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08/05/1997
TENTATIVE AGENDA CITY OF SHAKOPEE REGULAR SESSION SHAKOPEE,- MINNESOTA AUGUST 5, 1997 LOCATION: 129 Holmes Street South Mayor Jeff Henderson presiding 1] Roll Call at 7:00 PM 2] Recess for an Economic Development Authority Meeting 3] Re-convene 4] Approval of Agenda 5] Approval of Consent Business- (All items noted by an * are anticipated to be routine. After a discussion by the Mayor, there will be a opportunity for members of the City Council to remove items from the consent agenda for individual discussion. Those items removed will be considered in their normal sequence on the agenda. Those items remaining on the consent agenda will otherwise not be individually discussed and will be enacted in one motion.) 6] Liaison Reports from Councilmembers 7] Mayor's Report 8] RECOGNITION BY CITY COUNCIL OF INTERESTED CITIZENS *9] Approval of Minutes: July 1, 1997, Regular Session and July 8, 1997, Adj. Reg. Session *10] Approve Bills in the Amount of$281,049.26 11] Communications A] Paul Schindler regarding obtaining an off sale liquor license B] Tom Ryan regarding July 1, 1997 council meeting 12] Public Hearings 13] Recommendations from Boards and Commissions *A] Final Plat of Shenandoah Place, located west of Shenandoah Drive and south of Eastway Avenue extended -Res. No. 4711 B] Final Plat of South Parkview 3rd Addition, located west of CR-15 and north of Vierling Drive TENTATIVE AGENDA August 5, 1997 Page -2- 13] Recommendations from Boards and Commissions continued C] Preliminary Plat of Boulder Ridge, located north of Vierling Drive and west of Marschall Road -Res. No. 4713 D] Preliminary Plat of Eagle Ridge First Addition, located north of CR-16 and east and west of Sarazin Street -Res. No. 4714 E] Amendment No. 3 to High Five Erectors Planned Unit Development, located at 700 Canterbury Road -Res. No. 4715 F] Valley Green Business Park rezoning request from Highway Business (B-1)to Heavy Industrial (I-2) for property located north of 12th Avenue and east of CR-83 - Ord. No. 493 *G] Text Amendment to Zoning Chapter Regarding Pastoral Residences as Permitted Uses in the Residential Districts - Ord. No. 496 H] Text Amendment to Zoning Chapter Regarding Environmental Review of Proposed Projects - Ord. No. 494 I] Text Amendment to Zoning Chapter Regarding Setbacks for Decks - Ord. No. 495 *J] Final Plat of Crossroads Center, located south of Vierling Drive and west of Marschall Road-Res. No. 4712 14] General Business A] Engineering 1. Eastway Avenue Petition for Public Improvements-Res. Nos. 4716 and 4717 2. Authorize Advertisement for Public Works Maintenance Worker 3. McKenna Road and CSAH 16 Street Light 4. Transportation Signage Study Proposal *5. Stop Sign Warrant Study for Holmes Street and 4th Avenue *6. Hauer Condemnation Award for SS-H Trunk Sanitary Sewer, Project 1996-6 7. 1997 Sidewalk Replacement Program B] Police and Fire C] Park and Recreation *1. Naming Park in Meadows 9th Addition-Res. No. 4710 TENTATIVE AGENDA August 5, 1997 Page -3- 14] General Business continued D] Community Development 1. Wallace Perry Appeal of BOAA's Denial of A Variance for Setbacks and Parking 2. Environmental Assessment Worksheet (EAW)- CAMAS Minnesota, Inc., Shiely Division *3. Completion of Probationary Period of Julie Klima *4. Hiring of Timothy Benetti, Planner I 5. Purchase Agreement with Shakopee Associates, L.L.P., for MnDOT Property E] General Administration 1. Murphy's Landing Contribution-ISTEA Grant 2. Shakopee Community Access Corporation Board of Directors/Cable Communications Advisory Commission Membership Revocation *3. Amending Res. No. 4540 adopting assessments for St. Francis sanitary sewer and trunk watermain, Project No. 1995-2 -Res. No. 4709 *4. Defeasance of 1993B Improvement Bonds 5. Asbestos Ceiling Tile Removal 6. Ratification of 1997 and 1998 Labor Agreements *aa. Public Works *bb. Police *7. 1998 Assessment Agreement with Scott County 8. Sentence to Service Participation 15] Other Business 16] Adjourn to Tuesday, August 19, 1997, at 7:00 P.M. REMINDER: August 7th Budget Worksession at 4:00 P.M. TENTATIVE AGENDA ECONOMIC DEVELOPMENT AUTHORITY IN AND FOR THE CITY OF SHAKOPEE,MINNESOTA Regular Meeting Tuesday,August 5, 1997 1 Roll Call at 7:00 p.m 2. Approval of the agenda 3. Approval of July 1,1997 minutes 4. Financial A.)Approval of Bills 5.. Blocks 3 &4 Project: A.)Final Payment to Dulas Excavating for Blocks 3&4 demolition work B.)Scott County BRA presentation of revised financing structure 6. Other Business: 7. Adjourn edagenda.doc OFFICIAL PROCEEDINGS OF THE ECONOMIC DEVELOPMENT AUTHORITY SHAKOPEE, MINNESOTA REGULAR SESSION JULY 1, 1997 Members Present: DuBois, Zorn, Henderson, Link and President Sweeney 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; Judith S. Cox, City Clerk; Gregg Voxland, Finance Director; and Jim Thomson, City Attorney 1. Roll Call President Sweeney called the meeting to order at 7:04 P.M. Roll Call was taken as noted above. 2. Approval of Agenda 5A) Update on Blocks 3 &4 Development was added to the agenda. Zorn/DuBois moved to approve the agenda as modified. Motion carried unanimously. 3. Approval of June 3. 1997, Minutes Henderson/Link moved to approve the June 3, 1997, minutes. Motion carried unanimously. 4. Financial A. Approval of Bills Henderson/Zorn moved to approve bills in the amount of$1,238.98 for the EDA General Fund and $8,120.64 for the Blocks 3 &4 Fund. Motion carried unanimously. A.1. Additional payment to TKDA for Blocks 3 & 4 project Mr. Snook explained that on June 17, staff was directed to look into the $3,000 additional payment request for TKDA services to see if this was included in the$10,700 change order. He reported that this was a separate item, that the$3,000 was for TKDA services related to additional asbestos survey, and the $10,700 change order was for Dulas Excavating's and Legend Technical's work. Official Proceedings of the July 1, 1997 Shakopee Economic Development Authority Page -2- Henderson/Zorn moved to remove discussion of additional payment to TKDA from the table. Motion carried unanimously. DuBois/Link moved to increase TKDA's maximum fee by $3,000 to $28,000. Motion carried 4-1 with Comm. Zorn opposed. A.2. Relocation payment to Suburban Automotive Mr. Snook explained that Suburban Automotive has never signed their relocation claims and had some problems with the law. However, after discovering that the law could not be changed they signed the claims. Henderson/Zorn moved to approve the relocation claim of Suburban Automotive in the amount of$4112. Motion carried unanimously. 5. Other Business A. Block 3 & 4 Update Mr. McNeill reported on a meeting with the Scott County HRA last week regarding development for Blocks 3 &4. He said that Mr. Dunbar is negotiating an agreement with a master tenant. After further discussions with the HRA, Mr. McNeill said it was determined that it would be more appropriate that the HRA, as the developer, have their Board adopt the agreement. The HRA Board is meeting tonight. It is expected that it would be brought to City staff later in the week. Mr. McNeill then asked the EDA members if they preferred to have this as a regularly scheduled item at their meeting on July 15, or to schedule a special meeting to consider this. There was consensus of EDA members that there be a special meeting held on Tuesday, July 8, 1997, at 4:30 P.M. for the purpose of receiving the most recent HRA proposal relative to Blocks 3 & 4. No public input will be taken at that time. The matter will then be put on the July 15, 1997, regular meeting agenda, at which time public input would be invited. 6. Adjournment Zorn/Link moved to adjourn to July 8, 1997, at 4:30 P.M. Motion carried unanimously. The meeting was adjourned at 7:22 P.M. - ,o,L;kd. (_,/- u th S. Cox Esther Ten Eyck . .A. Secretary Recording Secretary OFFICIAL PROCEEDINGS OF THE ECONOMIC DEVELOPMENT AUTHORITY SHAKOPEE, MINNESOTA ADJOURNED REGULAR SESSION JULY 8, 1997 Members Present: DuBois, Zorn, Henderson, Link and President Sweeney Members Absent: None Staff Present: Bruce Loney, Acting City Administrator; Paul Snook, Economic Development Coordinator Others Present: R. Michael Leek, Community Development Director; Judith S. Cox, City Clerk 1. Roll Call President Sweeney called the meeting to order at 4:30 P.M. Roll was taken as noted above. Approval of Agenda 3A) Request from Jim Murphy, Shakopee Public Schools, requesting a 20 minute time slot on the July 15, 1997 agenda. Henderson/Link moved to approve the agenda as modified. Motion carried unanimously. 2. Receive the Proposal from the Scott County Housing and Redevelopment Authority for the development of Blocks 3 and 4 Mr. Bill Jaffa, Executive Director, Scott County H.R.A. thanked the EDA for their patience for the 16 month long process. He explained that in January they had a preliminary financial pro-forma which they shared with the EDA in addition to the project scope which included the skyway which would create the gateway adjoining two buildings. The two buildings would have an all brick exterior and flat roof and would contain the amenities that were identified by the Design Team which was made up jointly of H.R.A. representatives as well as City representatives and a representative of the Downtown Business Council. Those amenities represent an additional add on cost roughly in the neighborhood of$860,000. The 52 units of housing would be on the second and third levels. The issue of retail space, which was a key component, we would be securing a master retail tenant. Oficial Proceedings of the July 8, 1997 Shakopee Economic Development Authority Page -2- Mr. Jaffa explained that the H.R.A. has been diligently meeting with potential master lease retail tenants over the past 90 days using the information from the studies and using the information from the blue print of the project. They have had a retail consultant going around and meeting with a number of different retail groups. He said that they have identified and retained a master lease tenant that would well suit the project's needs. Mr. Jaffa stated that time was not an ally and that the cost of materials has gone up somewhat and that there are a number of factors that play into putting any kind of a final project together in terms of a bottom line figure. He said that the good news is that the overall pledge cap that was talked about with the City at the end of winter remains unchanged. Mr. Jaffa stated that, in order to make this package come together, based on the master lease retail proposal that they have, to make the project work, that this requires the H.R.A. bringing more cash contribution to the table. In a H.R.A. Board meeting as a Committee of the Whole, they have agreed to increase their cash contribution to this project which equates to an additional $17,000 per year or $123,000 each year that the Housing and Redevelopment Authority would be paying out in cash to the project over the life of the bond issue; which would be some 30 years. This is in opposition to the original pro-forma which was set at $106,000 for the H.R.A. He explained that the H.R.A. was able to overcome that hurdle and put the package together and bring it to the City for further discussion and consideration. Mr. Jana went on to explain that when looking over the whole complexity of the project, the H.R.A. thought that it probably would make the most sense if the City retained the ownership of the land. Early on, before the Housing Authority's involvement, there were high expectations for Blocks 3 and 4 as far as producing and recapturing a lot of tax increment financing from that site. Throughout the past 16 months we have learned that a lot of those expectations are not real. In addition, the Housing Authority feels that the City has made a considerable commitment in the terms of$2,300,000 to acquire and to demolish the site and relocate the existing tenants. The H.R.A. feels, therefore, that with that kind of an investment, it probably would be prudent for the City to retain ownership of the land and execute a ground lease. This would give the City an ownership position in the project should it be sold anywhere along the line within the 30 year life of the bonds as well as thereafter to renegotiate a ground lease which would in turn create revenue streams for the City. Mr. Frank Dunbar, Project Coordinator, stated that they have incorporated all of the requirements set by the Design Committee into the overall development package. The hard construction dollar on these requirements is $860,000 and when adding the design fees and financing costs on to this, this brings the additional cost to around $1,000,000 to Official Proceedings of the July 8, 1997 Shakopee Economic Development Authority Page -3- incorporate the design elements that the Committee felt was essential. He said that he feels that these additional requirements bring an added value to the overall project. Mr. Dunbar stated that they have met with the entire retail community of the Twin City market presenting the overall plan. They received a variety of proposals which came down to two proposals which made economic sense. One did not have the commitment for the duration that was felt essential so was not recommended to the Housing Authority or to the City. He stated that Suntide Realty Services, Inc. has presented, what he believes to be, a very acceptable long term commitment to do the retail. They will master lease 100% of the retail. They have a very sincere long term interest and also are requesting the right of first refusal if the City and the H.R.A. want to sell the project. He said that they have investigated Suntide's background and their organization and feels confident that they want to do the development and are excited about it and can generate the type of retail use that can compliment the downtown area. Steve Dombrovski, President of Suntide Realty Services, stated that Suntide is a small commercial real estate firm that specializes in retail real estate. 