2 . Unauthorized Absence. Unauthorized absence from work for a period of three (3) consecutive working days may be considered by the City Administrator as a resignation, and the employee shall not be entitled to severance benefits . C. Retirement. No City employee shall be required to retire at any specific age. D. Severance Pay. Any regular employee leaving the municipal service in good standing after giving proper notice of such termination of employment shall be compensated for all accrued and unused vacation leave and compensatory time, plus an amount equal to one- third of the value of accrued and unused sick leave up to a maximum of 960 hours . E. Lay-offs, 1. Procedure. After at least two weeks notice to the employee, the City Council may lay off any regular IX-1 CITY OF SHAKOPEE /5: ' / ' /. Memorandum TO: Mayor& City Council Mark McNeill, City Administrator FROM: Bruce Loney, Public Works Director SUBJECT: Authorize Final Payment to Ryan Contracting, Inc. for the Sarazin Street Project No. 1994-10 DATE: March 17, 1998 INTRODUCTION: Associated with the Sarazin Street Project was a lawsuit from Ryan Contracting, Inc. against the City of Shakopee for extra payment for work done on the project. This item is to address final payment to the contractor. BACKGROUND: Ryan Contracting, Inc. initiated a lawsuit against the City of Shakopee for payment for extra work done on the Sarazin Street, Roundhouse Street and Fourth Avenue Improvement Project No. 1994-10 in the year 1995. A trial was held in June and July of 1997, in which the jury ruled in favor of the plaintiff and awarded a judgment against the City of Shakopee. The City of Shakopee then appealed the decision to the Court of Appeals. A ruling has been made in this trial court matter and the Court of Appeals has affirmed the decision made previously by the trial court. The attorney handling this case, George C. Hoff of Hoff, Barry and Kuderer has been in contact with Jim Thomson, the City Attorney, and their recommendation is that the City not seek review by the Minnesota Supreme Court and arrange to make payment of the judgment. The judgment award at this time including interest which is at a 5% rate is $298,952.10. This Council item is for City Council to authorize this payment and to agree with the recommendation by Mr. Hoff in this matter. ACTION REQUESTED: A motion to authorize staff to execute payment to Ryan Contracting, Inc., as per the judgment award issued by the trial court in the matter of Ryan Contracting, Inc. versus the City of Shakopee in the amount of$298,952.10 plus any interest accrued to the date of payment. /ice Loney Public Works Director BL/pmp MAR-16-1998 16:37 HOFF,BARRY & KUDERER P.02 HOFF, BARRY & KUDERER PROFESSIONAL ASSOCIATION GEORGE C.Howe 0'COURaea. PATRICL+E.SUMER THOMAS G.$ARAM,JR. PAULA A.Gu.LIRS JORUN GROR MEmRnwG STEPHEN A.BA10XR t 'Kaman,B.KOZAR TELEPHONE(612)941-9220 DOUGLAS J.SC fLTZ 1-800-989-9220 March 16, 1998 FAX(612)941-1968 . a rv,�m E.MA1L hbkwitmunet.com t ALto nmanom m Pl .. CONFIDENTIAL - ATTORNEY/CLIENT PRIVILEGE • Mr. Bruce Loney Public Works Director/Eng. City of Shakopee 129 Holmes Street S. Shakopee, MN 55379-1376 RE: Ryan contracting, Inc. v. City of Shakopee, et al Trial Court File No. 96-04318 Appellate Court File No. C2-97-1286 Our File No. 3200-045 BRS File No. 11013318 Dear Bruce: I have had an opportunity to discuss the Court of Appeals' Ruling with Jim Thomson today, March 16. While I feel strongly that the Court of Appeals is incorrect in their resolution of the case, neither Jim, nor I, feel that it is a case that the Minnesota Supreme Court would likely grant review. Therefore, it is our recommendation that the City not seek review by the Minnesota Supreme Court, and simply arrange to make payment of the Judgment. I have a call in to opposing counsel, Bill Joyce, to determine what his claim is for the amount of Judgment. I will then check those figures and advise the City accordingly. I realize we have been trading phone calls today. Please call me when you get a chance. Sincerel , —. • or• _ . • / HOFF, BARR . KUDERER, P.A. GCH:baj G:\WPDATA\3200.0/51CL1Es316.LTA 7901 FLYING CLOUD DRIVE,#260•EDFN PRAIRIE,MINNESOTA 55344-7914 TOTAL P.02 /57 6. /• CITY OF SHAKOPEE CONSENT Memorandum TO: Honorable Mayor and City Council City Administrator,Mark McNeill FROM: Dan Hughes, Chief of Police SUBJECT: Operation NightCAP Grant DATE: March 5, 1998 INTRODUCTION: The Police Department is requesting Council approval to participate in a joint venture with the Minnesota State Patrol and the Minnesota Department of Public Safety. This collaborative effort requires the Council approval to accept a grant contract between the representative agencies. BACKGROUND: Recently, the Police Department was contacted by Lt. Graham of the Minnesota State Patrol. He inquired about our interest in participation in a federally funded D.U.I. prevention project called NightCAP. This prevention project is designed to assemble officers from multiple jurisdictions on a predetermined day with the sole goal of removing drunk drivers from our streets and highways. The officers involved in the project are compensated at their overtime rate of pay with no cost to the City. The City will be reimbursed from the grant funds made available by the NightCAP project. In order for the Police Department to participate in Operation NightCAP and for the City to be reimbursed for the officers time the attached resolution must be passed. The Minnesota State Patrol has tentatively scheduled Saturday, April 25, 1998 for Operation NightCAP in the Shakopee area. ALTERNATIVES: 1. Accept the grant agreement. 2. Do not accept the grant agreement. RECOMMENDATION: Alternative#1. ACTION REQUESTED: Offer and pass the attached resolution authorizing the appropriate city officials to enter an agreement with the Minnesota Department of Public Safety, and the Minnesota State Patrol for the program entitled Operation NightCAP. RESOLUTION NO. 4 8 6 3 A RESOLUTION AUTHORIZING EXECUTION OF A GRANT CONTRACT FOR OPERATION NIGHTCAP PROGRAM Be it resolved that the City of Shakopee enters into a Grant Contract with the Minnesota Department of Public Safety, State Patrol Division for the program entitled Operation NightCAP. The appropriate City officials are hereby authorized to execute and sign such Grant Contracts, and amendments thereto, as are necessary to implement the program on behalf of the City of Shakopee. NOW, THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA,that the appropriate City officials are hereby authorized to execute the Grant Contract for Operation NightCAP Program. Adopted in adjourned regular session of the City Council of the City of Shakopee, Minnesota,held this 17th day of March, 1998. Mayor of the City of Shakopee ATTEST: City Clerk RESOLUTION NO. 4 86 3 A RESOLUTION AUTHORIZING EXECUTION OF A GRANT CONTRACT FOR OPERATION NIGHTCAP PROGRAM Be it resolved that the City of Shakopee enters into a Grant Contract with the Minnesota Department of Public Safety, State Patrol Division for the program entitled Operation NightCAP. The appropriate City officials are hereby authorized to execute and sign such Grant Contracts, and amendments thereto, as are necessary to implement the program on behalf of the City of Shakopee. NOW, THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA,that the appropriate City officials are hereby authorized to execute the Grant Contract for Operation NightCAP Program. Adopted in adjourned regular session of the City Council of the City of Shakopee, Minnesota. held this 17th day of March, 1998. Mayor of the City of Shakopee ATTEST: City Clerk I certify that the above resolution was adopted by the (Executive Body) of (Name of Organization/Local Unit of Government) on (Date) SIGNED: WITNESSETH: Signature Signature Title Title Date Date CITY OF SHAKOPEE Memorandum /5". - - TO: Mayor and City Council CONSENT FROM: Mark McNeill, City Administrator SUBJECT: Change Order No. 2 - Fire Station Project DATE: March 11, 1998 INTRODUCTION: The Council is asked to consider a change order in favor of James Steele Construction Company, in the amount of$27,000, Change Order No. 2. BACKGROUND: Previously, the Council has been made aware that the contractor for the Fire Station Project, James Steele Construction Company,had filed a claim for extra costs incurred as a result of an inability to get fully onto the construction site at the beginning of the project. The problem was a seven week scheduling delay by Minnegasco crews to lower a high pressure gas main. The delay caused the contractor to have to work during an extremely wet July, which increased his costs. In reviewing with the City Attorney and Architect, the amount of the damages were negotiated to $27,000, an amount acceptable to both the Contractor and the City. The Architect has processed Change Order No. 2 in that amount. BUDGET IMPACT: Even with this change order, and items that have been approved, but not formally processed through the change order process, it is anticipated that the Fire Station Construction Project Budget will be within the contingency amount allocated for that purpose. RECOMMENDATION: I recommend that Change Order No. 2 be approved. ACTION REQUIRED: If the Council concurs, it should, by motion, authorize the appropriate City officials to execute Change Order No. 2, in favor of James Steele Construction Company, in the amount of$27,000. Lwi Mark McNeill City Administrator MM/tiv 3-17MEMO CHANGE Distribution to: ORDER OWNER ARCHITECT FIELD OTHER AIA DOCUMENT G701 PROJECT: CHANGE ORDER NO.: TWO ( 2 ) Shakopee Fire Station #2 (Revised&Re-issued) Veining Drive. Shakopee, MN 55379 TO: INITIATION DATE: March 12, 1998 James Steele Construction Co. 1410 Sylvan St. ARCHITECT'S PROJECT NO.: 1087.05 St. Paul, MN 55117 CONTRACT FOR: Complete Construction CONTRACT DATED: April 20, 1997 You are directed to make the following changes in this Contract: 1. Minnegasco Delay Settlement. By acceptance of this negotiated lump sum $27,000.00 settlement, all parties to the work relinquish all other past, present, and future claims against the each other, and the project, -with regard to the delays caused by Minnegasco and the weather. This settlement represents an equitable, fair, total, and final settlement of all claims, against each other-with regards to same. There will be no further claims against the project for any additional time, or incurred expenses Total of C.O. #2, including all Overhead & Profit $27,000.00 Not valid until signed by both the Owner and Architect. Signature of the Contractor indicates his agreement herewith, including any adjustment in the Contract Sum or Contract Time. The original Contract Sum was $ 2,455,325.00 Net change by previously authorized Change Orders $ 13,084.00 The Contract Sum prior to this Change Order was $ 2,468,409.00 The Contract Sum will be increased by this Change Order $ 27,000.00 The new Contract Sum including this Change Order will be $ 2,495,409.00 The Contract Time will be changed by 4 weeks The Date of Substantial Completion as of the date of this Change Order therefore is March 31, 1998 Authorized: Boarman Kroos Pfister Vogel &Assoc. Ja es :teele Co struction Co.. City of Shakopee. 222 N. 2nd Street 1,,10 Ivan Strz�t 129 Holmes Street Minneapolis, MN 55401 I. P. I, MN 551 7 Shakopee, MN 55379 ARCHITE,,, r $N RACTOR OWNER Boff �/�� Bicip _ 4.4, BY Date 9 Date I Z — 2 Date AIA DOCUMENT C701 * CHANGE ORDER * APRIL 1978 EDITION * AIA * 1978 THE AMERICAN INSTITUTE OF ARCHITECT, 1735 NEW YORK AVE., N.W., WASHINGTON, D.C.20006 /s . 