1-Ie said that he has an extensive back ground in the retail real estate business from managing regional shopping centers to developing specialty centers to working small strip centers, and working on small buildings for individuals in small communities. He said that after reviewing this project, they are interested in pursuing it. He said that he is an I I year resident of Prior Lake and is familiar with the community and the market place itself. Mr. Dombrovski explained that they have partnered up with a group know as Equity Holdings for some additional financial strength, who will be their partners on this project. They also have extensive background in regards to retail background from apartments to warehouses to offices. One of the reasons that they have shown an interest is that in the event than the H.R.A. or City is in a position to want to sell the project, because of their apartment background, there was an incentive on their part to be involved in a position of an ownership if it were to take place. Mr. Dombrovski stated that they are confident that they can fill the 25,000 square feet of retail space, in this market place, at the level of what they feel is very quality type of tenants that would be very complimentary to the downtown area. He said that they are prepared to move forward and sign a master lease and begin work on this project. Members of the Economic Development Authority asked questions regarding the type of businesses that are anticipated to be located within the project as well as the type of financial guarantee to be established for the rent. Mayor Henderson suggested that Springsted, City financial advisor, look at the pro-forma prior to the next meeting. Official Proceedings of the July 8, 1997 Shakopee Economic Development Authority Page -4- President Sweeney stated that the information available at this time is inadequate for him to see that the City is protected. • Mr. Dunbar stated that the minimum net worth of the firm will be certified at $5,000,000 each year, plus there will be a personal guarantee of$250,000 yearly for the rent. He said that it is the same format that the banks use. He said that the master lease equals 100% leased and paying taxes. Commissioner Zorn suggested that a citizen hearing be set for the next meeting and a representative from Springsted be present. Zorn/Henderson moved to set an input hearing for Blocks 3 and 4 for July 15, 1997, where citizens will be allowed to question the proposal as well as Commission Members. Motion carried unanimously. 3. Other Business President Sweeney addressed the letter from Mr. Jim Murphy requesting to speak before the E.D.A. on July 15, 1997 regarding a workforce development center in Shakopee. He suggested that Mr. Snook answer Mr. Murphy and otter him time on the August 5, 1997 E.D.A. agenda. There was no objection. 4. Adjournment Henderson/Zorn moved to adjourn to July 15, 1997, at 7:00 P.M. Motion carried unanimously. The meeting was adjourned at 5: I 1 P.M. 4P 14,ac j . 0,, s ith S. Cox .D.A. Secretary Recording Secretary CITY OF SHAKOPEE Memorandum TO: President & Commissioners Mark H. McNeill, Executive Director FROM: Gregg Voxland, Finance Director SUBJ: EDA Bill List DATE: July 31, 1997 Introduction Attached is a listing of bills for the EDA and the Blocks 3&4 project for the period 07/11/97 to 07/31/97 . Action Requested Move to approve bills in the amount of $10 . 60 for the EDA General Fund and $1, 376 . 30 for the Blocks 3&4 Fund. 44/V E o O 0 0 0 0 0 0 0 O u H 0 0 0 0 0 0 0 0 0 O II Q W O 0 O 0 0 O O 0 0 O II a U O 0 0 0 O O 0 0 0 0 1fl Lfl LO LO O M m m M El • . H 0 0 0 0 Ln H W W W W 02 HHHH N O N N N CO W MO M M M M 0 HHHH H El II al m II CAO) u 0 0.0 0) Ln 01 0 ply W M d' FG fs.i ,I. dr d' Ix W O 0 0 E„1A~ O 00 a aN a W a Cil X mz O 4Z O E-• o � 4 H W a' W o W 0 w w 0 `lal a E U H 01 Z UH H 0 EA H 0 O El Ix Gxd a CNI P: 0 U x al O Cl)4 El0 0 4 U I7 D m H (IS U Ix 0 4.1) 0 z co O rn WH a) al,, N H H M (r 0 ,D N Ln O m rn rn W Ln Ln Ln xo in 10 in U z o 0 o l N N rn rn 01 01 01 rn H H H 01 CA 01 W N N N E-1 -------, N N N A 0 O O 4s * 41 41 * H In 01 01 01 01 H M 0 M * H H H 0 W 41 0 01 * Z 0 0 Z * h H C4 H w HH 04 H w 4 Ca 0 °o H a wm 0 H rx o H 0 w H C+ ° * Elp a 0 W a) ONrn M M H 0 0 i ao 0 0 4 w w E o0 G. w o 0 M 4, * O H o o M El 0 a, H E* P * w w El El 5'14 , CITY OF SHAKOPEE Memorandum TO: EDA FROM: Paul Snook, Economic Development Coordinator SUBJECT: Final payment to Dulas Excavating DATE: July 30, 1997 Introduction and Background: Dulas Excavating, the demolition contractor for the Blocks 3 & 4 project, is requesting final payment for its work. On May 14, 1997, TKDA, the general contractor for the Blocks 3 & 4 demolition project, provided Dulas Excavating with a Punch List of items that remained undone, and informed Dulas that 5% or $7,282.90 of the total contract dollars will be retained by the EDA until the punch list items are complete. At the May 20th meeting, the EDA approved payment to Dulas in the amount of $ 138,375.10 (95% of the total contract amount). TKDA has determined that Dulas has completed the punch list work and recommends the EDA make final payment to Dulas in the amount of$7,282.90 Attached is the invoice from Dulas Excavating, and TKDA's recommendation. Budget Impact: $7,282.90 to be paid from the Blocks 3 &4 fund. Action Requested: Offer and pass a motion to pay Dulas Excavating $7,282.90 for completion of their contract work on the Blocks 3 &4 demolition project. FP A Paul Snook Economic Development Coordinator dupaymo2.doc 111 077301997 01:30 FROM OULAS EXCAVATING INC TO 16124456718 P.02 �w rye .. . ..,........,._._..,. 1 =!UCAS INVOICE EXCAVATING Boit 207. ►t +..agr loo East From Order# 1841 WNN, M ereeetr 56097 mvAnsana CITY OF SHAKOPEE CITY OF SHAKOPEE ATTN: PAUL SNOOK ATTN: PAUL SNOOK 129 HOLMES ST S 129 HOLMES ST S SHAKOPEE, Eli 55379 SHAKOPEE. MN 55379 Page 1 S900 07/30/97 NET 30 07/30/97 DESCRIPTION AMOtJNi 728220 ,, . -: &EQ ST FOR BIS. P : DEMOLITION .PROSECT 1 4 4 Cf a w5 ` Za. i w Pay�aetat due 14 days from billing date. 7282.90 A Finance Charge of 1.5% per month on the unpaid balance will be charged on ._ all accounts. MINIMUM $1TAX FO,O/ se,VM11f,0••7MNiMIC11Q QEG7ROINC FOgYB eC>7M2936 ,rC":(VCR7fL, ; :; TKDA TOLTZ,KING, DUVALL,ANDERSON AND ASSOCIATES,INCORPORATED ENGINEERS•ARCHITECTS• PLANNERS 1500 PIPER JAFFRAY PLAZA 444 CEDAR STREET SAINT PAUL,MINNESOTA 55101-2140 PHONE:612/292-4400 FAX:612/292-0083 July 18, 1997 Mr. Paul Snook City of Shakopee Economic Development Coordinator 129 Holmes Street South Shakopee, Minnesota 55379 re: Demolition of Blocks 3 and 4 Project Punch List Dear Mr. Snook Attached please find a copy of the Punch List Items which was sent to the contractor for correction. These items are corrected to TKDA's satisfaction and we recommend that final payment be made to the contractor Sincerely T..i • c. A4 e, •ouglaasgel Construction Administrator An Equal Opportunity Employer TKDA TOLTZ,KING,DUVALL,ANDERSON AND ASSOCIATES,INCORPORATED ENGINEERS•ARCHITECTS• PLANNERS 1500 PIPER JAFFRAY PLAZA 444 CEDAR STREET SAINT PAUL,MINNESOTA 55101-2140 PHONE:612/292-4400 FAX:612/292-0083 May 14, 1997 Jerry Dulas Dulas Excavating Inc. P.O. Box 207 Hwy. 109 East Wells, Minnesota 56097 RE: Punch List Blocks 3 and 4 Demolition • City of Shakopee PUNCH LIST ITEMS 1. Provide erosion control along the west side of the project where the work stops next to the city landscaping. 2. Provide and install erosion control such as , straw bales around catch basins. 3. Fill in low spot to prevent ponding next to barrier wall along Hwy. 169. 4. Replace four broken sidewalk section. The owner will withhold 5% of the contract dollars until the punch list items are completed. Sincerely, cc Paul Snook, City of Shakopee Bill Deitner • An Equal Opportunity Employer gb.A. RESOLUTION NO. 97-7 A Resolution Accepting Work On The DEMOLITION OF BLOCKS 3 AND 4 WHEREAS, pursuant to a written contract signed with the City of Shakopee Economic Development Authority on March 18, 1997,Dulas Excavating,Inc. has satisfactorily completed the demolition of Blocks 3 &4, in accordance with such contract. NOW, THEREFORE, BE IT RESOLVED BY THE ECONOMIC DEVELOPMENT AUTHORITY OF THE CITY OF SHAKOPEE,MINNESOTA that the work completed under said contract is hereby accepted and approved; and BE IT FURTHER RESOLVED,that the proper EDA officials are authorized and directed to issue a proper order for the final payment on such contract in the amount of$7,282.90,taking the contractor's receipt in full. Adopted in Regular Session of the Economic Development Authority of the City of Shakopee,Minnesota,held this 5th day of August, 1997. President ATTEST: Secretary *5-8 Date: 7/31197 To: Mark McNeill,City Administrator,City of Shakopee From: Frank Dunbar,DDCCe„-------- Re: River City Centre Development Shakopee,Mn. As we discussed,there is a cost and revenue difference between building one building and the two connected buildings at the River City Centre Development in Shakopee. The original plan provided for two buildings,connected by a two level skyway,with one level of retail and two levels of housing containing 52 housing units_ The proposed redesign would provide a single building with underground parking,one level of retail and three levels of housing containing 47 units. The construction cost difference in a one building development would amount to approximately $1,430,099 according to the Kraus-Anderson analysis dated 6/6/97. The summary below reflects the changes from the two building design to the one building design. There is also a resulting reduction in revenue on both the retail and housing units. The decrease in retail revenues under the master lease agreement results from a decrease in retail space of 14,463 square feet(25,373 square feet in Buildings A&B versus 10,910 square feet in Building B). The housing revenue decreases from$382,920 per year for 52 units to$331,373 per year for 45 units. There are additional landscaping costs to be considered and the underground parking, and surface parking costs should remained the same. CONSTRUCTIQN COSTS BUILDING A&B BUILDING B %REDUCTION Retail Costs $2,580,262 $1,154,311 Housing Costs $3,799,678 $3,795,530 Total: $6,379,940 $4,949,841 22% REVENUE BUILDING A&B BUILDING B %REDUCTIo1 Retail Revenue $215,671 $92,735 Housing Revenue $382,920 $331,373 Total: $598,591 $424,108 30% The revenue reduction was greater than the cost reduction rendering the financial analysis unfeasible. Should you have any other questions please call. Lam • rtuy D , yr 1L . D'i P1O . UUe .4 sommommemmmmm MINNESOTA Department of Revenue /9 Property Tax Division Mail Station 3340 St. Paul, MN 55146-3340 Phone: (612)296-0336 Fax: (612)297-2166 August 5, 1997 Bob Schmitt Shakopee City Assessor Shakopee, MN 55379 Dear Mr. Schmitt: In your letter of July 31, 1997 you presented the following situation: The City of Shakopee Economic Development Authority (EDA) is proposing to lease a portion of its land for the sum of$1.00 to the Housing and Redevelopment Authority(URA). The HRA will then construct a three story structure part of which will be used for retail purposes with the remainder being used for housing purposes. The question that arises is what is the tax status of the land? In our opinion, the land is taxable to the IIRA. Minnesota Statute 272.01, subdivision 2 provides that:. (a) When any real or personal property which is exempt from ad valorem taxes, and taxes in lieu thereof, is leased, loaned, or otherwise made available and used by a private individual, association,-or corporation in connection with a business conducted for profit, there shall be imposed a tax, for the privilege of so using or possessing such real or personal property,_in the same amount and to the same extent as though the lessee or user was the owner of such property. The I IRA will have a proprietary interest in this property and consequently, pursuant to Minnesota Statute 272.01 subdivision 2, they are the one that should be assessed for the value of the land. Very tr ply yours, 40 y2 IIN F. H 7 '. , Manager Information <nd Education Section itli'r oilorrri�71itY(1iJc')Yipro er TDD:(617)297-2196 08/01/97 11:42 FAX 1 612 377 7089 DUNBAR DEVLPMNT 00l01l07 FRI 11:05 Fa 8128453847 COURT 1NUt NAitu Q002/002 SUNTIDE R E ALT Y "011111111111"'r Stephen C. Dombrovskl August 1, 1997 Mr.Frank C.Dunbar Viafax 377-7089 President Dunbar Development Corporation 5000 Glenwood Avenue,Suite 200 . Minneapolis,MN 55422-5146 RE: Credit Enhancement/Master Lease esata River City Centre,Shakopee, Dear Frank: Regarding our continue interest in Master Leasing the proposed retail space of the planned development in Ste, Minnesota, we are prepared to make the following changes to our proposal of June 26,1997. 'The guarantee of the investment entity which will be formed to Mash Lease the retail portion of would guarantee the initial six(6)months at one hundred twenty five thousand the development �' dollars ($125,000) of rent obligation, plus an ongoing one year, two hundred fifty thousand dollars($250,000)guarantee after that period for the entire term of the lease. The guarantee would begin at such time as the capitalized interest built into the bond has been exhausted,which is anticipated to be 18 month after the start of construction. Further,we are prepared to review a draft of the Master Lease,and ask that this be provided. All other terms of my letter of Juno 26, 1997 remain as outlined. Regards, elm) .4„ . l a ki 1:4 vski SD:kw cc: Equity Holdings slshakopec unbar2.doc 2550 University AMMO West, Suite 460-S 12Minneapolis,MK 55114 Phone(612)�- 85 E.SEVENTH PLACE SUITE 100 SAINT PAUL,MN 55101-2143 612-223-3000 FAX:612-223-3002 SPRINGSTED Public Finance Advisors August 1, 1997 Mr. Robert Sweeney, President Members, Economic Development Authority Mr. Mark McNeill, City Administrator 129 Holmes St. S. Shakopee, MN 55379-1376 Re: Proposed Riverfront Project Dear Sirs and Ms. DuBois: At the last meeting of the EDA, the project finance team was asked to review the financing structures and the master tenant proposal to determine if there were changes that could be made that would favorably modify the financial aspects of the project overall. Conversations have been ongoing with the master tenant and will be reported on separately to the EDA. This letter and its attachments deal with options to the financing structures. There are three primary modifications that we have reviewed. The first involves a $218,000 contribution that the City made previously to the project which remains unspent. The contribution was an election the City made as it was establishing the tax increment plan and by making it, LGA/HACA penalties otherwise resulting under state law can be avoided. It was suggested to us that this money may be available to the project. As a result, one assumption incorporated into the new scenarios uses the $218,000 as a cash contribution, reduces the $870,000 gross revenue bond, and puts the resultant issue out for public placement as opposed to requesting a City investment. The second modification reduces the project cost through deletion of some of the design elements. We are well aware of the interest at all levels in the design components of the project and have included these cost reductions with some reluctance. The particular option that is included in this material deletes the flat roof, plaza, and skyway, but retains the brick on the second and third floors. We will be prepared to discuss the deletion of the brick also, if there is interest on the part of the EDA in that option. The third modification that has been incorporated is a shifting in the maturities of the taxable and tax exempt portions of the HRA redevelopment bonds for the retail component. There are federal law considerations that influence what we are able to do, but the basic concept is to shorten the maturities of the taxable component and extend the maturities of the tax exempt portion. In addition to improved market response, the amount of time that the higher rate SAINT PAUL,MN • MINNEAPOLIS,MN • BROOKFIELD,WI • OVERLAND PARK,KS • WASHINGTON,DC • IOWA CITY,IA Page 2 taxable bonds are outstanding is reduced resulting in a lower annual debt service amount. Since both of these issues are backed by the City's general obligation pledge, the City should be nuetral to the shift and at the same time benefit from the lower annual debt service exposure. The benefits from this suggestion are modest, but easy to achieve and of no additional cost. This modification has been used in combination with only the first modification discussed above. Additional discussions with counsel will need to take place to determine if it will be able to be used in conjunction with the second modification. A summary sheet that outlines the changes and the resultant benefits to the financing is attached as are detailed proformas. No changes are being assumed in the housing financing, therefore only one proforma is attached related to housing I will be available on Tuesday evening to address questions as needed. If additional research is needed to assist in your deliberations, it would be helpful if you could forward your questions through Mr. McNeill in advance of the meeting. Sincerely, Kathleen A. Aho, CIPFA Principal cc: Bill Jaffa, Scott County HRA Steve Bubul, Kennedy and Grave Barbara Portwood, Leonard Street& Deinard Laura Ekholm, Miller& Schroeder Frank Dunbar, Dunbar Development Enclosures City of Shakopee, Minnesota Riverfront Project - Summary of Options OPTION 1 • City investment of$870,000 eliminated • Previously unspent City contribution of $218,000 applied • Bond maturities adjusted to reduce annual debt service BENEFITS GAINS: City-backed debt drops by $870,000 Debt with superior claim on retail revenues drops by $230,000 Annual debt service backed by City drops by over $70,000 Coverage of City backed debt rises from 106% to 110% OPTION 2 • City investment of $870,000 eliminated • Previously unspent City contribution of$218,000 applied • Brick exterior is retained; flat roof, plaza, and skyway are eliminated BENEFITS GAINED: City backed debt drops by $977,000 Debt with superior claim on retail revenues drops by $405,000 Annual debt service backed by City drops by over $93,500 Coverage of City backed debt rises from 106% to 125% DEVELOPMENT BUDGET PROJECT: Shakopee Senior Housing and Retail LOCATION : Shakopee, Minnesota ISSUER: Scott County HRA OPTION 1 PROJECT TYPE : Retail-Master Lease-Capture of TIF DATE REVISED: 7/22/97 $218,000 LOCAL CONTRIBUTION BOND STRUCTURE MODIFICATIONS SUMMARY REPORT: ASSUMPTIONS : NUMBER OF UNITS 0 Units COMMERCIAL AREA 25,373 Square Feet COST SOURCES: TOTAL PER S.F. Taxable Gross Revenue Bonds $625,000 $25 HRA Taxable Revenue Supported Bonds(GO) $1,190,000 $47 HRA Tax Exempt Revenue Supported Bonds(GO) $925,000 $36 HRA Limited Tax Bonds $229,000 $9 Other $218,000 $9 Interest Earnings-Housing $0 $0 Interest Earnings- Retail $59,894 $2 $3,246,894 $128 COST USES: T TAL PER UNIT Land $0 $0 Construction $2,454,262 $97 Design&Related $105,185 $4 Development Costs $41,675 $2 Developer Fees $63,986 $3 Financing Costs $318,185 $13 Required Reserves $260,914 $10 Contingency $2,687 $0 $3,246,894 $128 Prepared by: Springsted Incorporated (7/22/9R)rLOPT1X.XLS Dev. Budget Retail 0 C w0-00 O O.-0 0- pQp 0604-06 W X" n 0)n CO(^fpp O N r W N S M O N P. d a° M OO Q U) Q Q O N$ 8 N 66.L6 r 0 N 10 406 Q N U A I0 NOf m fV s- .- fD Q 0 0�'+q W N N 0 M O O Q M N COO N M N N Y d 0 a N M N N H Q N Nt8KN H H H H H H H H iz ' O N O 00 0 N O O NQQ OMOVOQ WNM LO NY) 6404-6 UO N 0 0 O N-04040 Q 0 N. 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Y m C d mm — c m __ " Cg aU N aU y W O „yy dUU gom > na c333 $ a c '3A d d.LLEc C O 5 d e -E r c 'm@ m K 3 3 a Y u m gX E m Y "' 'alio a K N to o 0 m to "a E a 'n c a v a m 3 Z D:W C 1,10w0010 •A C m m m m U 6 g o l0 IL Y m d Y d ,O Y Y m Z d d m n C m Q ° �D:�D: > W �QKKD:�m 0 Qv/0 CHH N wLLJZC fa'LLJZC �'aJZGG JaJZGC �0'Ot w a 4a f) w z aa> 1°- F z ° 0 H K Ca DEVELOPMENT BUDGET PROJECT: Shakopee Senior Housing and Retail LOCATION : Shakopee, Minnesota ISSUER: Scott County HRA OPTION 2 PROJECT TYPE : Retail-Master Lease-Capture of TIF $218,000 LOCAL CONTRIBUTION DATE REVISED: 7/22/97 MODIFICATION OF DESIGN ELEMENTS SUMMARY REPORT: ASSUMPTIONS : NUMBER OF UNITS 0 Units COMMERCIAL AREA 25,373 Square Feet COST SOURCES: TOTAL PER S.F. Taxable Gross Revenue Bonds $465,000 $18 HRA Taxable Revenue Supported Bonds(GO) $1,190,000 $47 HRA Tax Exempt Revenue Supported Bonds(GO) $600,000 $24 HRA Limited Tax Bonds $229,000 $9 Other $218,000 $9 Interest Earnings-Housing $0 $0 Interest Earnings-Retail $51,714 $2 $2,753,714 $109 COST 1,1$ES: TOTAL PER UNIT Land $0 $0 Construction $2,049,438 $81 Design& Related $86,968 $3 Development Costs $41,675 $2 Developer Fees $53,410 $2 Financing Costs $283,665 $11 Required Reserves $225,715 $9 Contingency $12,843 $1 $2,753,714 $109 Prepared by: Springsted Incorporated (7/22/91TLOPT2.XLS Dev. Budget Retail d 0 3 ' Y p 0 a O I.,0 0 pp pQ pp �p d N p q 0 0 0 0 0 O O 0 0 0 Q n N. 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E m 8O 0 2 a = d a o 0 2 a m E E w dE w E O U O m l0 mZ5C LL c~ cdH d Y mu S Od m Y •aO0.JNSO RdO_ LLma § >'. p NOG« ELLO6 E Yg . gC5d 5; m dc °'0 c v III dm) `) V H • O w 0 N et C O W w N G W ._ w cLLw dNp > Nm . m p Y Wt (9aY caO O) d O)2 0 c N oC z•eEmF- =two YY c4 0 Y y � W N Y V O AUYY Yewe G 2y m reUm :• O UmE 5c EmY mod - m 0Z Ea00tt 8oZ— d o SO.c K 1.-- rW c U c - Q 2 UO d w d 00000 vaaoN wern d S U D CN W U O N MY UC IZ o 00 � 0d YmE ; dS' wx o c . 000 ° cd00 a $cq wLL muNaFq wWa miriqiarE mCd1 vn§. d >A Laccixs¢a O vOcf-Faa�ZC -azZC 1a3200 =N Q.Q d c aa> O H 0 1- Z Z U h w K (CO PROJECT REVENUES PROJECT: Shakopee Senior Housing and Retail LOCATION: Shakopee,Minnesota ISSUER: Scott County HRA PROJECT TYPE: Retail-Master Lease-Capture of TIF DATE REVISED: 7/22/97 'RENTAL INCOME: I RENT UNIT NUMBER % SQ.FT. MONTHLY PER SQ.FT. TOTAL TOTAL TYPE DESCRIPTION OF UNITS OF TOTAL PER UNIT REV./UNIT PER MONTH PER MONTH ANNUAL APARTMENT UNITS: Family A. 1 Bedroom 0 0% 0 $0.00 $0.000 $0 $0 B. 1 Bedroom 0 0% 0 $0.00 $0.000 $0 $0 C. 1 Bedroom&Den 0 0% 0 $0.00 $0.000 $0 $0 D. 2 Bedroom 0 0% 0 $0.00 $0.000 $0 $0 E. 2 Bedroom 0 0% 0 $0.00 $0.000 $0 $0 F. 2 Bedroom&Den 0 0% 0 $0.00 $0.000 $0 $0 Total/Average 0 0% 0 $0.00 $0.000 $0 $0 S nior A. 1 Bedroom(std) 0 0% 0 $0.00 $0.000 $0 $0 B. 1 Bedroom(std) 0 0% 690 $0.00 $0.000 $0 $0 C. 1 Bedroom(large) 0 0% 0 $0.00 $0.000 $0 $0 D. 1 Bedroom(large) 0 0% 740 $0.00 $0.000 $0 $0 E. 1 Bedroom&Den 0 0% 0 $0.00 $0.000 $0 $0 F. 1 Bedroom&Den 0 0% 850 $0.00 $0.000 $0 $0 G. 2 Bedroom(standard) 0 0% 940 $0.00 $0.000 $0 $0 H. 2 Bedroom(large) 0 0% 1,110 $0.00 $0.000 $0 $0 Total/Average 0 0% 0 $0.00 $0.000 $0 $0 TOTAL FOR ALL UNITS: 0 0% 0 $0.00 $0.000 $0 $0 'OTHER RENTAL INCOME: #OF PARKING STALLS: 0 RENT PER MONTH: $0.00 $0.00 $0 $0 COMMERCIAL GROSS RENT Yr 1-10: 25,373 RENT PER S.F. $0.00 $8.50 $17,973 $215,671 COMMERCIAL GROSS RENT Yr 11-20: 25,373 RENT PER S.F. $0.00 $9.50 $20,087 $241,044 COMMERCIAL GROSS RENT Yr 21-30: 25,373 RENT PER S.F.: $0.00 $10.00 $21,144 $253,730 OTHER RENTAL INCOME: 'VACANCIES: ' APARTMENTS 0.00% $0.00 $0.000 $0 $0 PARKING 0.00% $0.00 $0.000 $0 $0 STORAGE 0.00% $0.00 $0.000 $0 $0 COMMERCIAL 0.00% $0.00 $0.000 $0 $0 TOTAL VACANCIES: $0.00 $0.000 $0 $0 NET RENTAL INCOME: $0.00 $0.000 $0 $0 'OTHER INCOME: I (Annual) 'SERVICE INCOME: LAUNDRY $0 $0.00 $0.000 $0 $0 OTHER $0 $0.00 $0.000 $0 $0 TOTAL SERVICE INCOME: $0.00 $0.000 $0 $0 FINANCIAL INCOME: I DSRF INTEREST $0 $0.00 $0.000 $0 $0 OTHER INTEREST $0 $0.00 $0.000 $0 $0 TOTAL FINANCIAL INCOME: $0.00 $0.000 $0 $0 'MISCELLANEOUS INCOME: I DRAWS FROM RESERVES $0 $0.00 $0.000 $0 $0 GRANTS AND LOANS $0 $0.00 $0.000 $0 $0 PILOT REFUND $0 $0.00 $0.000 $0 $0 OWNER CONTRIBUTIONS $0 $0.00 $0.000 $0 $0 OTHER $0 $0.00 $0.000 $0 $0 TOTAL MISC.INCOME: $0.00 $0.000 $0 $0 TOTAL OTHER INCOME: $0.00 $0.000 $0 $0 'TOTAL PROJECT INCOME: $0.00 $0.000 varies varies' Prepared by:Springsted Incorporated(7/22/97) RTLOPT2.XLS Revenue Retail DEVELOPMENT BUDGET PROJECT: Shakopee Senior Housing and Retail LOCATION : Shakopee, Minnesota ISSUER: Scott County HRA HOUSING PROFORMA PROJECT TYPE : Housing-Annual HRA Contribution DATE REVISED: 7/22/97 SUMMARY REPORT: ASSUMPTIONS NUMBER OF UNITS 52 Units COMMERCIAL AREA 0 Square Feet COST SOURCES: TOTAL PER UNIT Gross Revenue Bonds $385,000 $7,404 HRA Revenue Supported Bonds(GO) $3,240,000 $62,308 HRA Limited Tax Bonds $1,465,000 $28,173 Other-Housing $0 $0 Other- Public Costs $0 $0 Interest Earnings-Housing $93,000 $1,788 Interest Earnings-Commercial $0 $0 $5,183,000 $99,673 COST USES: T AL PER UNIT Land $0 $0 Construction $3,799,678 $73,071 Design& Related $256,325 $4,929 Development Costs $122,325 $2,352 Developer Fees $101,400 $1,950 Financing Costs $456,304 $8,775 Required Reserves $443,126 $8,522 Contingency $3,843 $74 $5,183,000 $99,673 Prepared by: Springsted Incorporated(7/22/97) Housing 9 P l i U) 0 h N N 0 0 0 O CO 0) C O 0 M CD 0 U e- N 0. 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Z00 g0n8 mOm Q Q Q = am aa0 ° Z ° m a > 0 0 F- 0 0 a 00 DEVELOPMENT BUDGET Oiafibst 1 PROJECT: Shakopee Senior Housing and Retail /IA ��� LOCATION : Shakopee, Minnesota ISSUER: Scott County HRA PROJECT TYPE : Retail -Master Lease-Capture of TIF DATE REVISED: 7/22/97 DEVELOPMENT HOUSING RETAIL PUBLIC TIF BUDGET BUDGET BUDGET COSTS COSTS LAND COST: Land Acquisition/Demolition $0 $0 $0 $0 $0 Property taxes $0 $0 $0 $0 $0 Closing Costs $0 $0 $0 $0 $0 Other/Contingency $0 $0 $0 $0 $0 IMPROVEMENTS COST: A. Construction Costs $1,921,708 $0 $1,448,708 $0 $473,000 B. Tenant Improvements $253,730 $0 $253,730 $0 $0 C. Public Requirements $404,824 $0 $125,000 $0 $279,824 D. Reductions in Construction ($126,000) $0 ($126,000) $0 $0 E. Construction Hard Costs : $0 $0 $0 $0 $0 1 General Requirements $0 $0 $0 $0 $0 2 Site Improvements $0 $0 $0 $0 $0 3 Concrete $0 $0 $0 $0 $0 4 Masonry $0 $0 $0 $0 $0 5 Metals $0 $0 $0 $0 $0 6 Wood&Plastics $0 $0 $0 $0 $0 7 Moisture/Thermal Control $0 $0 $0 $0 $0 8 Doors, Windows&Glass $0 $0 $0 $0 $0 9 Finishes $0 $0 $0 $0 $0 10 Specialties $0 $0 $0 $0 $0 11 Equipment $0 $0 $0 $0 $0 12 Furnishings $0 $0 $0 $0 $0 13 Special Construction $0 $0 $0 $0 $0 14 Conveying Systems $0 $0 $0 $0 $0 15 Mechanical $0 $0 $0 $0 $0 Subtotal Hard Costs : $2,454,262 $0 $1,701,438 $0 $752,824 Construction Related Costs : Builder's Overhead $0 $0 $0 $0 $0 Builder's Profit $0 $0 $0 $0 $0 Fees &Permits $0 $0 $0 $0 $0 Water, Sewer, S.A.C. $0 $0 $0 $0 $0 Builder's Risk $0 $0 $0 $0 $0 Bond Premium $0 $0 $0 $0 $0 Construction Management $0 $0 $0 $0 $0 Furnishings&Fixtures $0 $0 $0 $0 $0 Contingency $0 $0 $0 $0 $0 Subtotal Related Costs : $0 $0 $0 $0 $0 n Design Costs : Architectural Design $104,024 $0 $70,147 $0 $33,877 Prepared by: Springsted Incorporated(7/22/9R)TLOPTIX.XLS Dev. Budget Retail DEVELOPMENT BUDGET PROJECT: Shakopee Senior Housing and Retail LOCATION : Shakopee, Minnesota ISSUER: Scott County HRA PROJECT TYPE : Retail-Master Lease-Capture of TIF DATE REVISED: 7/22/97 DEVELOPMENT HOUSING RETAIL PUBLIC TIF BUDGET BUDGET BUDGET COSTS COSTS Architectural Supervision $0 $0 $0 $0 $0 Additional Engineering $0 $0 $0 $0 $0 Interior Design $0 $0 $0 $0 $0 Surveys&Staking $0 $0 $0 $0 $0 Soil Borings& Perc.Tests $0 $0 $0 $0 $0 Environmental Review $1,161 $0 $1,161 $0 $0 Contingency $0 $0 $0 $0 $0 Subtotal Design Costs : $105,185 $0 $71,308 $0 $33,877 DEVELOPMENT COSTS : Appraisals $0 $0 $0 $0 $0 Title and Recording $14,000 $0 $14,000 $0 $0 R. E. Taxes- During Construction $1,935 $0 $1,935 $0 $0 Utilities - During Construction $0 $0 $0 $0 $0 Insurance - During Construction $3,000 $0 $3,000 $0 $0 Developer's Legal $3,870 $0 $3,870 $0 $0 Developer's Accounting $0 $0 $0 $0 $0 Developer's Fees $21,329 $0 $14,773 $0 $6,556 Market Feasibility Study $3,870 $0 $3,870 $0 $0 Economic Feasibility Study $0 $0 $0 $0 $0 Development Consultant(s) $0 $0 $0 $0 $0 Commercial Lease Commissions $0 $0 $0 $0 $0 Commercial Consultant $15,000 $0 $15,000 $0 $0 Marketing $0 $0 $0 $0 $0 Startup Expenses : $0 $0 $0 $0 $0 Initial Equipment $0 $0 $0 $0 $0 R.E.Taxes $0 $0 $0 $0 $0 Insurance $0 $0 $0 $0 $0 Working Capital $0 $0 $0 $0 $0 Project Coordinator $21,329 $0 $14,773 $0 $6,556 Administration $21,329 $0 $14,773 $0 $6,556 °ori rix �1c x -,,,-;-G.'7 �t ,-, FINANCING COSTS: Bond Financing : Bond Counsel $25,000 $0 $25,000 $0 $0 Agency Counsel $5,000 $0 $5,000 $0 $0 Underwriter Fee $44,535 $0 $30,660 $0 $13,875 Underwriter's Counsel $15,000 $0 $15,000 $0 $0 Rating Agency Fee $15,000 $0 $15,000 $0 $0 Issuance Fees(Municipal) $0 $0 $0 $0 $0 Credit Enhancement Fee $0 $0 $0 $0 $0 Credit Enhancement Counsel $0 $0 $0 $0 $0 Prepared by: Springsted Incorporated(7/22/9R)rLOPT1X.XLS Dev. Budget Retail DEVELOPMENT BUDGET PROJECT: Shakopee Senior Housing and Retail LOCATION : Shakopee, Minnesota ISSUER: Scott County HRA PROJECT TYPE : Retail-Master Lease-Capture of TIF DATE REVISED: 7/22/97 DEVELOPMENT HOUSING RETAIL PUBLIC TIF BUDGET BUDGET BUDGET COSTS COSTS Trustee&Counsel Fees $4,000 $0 $4,000 $0 $0 Printing $5,000 $0 $5,000 $0 $0 Financial Advisor $26,250 $0 $26,250 $0 $0 Miscellaneous/Fees $2,500 $0 $2,500 $0 $0 Subtotal Bond Financing : $142,285 $0 $128,410 $0 $13,875 Capitalized Interest(Gross) $175,900 $0 $130,542 $0 $45,358 RESERVES : Capital Replacement Reserve $0 $0 $0 $0 $0 Operating Deficit Reserve $0 $0 $0 $0 $0 Debt Coverage Reserve $0 $0 $0 $0 $0 Debt Service Reserve $260,914 $0 $200,914 $0 $60,000 3 °, 'i & F„ ''.:» mom fi` s :s t-....,-.;',Za'',. . ^ �,7, r+ - S+ ^ s' " .... ry'' ,_, ` rr :w ,,.,..,..,,,. i.,finil,,-. Prepared by: Springsted Incorporated (7/22/9R)rLOPT1X.XLS Dev. 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OJ y a O n a) E m R _ N 0 co O O N M V N O r COcO O O a— N M c u) O h CO O O N CO R u) CO Ps CO W «1 0 ..--)i 0 0 0 0 0 0 0 0 0 0 0 0 N N N N N N N N N p ` ;C C N x , `� )) 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 l6 .�.. �' l0 O .(-• C 17 D " N p QN -O C 8O 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 > 0 13 CO c < < s. 0 .- N M CO N M CO 0 O CO M 0 CO CO CO CO CO c+) 0 u) 0 CO 0 CO 0 U1 0 00 0 0 U CO N 0 CO CD CO 0 V' 0) CO )s. 0 0 CO N N N CO CD CO aD 0 Tt N N 0) C )N I CO 0) .- M .- CO O N 0 s- CO 0 O M '— CO CO V V N 0 CO 0 )- c3 aO O a0 O ):ap Oi OO O c0 N Ci N a0 O O co-O O17 N aD N cD N OD N N 1,.. 