6. .3 CONSENT CITY OF SHAKOPEE Memorandum TO: Honorable Mayor and City Council City Administrator,Mark McNeill FROM: Dan Hughes, Chief of Police 1 SUBJECT: Amendment to Council Resolution No. 4743 DATE: March 3, 1998 INTRODUCTION: The State of Minnesota, Department of Public Safety requests Council Resolution No. 4743 be amended to reflect recent changes in dates and specific identification of proper City officials. BACKGROUND: The Council passed Resolution No. 4743 during regular session on September 16, 1997. The resolution authorized the proper City officials to execute the CPR(Car Prowl Reduction) Grant with the Minnesota Department of Public Safety during the period from October 1, 1997 to October 1, 1998. The Grants Coordinator from the Department of Public Safety notified the Police Department on February 5, 1998 the language and dates used in the resolution are not sufficient to execute the grant. The letter established the dates of the project as September 1, 1997 to August 31, 1998. A follow-up phone conversation with the coordinator regarding the changes and the hardship these new dates would put upon the Police Department in meeting the requirements of the grant produced new, friendlier dates for the project. The coordinator established new dates for the project beginning on January 1, 1998 and concluding on December 31, 1998. The following amendments are requested by the Department of Public Safety: Paragraph 1; change dates to January 1, 1998 to December 31, 1998. Paragraph 2; change"proper City officials" to read "City Administrator and the Chief of Police" In order for the Police Department to receive the grant the above amendments must be passed. Upon receipt of the amended Resolution No. 4743 the Department of Public Safety will begin distributing the funds. ALTERNATIVES: 1. Amend Resolution No. 4743. 2. Do not amend Resolution No. 4743 RECOMMENDATION: Alternative#1. ACTION REQUESTED: Offer Resolution No. 4864, a resolution amending Resolution No. 4743 authorizing the City of Shakopee to enter into a cooperative agreement with the Minnesota Department of Public Safety for the project entitled Operation Car Prowl Reduction., and move its adoption. aughe , C o ice RESOLUTION NO. 4864 A RESOLUTION AMENDING RESOLUTION NO. 4743 AUTHORIZING THE CITY OF SHAKOPEE TO ENTER INTO A COOPERATIVE AGREEMENT WITH THE MINNESOTA DEPARTMENT OF PUBLIC SAFETY FOR THE PROJECT ENTITLED OPERATION CAR PROWL REDUCTION WHEREAS, on September 16, 1997, the City Council adopted Resolution No. 4743, adopting a cooperative agreement with the Minnesota Department of Public Safety for the project entitled Operation Car Prowl Reduction; and WHEREAS, the Minnesota Department of Public Safety requests Council Resolution No. 4743 be amended to reflect recent changes in dates and specific identification of proper city officials. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, AS FOLLOWS: That resolution No. 4743, Adopting a cooperative agreement with the Minnesota Department of Public Safety for the project entitled Operation Car Prowl Reduction, is hereby amended as follows: By changing the date October 1, 1997 to January 1, 1998. By changing the date October 1, 1998, to December 31, 1998. By Changing"proper City officials"to read"City Administrator and the Chief of Police." BE IT RESOLVED, that the Shakopee Police Department enter into a cooperative agreement with the Minnesota Department of Public Safety for the project entitled Operation CPR(Car Prowl Reduction) during the period from January 1, 1998 to December 31, 1998. BE IT FURTHER RESOLVED that the City Administrator and the Chief of Police be and hereby are authorized to execute such agreements, as are necessary to implement the project on behalf of the Shakopee Police Department. Passed in session of the City Council of the City of Shakopee, Minnesota, held this day of .1998. Mayor of the City of Shakopee Attest: City Clerk OFFICE OF THE COMMISSIONER % 445 Minnesota Street / Suite 1000 *I North Central Life Tower St.Paul,MN 55101-2128 TTY ONLY:(612)282-6555 ..21 Fax: (612)297-5728 ,��_ Telephone(VOICE):(612)296-6642 STATE OF MINNESOTA DEPARTMENT OF PUBLIC SAFETY February 5, 1998 Thomas L. Steininger Shakopee Police Department 476 Gorman Street Shakopee, MN 55379 Dear Mr. Steininger: I have been advised that your resolution is not sufficient to execute the COPS Overtime Grant Agreement. There are two issues: (1)The resolution must state, by name or title,the person that is authorized to execute the grant agreement. Your resolution just states"proper city officials". Even if we were to look to statute as to the meaning of proper officials,those persons would be the mayor and city clerk. The grant agreement was signed by the City Administrator and the Chief of Police. (2)The dates of the project and the dates of the resolution do not match. The project dates selected are September 1, 1997 to August 31, 1998. The dates on the resolution are October 1, 1997 to October 1, 1998. You need to obtain a resolution that indicates who is authorized to sign the agreement and that either leaves the dates out or indicates the dates above(September 1, 1997 to August 31, 1998). I have enclosed a copy of the resolution and the cover page of the grant application for your information. If you have any questions about this letter please feel free to call me at 612-297-1697. cerely - (t7,..--- , 4-')IC .C. Rosalind R. Sullivan Grants Coordinator Enclosures(2) AN EQUAL OPPORTUNITY EMPLOYER RESOLUTION NO. 4743 A RESOLUTION AUTHORIZING THE CITY OF SHAKOPEE TO ENTER INTO A COOPERATIVE AGREEMENT WITH THE MINNESOTA DEPARTMENT OF PUBLIC SAFETY FOR THE PROJECT ENTITLED OPERATION CAR PROWL REDUCTION BE IT RESOLVED,that the Shakopee Police Department enter into a cooperative agreement with the Minnesota Department of Public Safety for the project entitled Operation CPR(Car Prowl Reduction) during the period from October 1, 1997 to October 1, 1998. BE IT FURTHER RESOLVED that the proper City officials be and hereby are authorized to execute such agreement and amendments, as are necessary to implement the project on behalf of the Shakopee Police Department. Adopted in adjourned regular session of the City Council of the City of Shakopee, Minnesota,held this 16th day of September, 1997. 6 y r , vire City of Shakopee A FL EST: Cit erk IN WITNESS WHEREOF, the parties have caused the grant to be duly executed intending to be bound thereby. APPROVED 1. GRANTEE 2. DEPARTMENT OF PUBLIC SAFETY By: By: Title: Of `� 1�cl.,,.'nid 4i4- Title: Date: I $ 9 i3 Date By: difialf Title: o { 'R 1, C� of t o cx, Date — 3. ATTORNEY GENERAL 4. ENCUMBERED'BY Approved to sign on behalf of the Attorney General as to form and execution By: By: Date: Date: Person(s)signing the agreement and obligating GRANTEE to the conditions of the agreement, must be authorized. A certified copy of the resolution authorizing the GRANTEE to enter into this agreement and designating persons)to execute this agreement must be attached hereto. NOTICE TO GRANTEE: If GRANTEE is other than a government agency, it is required by Minnesota Statutes, Section 270.66, to provide the social security number or Minnesota tax identification number if it does business with the State of Minnesota. This information may be used in the enforcement of federal and state tax laws. Supplying these numbers could result in action to require you to file state tax returns and pay delinquent state tax liabilities. These numbers ill be available to federal and state tax authorities and state personnel involved in the payment of state obligations. 5 of 5 COPS/Overtime Grant/Shakopee Police Dept. CITY OF SHAKOPEE CONSENT Memorandum TO: Mayor and City Council Is. 13' / • FROM: Mark McNeill, City Administrator SUBJECT: James Steele Construction Company- Progress Payment#11 DATE: March 13, 1998 INTRODUCTION: The Council has asked to approve a payment for the Fire Station contractor, as a regular progress payment. BACKGROUND: On Thursday, March 12th, I received word from the project architect that paperwork was in progress for draw#11 for James Steele Construction Company. The amount of the payment being requested was$209,988.00. They are recommending that that be placed on the City Council agenda of March 17th for authorization. Unfortunately, this request came to late to be included in the normal claims list. Finance Director Voxland indicates that this could be done as a separate action item by the City Council. RECOMMENDATION: We recommend that progress payment#11, in the amount of$209,988.00 be authorized for payment to James Steele Construction Company. ACTION REQUIRED: If the Council concurs, it should,by motion, authorized payment of progress payment#11 to James Steele Construction Company. 1/11,c_tiiktLa Mark McNeill, City Administrator MM\tiv STEELE �s• c, l CITY OF SHAKOPEE MEMORANDUM CONSENT To: Mayor and City Council Mark McNeill, City Administrator From: Mark J. McQuillan, Parks and Recreation Director Subject: Outdoor Recreation Grant For Tennis Court Date: March 3, 1998 INTRODUCTION The Local Grants Unit, in the Department of Natural Resources, administers the Outdoor Recreation Grants Program. The program assist local governments in acquiring park land and developing or redeveloping outdoor recreation facilities.. Staff is requesting Council's authorization to make two applications for two different projects. One proposal is the acquisition of 10 acres adjacent to Tahpah Park, and the other project is the construction of tennis courts at Stans Park. The maximum amount a city can receive per project is $50,000. Applications are due March 31, 1998 BACKGROUND In 1997, the City applied for an Outdoor Recreation Grant to acquire the 10 acres next to Tahpah Park, but we were not able to complete the land appraisal before the grant application deadline. Therefore, we were eliminated from consideration. Staff would like to re-submit the application again and an also apply for funding of additional tennis courts at Stans Park. Cities may submit as many projects they wish, but only one project per community will be awarded in the same year. Staff feels both projects are worthy of being rated high on the list of eligible projects. A condition of the Outdoor Recreation Grant Program is that cities adopt a Resolution in support of the City's participation in the Outdoor Recreation Grant Program and submit the Resolution with its application. The City Council adopted a Resolution for the Tahpah Park Land Acquisition Project in 1997. A separate Resolution is needed for the Stans park Tennis Court Project. ALTERNATIVES • 1. Approve Resolution No. 4861. 2. Do not approve Resolution No.4861. 3. Table for further information from staff. RECOMMENDATION Staff recommends approving Resolution No. 4861, a Resolution in Support of the City's Participation in the Outdoor Recreation Grant Program. ACTION REQUESTED Offer Resolution No. 4861, a Resolution in support of the City of Shakopee's participation in the Minnesota Outdoor Recreation Grant Program, and move its adoption. 