0300030000N- CO aD aD N N N OD N N N N O) C •C CO T 72 WI CL S2 PROJECT REVENUES PROJECT: Shakopee Senior Housing and Retail LOCATION: Shakopee,Minnesota ISSUER: Scott County HRA PROJECT TYPE: Retail-Master Lease-Capture of TIF DATE REVISED: 7/22/97 'RENTAL INCOME: I RENT UNIT NUMBER % SQ.FT. MONTHLY PER SQ.FT. TOTAL TOTAL TYPE DESCRIPTION OF UNITS OF TOTAL PER UNIT REV./UNIT PER MONTH PER MONTH ANNUAL APARTMENT UNITS: Family A. 1 Bedroom 0 0% 0 $0.00 $0.000 $0 $0 B. 1 Bedroom 0 0% 0 $0.00 $0.000 $0 $0 C. 1 Bedroom&Den 0 0% 0 $0.00 $0.000 $0 $0 D. 2 Bedroom 0 0% 0 $0.00 $0.000 $0 $0 E. 2 Bedroom 0 0% 0 $0.00 $0.000 $0 $0 F. 2 Bedroom&Den 0 0% 0 $0.00 $0.000 $0 $0 Total/Average 0 0% 0 $0.00 $0.000 $0 $0 Senior A. 1 Bedroom(std) 0 0% 0 $0.00 $0.000 $0 $0 8. 1 Bedroom(std) 0 0% 690 $0.00 $0.000 $0 $0 C. 1 Bedroom(large) 0 0% 0 $0.00 $0.000 $0 $0 D. 1 Bedroom(large) 0 0% 740 $0.00 $0.000 $0 $0 E. 1 Bedroom&Den 0 0% 0 $0.00 $0.000 $0 $0 F. 1 Bedroom&Den 0 0% 850 $0.00 $0.000 $0 $0 G. 2 Bedroom(standard) 0 0% 940 $0.00 $0.000 $0 $0 H. 2 Bedroom(large) 0 0% 1,110 $0.00 $0.000 $0 $0 Total/Average 0 0% 0 $0.00 $0.000 $0 $0 TOTAL FOR ALL UNITS: 0 0% 0 $0.00 $0.000 $0 $0 'OTHER RENTAL INCOME: #OF PARKING STALLS: 0 RENT PER MONTH: $0.00 $0.00 $0 $0 COMMERCIAL GROSS RENT Yr 1-10: 25,373 RENT PER S.F. $0.00 $8.50 $17,973 $215,671 COMMERCIAL GROSS RENT Yr 11-20: 25,373 RENT PER S.F. $0.00 $9.50 $20,087 $241,044 COMMERCIAL GROSS RENT Yr 21-30: 25,373 RENT PER S.F.: $0.00 $10.00 $21,144 $253,730 OTHER RENTAL INCOME: (VACANCIES: I APARTMENTS 0.00% $0.00 $0.000 $0 $0 PARKING 0.00% $0.00 $0.000 $0 $0 STORAGE 0.00% $0.00 $0.000 $0 $0 COMMERCIAL 0.00% $0.00 $0.000 $0 $0 TOTAL VACANCIES: $0.00 $0.000 $0 $0 NET RENTAL INCOME: $0.00 $0.000 $0 $0 !OTHER INCOME: I (Annual) SERVICE INCOME: LAUNDRY $0 $0.00 $0.000 $0 $0 OTHER $0 $0.00 $0.000 $0 $0 TOTAL SERVICE INCOME: $0.00 $0.000 $0 $0 'FINANCIAL INCOME: I DSRF INTEREST $0 $0.00 $0.000 $0 $0 OTHER INTEREST $0 $0.00 $0.000 $0 $0 TOTAL FINANCIAL INCOME: $0.00 $0.000 $0 $0 'MISCELLANEOUS INCOME: ' DRAWS FROM RESERVES $0 $0.00 $0.000 $0 $0 GRANTS AND LOANS $0 $0.00 $0.000 $0 $0 PILOT REFUND $0 $0.00 $0.000 $0 $0 OWNER CONTRIBUTIONS $0 $0.00 $0.000 $0 $0 OTHER $0 $0.00 $0.000 $0 $0 TOTAL MISC.INCOME: $0.00 $0.000 $0 $0 TOTAL OTHER INCOME: $0.00 $0.000 $0 $0 'TOTAL PROJECT INCOME: $0.00 $0.000 varies varies' Prepared by:Springsted Incorporated(7/22197) RTLOPT1X.XLS Revenue Retail TAX INCREMENT REVENIIF PROJECT: Shakopee Senior Housing and Retail LOCATION: Shakopee,Minnesota ISSUER: Scott County HRA PROJECT TYPE: Retail-Master Lease-Capture of TIF DATE REVISED: 7/22/97 Type of District Redevelopment Certification Date 11/15/95 Last Collection Date 12/1/24 Base Estimated Market Value $811,600 Base Net Tax Capacity 4.00% $32,464 $45,207 Paid until retail built. New EMV(retail)-per s.f. $65.00 $1,649,245 $3.51 Taxes per s.f. Net Tax Capacity 4.00% 59,970 Net Tax Capacity(1st 150,000) 2.70% 4,050 Base Net Tax Capacity (32,464) Fiscal Disparities 28.5227% (7,845) Captured Net Tax Capacity $23,710 Local Tax Capacity Rate 139.2540% Gross Tax Increment $33,018 Plus: Local Contribution 0.00% 0 Less:Administrative 5.64% (1,862) Less:State Auditor Deduction 0.10% (33) Net Tax Increment Revenue $31,122 Tax Increment Inflator 1.00% Less: Less: Plus: Less: Less: Retail Total Net Base Net Fiscal Captured Local Tax Gross Local Administrative State Net Taxes Year Tax Capacity Tax Capacity Disparities Tax Capacity Rate'97• Tax Increment Contribution Retainaae Auditor Fee Tax Increment Paid 1997 $32,464 $32,464 $0 $0 139.2540% $0 $0 $0 $0 $0 $45,207 1998 32,464 32,464 0 0 139.2540% 0 0 0 0 0 45,207 1999 32,464 32,464 0 0 139.2540% 0 0 0 0 0 45,207 2000 64,020 32,464 9,001 22,555 139.2540% 31,409 0 1,771 31 29,606 89,150 2001 64,660 32,464 9,183 23,013 139.2540% 32,046 0 1,807 32 30,207 90,042 2002 65,307 32,464 9,368 23,475 139.2540% 32,690 0 1,844 33 30,813 90,942 2003 65,960 32,464 9,554 23,942 139.2540% 33,340 0 1,880 33 31,426 91,851 2004 66,619 32,464 9,742 24,413 139.2540% 33,996 0 1,917 34 32,045 92,770 2005 67,285 32,464 9,932 24,889 139.2540% 34,660 0 1,955 35 32,670 93,698 2006 67,958 32,464 10,124 25,370 139.2540% 35,329 0 1,993 35 33,301 94,635 2007 68,638 32,464 10,318 25,856 139.2540% 36,006 0 2,031 36 33,939 95,581 2008 69,324 32,464 10,514 26,347 139.2540% 36,689 0 2,069 37 34,583 96,537 2009 70,018 32,464 10,711 26,842 139.2540% 37,379 0 2,108 37 35,233 97,502 2010 70,718 32,464 10,911 27,343 139.2540% 38,076 0 2,147 38 35,890 98,477 2011 71,425 32,464 11,113 27,848 139.2540% 38,780 0 2,187 39 36,554 99,462 2012 72,139 32,464 11,316 28,359 139.2540% 39,491 0 2,227 39 37,224 100,457 2013 72,861 32,464 11,522 28,874 139.2540% 40,209 0 2,268 40 37,901 101,461 2014 73,589 32,464 11,730 29,395 139.2540% 40,934 0 2,309 41 38,584 102,476 2015 74,325 32,464 11,940 29,921 139.2540% 41,668 0 2,350 42 39,275 103,501 2016 75,068 32,464 12,152 30,452 139.2540% 42,406 0 2,392 42 39,972 104,536 2017 75,819 32,464 12,366 30,989 139.2540% 43,153 0 2,434 43 40,676 105,581 2018 76,577 32,464 12,582 31,531 139.2540% 43,908 0 2,476 44 41,388 106,637 2019 77,343 32,464 12,801 32,078 139.2540% 44,670 0 2,519 45 42,106 107,703 2020 78,116 32,464 13,021 32,631 139.2540% 45,440 0 2,563 45 42,832 108,780 2021 78,897 32,464 13,244 33,189 139.2540% 46,218 0 2,607 46 43,565 109,868 2022 79,686 32,464 13,469 33,753 139.2540% 47,003 0 2,651 47 44,305 110,967 2023 80,483 32,464 13,696 34,323 139.2540% 47,796 0 2,696 48 45,053 112,076 2024 81,288 32,464 13,926 34,898 139.2540% 48,597 0 2,741 49 45,808 113,197 2025 82,101 32,464 14,158 35,479 139.2540% 49,406 0 2,787 49 0 114,"szu 2026 82,922 32,464 14,392 36,066 139.2540% 50,223 0 2,833 50 0 115,472 2027 83,751 32,464 14,629 36,659 139.2540% 51,049 0 2,879 51 0 116,627 2028 84,589 32,464 14,867 37,257 139.2540% 51,882 0 2,926 52 0 117,793 $67,367 $1,194 $934,956 • Lesser of current tax rate or frozen tax rate of 139.815% Total Debt Service TE TIF 2,202,356 TAX TIF 2.663.460 4,865,816 TIF/DS 19.21% Prepared by:Springsted Incorporated(7/22/97) RTLOPT1X.XLS TIF Retail DEVELOPMENT BUDGET PROJECT : Shakopee Senior Housing and Retailc, 1P_ LOCATION : Shakopee, Minnesota "�J� ISSUER: Scott County HRA PROJECT TYPE : Retail-Master Lease-Capture of TIF DATE REVISED: 7/22/97 DEVELOPMENT HOUSING RETAIL PUBLIC TIF BUDGET BUDGET BUDGET COSTS COSTS LAND COST : Land Acquisition/Demolition $0 $0 $0 $0 $0 Property taxes $0 $0 $0 $0 $0 Closing Costs $0 $0 $0 $0 $0 Other/Contingency $0 $0 $0 $0 $0 IMPROVEMENTS COST: A. Construction Costs $1,921,708 $0 $1,448,708 $0 $473,000 B. Tenant Improvements $253,730 $0 $253,730 $0 $0 C. Public Requirements $0 $0 $0 $0 $0 D. Reductions in Construction ($126,000) $0 ($126,000) $0 $0 E. Construction Hard Costs : $0 $0 $0 $0 $0 1 General Requirements $0 $0 $0 $0 $0 2 Site Improvements $0 $0 $0 $0 $0 3 Concrete $0 $0 $0 $0 $0 4 Masonry $0 $0 $0 $0 $0 5 Metals $0 $0 $0 $0 $0 6 Wood &Plastics $0 $0 $0 $0 $0 7 Moisture/Thermal Control $0 $0 $0 $0 $0 8 Doors,Windows&Glass $0 $0 $0 $0 $0 9 Finishes $0 $0 $0 $0 $0 10 Specialties $0 $0 $0 $0 $0 11 Equipment $0 $0 $0 $0 $0 12 Furnishings $0 $0 $0 $0 $0 13 Special Construction $0 $0 $0 $0 $0 14 Conveying Systems $0 $0 $0 $0 $0 15 Mechanical $0 $0 $0 $0 $0 Subtotal Hard Costs : $2,049,438 $0 $1,576,438 $0 $473,000 Construction Related Costs : Builder's Overhead $0 $0 $0 $0 $0 Builder's Profit $0 $0 $0 $0 $0 Fees& Permits $0 $0 $0 $0 $0 Water, Sewer, S.A.C. $0 $0 $0 $0 $0 Builder's Risk $0 $0 $0 $0 $0 Bond Premium $0 $0 $0 $0 $0 Construction Management $0 $0 $0 $0 $0 Furnishings& Fixtures $0 $0 $0 $0 $0 Contingency $0 $0 $0 $0 $0 Subtotal Related Costs : $0 $0 $0 $0 $0 Design Costs : Architectural Design $85,807 $0 $64,522 $0 $21,285 Prepared by: Springsted Incorporated (7/22/973TLOPT2.XLS Dev. Budget Retail DEVELOPMENT BUDGET PROJECT: Shakopee Senior Housing and Retail LOCATION : Shakopee, Minnesota ISSUER: Scott County HRA PROJECT TYPE : Retail-Master Lease-Capture of TIF DATE REVISED: 7/22/97 DEVELOPMENT HOUSING RETAIL PUBLIC TIF BUDGET BUDGET BUDGET COSTS COSTS Architectural Supervision $0 $0 $0 $0 $0 Additional Engineering $0 $0 $0 $0 $0 Interior Design $0 $0 $0 $0 $0 Surveys&Staking $0 $0 $0 $0 $0 Soil Borings&Perc. Tests $0 $0 $0 $0 $0 Environmental Review $1,161 $0 $1,161 $0 $0 Contingency $0 $0 $0 $0 $0 Subtotal Design Costs : $86,968 $0 $65,683 $0 $21,285 DEVELOPMENT COSTS : Appraisals $0 $0 $0 $0 $0 Title and Recording $14,000 $0 $14,000 $0 $0 R. E.Taxes- During Construction $1,935 $0 $1,935 $0 $0 Utilities -During Construction $0 $0 $0 $0 $0 Insurance -During Construction $3,000 $0 $3,000 $0 $0 Developer's Legal $3,870 $0 $3,870 $0 $0 Developer's Accounting $0 $0 $0 $0 $0 Developer's Fees $17,803 $0 $13,684 $0 $4,119 Market Feasibility Study $3,870 $0 $3,870 $0 $0 Economic Feasibility Study $0 $0 $0 $0 $0 Development Consultant(s) $0 $0 $0 $0 $0 Commercial Lease Commissions $0 $0 $0 $0 $0 Commercial Consultant $15,000 $0 $15,000 $0 $0 Marketing $0 $0 $0 $0 $0 Startup Expenses : $0 $0 $0 $0 $0 Initial Equipment $0 $0 $0 $0 $0 R.E.Taxes $0 $0 $0 $0 $0 Insurance $0 $0 $0 $0 $0 Working Capital $0 $0 $0 $0 $0 Project Coordinator $17,803 $0 $13,684 $0 $4,119 Administration $17,803 $0 $13,684 $0 $4,119 -Fi1Qftial : ' 3r, ' r: "'S # . a s ,• l\ r c am«_ .per °,, saw . .u.,_._., ��..�� -�..,'��� ' - ... �� ,�.,.�.'� . FINANCING COSTS: Bond Financing : Bond Counsel $25,000 $0 $25,000 $0 $0 Agency Counsel $5,000 $0 $5,000 $0 $0 Underwriter Fee $37,260 $0 $28,260 $0 $9,000 Underwriter's Counsel $15,000 $0 $15,000 $0 $0 Rating Agency Fee $15,000 $0 $15,000 $0 $0 Issuance Fees(Municipal) $0 $0 $0 $0 $0 Credit Enhancement Fee $0 $0 $0 $0 $0 Credit Enhancement Counsel $0 $0 $0 $0 $0 Prepared by: Springsted Incorporated (7/22/91TLOPT2.XLS Dev. Budget Retail DEVELOPMENT BUDGET PROJECT: Shakopee Senior Housing and Retail LOCATION : Shakopee, Minnesota ISSUER: Scott County HRA PROJECT TYPE : Retail -Master Lease-Capture of TIF DATE REVISED: 7/22/97 DEVELOPMENT HOUSING RETAIL PUBLIC TIF BUDGET BUDGET BUDGET COSTS COSTS Trustee&Counsel Fees $4,000 $0 $4,000 $0 $0 Printing $5,000 $0 $5,000 $0 $0 Financial Advisor $26,250 $0 $26,250 $0 $0 Miscellaneous/Fees $2,500 $0 $2,500 $0 $0 Subtotal Bond Financing : $135,010 $0 $126,010 $0 $9,000 Capitalized Interest(Gross) $148,655 $0 $120,533 $0 $28,122 E!,`' Al +SST pr.'» ...�. >..... 8 a. , , _• ., RESERVES : Capital Replacement Reserve $0 $0 $0 $0 $0 Operating Deficit Reserve $0 $0 $0 $0 $0 Debt Coverage Reserve $0 $0 $0 $0 $0 Debt Service Reserve $225,715 $0 $177,448 $0 $48,268 T 5'4* '1-,;4!-X, SER � ! 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Co 01 O N COM 0 0 CD 0 0 0 0 r- N M sr N C) n CO 0) 0 N COM sr U) CD N CO r c N lL d y e co O) O O o 0 0 0 0 0 0 0 N N N N N N N N N Y ` ,_ 0 N a) O O o 0 000000000000000000000000000 Cl) « 7 �13 N O .0 •• C CO0 ° 00 F -a C 0 O O O O O O O 0 O O O O O O O O O O O 0 O o 0 0 0 0 0 0 0 0 0 „ 0 N N @ 0 > > 0 = Oit5 Oc < < a 0 O T- N M sr co co r O CO O T- N M R U) CD N- CO O) O N M sr U) CD n CO 01 O 0 N N N N N N N N N N CO C 0 C)C C 'C O. 05 d a d n 1 2 I TAX INCREMENT RFVFNIIF PROJECT: Shakopee Senior Housing and Retail LOCATION: Shakopee,Minnesota ISSUER: Scott County HRA PROJECT TYPE: Retail-Master Lease-Capture of TIF DATE REVISED: 7/22/97 Type of District Redevelopment Certification Date 11/15/95 Last Collection Date 12/1/24 Base Estimated Market Value $811,600 Base Net Tax Capacity 4.00% $32,464 $45,207 Paid until retail built. New EMV(retail)-per s.f. $65.00 $1,649,245 $3.51 Taxes per s.f. Net Tax Capacity 4.00% 59,970 Net Tax Capacity(1st 150,000) 2.70% 4,050 Base Net Tax Capacity (32,464) Fiscal Disparities 28.5227% (7,845) Captured Net Tax Capacity $23,710 Local Tax Capacity Rate 139.2540% Gross Tax Increment $33,018 Plus: Local Contribution 0.00% 0 Less: Administrative 11.02% (3,639) Less:State Auditor Deduction 0.10% (33) Net Tax Increment Revenue $29,346 Tax Increment Inflator 1.00% Less: Less: Plus: Less: Less: Retail Total Net Base Net Fiscal Captured Local Tax Gross Local Administrative State Net Taxes Year Tax Capacity Tax Capacity Disparities Tax Capacity Rate'97' Tax Increment Contribution Retainage Auditor Fee Tax Increment Paid 1997 $32,464 $32,464 $0 $0 139.2540% $0 $0 $0 $0 $0 $45,207 1998 32,464 32,464 0 0 139.2540% 0 0 0 0 0 45,207 1999 32,464 32,464 0 0 139.2540% 0 0 0 0 0 45.207 2000 64,020 32,464 9,001 22,555 139.2540% 31,409 0 3,462 31 27,916 89,150 2001 64,660 32,464 9,183 23,013 139.2540% 32,046 0 3,532 32 28,482 90,042 2002 65,307 32,464 9,368 23,475 139.2540% 32,690 0 3,603 33 29,054 90,942 2003 65,960 32,464 9,554 23,942 139.2540% 33,340 0 3,675 33 29,632 91,851 2004 66,619 32,464 9,742 24,413 139.2540% 33,996 0 3,747 34 30,216 92,770 2005 67,285 32,464 9,932 24,889 139.2540% 34,660 0 3,820 35 30,805 93,698 2006 67,958 32,464 10,124 25,370 139.2540% 35,329 0 3,894 35 31,400 94,635 2007 68,638 32,464 10,318 25,856 139.2540% 36,006 0 3,968 36 32,001 95,581 2008 69,324 32,464 10,514 26,347 139.2540% 36,689 0 4,044 37 32,609 96,537 2009 70,018 32,464 10,711 26,842 139.2540% 37,379 0 4,120 37 33,222 97,502 2010 70,718 32,464 10,911 27,343 139.2540% 38,076 0 4,197 38 33,841 98,477 2011 71,425 32,464 11,113 27,848 139.2540% 38,780 0 4,274 39 34,467 99,462 2012 72,139 32,464 11,316 28,359 139.2540% 39,491 0 4,352 39 35,099 100,457 2013 72,861 32,464 11,522 28,874 139.2540% 40,209 0 4,432 40 35,737 101,461 2014 73,589 32,464 11,730 29,395 139.2540% 40,934 0 4,512 41 36,381 102,476 2015 74,325 32,464 11,940 29,921 139.2540% 41,666 0 4,592 42 37,032 103,501 2016 75,068 32,464 12,152 30,452 139.2540% 42,406 0 4,674 42 37,690 104,536 2017 75,819 32,464 12,366 30,989 139.2540% 43,153 0 4,756 43 38,354 105,581 2018 76,577 32,464 12,582 31,531 139.2540% 43,908 0 4,839 44 39,025 106,637 2019 77,343 32,464 12,801 32,078 139.2540% 44,670 0 4,923 45 39,702 107,703 2020 78,116 32,464 13,021 32,631 139.2540% 45,440 0 5,008 45 40,386 108,780 2021 78,897 32,464 13,244 33,189 139.2540% 46,218 0 5,094 46 41,077 109,868 2022 79,686 32,464 13,469 33,753 139.2540% 47,003 0 5,180 47 41,775 110,967 2023 80,483 32,464 13,696 34,323 139.2540% 47,796 0 5,268 48 42,480 112,076 2024 81,288 32,464 13,926 34,898 139.2540% 48,597 0 5,356 49 43,192 113,197 2025 82,101 32,464 14,158 35,479 139.2540% 49,406 0 5,445 49 0 114,329 2026 82,922 32,464 14,392 36,066 139.2540% 50,223 0 5,535 50 0 115,472 2027 83,751 32,464 14,629 36,659 139.2540% 51,049 0 5,626 51 0 116,627 2028 84,589 32,464 14,867 37,257 139.2540% 51,882 0 5,718 52 0 117,793 $131,646 $1,194 $881,577 • Lesser of current tax rate or frozen tax rate of 139.815% Total Debt Service TE TIF 1,213,535 TAX TIF 3,057.273 4,270,808 TIF/DS 20.64% Prepared by:Springsted Incorporated(7/22/97) RTLOPT2.XLS TIF Retail 1 DEVELOPMENT BUDGET �Q '``std f r0 • CC— PROJECT: Shakopee Senior Housing and Retail /I /� ���r / rho LOCATION : Shakopee, Minnesota ( Cck ISSUER: Scott County HRA PROJECT TYPE : Housing -Annual HRA Contribution DATE REVISED: 7/22/97 DEVELOPMENT HOUSING RETAIL PUBLIC TIF BUDGET BUDGET BUDGET COSTS COSTS LAND COST: Land Acquisition $0 $0 $0 $0 $0 Property taxes $0 $0 $0 $0 $0 Closing Costs $0 $0 $0 $0 $0 Other/Contingency $0 $0 $0 $0 $0 IMPROVEMENTS COST: A. Construction Costs $3,569,678 $3,569,678 ($404,500) $0 $404,500 B. Tenant Improvements $0 $0 $0 $0 $0 C. Public Costs $230,000 $230,000 $0 $0 $0 D. Construction Hard Costs : 1 General Requirements $0 $0 $0 $0 $0 2 Site Improvements $0 $0 $0 $0 $0 3 Concrete $0 $0 $0 $0 $0 4 Masonry $0 $0 $0 $0 $0 5 Metals $0 $0 $0 $0 $0 6 Wood&Plastics $0 $0 $0 $0 $0 7 Moisture/Thermal Control $0 $0 $0 $0 $0 8 Doors,Windows&Glass $0 $0 $0 $0 $0 9 Finishes $0 $0 $0 $0 $0 10 Specialties $0 $0 $0 $0 $0 11 Equipment $0 $0 $0 $0 $0 12 Furnishings $0 $0 $0 $0 $0 13 Special Construction $0 $0 $0 $0 $0 14 Conveying Systems $0 $0 $0 $0 $0 15 Mechanical $0 $0 $0 $0 $0 16 Electrical $0 $0 $0 $0 $0 Subtotal Hard Costs : $3,799,678 $3,799,678 ($404,500) $0 $404,500 Construction Related Costs : Builder's Overhead $0 $0 $0 $0 $0 Builder's Profit $0 $0 $0 $0 $0 Fees&Permits $0 $0 $0 $0 $0 Water, Sewer, S.A.C. $0 $0 $0 $0 $0 Builder's Risk $0 $0 $0 $0 $0 Bond Premium $0 $0 $0 $0 $0 Construction Management $0 $0 $0 $0 $0 Furnishings& Fixtures $0 $0 $0 $0 $0 Contingency $0 $0 $0 $0 $0 Subtotal Related Costs : $0 $0 $0 $0 $0 Design Costs : Architectural Design $179,486 $179,486 ($18,203) $0 $18,203 Prepared by: Springsted Incorporated (7/22/97) Housing DEVELOPMENT BUDGET PROJECT: Shakopee Senior Housing and Retail LOCATION : Shakopee, Minnesota ISSUER: Scott County HRA PROJECT TYPE : Housing-Annual HRA Contribution DATE REVISED: 7/22/97 DEVELOPMENT HOUSING RETAIL PUBLIC TIF BUDGET BUDGET BUDGET COSTS COSTS Architectural Supervision $0 $0 $0 $0 $0 Additional Engineering $0 $0 $0 $0 $0 Interior Design $75,000 $75,000 $0 $0 $0 Surveys&Staking $0 $0 $0 $0 $0 Soil Borings&Perc. Tests $0 $0 $0 $0 $0 Environmental Review $1,839 $1,839 $0 $0 $0 Contingency $0 $0 $0 $0 $0 Subtotal Design Costs : $256,325 $256,325 ($18,203) $0 $18,203 DEVELOPMENT COSTS : Appraisals $0 $0 $0 $0 $0 Title and Recording $14,000 $14,000 $0 $0 $0 R. E.Taxes-During Construction $3,065 $3,065 $0 $0 $0 Utilities -During Construction $0 $0 $0 $0 $0 Insurance - During Construction $6,000 $6,000 $0 $0 $0 Developer's Legal $6,130 $6,130 $0 $0 $0 Developer's Accounting $0 $0 $0 $0 $0 Developer's Fees $33,800 $33,800 ($3,523) $0 $3,523 Market Feasibility Study $6,130 $6,130 $0 $0 $0 Economic Feasibility Study $0 $0 $0 $0 $0 Development Consultant(s) $0 $0 $0 $0 $0 Commercial Lease Commissions $0 $0 $0 $0 $0 Commercial Coordinator $0 $0 $0 $0 $0 Marketing $52,000 $52,000 $0 $0 $0 Startup Expenses : $35,000 $35,000 $0 $0 $0 Initial Equipment $0 $0 $0 $0 $0 R.E.Taxes $0 $0 $0 $0 $0 Insurance $0 $0 $0 $0 $0 Working Capital $0 $0 $0 $0 $0 Project Coordinator $33,800 $33,800 ($3,523) $0 $3,523 Administration $33,800 $33,800 ($3,523) $0 $3,523 ss ,:j-„', ? „.� a..,�w ' �'37 ,w�" .w��.>,,... ,'s` q a FINANCING COSTS: Bond Financing : Bond Counsel $25,000 $25,000 $0 $0 $0 Agency Counsel $5,000 $5,000 $0 $0 $0 Underwriter Fee $80,745 $80,745 $0 $0 $0 Underwriter's Counsel $10,000 $10,000 $0 $0 $0 Rating Agency Fee $15,000 $15,000 $0 $0 $0 Issuance Fees(Municipal) $0 $0 $0 $0 $0 Credit Enhancement Fee $0 $0 $0 $0 $0 Credit Enhancement Counsel $0 $0 $0 $0 $0 Prepared by: Springsted Incorporated (7/22/97) Housing l DEVELOPMENT BUDGET PROJECT: Shakopee Senior Housing and Retail LOCATION : Shakopee, Minnesota ISSUER: Scott County HRA PROJECT TYPE : Housing -Annual HRA Contribution DATE REVISED: 7/22/97 DEVELOPMENT HOUSING RETAIL PUBLIC TIF BUDGET BUDGET BUDGET COSTS COSTS Trustee&Counsel Fees $5,000 $5,000 $0 $0 $0 Printing $5,000 $5,000 $0 $0 $0 Financial Advisor $29,250 $29,250 $0 $0 $0 Miscellaneous/Fees $2,500 $2,500 $0 $0 $0 Subtotal Bond Financing : $177,495 $177,495 $0 $0 $0 Capitalized Interest(Gross) $278,809 $278,809 $0 $0 $0 RESERVES : Capital Replacement Reserve $0 $0 $0 $0 $0 Operating Deficit Reserve $68,815 $68,815 $0 $0 $0 Debt Coverage Reserve $0 $0 $0 $0 $0 Debt Service Reserve $374,311 $374,311 $0 $0 $0 .». w ' :a,,.ergw... ._,,,�.�,.,�»..,...aa..n...,.t..,u� , ^ �7:,,�xu. 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TOTAL TOTAL TYPE DESCRIPTION OF UNITS OF TOTAL PER UNIT REV./UNIT PER MONTH PER MONTH ANNUAL APARTMENT UNITS: Family A. 1 Bedroom 0 0% 0 $0.00 $0.000 $0 $0 B. 1 Bedroom 0 0% 0 $0.00 $0.000 $0 $0 C. 1 Bedroom&Den 0 0% 0 $0.00 $0.000 $0 $0 D. 2 Bedroom 0 0% 0 $0.00 $0.000 $0 $0 E. 2 Bedroom 0 0% 0 $0.00 $0.000 $0 $0 F. 2 Bedroom&Den 0 0% 0 $0.00 $0.000 $0 $0 Total/Average 0 0% 0 $0.00 $0.000 $0 $0 Senior A. 1 Bedroom(std) 0 0% 0 $0.00 $0.000 $0 $0 B. 1 Bedroom(std) 6 12% 690 $483.33 $0700 $2,900 $34,800 C. 1 Bedroom(large) 0 0% 0 $0.00 $0.000 $0 $0 D. 1 Bedroom(large) 12 23% 740 $513.33 $0.694 $6,160 $73,920 E. 1 Bedroom&Den 0 0% 0 $0.00 $0.000 $0 $0 F. 1 Bedroom&Den 18 35% 850 $558.33 $0.657 $10,050 $120,600 G. 2 Bedroom(standard) 8 15% 940 $750.00 $0.798 $6,000 $72,000 H. 2 Bedroom(large) 8 15% 1,110 $850.00 $0.766 $6,800 $81,600 Total/Average 52 100% 35,840 $613.65 $0.890 $31,910 $382,920 TOTAL FOR ALL UNITS: 52 100% 35,840 $613.65 $0.890 $31,910 $382,920 OTHER RENTAL INCOME: #OF PARKING STALLS: 52 RENT PER MONTH: $40.00 $0.058 $2,080 $24,960 #OF STORAGE UNITS: 0 RENT PER MONTH: $0.00 $0.000 $0 $0 #OF GUEST ROOM NIGHTS: 0 RENT PER MONTH: $0.00 $0.000 $0 $0 COMMERCIAL GROSS RENT: 0 RENT PER S.F.: $14.00 $0.000 $0 $0 OTHER RENTAL INCOME: $40.00 $0.058 $2,080 $24,960 !VACANCIES: I APARTMENTS 7.00% $42.96 $0.062 $2,234 $26,804 PARKING 7.00% $2.80 $0.004 $146 $1,747 STORAGE 7.00% $0.00 $0.000 $0 $0 COMMERCIAL 7.50% $0.00 $0.000 $0 $0 TOTAL VACANCIES: $45.76 $0.066 $2,379 $28,552 NET RENTAL INCOME: $607.90 $0.882 $31,611 $379,328 OTHER INCOME: (Annual) !SERVICE INCOME: LAUNDRY $0 $0.00 $0.000 $0 $0 OTHER $0 $0.00 $0.000 $0 $0 TOTAL SERVICE INCOME: $0.00 $0.000 $0 $0 FINANCIAL INCOME: DSRF INTEREST $0 $0.00 $0.000 $0 $0 OTHER INTEREST $0 $0.00 $0.000 $0 $0 TOTAL FINANCIAL INCOME: $0.00 $0.000 $0 $0 MISCELLANEOUS INCOME: DRAWS FROM RESERVES $0 $0.00 $0.000 $0 $0 GRANTS AND LOANS $0 $0.00 $0.000 $0 $0 PILOT REFUND $0 $0.00 $0.000 $0 $0 OWNER CONTRIBUTIONS $0 $0.00 $0.000 $0 $0 OTHER $0 $0.00 $0.000 $0 $0 TOTAL MISC.INCOME: $0.00 $0.000 $0 $0 TOTAL OTHER INCOME: $0.00 $0.000 $0 $0 (TOTAL PROJECT INCOME: $607.90 $0.882 $31,611 $379,328 Prepared by:Springsted Incorporated(7/22/97) Housing s OFFICIAL PROCEEDINGS OF THE CITY COUNCIL REGULAR SESSION SHAKOPEE, MINNESOTA JULY 1, 1997 Mayor Henderson called the meeting to order at 7:00 P.M. with Councilmembers Jane DuBois, Burl Zorn, Robert Sweeney, and Cletus Link present. Also present: Mark McNeill, City Administrator; R. Michael Leek, Community Development Director; Bruce Loney, Public Works Director/City Engineer; Jim Thomson, City Attorney; Judith S. Cox, City Clerk and Mark McQuillan, Park and Recreation Director. Item 7A) Proclamation Declaring July 24, 1997, as "Pioneer Day" was moved forward. Mayor Henderson presented Robert Ping, of the Church of Jesus Christ of Latter-day Saints, with a proclamation declaring July 24, 1997, as "Pioneer Day" in Shakopee. A recess was taken at 7:04 P.M. for the Economic Development Authority meeting. The meeting re-convened at 7:22 P.M. The following item was added to the agenda: 14A3) Shakopee Community Arts Council presentation relative to the Smithsonian Art Train which is coming to Shakopee. Sweeney/Link moved to approve the agenda as amended. Motion carried unanimously. The following items were removed from the Consent Agenda: 14B1) Resignation of Building Inspector Steven Thorp; 14E2) 1997 Derby Days; 14E3) Murphy's Landing Trail Easement; and 14E8) Nominations to Fill Vacancy on Planning Commission. Zorn/Sweeney moved to approve the Consent Agenda as modified. Motion carried unanimously. Liaison Reports were given by Councilmembers. Mayor Henderson gave the Mayor's report. Mayor Henderson asked if there were any interested citizens present who wished to address the Council on any item not on the agenda. There was no response. Zorn/Sweeney moved to approve the June 3, 1997, Regular Session, June 10, 1997, Adj.Reg. Session, and June 10, 1997, Work Session Minutes. (Motion carried under the Consent Agenda.) Zorn/Sweeney moved to approve bills in the amount of $314,421.35. (Motion carried under the Consent Agenda.) Official Proceedings of the July 1, 1997 ShakopeeCity C ty Council Page -2- Mr. McNeill explained that Scott Rein has submitted a letter requesting a reduction in the ice rental fees at the Shakopee Community Center, with the idea that this would generate additional usage by youth groups. Mr. McNeill reported that the Parks and Recreation Advisory Board does not recommend reducing ice rental rates at this time. The Board also said that the fees are within other normal rates found in the metropolitan area. Sweeney/Zorn moved to receive and file Mr. Rein's request for reduced ice rental fees. Motion carried unanimously. Zorn/Sweeney offered Resolution No. 4693, A Resolution of the City of Shakopee, Minnesota, Approving the Final Plat of Prairie Village 2nd Addition, and moved its adoption. (Motion carried under the Consent Agenda.) Jon Albinson of Valley Green Business Park has requested the rezoning of a parcel currently zoned as Light Industrial (I-1) to Urban Residential (R-1B). Mr. Leek said that the 1997 Comprehensive Plan guides this area for single family residential usage. He said the Planning Commission has reviewed this and recommends an amendment to the Zoning Map to rezone this property to Urban Residential (R-1B). Zorn/Sweeney offered Ordinance No. 489, Fourth Series, An Ordinance of the City of Shakopee, Minnesota, Amending the Zoning Map Adopted in City Code Sec. 11.03 by Rezoning Land Located Fast of Dean Lake, South of Highway 169, and West of County Road 18 from Light Industrial (I-1) Zone to Urban Residential (R-1B) Zone, and moved its adoption. A discussion ensued relating to residences abutting the freeway. Mr. Leek explained that this property is the subject of a pending EAW (Environmental Assessment Worksheet) and a planned unit development review. He said the Planning Commission has not completed its final recommendations on the PUD because there is information that was not available to allow them to review all the issues, and because of the pending EAW. He said the project would be subject to State noise standards and certification that the standards are met or that mitigation is provided. He added that the City has not taken the stand that "only medium density" or "only high density" should be located along arterials or thoroughfares. Motion carried 4-1 with Cncl. DuBois opposed. As a result of a complaint relating to the review process for obtaining a Conditional Use Permit as well as the cost for over-height fencing, staff was directed to look at the review process for Conditional Use Permits and the fees. Mr. Leek said the Planning Commission recommends that the current review process and fee schedule, which was recently amended, remain in place. Zorn/Link moved to make no changes to the existing Conditional Use Permit review process for over-height fencing. Motion carried 4-1 with Cncl. DuBois opposed. Official Proceedings of the July 1, 1997 Shakopee City Council Page -3- Staff was previously directed to solicit proposals for a study on Park Dedication Fees for residential and commercial-industrial property. Mr. McQuillan said that Brauer and Associates, Ltd. said that revisions to the park dedication fees could be adopted and then do the study later. However, this is the not the normal sequence. Mr. Shoenbauer of Brauer and Associates noted that the study involves a comprehensive and open space study that the park dedication fees could be tied in with. Ingraham and Voss provided an alternative which included looking at the relationship of residential to commercial and industrial park use. A discussion ensued relating to justification of park dedication fees and the best use of the $6,900 for a study. Sweeney/DuBois moved to direct staff to obtain a firm agreement with Ingraham and Voss to conduct a Park Dedication Study at a cost not to exceed $6,900 (comprehensive park plan plus industrial-commercial park fee study). Motion carried 4-1 with Cncl. Link opposed. Zorn/Sweeney moved to remove Resolution No. 4699 from the table. Motion carried unanimously. Zorn/DuBois offered Resolution No. 4699, A Resolution Amending Resolution No. 4583, Adopting the 1997 Fee Schedule, and moved its adoption. A discussion ensued relating to what drives the need for new or additional parks. Sweeney/DuBois moved to amend Resolution 4699, striking the Trail Dedication Fees for Residential Plats. Motion carried 4-1 with Cncl. Zorn opposed. Motion adopting Resolution No. 4699, as amended, carried unanimously. Mr. Leek stated that this change will affect all new applications for plats. Zorn/Sweeney offered Ordinance No. 491, Fourth Series, An Ordinance of the City of Shakopee, Minnesota, Amending Chapter 12, Subdivision Regulations, Regarding Park Dedication Requirements, and moved its adoption. Motion carried unanimously. Mr. McNeill explained that the water problem in connection with the French drain appears to have been resolved and asked that final payment of $11,369.17 be released to JESCO, the masonry contractor for the Community Center Project. DuBois/Link moved to authorize release of the final retainage for JESCO, in the amount of 11,369.17. Motion carried unanimously. A recess was taken at 8:35 P.M. The meeting re-convened at 8:46 P.M. Official Proceedings of the July 1, 1997 Shakopee City Council Page -4- Barbara Zorn, President, Shakopee Community Arts Council, approached the podium and introduced Ed Lawrence, Director and Manager of the Art Train. Ed Lawrence approached the podium and said the Art Train is expected to arrive in Shakopee October 28 and will be available for public viewing for five days. The first three days will be scheduled for school tours entirely. He anticipates that 1890 students will have the privilege of viewing the Art Train. The educational information includes three lessons with objectives and slides intended for school use for grades 3-5 prior to the 45 minute tour. He said there will be three cars with the art show itself, and a fourth car for local artists to demonstrate their work. On Saturday and Sunday the Art Train will be open to the public with no admission cost. Regarding the budget, Mr. Lawrence said he would be working with the Chamber of Commerce and local motels for accommodations. The electrical power to run the train is approximately $200. Telephone costs for security purposes and insurances would bring this to $375. Mr. Lawrence said these costs are normally provided for by the cities in which the Art Train visits. There will be other incidental costs such as police, fire, and waste removal. A grant from the Minnesota Regional Arts Council has also been applied for to cover the$8,000. Sweeney/DuBois moved to direct the City Administrator in concert with the appropriate staff to work with the Shakopee Arts Council to develop a plan to support the program during the time that the Art Train is in Shakopee. Motion carried unanimously. City Council deviated from the regular order on the agenda. 