9144-viP4/4_ Mark J. McQuillan Parks and Recreation Director RESOLUTION NO. 4861 A RESOLUTION IN SUPPORT OF THE CITY OF SHAKOPEE'S PARTICIPATION IN THE MINNESOTA OUTDOOR RECREATION GRANT PROGRAM WHEREAS: it is the City of Shakopee shall act as the legal sponsor for the Stans Park Tennis Courts Project contained in the Outdoor Recreation Grant Program application; WHEREAS: the City of Shakopee has the legal authority to apply for financial assistance, and the institutional, managerial and financial capability to ensure adequate construction, operation, maintenance and replacement of the Stans Park Tennis Courts; WHEREAS: the City of Shakopee has not violated any Federal, State or Local laws pertaining to fraud, bribery, graft, kickbacks, collusion, conflict of interest or other unlawful or corrupt practice, and WHEREAS: upon the approval of the application by the state,the City of Shakopee may enter into an agreement with the State of Minnesota for the above-reference project, and that City of Shakopee certifies that it will comply with all applicable laws and regulations in the contract agreement and described in the Compliance's section of the Outdoor Recreation Grant Program Application. NOW, THEREFORE BE IT RESOLVED,the City of Shakopee hereby supports participating in the Minnesota Outdoor Recreation Grant Program and supports the use of local matching funds to be applied to at least 50% of the total project cost for Stans Park Tennis Courts. Adopted in Regular Session of the Shakopee City Council of the City of Shakopee, Minnesota, held this 2 day of March, 1998. Mayor of the City of Shakopee ATTEST: City Clerk IS, C. .2- • CITY OF SHAKOPEE CONSENT MEMORANDUM ►. To: Mayor and City Council Mark McNeill, City Administrator From: Mark J. McQuillan, Parks and Recreation Director Subject: Fishing Pier Agreement with State of Minnesota- Resolution No.4862 Date: March 5, 1998 INTRODUCTION Attached to this memo is a Fishing Pier/Shore Fishing Agreement and a Resolution accepting the conditions outlined within the agreement. (See Attachments A& B) The City Attorney has reviewed the agreement and finds it reasonable and acceptable. BACKGROUND In 1997, the City applied for and received preliminary approval for an 84 foot T-Dock fishing pier for O'Dowd Lake Park. The Minnesota Department of Natural Resources purchases and installs the fishing pier at no cost to the City. The Shakopee Rotary Club is donating up to $10,000 for the construction of an accessible pathway from the parking lot to the fishing pier. The fishing pier will be installed this summer. RECOMMENDATION Staff is recommending the City Council adopt Resolution No. 4862 and move for its adoption. ALTERNATIVES 1. Move to adopt Resolution No. 4862. 2. Do not adopt Resolution No. 4862 3. Table for further information from staff. RECOMMENDATION Staff recommends alternative#1 ACTION REQUESTED Offer Resolution No. 4862, Resolution accepting the conditions of the Fishing Pier/Shore Fishing Agreement established by the State of Minne �tAsi, and mov: for.;.doption. °774 1 Mark J/McQuillan Parks and Recreation Director MINNESOTA DEPARTMENT OF NATURAL RESOURCES EAST METRO AREA TRAILS AND WATERWAYS 1200 WARNER ROAD SAINT PAUL, MINNESOTA 55106 612.772.7937 February 3, 1998 Mark McQuillan Parks and Recreation Director 1255 Fuller Street Shakopee, Minnesota 55379 Subject: O'Dowd Lake Park Fishing Pier Dear Mark: Congratulations! Your fishing pier application was approved for 1998 for the above location. As part of the pier grant program,the local government sponsor is required to enter into a cooperative agreement with the Department of Natural Resources. Enclosed are five copies of a Fishing Pier Agreement for this project. Please have appropriate staff review the agreement for content. If it meets city approval, please have one elected official and one administrative staff person sign in the appropriate signature blocks on all five copies. Also, please include a map/layout of the site and a legal description as described as `Attachment B"of the agreement. Then return all five copies to me at the above address. They will be processed through our office for appropriate signatures. Once complete, you will receive a signed original for your records. The pier should be ready for delivery in late June. I will contact you prior to arrange installation details. Please call me if you have any questions at 772.7937. If not,please sign and return the enclosed with the site map and legal description. I appreciate your help in this cooperative project and look forward to working with you. Sincerely, g //4."/"7/ Sc tt J. Kellin rea Trails and Waterways Supervisor c: Bill Johnson Jerry Johnson Michael McDonough Tom Wanous G:\USERS\SCKELLIN\PIER.ODO A FISHING PIER/SHORE FISHING AGREEMENT This Agreement, between the State of Minnesota, acting by and through the Commissioner of the Department of NaturarResources, hereinafter referred to as the"State"and the City of Shakopee hereinafter referred to as the "local unit of government". WITNESSETH: WHEREAS, the Commissioner of Natural Resources has the authority, duty, and responsibility under Minnesota Statutes Section 97A.141 to provide public access sites on lakes and rivers where access is inadequate; and WHEREAS, the State and the local unit of government are authorized under Minnesota Statutes Section 471.59 to enter into agreements to jointly or cooperatively exercise common powers; and WHEREAS, the local unit of government and the State have determined that a fishing pier site on O'Dowd Lake hereinafter referred to as the"Fishing Pier"is of high priority under the state public water access program; and WHEREAS, plans for the Fishing Pier have been developed and approved by the State and are attached hereto as Exhibit"A"and shall be referred to as the"Plan"; and WHEREAS a Fishing Pier site location on O'Dowd Lake has been selected by the State and local unit of government as shown on the map attached hereto as"Exhibit"B"and is legally described as follows: (legal description);and WHEREAS, a resolution or copy of the LUG council/board meeting minutes authorizing the LUG to enter into this agreement is attached hereto; and WHEREAS,the State and local unit of government desire to cooperate in the installation and maintenance of the Fishing Pier on O'Dowd Lake. NOW,THEREFORE, in consideration of the mutual benefits to be derived by the public bodies hereto and for the benefit of the general public, the parties agree as follows: I. INSTALLATION Installation of the Fishing Pier structure itself shall be the responsibility of the State, however,the local unit of government shall provide personnel and equipment when feasible to assist with the installation. The local unit of government will construct and pay for a concrete footing and approach at the shoreline connecting the gangway to the shore. The local unit of government will also construct and pay for a hard surfaced,accessible sidewalk/path connecting the Fishing Pier to an accessible parking space. The local unit of government agrees to complete their portion of the project within one year of the effective date of this Agreement. II. OPERATION OF THE FISHING PIER The local unit of government shall operate the Fishing Pier in the following manner: A. The local unit of government shall comply with all local, state, and federal laws, regulations, rules, and ordinances which may apply to the management, operation, and maintenance of said premises. B. The Fishing Pier may only be used for fishing, observation and other compatible uses. C. The Fishing Pier and related facilities shall be free and remain open every day during open water season for at least sixteen(16)hours per day between the hours of 6:00 a.m. and midnight or in conjunction with existing and established local unit of government hours of use for its park facilities. The Fishing Pier may be closed by the local unit of government in emergency situations or with the prior written consent of the State. The State shall be notified within three(3)days if the Fishing Pier is closed for emergency reasons. D. Free and adequate parking in the vicinity will be provided for the Fishing Pier including at least one designated accessible parking space for persons with disabilities. E. The State reserves the right to inspect the premises at all times to insure that the local unit of government is in compliance with the terms of this Agreement. F. The local unit of government shall provide police protection in accordance with the local unit of government's customary practices in providing for the local unit of government's public park areas. G. The State shall post a sign informing the public that the Fishing Pier is cooperatively provided by the local unit of government and the Minnesota Department of Natural Resources. H. The State shall retain ownership of the Fishing Pier and retains the authority to relocate and/or remove the Fishing Pier if the site(Exhibit"B") is determined to be inadequate or if the local unit of government fails to comply with the terms of this Agreement. Before such removal or relocation, the State shall consult with the local unit of government. I. The local unit of government shall make a good faith effort to keep the Fishing Pier in clean and sightly order in accordance with the local unit of government's customary practices for the maintenance of public park areas. Additionally, the local unit of government shall provide all necessary routine maintenance and minor repairs including but not limited to the repair or replacement of decking and railing. The State shall assist the local unit of government with major structural repairs subject to the availability of funding according to the provisions of Paragraph III below. J. The local unit of government shall provide any permit or license to the State which it might require for the Fishing Pier. K. The local unit of government shall take necessary action no earlier than October 15°'of each year to protect the Fishing Pier from damage caused by ice action. Additionally, if necessary, the local unit of government shall return the Fishing Pier to its original location, Exhibit"B", no later than May 1s`of each year. III. FUNDING The State shall provide the Fishing Pier structure in accordance with the Plan. The cost of the Fishing Pier structure shall be borne by the State,except for any amount committed as a local match for the pier. The obligation of the State for the cost of repairs and structural improvements beyond the initial construction cost is limited to the amount of funds legislatively appropriated and administratively allocated to this project. IV. LIABILITY Each party agrees that it will be responsible for its own acts and the results thereof to the extent authorized by the law and shall not be responsible for the acts of the other party and the results thereof. The State's liability shall be governed by the provisions of the Minnesota Tort Claims Act, Minnesota Statutes Section 3.736, and other applicable law. The local unit of government's liability shall be governed by Minnesota Statutes Sections 466.01-466.15, and other applicable law. V. TERM This Agreement shall be effective on the date it is signed by the Commissioner of Natural Resources and shall remain in effect for a period of twenty(20)years except as otherwise provided herein or agreed to in writing by both parties. This agreement shall renew at the end of the term for an additional five(5)year period unless a party gives three(3)months written notice to the other party to terminate the agreement. This agreement shall continue to automatically renew at the end of each five(5)year period unless the required written notice is given. VI. AUDIT The books, records, documents, and accounting procedures and practices of the local unit of government relevant to this Agreement are subject to examination by the Commissioner of Natural Resources and the State Auditor. IN WITNESS WHEREOF,the parties have caused the Agreement to be duly executed intending to be bound thereby. DEPARTMENT OF NATURAL RESOURCES (Local Unit of Government) By: By: Title: Title: Date: Date: DEPARTMENT OF ADMINISTRATION (Local Unit of Government) per Administration Delegation Order 95-003 By: By: Title: - Title: Date: Date: APPROVED AS TO FORM AND EXECUTION HUBERT H. HUMPHREY III,Attorney General By: Title: Assistant Attorney General Date: A:wPOOOWO.WPO RESOLUTION NO.4862 A RESOLUTION ACCEPTING THE CONDITIONS OF THE FISHING PIER/SHORE FISHING AGREEMENT ESTABLISHED BY THE STATE OF MINNESOTA WHEREAS: it is the City of Shakopee shall act as the legal sponsor for the O'Dowd Lake Park Fishing Pier Project contained in the State of Minnesota Fishing Pier/Shore Fishing Agreement; WHEREAS: the City of Shakopee has the legal authority to apply for financial assistance, and the institutional, managerial and financial capability to ensure adequate construction, operation,maintenance and replacement of the O'Dowd