14.C.3. Res. 4678 - Maras Street Improvement Project, 1996-4: Mr. Loney reported that bids were opened for the Maras Street Improvement Project No. 1996-4. Ryan Contracting, Inc. had the lowest bid at $464,815.99. An assessment breakdown was conducted of the top two bids to compare with the feasibility study. The total estimated right-of- way acquisition costs are $48,944. Adding project costs of $405,546.50 brings the total assessed costs to $454,490.50. The feasibility report assessments were estimated at $409,374.50 resulting in a bid 11% higher than the feasibility estimate. Chris Anderson, property owner on Maras Street, approached the podium. He said he plans to construct another building on his property and has inquired as to what the increase would be for his property for storm sewer costs. He said if he had sanitary sewer and water he could pass on the expense to renters. Without it, it will cost him roughly $95 a front foot or $30,000. He said with the development of the Hanson Ranch project, he anticipates sewer and water within 400 feet from his property. He said he did not understand why there would be a postage size area with no sewer and water hook up. Official Proceedings of the July 1, 1997 Shakopee City Council Page -5- Mr. Loney explained that it was more cost effective to put in a storm sewer system than to construct a ditch. He also said the area was mined many years ago and that the buildings were very low and close to the right-of-way. He added that this is likely the last area that will be served with public sewer and water, that this is not in the 2010 plan. Mr. Anderson was reminded that he can contest the assessment if he wishes, and that it would be up to the City to show that the improvement to his property is equal to the assessment. A discussion ensued relating to rejecting bids and the interpretation of a "responsible bidder". Mr. Thomson said that in his opinion, he did not feel there was sufficient evidence to declare Ryan Contracting a non-responsible bidder without giving them a chance to defend themselves. He explained that staff cannot continue to reject all bids for the purpose of eliminating one contractor. He said that if the Council believes that there would be legitimate cost savings, they could rebid, or, if they believe that that the cost overrun is an issue, there is reason to reject all bids. Zorn/Sweeney moved to reject all bids and rebid the Maras Street Project (noting that the lowest bid is 11% over what was expected). A discussion ensued relating to the change order process. Mr. Loney recommended more inspection and documentation on projects awarded to Ryan Contracting and said additional legal services will likely be needed. Motion to reject all bids failed 3-2 with Cncls. Henderson, Sweeney, and DuBois opposed. Sweeney/DuBois offered Resolution No. 4678, A Resolution Accepting Bids on Maras Street, from 13th Avenue to County Road 18, Project No. 1996-4, and moved its adoption. Motion carried unanimously. Sweeney/DuBois directed staff to place a full-time inspector on the Maras Street Project No. 1996- 4. Motion carried unanimously. Sweeney/Zorn moved to direct staff to extend the contract with WSB Engineering for additional surveying for the Maras Street Project. Motion carried unanimously. 14.D.2. Authorize Advertising for Budgeted Pumping Engines: The Council was asked to authorize the Fire Department to seek proposals for two triple combination pumper trucks. One is approximately 20 years old and unsafe to drive, and was in the 1996 replacement budget. The other is an additional pumper to cover current and future response requirements. Mr. McNeill said there is $650,000 in the Capital Equipment Fund. Actual payment would not take place until 1998. Official Proceedings of the July 1, 1997 Shakopee City Council Page -6- Terry Link, Acting Fire Chief, approached the podium and explained the deteriorated condition of the 20 year old pumper and said the additional pumper request is for the additional expansion of the City. He said that by purchasing both pumpers at the same time, considerable savings would be realized. Dave Judd, Committee Chairman, approached the podium and said the 1976 pumper has many safely issues. He said the request for a second pumper is an effort to comply with NFPA standards which require the capability of getting two pumpers on the scene very quickly to have two independent water supply lines in place before attacking the first line. He said they would also like to maintain the current 73 Mac as a low stress truck, and added that there is a problem in finding people who know how to drive a straight stick. Sweeney/Zorn moved to authorize the Shakopee Fire Department to bid "Alternate A" for one pumping engine, and "Alternate B" for two pumping engines. Motion carried unanimously. Sweeney/DuBois moved to direct the Shakopee Fire Department to obtain a bid to repair Unit 9520 to bring it up to standards. Motion carried unanimously. 14.D.3. Fire Station Roof Repair: Sweeney/Zorn moved to direct staff to prepare a budget amendment to transfer from the Contingency Fund to Building Maintenance; and, to accept the quote of Nieman Roofing Co., of New Prague, Minnesota, in the amount of$9,800, for roof repairs at the Shakopee Fire Station. Motion carried unanimously. 14.E.2. 1997 Derby Days Mr. McNeill reported that the Derby Days Committee has requested permission to use Blocks 3 & 4 during Derby Days. He said staff would work with the Committee to do some additional grading, and recommended that the insurance coverage through the Chamber list the City and the Shakopee EDA as additional insureds. Zorn/Sweeney moved to authorize for the 1997 Derby Days Celebration: the use of Blocks 3 and 4, the sale of goods on public property, to utilize Public Works maintenance crews to assist with Festival preparation and clean-up, to close certain streets during a variety of times for various events associated with the Derby Days celebration, and requested that the City and the Shakopee EDA be listed as additional insureds to the Chamber of Commerce insurance, as suggested by Mr. McNeill. Motion carried unanimously. 14.E.4. Refuse Collection Contract Renewal: Official Proceedings of the July 1, 1997 Shakopee City Council Page -7- Mr. McNeill asked Council for direction as to whether it wished to renew the contract with Waste Management, Inc. (WMI) for residential garbage pickup, or seek new proposals. Mr. McNeill said if the contract is renewed for three years the rates would remain the same for 1998. In 1999 and 2000 there would be an adjustment based on the consumer price index. He stated that containers and billing change options should be considered if renewal is considered. The existing yard waste program needs to be addressed and Mr. McNeill suggested a more user friendly system offering additional locations, outside City Hall, to purchase coupons. Staff recommends renewing the contract. A discussion ensued regarding a new State law which will increase sales tax as it relates to refuse services by 2.25%, and is not applicable to the recycling charge. Separate billing would be only to the City and would result in less cost to the customer. Zorn/DuBois moved to direct staff that a contract extension be drafted with the options outlined and be brought back to the Council for final consideration at a future meeting. Motion carried unanimously. A recess was taken at 10:22 P.M. The meeting re-convened at 10:33 P.M. 14.C.6. Petition for Fast Dean Lake Public Improvements: Mr. Loney said an application for a Planned Unit Development (PUD) and an Environmental Assessment Worksheet (EAW) has been submitted for the Fast Dean Lake development. In addition, developers have petitioned the City to construct a collector street with sanitary sewer, trunk watermain, storm sewer, streets, street lights, landscaping and sidewalks. Council is asked to determine whether or not to order a feasibility report at this time. Jon Albinson, Valley Green Business Park, approached the podium and said that should the EAW receive a negative declaration he is willing to reimburse the City for costs spent. DuBois/Link offered Resolution No. 4696, A Resolution Declaring the Adequacy of Petition and Ordering the Preparation of a Feasibility Report for Fast Dean Lake Street Collector, and moved its adoption. Zorn/Link moved to amend the motion by adding the stipulation that should the EAW receive a negative declaration, the developer agrees to reimburse the City for related costs. Motion carried unanimously. Motion offering Resolution No. 4696 carried unanimously. Official Proceedings of the July 1, 1997 Shakopee City Council Page -8- Zorn/Link moved to authorize the appropriate City officials to execute a consultant extension agreement with WSB & Associates, Inc., for consulting services to complete the feasibility report for the East Dean Lake Street Collector improvement, with the addition that the developer guarantee the costs should any changes occur based on the EAW. Motion carried unanimously. City Council returned to the regular order on the agenda. 14.B.1. Resignation of Building Inspector Steven Thorp A discussion ensued regarding consistency in hiring policies and practices. Sweeney/Link moved to accept Steve Thorp's resignation from the position of Building Inspector with regrets, and thanks for his fine service to the City. Motion carried unanimously. Sweeney/Zorn moved to direct staff to initiate the hiring process for a Building Inspector through the County. Motion carried unanimously. Mr. McNeill stated that the fresh copy of the Fuller Street Agreement that was placed on the table tonight is a result of the discussion at the last meeting. The County has not had an opportunity to review it before today. They do have concerns relating to the Shakopee Public Utilities (SPU). That part relating to the City under Number 2 on the second page is affirming the Council's previous motion to pay up to $15,000 for relocation and replacement of the Minnegasco line. He suggested that Council approve the agreement with the understanding that the final language that affects SPUC and the County will likely be changed. Sweeney/Zorn moved to direct appropriate City officials to execute the three-way agreement between the County, SPUC and the City regarding Fuller Street, with revisions produced by the County as long as there is no cost to the City. Motion carried unanimously. Zorn/Sweeney moved to authorize the appropriate City officials to execute the agreement for the storm sewer installation along 4th Avenue, between the City of Shakopee, US Communications and Cottage Homesteads of Shakopee, Inc. (Motion carried under the Consent Agenda.) Zorn/Sweeney moved to authorize the purchase of a makeup air unit and natural gas heater unit from Associated Mechanical Contractors, Inc., in the amount of$12,995, with the purchase to be paid out of the General Fund budget in the Shop Division. (Motion carried under the Consent Agenda.) Zorn/Sweeney offered Resolution No. 4694, A Resolution Restricting Parking on Vierling Drive, from Taylor Street to Presidential Lane, and moved its adoption. (Motion carried under the Consent Agenda.) Official Proceedings of the July 1, 1997 Shakopee City Council Page -9- Zorn/Sweeney moved to increase to seven the total number of fire fighter positions to be recommended to the City Council for hiring. (Motion carried under the Consent Agenda.) Zorn/Sweeney moved to approve the application and grant a Club On Sale Intoxicating Liquor License and a Sunday Intoxicating Liquor License to the Fraternal Order of Eagles Aerie #4120, 220 West 2nd Avenue. (Motion carried under the Consent Agenda.) 14.E.3. Murphy's Landing Trail Easement: The Murphy's Landing - DNR Trail Easement was removed from the Consent Agenda due to concerns in the permanent easement under item No. 6., relating to giving up the right to put in a utility line or road over the easement, unless the location is approved by the Commissioner of the Department of Natural Resources. Cncl. Sweeney recommended striking the words "in writing by the Commissioner of the Department Natural Resources" and inserting after "approved", the words "by the City of Shakopee". Another concern relates to item No. 8 which does not mention the prohibition of snowmobiles. The word "snowmobiles" was added after "dirt bikes". Sweeney/Zorn moved to grant a permanent easement to the Minnesota Department of Natural Resources for a nature trail through Murphy's Landing, as amended. Motion carried unanimously. Zom/Sweeney moved to authorize the purchase of a rooftop air conditioning unit, and its installation, along with necessary wiring costs, as recommended, from Associated Mechanical for $5,950. (Motion carried under the Consent Agenda.) Mr. McNeill reported that, as suspected, the asbestos ceiling tiles in the basement of City Hall are in the large community room as well as the northwest storage room and a portion of the corridor. Legend estimates removal to be approximately $16,000 if done this summer. In addition, on-site monitoring costs would be $2,500. They estimate this to take approximately one week to complete. Sweeney/DuBois moved to direct that Legend Environmental Services put together plans and specifications, and that competitive quotes be sought for the removal of asbestos-containing ceiling tiles in the basement of City Hall. Motion carried unanimously. Zorn/Sweeney offered Resolution No. 4698, A Resolution Apportioning Assessments Among New Parcels Created as A Result of the Platting of Hauer's 5th Addition, and moved its adoption. (Motion carried under the Consent Agenda.) Official Proceedings of the July 1, 1997 Shakopee City Council Page -10- Zorn/Link moved to appoint Councilors Sweeney and Zorn, along with City Administrator, Mark McNeill, to conduct interviews of the candidates to fill the vacancy on the Planning Commission. Motion carried unanimously. DuBois/Sweeney moved to nominate Mr. Dave Nummer and Mr. Michael Willard to the Planning Commission and the Board of Adjustment and Appeals to fill the unexpired term of James Link ending February 28, 1999. Motion carried unanimously. Zorn/Sweeney offered Resolution No. 4697, A Resolution Approving Premises Permits for the Shakopee Rotary, and moved its adoption. (Motion carried under the Consent Agenda.) Zorn/Sweeney offered Resolution No. 4695, A Resolution Accepting the Public Improvements for the Meadows West 3rd Addition, and moved its adoption. (Motion carried under the Consent Agenda.) Zorn/Sweeney moved to direct that a performance evaluation form be generated (for the city administrator position), and that a workshop be held in August to review same. (Motion carried under the Consent Agenda.) A recess was taken at 11:05 P.M. for the purpose of conducting an executive session to discuss labor negotiations. Mayor Henderson re-convened the meeting at 11:13 P.M. He reported that no action was taken by the City Council during the executive session. Zorn/Sweeney moved to adjourn to Tuesday, July 8, 1997 at 4:30 P.M. Motion carried unanimously. The meeting was adjourned at 11:14 P.M. 26. (Judith S. Cox City Clerk Esther TenEyck Recording Secretary OFFICIAL PROCEEDINGS OF THE CITY COUNCIL ADJ.REG. SESSION SHAKOPEE, MINNESOTA JULY 8, 1997 Mayor Henderson called the meeting to order at 5:11 P.M. (following the E.D.A. meeting) with Councilmembers-DuBois, Zorn, Sweeney and Link present. Also present: • Bruce Loney, Acting City Administrator; R. Michael Leek, Community Development Director; and Judith S. Cox, City Clerk. Two items were added to the agenda: 2.a) Permit for South Parkview 3rd, 2.b) Barbara Lerschen regarding Spring Lake incorporation. Sweeney/Zorn moved to approve the agenda as amended. Motion carried unanimously. Mr. Leek explained that the building department has received an application for a building permit for a lot in South Parkview 3rd Addition. Because the plat is from an outlot, no building permits can be issued until the plat is approved. He stated that it has been the policy to issue one building permit in places before the plat is recorded. He asked permission to consult with the City Attorney to see if a building permit can be issued for South Parkview 3rd Addition (prior to approval and recording of the plat). Sweeney/Zorn authorized Mr. Leek to consult with the City Attorney to determine if a single building permit can be issued in South Parkview 3rd Addition. Motion carried with Cncl.Link abstaining. Cncl.DuBois explained that she had received a call from Barbara Lerschen. Ms. Lerschen asked her to bring to the City Council the question of whether or not the City of Shakopee would be interested in providing fire service if the City of Prior Lake were to deny providing tire service to Spring Lake. She is bringing this to the table for statTto research. Mayor Henderson stated that his personal response would be that the City would be happy to explore the matter when the need arises. Zorn/Sweeney moved to adjourn to Tuesday, July 15, 1997 at 7:00 P.M. Motion carried unanimously. The meeting was adjourned at 5:18 P.M. ei?c Judy h S. Cox Clfy Clerk Recording Secretary /c) CITY OF SHAKOPEE r. Memorandum CONSENT TO: Mayor and Council Mark McNeill, City Administrator FROM: Gregg Voxland, Finance Director RE: City Bill List DATE: July 31, 1997 Introduction and Background Attached is a print out showing the division budget status for 1997 based on data entered as of 07/31/97 . 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-XXX) and Blocks 3&4 (code 9439-xxx) in the amount of $1, 386 . 90 . Action Requested Move to approve the bills in the amount of $281, 049 . 26 . Tyril ti ,..4 CITY OF SHAKOPEE EXPENSES BY DEPARTMENT 07/31/97 CURRENT YEAR ANNUAL MONTH TO PERCENT DEPT DEPT NAME BUDGET ACTUAL DATE EXPENDED 00 N/A 0 -22 -22 0 11 MAYOR & COUNCIL 89,410 2,772 24,062 27 12 CITY ADMINISTRATOR 249,980 12,118 99,578 40 13 CITY CLERK 166,720 12,795 87,517 52 15 FINANCE 322,780 25,497 184,212 57 16 LEGAL COUNSEL 217,320 31,908 95,182 44 17 COMMUNITY DEVELOPMENT 451,290 36,215 180,151 40 18 GENERAL GOVERNMENT BUILDINGS 146,940 14,183 71,017 48 31 POLICE 1,703,140 120,135 936,035 55 32 FIRE 448,990 30,521 174,283 39 33 INSPECTION-BLDG-PLMBG-HTG 245,070 19,065 134,546 55 41 ENGINEERING 425,780 29,461 182,726 43 42 STREET MAINTENANCE 781,860 102,813 382,072 49 44 SHOP 126,540 8,729 63,861 50 46 PARK MAINTENANCE 350,420 30,205 150,252 43 91 UNALLOCATED 622,630 199,225 531,360 85 TOTAL GENERAL FUND 6,348,870 675,619 3,296,831 52 17 COMMUNITY DEVELOPMENT 496,770 35,018 240,817 48 TOTAL TRANSIT 496,770 35,018 240,617 48 19 EDA 140,580 4,022 51,600 37 TOTAL EDA 140,580 4,022 51,600 37 H w tn a a a a aaaaaa a a a a x x x x x x x x x a H H HHHHHH H H H H 0 0 0 0 0 0 0 0 0 H E C4 W OU) aE z 0 • z w U H H N N N N N N N M a m in l0 N Co 01 O 0 a 01 61 01 01 01 0\ a a a N a a a d' a > m a 000000 . a a 01 a a Cr a a Z 01 in MMMMMM Ln m in in m Ln N Ln d' a 1/4f1 a a in H H 0 101010 1010 0 a O O N O 0 O a a 0 d' d' 0 H 0 0 0 0 0 0 0 0 M O O N O 0 0 M M O M M 0 O 0 a H N M a in O M l0 H N H 0 0 CO M H CO CO 0 E H H 0 CO CO CO CO O CO CO H N N co H H N co co N N H Z 0: N m a 0 0 0 0 O In H M M H H M M H H H H H M CJW N a M N N N N N d' N a a N N a a N N N N N a 000 I t L I t l l t I I L 11 I I t I t I U E 0 H H M M M M M N N H H N N H 10 N N N N N H U p a H O H H H H H N H M Lf1 H H N N H H H H H in 4 Z Co 10 0 01 01 O1 01 01 a 0) H H 0 O1 H H 01 01 O1 O1 01 N 0) 1.0 01 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 WW 0C7W W a C4 0 mc744xCil En rrIcaXX4C.7 cn cn cn rn w W U R;xf.L'a'U < W U U U Z .1 H <UDOSxX `-1 H H H O W > XO:U)U1AU 00 > > > H < Sx 0 i 1 U1 c4 FC a ca 0G E > Cr) cgEE ' X Cr) >4 W Cr) W al CO al H l,, › 'EZHI E. 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Vf V1• t? V} V1• V VT VT t/} t? H V} CO M H in- y} VT N N V} in- CO N 01 01 H Cn 0 F ClH Z 0 W h EE-' E A Z Z w H H w h 0 Z 3 3 H A A Crl X 0 [rA.. a a w a Crl Z H E• 0 ZO Cr] a a fx w Z Z 3 4 w a Z co > a 0Ca > O rs7 Z A Ci] D a X X E' .-a O H ca H Z Z c >+ Cr, rrIw H H Z c>: E4 4 A 0 C4 rx Cr] Cs] Cl a 4 >+ w' Cr, H o-7 KC a E-' H w a Ln 0 X H fx 0 E-1 a X 4 H Cr, Q Q'• \ U ^�G H H X Cl)Ca W PZ4 0 v0i 3 Z N H ' H O-] 1O Ca H CX 5 Cd w rx 4 01 fx a 0 > O 0 a Z 0 Cr. v E-' U W w A rn 01 4 4 H .1 rn H H Cc1 Cr] Z Cf] A4 L' E' Cx7 H a 0 H O al H w Cl) Cl) fx w4 H Cr] U CT) x H v L11 L0 0 H N CO 01 0 H 0 0 0 0 0 0 O 0 H H N N N Cl M M V' d' H Cl a' Ln CO V 0 H H Cl V' d' w V' V V d' N N N N N CO a H 3t 3t 3t 3t 3t it 3t it it 3t 3t 3t St 3t 3t 3t it Z 00000000000000000 Z ZZZZ Z Z Z Z Z Z Z ZZ Z ZZ 0 M w w w w w w w w w w w w w w w w 11• x, CTTY OF SHAKOPEE Memorandum TO: Mayor and City Council Mark McNeill, City Administrator FROM: Judith S. Cox, City Clerk SUBJECT: Off Sale Intoxicating Liquor License DATE: July 31, 1997 INTRODUCTION: The City Council is asked to advise whether or not Mr. Schindler is eligible to obtain an off sale intoxicating liquor license, under a corporate name (the corporation is yet to be established) if the appropriate application is completed, a successful background investigation is conducted by the Police Chief, and all conditions of the City Code are met. BACKGROUND: Mr. Paul Schindler is negotiating a lease with the developers of the Crossroads Center for an off sale liquor store. As I understand it, Crossroads desires assurance before they enter into a lease with Mr. Schindler that he would be granted an off sale license. Construction has not yet begun on the Crossroads Center and it will not be ready for occupancy until some time next year. Early next year, Mr. Schindler plans on setting up his corporation. Closer to the time of occupancy, application for the license will be submitted to the City for consideration. The application will be in the name of the new corporation owned by Mr. Schindler. Mr. Schindler has been advised that he will need to make application, go through the required background investigation and comply with all of the conditions of the city code before a license can be granted. In order to enter into a lease at this time with Crossroads Center, Mr. Schindler is asking the City Council to indicate whether or not he is eligible to obtain a license if he makes application, undergoes a successful background investigation and complies with all of the requirements of the city code. The City Code does not limit the number of off sale liquor licenses that can be issued by the City Council. Retail establishments are a permitted use in the Highway Business Zone (B- 1) . Off Sale Intoxicating Liquor License July 31, 1997 Page -2- ALTERNATIVES: 1. Indicate eligibility 2. Request that an application be submitted 3. Table request for additional information 4. Take no action RECOMMENDATION: Staff recommends alternative number one. This will allow Mr. Schindler to go forward with his lease at this time. RECOMMENDED ACTION: Direct staff to write a letter to Mr. Schindler advising him that he is eligible for an off sale intoxicating liquor license upon completion of the appropriate application, successful completion of a background investigation by the Chief of Police, and compliance with the requirements of the City Code. th S. Co , City Clerk h:\licenses\Schindle July 29, 1997 Mayor of Shakopee Shakopee City Council 129 Holm Street Shakopee, MN 55317 To Whom It May Concern: I am currently in the process of negotiating a contract to lease retail space in your new development at Crossroads Center. The retail space I am interested in leasing will become the future home of "Crossroads Off Sale Liquors". In order for me to proceed with my final preparations, I will need to know if I'm eligible to obtain a Liquor License from the City of Shakopee. If I meet all licensing criteria set forth by the State of Minnesota and the City of Shakopee, will a license be granted to me at the time of application? (I don't plan to make application until January 1, 1998.) I plan to attend the August 5th City Council meeting to hear further discussion of this matter. Thank you for your time and consideration. Sincerely, Paul Schindler AUG-01-1997 09:27 RYAN CONTRACTING 612 894 3207 P.02/02 11. 13 , Co era cti ng Inc. August I, 1997 Ms. Judy Cox,City CIerk CITY OF SHAKOPEE 129 South Holmes Street Shakopee,Minnesota 55379 Dear Judy: I request to be heard before the Mayor and City Council members on Tuesday,August 5th, City Council meeting. I would like to appear during the communications segment to discuss openly comments made about Ryan Contracting,Inc. at the July 1, 1997 council meeting. I would also like to discuss what a"non-responsive bidder"is and, answer any questions about Ryan Contracting,Inc. that anyone may have_ Based on our previous conversations I will assume that we will be able to be heard at this time. If this is not the case please contact me. Thank you. Respectfully submitted, RYAN CONTRACTING,INC. �Q ":14"(j,4 Thomas J.Ryan TJR/bp a 1 8700 13th Ave. E. • Shakopee,MN 55379 • 612-894.3200 • Fax: 612.R94_22n7 TOTAL P.02 l °3. /9. CITY OF SHAKOPEE CONSENT Memorandum TO: Mayor and City Council Mark McNeill, City Administrator FROM: Julie Klima, Planner II SUBJECT: Final Plat for Shenandoah Place DATE: August 5, 1997 DISCUSSION • Heritage Development is requesting approval of the final plat of Shenandoah Place. The subject site is located south of Eastway Avenue and west of Shenandoah Drive. A copy of the July 10, 1997,Planning Commission staff memo has been attached for your reference. ALTERNATIVES 1. Approve the Final Plat of Shenandoah Place, subject to conditions. 2. Revise the conditions of approval for the Final Plat of Shenandoah Place, and approve subject to the revised conditions. 3. Do not approve the Final Plat of Shenandoah Place. 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 Shenandoah Place, 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. I e) The applicant shall enter into an agreement regarding Park Dedication payments. Payment of$282.72 per residential lot shall be required. 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. g) The City Engineer will reapportion the existing special assessments against the lots and the developer shall waive the right to appeal the reapportionment. h) The developer shall be responsible for payment of the Trunk Storm Water Charges, security for the public improvements, engineering review fees, and other fees as required by the City's 1997 Fee Schedule. 3. The Final Construction Plans and Specifications must be approved by the City Engineer and Shakopee Public Utilities. 4. The perpetual maintenance and ownership of all open space/outlot areas and private streets/driveways shall be provided for by a Homeowners Association, in a form approved by the City Attorney. 5. The developer shall provide drainage and utility easements as required by the City's design standards. 6. All existing easement areas must be shown on the plat drawings. 7. The Common Interest Community (CIC) declarations shall be filed with the Final Plat. 8. The drawings shall be revised to identify"Eastway Avenue" rather than"Eastway Drive". 9. A variation in the maximum cul-de-sac length is granted to allow the construction of Alysheba Road to the southern boundary of the plat. ACTION REQUESTED Offer and approve Resolution No. 4711 approving the final plat with conditions. 1uie ' a Planner II i:\coimndev\cc\1997\cc0805\fpshplc.doc RESOLUTION NO.4711 A RESOLUTION OF THE CITY OF SHAKOPEE,MINNESOTA,APPROVING THE FINAL PLAT FOR SHENANDOAH PLACE WHEREAS,the Planning Commission of the City of Shakopee did review the Final Plat for Shenandoah Place on July 10, 1997, and has recommended its approval; and WHEREAS,the property upon which the request is being made is legally described as: The Southeast Quarter of the Southwest Quarter, except the North 2 rods thereof and except the south 72 feet to the East 66 feet of the North 105 feet thereof all in Section 5, Township 115, Range 22, Scott County, Minnesota and the East 2 rods of the Southwest Quarter of the Southwest Quarter except the North 2 rods thereof Section 5, Township 115, Range 22, Scott County, Minnesota; 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 Final Plat for Shenandoah Place 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$282.72 per residential lot shall be required. 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. g) The City Engineer will reapportion the existing special assessments against the lots and the developer shall waive the right to appeal the reapportionment. h) The developer shall be responsible for payment of the Trunk Storm Water Charges, security for the public improvements, engineering review fees, and other fees as required by the City's 1997 Fee Schedule. 3. The Final Construction Plans and Specifications must be approved by the City Engineer and Shakopee Public Utilities. 4. The perpetual maintenance and ownership of all open space/outlot areas and private streets/driveways shall be provided for by a Homeowners Association, in a form approved by the City Attorney. 5. The developer shall provide drainage and utility easements as required by the City's design standards. 6. All existing easement areas must be shown on the plat drawings. 7. The Common Interest Community(CIC) declarations shall be filed with the Final Plat. 8. The drawings shall be revised to identify"Eastway Avenue" rather than"Eastway Drive". 9. A variation in the maximum cul-de-sac length is granted to allow the construction of Alysheba Road to the southern boundary of the plat. 