Lake Fishing Pier; WHEREAS: the City of Shakopee has not violated any Federal, State or Local laws pertaining to fraud, bribery, graft,kickbacks,collusion, conflict of interest or other unlawful or corrupt practice, and WHEREAS: upon the approval of the agreement between the State of Minnesota and the City of Shakopee for the above-reference project,the City of Shakopee certifies that it will comply with all applicable laws and regulations in the contract agreement described in the Fishing Pier/Shore Fishing Agreement. NOW,THEREFORE BE IT RESOLVED, the City of Shakopee hereby agrees to the conditions described in the Fishing Pier/Shore Fishing Agreement for the location of a fishing pier at O'Dowd Lake Park, Shakopee,Minnesota. Adopted in Regular Session of the Shakopee City Council of the City of Shakopee, Minnesota,held this 2 day of March, 1998. Mayor of the City of Shakopee ATTEST: City Clerk - j5 Z . . CITY OF SHAKOPEE MEMORANDUM CONSENT To: Mayor and City Council Mark McNeill, City Administrator From: Mark J. McQuillan, Parks and Recreation Director Subject: Award Prairie Bend Park Asphalt Project to Prior Lake Blacktop,Inc. Resolution No. 4877. Date: March 11, 1998 INTRODUCTION In 1997,the City Council authorized staff to proceed in making improvements to Prairie Bend Park. The project consultant estimated the trail and basketball court would cost over$25,000. State Law requires governmental agencies to put out for bids projects or purchases exceeding $25,000. Bids for installing a bituminous trail and basketball court in Prairie Bend Park were received and opened on March 10, 1998 at Shakopee City Hall. BACKGROUND Three bids were submitted as follows: Bidders Bid Bond Trail Basketball CT Total Barber Construction 5% $21,054.00 $2,584.56 $23,638.56 Plehal Blacktopping 5% $20,020.00 $2,429.70 $22,449.70 Prior Lake Blacktop 5% $19,602.00 $2,381.64 $21,983.64 ALTERNATIVES 1. Move to award the Prairie Bend Park Asphalt Project to Prior Lake Blacktop,Inc. and adopt Resolution No.4877. 2. Move to award the Prairie Bend Park Asphalt Project to one of the other bidders and amend Resolution No. 4877 with the appropriate bidder. 3. Re-Reject all bids and re-bid the project. RECOMMENDATION Alternative#1. Staff has reviewed the bids and recommends awarding the project to the low bidder Prior Lake Blacktop,Inc. ACTION REQUESTED Offer Resolution No. 4877, a Resolution accepting bids for Prairie Bend Park Asphalt Project and awarding the project to the lowest bidder Prior Lake Blacktop, Inc., and move for its adoption. 7.)141 Z..&._ Mar J. McQui 9Ian Parks and Recreation Director RESOLUTION NO. 4877 A Resolution Accepting Bids on the Prairie Bend Park Asphalt Project WHEREAS: pursuant to an advertisement for bids for the Prairie Bend Park Asphalt Project, bids were received, opened and tabulated to law, and the following bids were received complying with the advertisement: Prior Lake Blacktop, Inc. $21,983.64 Plehal Blacktopping, Inc. $22,429.70 Barber Construction Company, Inc. $23,638.56 AND WHEREAS: it appears that Prior Lake Blacktop,Inc., 17025 Mushtown Road, Prior Lake, Minnesota 55372 is the lowest responsible bidder. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA: 1. The appropriate City officials are hereby authorized and directed to enter into a contract with Prior Lake Blacktop, Inc. in the name of the City of Shakopee for the 1998 Prairie Bend Park Asphalt Project according to plans and specifications therefore approved by the City Council and on file in the office of the City Clerk. 2. The City Clerk is hereby authorized and directed to return forthwith to all bidders the deposits made with their bids, except that the deposits of the successful bidder and the next lowest bidder shall be retained until a contract has been signed. Adopted in regular session of the City Council of the City of Shakopee, Minnesota, held the 17th day of March, 1998. Mayor of the City of Shakopee ATTEST: City Clerk /51D, 1. CITY OF SHAKOPEE Memorandum TO: Mayor and City Council Mark McNeill, City Administrator FROM: R. Michael Leek, Community Development Director SUBJECT: Seagate Technology-Environmental Assessment Worksheet (EAW) MEETING DATE: March 17, 1998 Introduction: The City Council is asked to make a negative declaration on the need for an environmental impact study(EIS)for the proposed project. Attached for the Council's consideration is Resolution No. 4869, setting forth findings of fact and making such a declaration. Also attached are copies of the comments received and the draft response to those comments. Discussion: Notice of the EAW for the East Dean Lake project was published in the June 30th EQB Monitor, as well as published in the City's official newspaper. The review and comment period thus officially closed on July 30, 1997. Despite that closing date, and in keeping with past practice, staff has accepted and is responding to comment received after July 30, 1997. Copies of the comment letters that were received, as well as the responses from the City have been attached as Exhibit A. The Minnesota Environmental Quality Board(EQB)guidelines for EAWs state that an EIS shall be ordered for a project that has the potential for significant environmental effects. In deciding whether a project has the potential for significant effects, the RGU compares the effects that are reasonably expected from the project with the following criteria: A. Type, extent and reversibility of environmental effects. B. Cumulative potential effects of related or anticipated future projects. C. The extent to which environmental effects are subject to mitigation by ongoing public regulatory authority. D. The extent to which environmental effects can be anticipated and controlled as a result of other environmental studies undertaken by public agencies or the public proposer or of EIS's previously prepared. SeagEAW/RML 1 The RGU must apply the criteria to the factual information contained in the EAW, the comments received on the EAW and the responses to the comments. After reviewing the four criteria, staff proposes the findings contained in the attached resolution. Alternatives: 1. Offer and approve Resolution No. 4869, A Resolution Making a Negative Declaration on the Need for an Environmental Impact Statement for the proposed Seagate Technology project. 2. Offer and approve Resolution No. 4869, A Resolution Making a Negative Declaration on the Need for an Environmental Impact Statement for the proposed Seagate Technology project with revisions. 3. Make a positive declaration on the need for an EIS, and direct staff to prepare the appropriate resolution. 4. Table the decision on the need for an EIS. Recommendation: Staff recommends Alternative No. 1. Action Requested: Offer and approve Resolution No. 4869, A Resolution Making a Negative Declaration on the Need for an Environmental Impact Statement for the proposed Seagate Technology project. R. Michael Leek Community Development Director SeagEAW/RML 2 RESOLUTION NO. 4869 A RESOLUTION MAKING A NEGATIVE DECLARATION ON THE NEED FOR AN ENVIRONMENTAL IMPACT STATEMENT FOR THE PROPOSED SEAGATE TECHNOLOGY PROJECT WHEREAS,the proposed Seagate Technology project required the preparation of an Environmental Assessment Worksheet(EAW); and WHEREAS,the City of Shakopee is the Responsible Governmental Unit(RGU) for preparation of the EAW; and WHEREAS,the City of Shakopee has prepared an EAW for the proposed project which was published, distributed and commented on in accordance with Minnesota Statutes, Chapter 116D and 4410 of the Minnesota Rules; and WHEREAS, the City of Shakopee has reviewed all comments received regarding the EAW; and WHEREAS,the City Council has made the following findings relative to the proposed project; FINDINGS OF FACT AND CONCLUSIONS Seagate Technology plans to relocate and combine four facilities to Shakopee. Pursuant to Minn.R. 4410.4300, subp. 14,B2, the City of Shakopee has prepared an Environmental Assessment Worksheet (EAW)for this proposed project. As to the need for an Environmental Impact Statement (EIS)on the project and based on the record in this matter, including the EAW and comments received,the City of Shakopee makes the following Findings of Fact and Conclusions: FINDINGS OF FACT I. PROJECT DESCRIPTION A. Project The proposed project involves the construction of a 340,000 square foot office and manufacturing facility in Shakopee. B. Project Site The proposed project is within a 34-acre area north of Scott CSAH16 and west of SeagEAW/RML 3 Scott CSAH 83 in northern Shakopee. There are currently no known environmental problems at the site. II. PROJECT HISTORY A. The project was subject to the mandatory preparation of an EAW under Minnesota R. 4410.4300, subp. 14, B2. B. An EAW was prepared on the proposed project and distributed to the Environmental Quality Board(EQB)mailing list and other interested parties on January 16, 1998. C. A press release containing the notice of availability of the EAW for public review was provided to media serving the project area and was published on January 22, 1998. D. The EAW was noticed in the January 26, 1998 EQB Monitor. The public comment period ended on February 25, 1998. Comment letters were received from the Minnesota Historical Society, the Minnesota Pollution Control Agency(MPCA), Metropolitan Council, Minnesota Department of Health, and the Department of Natural Resources(DNR). Copies of the letters are hereby incorporated by reference. Responses to the comments are also incorporated by reference. M. CRITERIA FOR DETERMINING THE POTENTIAL FOR SIGNIFICANT ENVIRONMENTAL EFFECTS Minnesota R.4410.1700, subp. 1 states that "an EIS shall be ordered for projects that have the potential for significant environmental effects." In deciding whether a project has the potential for significant environmental effects,the City of Shakopee must consider the four factors set out in Minnesota R.4410.1700, subp. 7. With respect to each of these factors,the City finds as follows: A. TYPE, EXTENT, AND REVERSIBILITY OF ENVIRONMENTAL EFFECTS The first factor that the City of Shakopee must consider is "type, extent and reversibility of environmental effects," Minnesota R.4410.1700, subp. 7.A. The City of Shakopee findings with respect to each of these issues are set forth below. 1. The type of environmental impacts anticipated as part of this project include: a. An increased storm water runoff volume and runoff pollutants b. Increased water use SeagEAW/RML 4 c. Increased wastewater discharge d. The presence of hazardous materials(i.e. liquid nitrogen tank) e. Increased noise due to traffic within the area. These impacts will be mitigated through the permitting and plan approval processes. 2. The extent and reversibility of environmental impacts are consistent with those of commercial development. B. CUMULATIVE POTENTIAL EFFECTS OF RELATED OR ANTICIPATED FUTURE PROJECTS The second factor that the City of Shakopee must consider is the • cumulative potential effects of related or anticipated future projects, "Minnesota R.4410.1700. subp. 7.B. The City's findings with respect to this factor are set forth below. 1. The construction of the Seagate facility will be in two phases. Phase I involves the construction of 260,000 square feet of office space, labs/test floors, and clean rooms with completion by October 1998. Phase II includes the addition of 80,000 square feet of labs/test floors with completion by May 2002. These two phases are the only anticipated future projects at the site and the impacts have been adequately addressed by the EAW. C. THE EXTENT TO WHICH ENVIRONMENTAL EFFECTS ARE SUBJECT TO MITIGATION BY ONGOING PUBLIC REGULATORY AUTHORITY 1. The following permits or approvals will be required for the project: Unit of Government Permit or Approval Required Federal: US EPA Hazardous Waste ID# State: Department of Health Plumbing plan approval MPCA • National Pollutant Discharge Elimination System(NPDES) Regional: Metropolitan Council Industrial Waste Water Discharge Permit Scott County Hazardous Waste Permit SeagEAW/RML 5 Local: City of Shakopee Plan Approval City of Shakopee Building Permit 2. Storm water management must conform to the NPDES permit requirements and to the regulations and policies of the City of Shakopee, as well as the Wetland Conservation Act of 1991 through the City of Shakopee. 3. The City of Shakopee finds that the potential environmental affects of the project are subject to mitigation by ongoing regulatory authorities such that an EIS not be prepared. D. THE EXTENT TO WHICH ENVIRONMENTAL EFFECTS CAN BE ANTICIPATED AND CONTROLLED AS A RESULT OF OTHER ENVIRONMENTAL STUDIES UNDERTAKEN BY PUBLIC AGENCIES OR THE PROJECT PROPOSER, OR OF EIS's PREVIOUSLY PREPARED ON SIMILAR PROJECTS. The fourth factor that the City of Shakopee must consider is "the extent to which environmental effects can be anticipated and controlled as a result of other environmental studies undertaken by public agencies or the project proposer, or of EIS's previously prepared on similar projects," Minnesota R.4700.1700, subp. 7.D. The City's findings with respect to this factor are set forth below: The environmental impacts of the proposed project have been addressed in the following plans prepared by the City: 1. City of Shakopee Comprehensive Storm Water Management Plan 2. City of Shakopee Transportation Plan(draft form) 3. Shakopee Public Utilities Commission Comprehensive Sanitary and Sewer Plan 4. City of Shakopee Comprehensive Water Plan 5. City of Shakopee Comprehensive Plan The City finds that the environmental effects of the project can be anticipated and controlled as a result of the environmental review, planning, and permitting processes undertaken by the City on similar projects. CONCLUSIONS SeagEAW/RML 6 1. The EAW, the permit development process, and comments received on the EAW have generated information adequate to determine whether the proposed facility has the potential for significant environmental effects. 2. Areas where the potential for significant environmental effects may have existed have been identified and appropriate mitigative measures have been incorporated into the project design and permits. The proposed facility is expected to comply with all the City of Shakopee standards and review agency standards. 3. Based on the criteria established in Minnesota R.4410.1700,the project does not have the potential for significant environmental effects. 4. An Environmental Impact Statement is not required. • 5. Any findings that might properly be termed conclusions and any conclusions that might properly be termed findings are hereby adopted as such by the Shakopee City Council with appropriate signatures below. NOW, THEREFORE, BE IT RESOLVED by the Shakopee City Council that there is no need for an Environmental Impact Statement and a negative declaration is hereby made on the proposed East Dean Lake PUD. Adopted in session of the City Council of the City of Shakopee, Minnesota held this day of , 1998. Mayor of the City of Shakopee ATTEST: City Clerk Prepared by: The City of Shakopee 129 S. Holmes St. Shakopee, MN 55379 SeagEAW/RML 7 Exhibit A: Review Letters SeagEAW/RML 8 FEB-25 98 15:12 FROM: TO:612 445 6718 PAGE:01122 Metropolitan Council Working for the Region, Planning for the Future simmimmommimiimlimmol February 19, 1998 r113 2. 5 1998 Mr. Michael Leek City of Shakopee 129 Holmes Street Shakopee, MN 55379 RE: Seagate Facility --Environmental Assessment Worksheet Metropolitan Council District 5 Referral File No. 16693-4 Dear Mr. Leek: Council staff has conducted a review of this environmental assessment worksheet(EAW) to determine its adequacy and accuracy in addressing regional concerns. The staff review has concluded that the EAW is complete and accurate with respect to regional concerns and raises no major issues of consistency with Council policies. An EIS is not necessary for regional purposes. However, staff provides the following comments for your consideration: Item 10- Cover Types The project proposes to alter roughly 34 acres of brush/grassland within the project area and replace it with 25 acres of impervious surface and 9 acres of urban/suburban lawn landscaping. Storrnwater runoff generated from the site will first be directed to a small stormwater detention basin before being directed into a regional stormwater basin (as designated by the City's Comprehensive Stormwater Management Plan). This complies with Council policies,the intent.of the Wetland Conservation Act, Watershed Management Organization policies, and Minnesota Statute Section 103B.3365, Guidelines on Water Retention, developed by the Board of Water and Soil Resources. Advisory Comments Council staff suggests that the project's proposer consider vegetating the urban/suburban lawn landscaping area with deep-rooted self-sustaining native vegetation rather than an urban turf grass. Not only does the deep-rooted native vegetation have a lower erosion quotient than turf grass,but the native vegetation will reduce runoff and promote infiltration. Additionally,because of the deep-rooted nature of native vegetation,it needs less(if any)watering during dry periods than does the shallow-rooted urban turf grass. Water use for landscaping could be reduced by several acre-feet of water each year. 310 f:uz,l rill SIN.,•I SI. Paul. Mltnttr.wd<t 55101.1634 (012)291 (1y54 r'a)1 291-6550 TI]f)/•1'IY 2 11-0004 Meiru Info I.il)F 224-9780 An I:Vnul Opp ow-WI,Cmpl,urr FEB-25 98 15:12 FROM: TO:612 445 6718 PAGE:02/02 • Michael Leek February 19, 1998 Page 2 This will conclude the Council's review of the EAW. No formal action on the EAW will be taken by the Council. If you have any questions or need further information,please contact Alex-Edmund DaHinten, principal reviewer,at 602-1617. Sincerely, ita&-13)4(1 Helen Boyer Director,Environmental Services Division og cc: Neil Peterson, Metropolitan ncil District 5 Keith Buttleman, Director, vironmental Planning and Evaluation Department Thomas C. McElveen,Deputy Director, Community Development Division Richard Thompson, Supervisor,Comprehensive Planning Randy Anhorn, Don Bluhm, MCES; Ann Braden,Chauncey Case,Transportation Lynda Voge, Audrey Dougherty, Alex-Edmund DaHinten,OLA Carl Schenk, Sector Representative; Phyllis Hanson, Parks. SK 16(934.DOC OF MINyFs ��►► Minnesota Department of Natural Resources v it m ' ` 500 Lafayette Road IRECEINEI[?]St.Paul,Minnesota 55155.10_ Y u i rJ iiir/ OFNATURPV 1-E1:3 2 1998 February 24, 1998 Michael Leek, City Planner City of Shakopee 129 Holmes Street Shakopee, MN 55379 RE: Construction of the Seagate Facility Environmental Assessment Worksheet (EAW) Dear Mr. Leek: The Department of Natural Resources (DNR) has reviewed the EAW for Construction of the Seagate Facility project. We have no comments to offer on natural resource issues at this time. We do not recommend preparation of an environmental impact statement (EIS) for the project. Thank you for the opportunity to review this project. We look forward to receiving your record of decision and responses to comments. Minnesota Rules part 4410.1700, subparts 4 & 5, require you to send us your Record of Decision within five days of deciding this action. Please contact Bill Johnson of my staff at (612) 296-9229 if you have questions regarding this letter. Sincerely, Thomas W. Balcom, Supervisor Environmental Review and Assistance Unit Office of Management and Budget Services c: Kathleen Wallace Con Christianson Bret Anderson Lynn M. Lewis, USFWS Gregg Downing, EQB #980221-01 SEAGATE.WP7 DNR Information:612-296-6157, 1-800-76g-6000 • TTY:612-296-5484, 1-800-657-3929 An Equal Opportunity Employer Printed on Recycled Paper Containing a Who Values Diversity `43 Minimum of 10%Post-Consumer Waste FEB-23-1998 14 55 MPCA EPRO/ASD 612 297 8324 P.01/82 Minnesota Pollution Control Agency Post-It'Fax Note 7671- Date 4t -a3 pageeo February 23, 1998 To ,,,^,�f From nadAJ CoJDe . " ` Co. [-1 PCA Mr. Michael Leek Phone# Phone# City of Shakopee Fax#41-4/5• 6?/$ Fax# 129 Holmes Street Shakopee,Minnesota 55379 Re: Environmental Assessment Worksheet- Seagate Technology (Seagate Facility for Twin Cities Operations) Dear Mr. Leek: The Minnesota Pollution Control Agency's staff has reviewed the Environmental Assessment Worksheet(EAW) for the Seagate Technology project. This project consists of the construction of a manufacturing and office building in northern Shakopee. We have the following comments for consideration and response by the city in its decision on the need for an Environmental Impact Statement, and prior to permitting and construction of the project. Item 18. Water Quality-Surface Water Runoff The city has a Comprehensive Storm Water Management Plan. Nevertheless,we would like to emphasize that best management practices must be followed during construction and operation of the project. The proposers should strive to minimize the impacts from surface water runoff. To satisfy the construction storm water general permit,runoff should be directed to a wet sedimentation pond, or ponds, during and after construction. Wet detention ponds should be designed to the criteria in the general permit, such as the removal of particles five microns in size and larger. The ponds should also be designed to support water quality goals for the Minnesota River, as noted in the EAW. Reasonable treatment goals are 60 percent removal of phosphorus and 70 percent reduction in sediment. Appropriate management of landscaping and fertilization rates,and minimizing the amount of impervious surface will also help maintain the quality of the watershed. Item 22. Traffic and Item 23. Vehicle-related Air Emissions The EAW has adequately addressed both traffic and air quality impacts expected from the proposed project. The EAW discussed some of the potential traffic impacts expected as a result of the proposed project. A level of service capacity analysis,however,was not included in the EAW. The traffic analysis shows that no significant capacity problems are expected with the existing roadway system and traffic generated by the proposed project. The County State Aid Highway 83 and 12th Avenue intersection is currently controlled with a stop sign. This intersection will need to be monitored to determine when warrants for a traffic signal are met. Post-its Fax Noter76711 Date2/2 - pag1 s To From � r1l9PrA rt I—► � -� Co./Dept. Co. 520 Lafayette F Phone# G� Phone# ?(TTY) Reg Equal Opportunity E Fax# Fax# nsumers. FEB-23-1998 14:55 MPCA EPRO/ASD 612 297 8324 P.02/02 Mr. Michael Leek • Page 2 The roadway improvements recommended in the EAW should be implemented when necessary to improve traffic within the vicinity of the project site. The roadway improvements will help to reduce the potential for traffic congestion and improve traffic flow. We would also like to encourage Seagate and its employees to consider transit, carpools or vanpools,bicycling, flex-time,and other options to reduce the impacts of traffic. An air quality analysis was conducted for the project. It showed that both the one hour and eight-hour maximum carbon monoxide(CO) concentrations for the years 2000 and 2002 are below the state standards. It is not clear,however,if the maximum CO concentrations for the year 2002 have been rounded or if they include the background CO concentrations. This should be discussed to verify that the standards are met. Thank you for the opportunity to review this project. We look forward to receiving your written responses to these comments. If you have any questions,please contact Barbara Conti, of my staff, at 612/296-6703. Sincerely, Paul Hoff, Director Environmental Planning and Review Office Administrative Services Division PH:cma cc: Gregg Downing,Environmental Quality Board Jeffrey Mayer, Seagate Technology TOTAL P.02 tRECIEUCED LO 1 6 1998 SHAKOPEE PUBLIC UTILITIES COMMISSION MEMORANDUM TO: Michael Leek, Shakopee Community Development Director FROM: Joseph D. Adams, SPUC Administrative Assistant RE: SEAGATE EAW,WSB PROJECT No. 1014.32 DATE: 2/26/98 I have completed our review of the subject EAW and can report to you that I did not find any glaring omissions or misstatements of fact. I realize that the official deadline for submitting review comments was yesterday,but thought you would appreciate a response from SPUC for the record. Please call me with any questions. Thank you. CITY OF SHAKOPEE Memorandum To: Shakopee City Council Shakopee Planning Department David Wulff, Minnesota Department of Health Britta Bloomberg, State Historical Society Paul Hoft Minnesota Pollution Control Agency Helen Boyer, Metropolitan Council Thomas Balcom,Minnesota Department of Natural Resources From: Michael Leek, City of Shakopee Date: March 12, 1998 Re: Responses to comments received as part of the EAW process for the proposed Seagate facility in Shakopee Enclosed, please find responses to comments received as part of the EAW process for the proposed Seagate Technology facility in Shakopee. Item 8 Comment The Minnesota Plumbing Code requires that a buried sewer or drain be located at least 10 feet from a buried water service line, or if this distance cannot be maintained, the installation and materials must comply with Minnesota Rules, Chapter 4715.1710, subp. 2. Plumbing plan approval from the MDH will be necessary for this project. Please call the state plumbing regulation program at 215- 0836 if you have any questions. -Minnesota Department of Health Response The project will be in compliance with Minnesota Rules, Chapter 4715.1710, subp. 2. Once the plumbing plan is available for this facility, it will be submitted to you for your approval. Item 10 Comment Council staff suggests that the project's proposer consider vegetating the urban/suburban lawn landscaping area with deep- rooted self-sustaining native vegetation rather than an urban turf grass. Not only does the deep-rooted native vegetation have a lower erosion quotient than turf grass, but the native vegetation will reduce runoff and promote infiltration. Additionally, because of the deep-rooted nature of native vegetation, it needs less(if any) watering during dry periods than does the shallow-rooted urban turf grass. Water use for landscaping could be reduced by several acre-feet of water each year. -Metropolitan Council Response No response is necessary. Items 13a and 20b Comment We acknowledge the statement in Item 13.a(p.3)that this project will not involve the installation or abandonment of any wells. We also acknowledge the statement in Item 20. B (p. 5)that there are no wells within the project boundaries. However, it is not clear if the information was obtained solely from well records or from a field well inventory. We frequently caution project proposers that databases are not all-encompassing. Often old wells from previous land uses, especially agricultural uses such as grazing, were forgotten when land was sold or transferred in the past. We recommend a field well inventory be performed, if one has not been done, to determine in advance the locations of any existing water supply wells across the entire property. Particular attention should be made in the areas where construction will take place, along the routes of the roadway, driveways, and the sanitary sewer lines, and in the areas shown on air photos, old maps, etc. where any farmsteads or homes have been located on this property, as well as along property boundaries where wells on adjacent properties may still exist. Please note that water supply wells may be either active or unused, unsealed wells, and include non-potable supplies such as monitoring wells, old irrigation or animal watering wells, sand- points, etc., as well as potable drinking water wells. -Minnesota Department of Health Response A field well survey will be conducted prior to the onset of site development activities. Comment Minnesota Rules, Chapter 4725 specifies that the setback distance between a water supply well and a storm water pipe or conduit must be 20 feet if the pipe is 12 inches in diameter or greater;there is not setback distance requirement if the pipe is less than 12 inches in diameter. However, the minimum isolation distance between a storm water pipe and a community public water supply well (i.e. a municipal well) must be 50 feet. If the pipe carries sewage or sewage can back up in the pipe, the piping is considered a sewer, not a storm water drain. Minnesota Rules, Chapter 4725, also require that construction activities must not bury any well. -Minnesota Department of Health Response The project will be in compliance with Minnesota Rule, Chapter 4725. Comment Minnesota Statutes, section 1031.205 prohibits the placement of buried sewers, or any other regulated source of contamination, any closer to an existing water supply well (active or unused, unsealed) that the distance prescribed by the Minnesota Rules, Chapter 4725. The rules specify the following setback distances between water supply wells and buried sanitary sewers, including the building drains connected to the building sewer line: 50 feet: A minimum setback distance of at least 50 feet must be maintained between a well and a buried sewer if the sewer: a. is a collector or municipal sewer; b. is pressurized and serves more than a single-family residence; c. is open jointed; or d. is constructed of materials that do not meet the material, installation and testing requirements in the Minnesota Plumbing Code. 20 feet: The 50-foot separation may be reduced to 20 feet if the sewer meets the material, installation and testing requirements in the Minnesota Plumbing Code, AND it is: a. a buried, gravity sewer that serves a single-family residence or a single facility such as a business, church, school, or single commercial property. (This does not include collectors or municipal sewers); or b. a buried, pressurized sewer that serves a single-family residence. However, the minimum isolation distance from a community public water supply well and any type of contamination source, including any sewer line, is 50 feet. Minnesota Statutes, section 1031 requires that any unused, unsealed well(s)be repaired and put back into service or be sealed by a licensed well contractor, in accordance with the Minnesota Rules, Chapter 4725. An unused, unsealed well may also be addressed by obtaining an annual maintenance permit($100 fee) from the MDH. Maintenance permits are granted only if the well meets certain conditions. Once a well is sealed by a licensed well contractor in accordance with requirements of the rules,the isolation distance is no longer an issue. -Minnesota Department of Health Response The project will be in compliance with Minnesota Statutes, section 1031 and Minnesota Rules Chapter 4725. Comment We recommend careful planning to consider where to locate stubs for any city trunk sewers and future service lines or other connections, in order to maintain the isolation distances from wells on adjacent properties and buried water service lines as future development occurs. -Minnesota Department of Health Response The location of stubs will maintain isolation distances from wells and water service lines. Comment We acknowledge the statement in Item 20. B (p 5)that there are two municipal wells adjacent to the site, and the ground around those wells will be filled to avoid potential impacts to groundwater. The City of Shakopee is participating with other cities in Scott County in developing a regional groundwater model, in order to prepare the city's mandated Wellhead Protection Plan. The area immediately around the city's wells, which includes a part of the capture zone of the wells, must be carefully managed to protect the water quality of the wells. Please contact Bruce Olsen at 215-0796 at the MDH Sourcewater Protection Unit for information before any work, including placement of fill, is performed in the area of the city wells. -Minnesota Department of Health Response The MDH Sourcewater Protection Unit may be contacted before work is performed in the around the city wells. Item 18 Comment The city has a Comprehensive Storm Water Management Plan. Nevertheless, we would like to emphasize that best management practices must be followed during construction and operation of the project. The proposers should strive to minimize the impacts from surface water runoff. To satisfy the construction storm water general permit, runoff should be directed to a wet sedimentation pond, or ponds, during and after construction. Wet detention ponds should be designed to the criteria in the general permit, such as the removal of particles five microns in size and larger. The ponds should also be designed to support water quality goals for the Minnesota River, as noted in the EAW. Reasonable treatment goals are 60 percent removal of phosphorous and 70 percent reduction in sediment. Appropriate management of landscaping and fertilization rates, and minimizing the amount of impervious surface will also help maintain the quality of the watershed. -Minnesota Pollution Control Agency Response The storm water runoff from this site will be treated to NURP recommendations and consistent with the City's Comprehensive Storm Water Management Plan. Storm water treatment to NURP recommendations anticipates removing 40-60 percent of the phosphorous and 70-90 percent of total suspended solids. Item 22 Comment The EAW has adequately addressed both traffic and air quality impacts expected from the proposed project. The EAW discussed some of the potential traffic expected as a result of the proposed project. A level of service capacity analysis, however, was not included in the EAW. The traffic analysis shows no significant capacity problems are expected with the existing roadway system and traffic generated by the proposed project. The County State Aid Highway 83 and 12th Avenue intersection is currently controlled with a stop sign. This intersection will need to be monitored to determine when warrants for a traffic signal are met. The roadway improvements recommended in the EAW should be implemented when necessary to improve traffic within the vicinity of the project site. The roadway improvements will help to reduce the potential for traffic congestion and improve traffic flow. We would also like to encourage Seagate and its employees to consider transit, carpools or vanpools, bicycling, flex-time, and other options to reduce the impacts of traffic. • -Minnesota Pollution Control Agency Response A capacity for level of service(LOS) analysis was completed for the intersection of CSAH 16 at the site entrance and CSAH 83 at 12th Avenue. Both intersections would operate at LOS of C or better with the proposed site traffic. The intersection of CSAH 83 and 12th Ave will be monitored to determine when signalization is warranted. It is anticipated that the intersection will be signalized within two to five years as a result of traffic increases on CSAH 83. Item 23 Comment Air quality analysis was conducted for the project. It showed that both the one hour and eight-hour maximum carbon monoxide(CO) concentrations for the years 2000 and 2002 are below the state standards. It is not clear, however, if the maximum CO concentrations for the year 2002 have been rounded or if they include the background CO concentrations. This should be discussed to verify that the standards are met. -Minnesota Pollution Control Agency Response The Table provided in item 23 represents the results of the air quality analysis for the proposed project years from 1996-2002 and does include the background CO concentrations. Item 26a Comment There are no properties listed on the National or State Registers of Historic Places, and no known or suspected archaeological properties in the area that will be affected by this project. Therefore, in our opinion, the "no" response to question 26a is appropriate. -State Historic Preservation Office Response No further response is necessary. General Comments Comment We have no comments to offer on natural resource issues at this time. We do not recommend preparation of an environmental impact statement (EIS)for the project. -Minnesota Department of Natural Resources Response No further response is necessary. Revised 3/16/1998 CITY OF SHAKOPEE ' . I • Memorandum TO: Mayor and City Council Mark McNeill, City Administrator FROM: R. Michael Leek, Community Development Director SUBJECT: Seagate Technology-Environmental Assessment Worksheet (EAW) MEETING DATE: March 17, 1998 Introduction: The City Council is asked to make a negative declaration on the need for an environmental impact study(EIS)for the proposed project. Attached for the Council's consideration is Resolution No. 4869, setting forth findings of fact and making such a declaration. Also attached are copies of the comments received and the draft response to those comments. Discussion: Notice of the EAW for the Seagate project was published in the January 26th EQB Monitor, as well as published in the City's official newspaper. The review and comment period thus officially closed on February 25th, 1998. Copies of the comment letters that were received, as well as the responses from the City have been attached as Exhibit A. The Minnesota Environmental Quality Board (EQB)guidelines for EAWs state that an EIS shall be ordered for a project that has the potential for significant environmental effects. In deciding whether a project has the potential for significant effects, the RGU compares the effects that are reasonably expected from the project with the following criteria: A. Type, extent and reversibility of environmental effects. B. Cumulative potential effects of related or anticipated future projects. C. The extent to which environmental effects are subject to mitigation by ongoing public regulatory authority. D. The extent to which environmental effects can be anticipated and controlled as a result of other environmental studies undertaken by public agencies or the public proposer or of EIS's previously prepared. The RGU must apply the criteria to the factual information contained in the EAW, the comments received on the EAW and the responses to the comments. After reviewing the four criteria, staff proposes the findings contained in the attached resolution. SEAGEAW.DOC/RML 1 Revised 3/16/1998 Alternatives: 1. Offer and approve Resolution No. 4869, A Resolution Making a Negative Declaration on the Need for an Environmental Impact Statement for the proposed Seagate Technology project. 2. Offer and approve Resolution No. 4869, A Resolution Making a Negative Declaration on the Need for an Environmental Impact Statement for the proposed Seagate Technology project with revisions. 3. Make a positive declaration on the need for an EIS, and direct staff to prepare the appropriate resolution. 4. Table the decision on the need for an EIS. Recommendation: Staff recommends Alternative No. 1. Action Requested: Offer and approve Resolution No. 4869, A Resolution Making a Negative Declaration on the Need for an Environmental Impact Statement for the proposed Seagate Technology project. R. Michael Leek Community Development Director SEAGEAW.DOC/RML 2 Revised 3/16/1998 RESOLUTION NO. 4869 A RESOLUTION MAKING A NEGATIVE DECLARATION ON THE NEED FOR AN ENVIRONMENTAL IMPACT STATEMENT FOR THE PROPOSED SEAGATE TECHNOLOGY PROJECT WHEREAS,the proposed Seagate Technology project required the preparation of an Environmental Assessment Worksheet(EAW); and WHEREAS,the City of Shakopee is the Responsible Governmental Unit(RGU) for preparation of the EAW; and WHEREAS,the City of Shakopee has prepared an EAW for the proposed project which was published, distributed and commented on in accordance with Minnesota Statutes, Chapter 116D and 4410 of the Minnesota Rules; and WHEREAS,the City of Shakopee has reviewed all comments received regarding the EAW; and WHEREAS,the City Council has made the following findings relative to the proposed project; FINDINGS OF FACT AND CONCLUSIONS Seagate Technology plans to relocate and combine four facilities to Shakopee. Pursuant to Minn.R. 4410.4300, subp. 14,B2,the City of Shakopee has prepared an Environmental Assessment Worksheet(EAW)for this proposed project. As to the need for an Environmental Impact Statement(EIS)on the project and based on the record in this matter, including the EAW and comments received, the City of Shakopee makes the following Findings of Fact and Conclusions: FINDINGS OF FACT I. PROJECT DESCRIPTION A. Project The proposed project involves the construction of a 340,000 square foot office and manufacturing facility in Shakopee. B. Project Site The proposed project is within a 34-acre area north of Scott CSAH16 and west of SEAGEAW.DOC/RML 3 Revised 3/16/1998 Scott CSAH 83 in northern Shakopee. There are currently no known environmental problems at the site. II. PROJECT HISTORY A. The project was subject to the mandatory preparation of an EAW under Minnesota R 4410.4300, subp. 14, B2. B. An EAW was prepared on the proposed project and distributed to the Environmental Quality Board (EQB)mailing list and other interested parties on January 16, 1998. C. A press release containing the notice of availability of the EAW for public review was provided to media serving the project area and was published on January 22, 1998. D. The EAW was noticed in the January 26, 1998 EQB Monitor. The public comment period ended on February 25, 1998. Comment letters were received from the Minnesota Historical Society, the Minnesota Pollution Control Agency(MPCA), Metropolitan Council, Minnesota Department of Health, and the Department of Natural Resources(DNR). Copies of the letters are hereby incorporated by reference. Responses to the comments are also incorporated by reference. III. CRITERIA FOR DETERMINING THE POTENTIAL FOR SIGNIFICANT ENVIRONMENTAL EFFECTS Minnesota R.4410.1700, subp. 1 states that "an EIS shall be ordered for projects that have the potential for significant environmental effects." In deciding whether a project has the potential for significant environmental effects,the City of Shakopee must consider the four factors set out in Minnesota R.4410.1700, subp. 7. With respect to each of these factors,the City finds as follows: A. TYPE,EXTENT,AND REVERSIBILITY OF ENVIRONMENTAL EFFECTS The first factor that the City of Shakopee must consider is "type, extent and reversibility of environmental effects," Minnesota R.4410.1700, subp. 7.A. The City of Shakopee findings with respect to each of these issues are set forth below. 1. The type of environmental impacts anticipated as part of this project include: a. An increased storm water runoff volume and runoff pollutants b. Increased water use SEAGEAW.DOC/RML 4 Revised 3/16/1998 c. Increased wastewater discharge d. The presence of hazardous materials(i.e. liquid nitrogen tank) e. Increased noise due to traffic within the area. These impacts will be mitigated through the permitting and plan approval processes. 2. The extent and reversibility of environmental impacts are consistent with those of commercial development. B. CUMULATIVE POTENTIAL EFFECTS OF RELATED OR ANTICIPATED FUTURE PROJECTS The second factor that the City of Shakopee must consider is the cumulative potential effects of related or anticipated future projects, "Minnesota R.4410.1700. subp. 7.B. The City's findings with respect to this factor are set forth below. 1. The construction of the Seagate facility will be in two phases. Phase I involves the construction of 260,000 square feet of office space, labs/test floors, and clean rooms with completion by October 1998. Phase II includes the addition of 80,000 square feet of labs/test floors with completion by May 2002. These two phases are the only anticipated future projects at the site and the impacts have been adequately addressed by the EAW. C. THE EXTENT TO WHICH ENVIRONMENTAL EFFECTS ARE SUBJECT TO MITIGATION BY ONGOING PUBLIC REGULATORY AUTHORITY 1. The following permits or approvals will be required for the project: Unit of Government Permit or Approval Required Federal: US EPA Hazardous Waste ID# State: Department of Health Plumbing plan approval MPCA • National Pollutant Discharge Elimination System(NPDES) Regional: Metropolitan Council Industrial Waste Water Discharge Permit Scott County Hazardous Waste Permit SEAGEAW.DOC/RML 5 Revised 3/16/1998 Local: City of Shakopee Plan Approval City of Shakopee Building Permit 2. Storm water management must conform to the NPDES permit requirements and to the regulations and policies of the City of Shakopee, as well as the Wetland Conservation Act of 1991 through the City of Shakopee. 3. The City of Shakopee finds that the potential environmental affects of the project are subject to mitigation by ongoing regulatory authorities such that an EIS not be prepared. D. THE EXTENT TO WHICH ENVIRONMENTAL EFFECTS CAN BE ANTICIPATED AND CONTROLLED AS A RESULT OF OTHER ENVIRONMENTAL STUDIES UNDERTAKEN BY PUBLIC AGENCIES OR THE PROJECT PROPOSER, OR OF EIS's PREVIOUSLY PREPARED ON SIMILAR PROJECTS. The fourth factor that the City of Shakopee must consider is "the extent to which environmental effects can be anticipated and controlled as a result of other environmental studies undertaken by public agencies or the project proposer,or of EIS's previously prepared on similar projects," Minnesota R.4700.1700, subp. 7.D. The City's findings with respect to this factor are set forth below: The environmental impacts of the proposed project have been addressed in the following plans prepared by the City: 1. City of Shakopee Comprehensive Storm Water Management Plan 2. City of Shakopee Transportation Plan(draft form) 3. Shakopee Public Utilities Commission Comprehensive Sanitary and Sewer Plan 4. City of Shakopee Comprehensive Water Plan 5. City of Shakopee Comprehensive Plan The City finds that the environmental effects of the project can be anticipated and controlled as a result of the environmental review, planning, and permitting processes undertaken by the City on similar projects. CONCLUSIONS SEAGEAW.DOC/RML 6 Revised 3/16/1998 1. The EAW, the permit development process, and comments received on the EAW have generated information adequate to determine whether the proposed facility has the potential for significant environmental effects. 2. Areas where the potential for significant environmental effects may have existed have been identified and appropriate mitigative measures have been incorporated into the project design and permits. The proposed facility is expected to comply with all the City of Shakopee standards and review agency standards. 3. Based on the criteria established in Minnesota R.4410.1700,the project does not have the potential for significant environmental effects. 4. An Environmental Impact Statement is not required. 5. Any findings that might properly be termed conclusions and any conclusions that might properly be termed findings are hereby adopted as such by the Shakopee City Council with appropriate signatures below. NOW, THEREFORE, BE IT RESOLVED by the Shakopee City Council that there is no need for an Environmental Impact Statement and a negative declaration is hereby made on the proposed Seagate PUD. Adopted in session of the City Council of the City of Shakopee, Minnesota held this day of , 1998. Mayor of the City of Shakopee ATTEST: City Clerk Prepared by: The City of Shakopee 129 S. Holmes St. Shakopee, MN 55379 SEAGEAW.DOC/RML 7 Revised 3/16/1998 Exhibit A: Review Letters SEAGEAW.DOC/RML 8 is. 0. z . CITY OF SHAKOPEE CONSENT Memorandum TO: Mayor and City Council Mark McNeill, City Administrator FROM: R. Michael Leek, Community Development Director SUBJECT: Request for Extension of Preliminary Plat Approval for Westridge Lake Estates MEETING DATE: March 17, 1998 DISCUSSION: Darrel Gonyea has requested extension of preliminary plat approval for Westridge Lake Estates. His letter is attached to this report. ALTERNATIVES: 1. Approve the requested extension. 2. Do not approve the requested extension. ACTION REQUESTED: Offer and approve a motion granting extension of the preliminary plat approval for Westridge Lake Estates to April 1, 1999. R. Michael Leek Community Development Director R.Michael Leek Page 1 03/12/98ExtWLEst AECEMED March 2, 1998 .BAR .5 i998 Michael Leek City of Shakopee 129 South Holmes Street Shakopee, MN 55379 Dear Mr. Leek: As you are aware, at the April 1, 1997 meeting, the City Council approved a motion granting an extension for approval of the Westridge Lake Estates Preliminary Plat. I hereby request that the Shakopee City Council extend the Preliminary Plat expiration date for an additional 12 months. In the PUD process for Westridge Lake Estates, the phasing plan called for a series of 5 additions. Last year I deveolped Westridge Lake Estates Second Addition. Under the present ordinance, it is my understanding that I will have to continue to request extension for these future additions, as they are all part of the Westridge Lakes Estates First Addition. Sincerely, WESTRIDGE BAY COMPANY Darrel E. Gonyea President CITY OF SHAKOPEE S' 15. 1. Memorandum TO: Mayor andCONSENT YCity Council � FROM: Mark McNeill, City Administrator SUBJECT: Clock Tower Signs -Fee Waiver DATE: March 6, 1998 INTRODUCTION: The Council is asked to consider waiving fees for placement of two signs that the Downtown Clock Tower Committee wants to put up on the Blocks 3 &4 project site. BACKGROUND: The Downtown Clock Tower Committee is in the process of raising money to fund the installation of a clock to be placed on top of the skyway between the two Blocks 3 &4 buildings. $40,000 will be needed;the target date to raise this is July 1st. So that the community be kept aware of the fundraising progress,the Clock Tower Committee has asked that two signs(with a progress"thermometer")be located on the site. Dunbar Development, Project Manager, is agreeable to that. Fees for the sign permits would normally be a total of$72. As this is somewhat a City project(donation checks are being made payable to the City, and it will need to guarantee any shortfall from what is raised),the fees should be waived. RECOMMENDATION: We recommend that the sign permit fees of$72 be waived. ACTION REQUIRED: If the Council concurs, it should,by motion, waive the building permit fees for the two signs to be placed in the Blocks 3 & 4 site by the Downtown Clock Tower Committee. VIAL : Ulde Mark McNeill City Administrator MM:tw 'CITY OF SHAKOPEE is E. L . Memorandum TO: Mayor and City Council FROM: Mark McNeill, City Administrator SUBJECT: City Newsletter DATE: February 26, 1998 INTRODUCTION: • The Council is asked to discuss the desirability of resurrecting the City newsletter. BACKGROUND: Both Mayor Brekke and Councilor Amundson have contacted me requesting discussion by the Council for renewing the City newsletter. Beginning in 1994, and until the end of 1995,the City provided for a newsletter which was published quarterly, and mailed to all residences in Shakopee. The editor for the newsletter was the former Assistant City Administrator,who was responsible for all news writing and editing. It was typically four to six pages in length. However, after he left the City,the newsletter ceased publication; last year's Council did not see the newsletter as a high priority. DISCUSSION: The quarterly newsletter would provide an opportunity to inform Shakopee residents on stories which might not be covered by typical new sources-the Shakopee Valley News, or cable television. Quarterly recreation bulletins could also be included for delivery. Mayor Brekke suggests that a possible initial issue could center around the activities and projects in the downtown area-Blocks 3 & 4, of the Ad Hoc Downtown Study Committee, etc. One alternative that has been researched is the possibility of combining a quarterly newsletter with the Park and Recreation program bulletin,which currently goes out three times per year. That is currently published in conjunction with Community Education's program. A concern has been expressed that the bulletin as published is marginally too large for people to follow easily. Of the 72 pages in the most recent bulletin between 50 and 55 of those pages were Community Education. It is difficult now to distinguish between Community Ed, and Recreation programs; adding additional information would compound that problem. The City contributes $5,000 per year for publication of the joint recreation bulletin, plus postage costs of$3,000 per year. It is mailed to everyone in the School District. BUDGET: One concern about doing the newsletter publication on a regular basis this year would be cost-in 1997, $13,000 was allocated for publishing, including $1,000 for mailing. That money was not provided in the 1998 Operating Budget. The other concern at this time is that there is not a position currently on staff who would logically take over editor and production responsibilities. An intern position is currently budgeted, but has not been filled. For continuity, publishing responsibilities should be those of a full-time individual. It may be recommended later this year that the intern funded position instead be some type of a full-time assistant. Mayor Brekke has suggested that perhaps this be done as a"pilot"project,meaning that a one time publication could be made. If that is the case, it is possible that a contract writer/editor could be found, or existing staff could do it on a short term basis. RECOMMENDATION: If the Council wishes to do a City newsletter on a pilot project basis, funding for that (approximately $5,000) should be approved, and staff be directed to research alternatives for writing/publication. An alternative to production in 1998,when it is not provided for in the budget,would be to direct staff to research costs, and place this in the proposed 1999 Operating Budget, for production to begin after January 1. ACTION REQUIRED: Council should give direction as to its desires regarding reimplementation of a quarterly City newsletter. 111L-0, 1/tiga Mark McNeill City Administrator MM:tw CITY OF SHAKOPEE Memorandum TO: Mayor and City Council FROM: Mark McNeill, City Administrator SUBJECT: City of Savage Newsletter DATE: March 11, 1998 INTRODUCTION: In doing research on the newsletter issue, I spoke with the City of Savage. Last year, as a method of getting out information on their downtown project,they started publishing a newsletter, which is anticipated to continue on a quarterly basis. They have since done three. In Savage,the Assistant City Administrator is in charge of the editing and production. Savage tries to focus each newsletter on a single issue-truth and taxation, commercial development, etc. Other articles from the various other City departments are used as fillers. Contrary to what was done in Shakopee, the Savage staff person does it on a desktop publishing system. It is then printed locally. Regarding the amount of time and resources, I was informed that it can take anywhere from three full days, to up to two weeks for a single person to do it in its entirety. They have budgeted $20,000 for this year;they are on track to spend perhaps$8,400 for the four issues(not including staff time). It appears that part of the savings are due to the desktop publishing and doing it in house,versus an outside consultant. One decision that will need to be made is the content of each publication. They focus on things that would not be covered in sufficient detail in the local weekly newspaper. There are concerns as to what is geed to know"information,versus information which might be perceived by people on various sides of a debate as to being `political"information. Obviously, it is important to present factual and unbiased information. 11L- IA/Lett/Lai Mark McNeill City Administrator MM\tly 3-17MEMO )S. E.3• CCONSEIST CITY OF SHAKOPEE Memorandum TO: Mayor and Council Mark McNeill, City Administrator FROM: Gregg Voxland, Finance Director RE: Firefighters Accident Insurance Policy DATE: March 11, 1998 Introduction The firefighters accident policy is up for renewal. This policy provides an additional compensation for firefighter injuries over and above workers compensation. Maximum coverage is $25,550, this amount Has not changed in 20+ years. Background The feasibility of alternative coverage to compare to the current firefighters accident policy has been reviewed with the Capesius Agency in 1995. This is specialty coverage offered by just a couple of companies. Coverage is written based on the number of pieces of fire equipment and not the individual fire fighters. This means that whoever joins the fire department is covered no matter how many people there are. However, the cost goes up as the fleet size goes up. The alternative of acquiring a plain accidental death and dismemberment policy would have to be part of acquiring a life insurance policy. A disability policy would also have to be acquired to be comparable. Under this alternative, the policy would be written on the individuals covered and the administrative work would be multiplied due to the health history requirement for each covered person. Furthermore, the city would have to deal with the issue of what happens when the insurance company rejects coverage for an individual due to the health history. The City then has a potential problem for employee benefits liability. The three year premium for the last policy was $1,885. The premium for a renewal policy would be about $1,900 for three years. A firm quotation will be obtained after submitting an application. Alternatives 1. Let policy lapse. 2. Apply for new policy from Hartford which is the current carrier. Recommendation At an annualized premium of about $633 per year, the administrative effort of converting to a "plain" group AD&D policy seems an unnecessary burden. The recommendation is to either let the policy lapse or apply for a renewal policy from the current company. When last reviewed in 1995, Council decided to keep the policy in force although some of the coverage is on top of or duplicates workers compensation coverage. Action Move to renew the volunteer fighters accident insurance policy with ITT Hartford at an estimated premium of$1,900. U regg oxland Finance Director is\finance\docs\firedept\accins )5 , x CITY OF SHAKOPEE Memorandum TO: Mayor and Council Mark McNeill, City Administrator FROM: Gregg Voxland, Finance Director SUBJ: Employee Hiring DATE: March 16, 1998 Introduction The Accountant position in finance has been vacant for about two months. Council authorization to hire a new employee is requested. Background Council has previously authorized the advertising for a new employee in Finance. The county was used for the hiring process. There were 21 applications received and five were interviewed. An interview panel of the City Administrator, Payroll/benefits Coordinator, Finance Director and the Finance Director from Savage unanimously selected Greg Sticha as the best candidate. He is currently employed at the State Auditors Office. The background check has been completed. Recommendation Authorize the hiring of Greg Sticha for the Accountant III position at step one of $38, 750 subject to passing a physical and credit check. Action Move to hire Greg Sticha for the Accountant III position at pay scale step one of $38, 750 effective April 6, 1998 subject to passing a physical and credit check. reg o an Finance irector I:\finance\docs\gregg\hiregreg