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 , 1997. Mayor of the City of Shakopee ATTEST: City Clerk PREPARED BY: City of Shakopee 129 South Holmes Street Shakopee,MN 55379 H . CONSENT CITY OF SHAK:OPEE Memont»chini TO: Shakopee Planning commission • FROM: Julie Klima, Planner II SUBJECT: Final Plat of Shenandoah Place DATE: July 10, 1997 Site Information: Applicant: Heritage Development Location: South of 4th Avenue and west of Shenandoah Drive Current Zoning,: PUD Overlay Zone 410 Adjacent Zoning. North PUD Overlay Zone #S South: Light Industrial (I-I) East: Major Recreation (RIR) West: Light Industrial/PUD ./5 (I-I R PUD) Comp. Plan: 1005: Single Family Residential Area: 40.41 Acres MUSA: The site is within the Nil[SA. Introduction Heritage Development. Inc. is requesting approval of the Final Plat for Shenandoah Place. The subject site is located south of 4th Avenue and west of Shenandoah Drive(Please see Exhibit A). Considerations The Preliminary Plat thr Shenandoah Place was approved by the City Council on May 6, 1997. The entire development is composed of 40.41 acres of land. The developer is proposing to final plat the entire area in one phase of development (Please see Exhibit B). The Final Plat, as proposed is in substantial conformance with the approved Preliminary Plat. The final plat consists of single family development, twin home development and townhome development. The twin and townhome areas are proposed for the outlot areas and will be recorded as a Common Interest Community (CIC) with Scott County. The Engineering Department has reviewed the submittal materials and has provided its comments. These comments have been attached as Exhibit C. Staff has incorporated these recommendations into the conditions of approval for the Final Plat. The Building Official has commented that the single Family and townhome dwellings must have separate utility services, while condominium units may share sewer and water services. Some minor revisions to the drawings have been recommended by stall to be completed prior to the recording of the final plat. These revisions have been included in with the recommended conditions of approval. As part of the Preliminary Plat approval granted to this project by the City Council, a variation was approved which would allow Alysheba Road to be constructed as an overlength cul-de-sac, not to exceed 750 feet. Accordin`, to the information submitted to stall: the applicant is currently proposing a length of approximately 867 feet lir AIvsheba Road (Front its intersection \\itis Meridian Drive to the southern boundary of the project) Pease rind attached. lift your reference. a cop\ of the April 17, 1997, Plannin Commission stall' report which discusses the criteria and tindini s for the variation to cul-de-sac len,th. Since the applicant is proposin, a o\'erlen�eth cul-de-sac which exceeds the variation granted, the applicant should either revise the cul-de-sac lenv,th to comply with the approved variation or request an additional variation of the City Council. Alternatives I. Recommend to the City Council approval of the Final Plat of Shenandoah Place, 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, statini2. the reasons for denial. 4. Table the decision to allow stall and/or the applicant to provide additional information. Staff Recommendation Staff recommends Alternative No. I, to recommend to the City Council approval of the Final Plat of Shenandoah Place, subject to the following conditions: a) The following procedural actions must be completed prior to the recording of the Final Plat: i) Approval of title by the City Attorney ii) l:\eclltiolt of a Developers `\,rtieinelit !Ur 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 Shakiapee. e) The applicant shall enter into an agreement regarding Park Dedication payments. Payment of$282.72 per residential lot shall be required. f) Street signs shall be constructed and installed by the City of Shakopee at a cost to the developer of 5270.00 per sign pole. fig) The City Engineer will reapportion the existing special assessments against the lots and the developer shall waive the right to appeal the reapportionment. 11) The developer shall he responsible for payment of the Trunk Storm Water Charges, security for the public improvements, engineering review ices, and other Ices as required by the City's 1997 Fee Schedule. iii) The Final Construction Plans and Specifications must be approved by the City Engineer and Shakopee Public Utilities. iv) The perpetual maintenance and ownership ofall open space/outlot areas and private streets/driveways shall be provided fir by a Homeowners Association. in a form approved by the City Attorney. v) The developer shall provide drainage and utility easements as required by the City's design standards. vi) All existing easement areas must be shown on the plat drawings. vii) The Common Interest Community (CIC') declarations shall be filed with the Final Plat. viii) The drawings shall be changed to show a 500' radius for the outside curve of the Shenandoah Drive right-of-way. ix) The drawings shall be revised to identify areas as ''Open Space" rather than "Park". x) The drawings shall be revised to identify "Eastway Avenue" rather than "Eastway Drive' . xi) A variation in the maximum cul-de-sac length is granted for Alysheba Road not to exceed 750 feet.., Action Requested Offer a motion to recommend to the City Council the approval of the Final Plat for Shenandoah Place, subject to conditions and move its approval. ulie Klinr i\ranondeobt,„„pcJ,,f-7, 11( lti til ILC t r 4 Planner II 4 I EXHIBIT A I 0\--7±*---7,-.7 ',7 , .........m•■••••4 A i, 'J:� _-! 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A�. es I �. 1 g go Cn to 1 b J ,' . /it ZS kr or 1 00 JIC �' 6 s I�...:2,_._.; ,_1 d t7„. _ �Li, p■ I \\� ,� a= I :: • del � p ——L'1 I I8 pw . 9x6.5710.4 1 1 EXHIBIT C • City of Shakopee Memorandum J: Julie Klima,Planner II -• FROM: Joel Rutherford,Assistant City Engineer 4—/ SUBJECT: Final Plat Application- Shenandoah Place DATE: July 1, 1997 After reviewing the drawings that were submitted for the referenced application,I have the following comments for the applicant, and for the planning department: EASEMENTS The drawings do not show all the easements required for the plat. Based on my review, the additional easements needed include the following: 1. Lot 10, Block 1 -The storm sewer is shown in this lot along the southeast corner. The City requires a 10' drainage and utility easement along each side of utilities that extend into or along private property; 2. Lots 10/11,Block 2 -A drainage and utility easement is required to the 100-year storm level for the pond located adjacent to these lots; 3. Areas identified as "Park" - if these areas are not controlled by the City, a 10' drainage and utility easement is required along the perimeter of these areas; 4. Outlot E - 10' Drainage and utility easement along each side of proposed storm sewer pipe and a drainage and utility easement for the pond south of Outlot E (to the 100-year storm level) and a 10' drainage and utility easement along the perimeter of the Outlot; 5. Outlot C - A drainage and utility easement is required to the 100-year storm level for the pond located along the north side of this outlot, along the perimeter, and along side the watermain, if required by the Shakopee Public Utility Commission; and 6. Outlot D - A drainage and utility easement is required to the 100-year storm level for the pond located along the north side of this outlot, along the perimeter, and along side the watermain, if required by the Shakopee Public Utility Commission. Note: the sanitary sewer and storm sewer(except for the ponding areas) are considered private in the areas identified as"Park"and in Outlots C and D. SHENANDOAH DRIVE RIGHT-OF-WAY As part of staff's review for the PUD,I had included a memo and drawing dated November 26, 1996. This memo and drawing reference the right-of-way required for Shenandoah Drive. The radius shown on the drawing is 500' for the outside curve. This radius was proposed, in order to accommodate a future 35 mph design for Shanendoah Drive. The final plat drawing shows a radius of 400' for the outside curve. Staff is recommending that this radius be changed to 500'. Recommendation Recommend approval of the Final Plat, subject to the following conditions: a) 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, security for the public improvements, engineering review fees, and other fees as required by the City's 1997 Fee Schedule. 2. The Final Construction Plans and Specifications must be approved by the City Engineer and the Shakopee Public Utility Commission; 3. The developer shall provide drainage and utility easements as required by the City's design standards; and 4. The drawings shall be changed to show a 500' radius for the outside curve of the Shanendoah Drive right-of-way. TC; (tio CITY OF SHAKOPEE Memorandum TO: Shakopee Planning Commission • FROM: Julie Klima, Plan:ner II SUBJECT: Shenandoah Place Preliminary Plat Cul-de-sac Length Variation DATE: April 17, 1997 INTRODUCTION The applicant has recently submitted a request for a variation to the cul-de-sac length requirement. Section 12.07, Subd. 1.B.1.f of the City Code states that the maximum length for a cul-de-sac in the urban service area is limited to 500 feet. DISCUSSION Historically, the above mentioned requirement has been applied not only to cul-de-sac streets, but also to temporary street stubs. When applied in this fashion, the requirement would allow the developer to construct Alysheba Road 500 feet south of its intersection with Meridian Drive until such time as another street connection could be made to surrounding properties. The 500 foot limit would allow the construction of approximately two (2) townhome buildings, rather than the anticipated fourteen (14) townhome buildings. The applicant is requesting that the 500 foot requirement be varied to allow the construction of Alysheba Road to the southern property line for this project. Therefore, also allowing the constrution of all anticipated townhome buildings. Section 12.13, Subd. 1 of the City Code provides the following criteria for granting such a variation. Staff has also included draft findings for the Commission's review. Criteria No. 1: The granting of the variation will not be detrimental to the public safety, health or welfare or injurious to other property or improvements in the neighborhood in which the property is located. Draft Finding No. 1: Granting the variation would allow only one public access into and out of the townhome portion of the project. However, if needed, an emergency access could be provided by the applicant to ensure access in emergency situations. Criteria No. 2: The conditions upon which the request for a variation is based are unique to the property for which the variation is sought, and are not applicable, generally, to other property. Draft Finding No. 2: The conditions for this request are unique to the property. This portion of the subject site is bounded on two side by the Upper Valley drainageway. Certainly, such conditions remaining area of the property is bounded by parcels not yet ready to develop. However, it is anticipated that these properties will develop at some future date. Thus allowing • additional roadway connections to be made at that time. Criteria No. 3: Literal interpretation of the provisions of this Chapter would deprive the applicant of rights commonly enjoyed by other properties in the same zoning district under the terms of this Chapter. Draft Finding No. 3: Literal interpretation of the provisions would deprive the applicant of the right to develop the property to its boundaries. While the requirement of 500 feet is currently adhered to, the draft Subdivision Regulations propose a cul- de-sac length of 750 feet. Therefore, this is a requirement that may call for revision. Criteria No. 4: The special conditions and circumstances do not result from the actions of the applicant. Draft Finding No. 4: The special conditions and circumstances do not result from the actions of the applicant. The special conditions and circumstances are unique to the property. Criteria No. 5: Because of the particular physical surroundings, shape, or topographical conditions of the specific property involved, a particular hardship to the owner would result, as distinguished from a mere inconvenience, if the strict letter of the regulations were carried out. Draft Finding No. 5: A particular hardship would result would result if the regulations are carried out. The hardship being the reliance of the development of the subject site upon the development of the adjacent properties. STAFF RECOMMENDATION Staff recommends that the Planning Commission review the criteria and draft findings and determine if its concurs with the information provided. ACTION REQUESTED Offer and pass a motion consistent with the findings of the Commission. i:\commdev\boaa-pc\1 997\apr l 7\varshpl c.doc 5, 13, CITY OF SHAKOPEE Memorandum TO: Mayor and City Council Mark McNeill, City Administrator FROM: Julie Klima, Planner II SUBJECT: Final Plat for South Parkview 3rd Addition DATE: August 5, 1997 DISCUSSION Clete Link is requesting approval of the final plat of South Parkview 3rd Addition. The subject site is located directly west of County Road 15 and north of Vierling Drive. A copy of the July 10, 1997,Planning Commission staff memo has been attached for your reference. Since the Planning Commission review of the Final Plat,the applicant has identified and requested additional variances other than those previously approved in the Preliminary Plat. As part of the Preliminary Plat approval, a variance was approved allowing a 27 foot front yard setback on Lots 1, 3, 5, 7, 9, and 15,Block 1. The applicant has submitted a site plan for the proposed final plat(please see attached). As part of the site plan, the applicant has indicated the requested front yard setbacks. In summary,the applicant is requesting the following: 26.5 foot front yard setback Lots 1, 3, 5, 7, 9,Block 1 32.5 foot front yard setback Lots 2,4, 6, 8, 16, 18, 20, 22, 24,Block 1 30 foot front yard setback Lots 10, 11, 12, 13, 14, 15,Block 1 ALTERNATIVES 1. Approve the Final Plat of South Parkview 3rd Addition, subject to conditions. 2. Revise the conditions of approval for the Final Plat of South Parkview 3rd Addition, and approve subject to the revised conditions. 3. Do not approve the Final Plat of South Parkview 3rd Addition. 4. Table action on this item and request additional information from the applicant and/or staff. PLANNING COMMISSION RECOMMENDATION The Planning Commission has not reviewed the request for the additional variances. The Planning Commission recommended the approval of the Final Plat of South Parkview 3rd Addition, 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) Street signs shall be constructed and installed by the City of Shakopee at a cost to the developer of$270.00 per sign pole. One street sign shall be required at the intersection of Quincy Circle and Vierling Drive. 3. The Final Construction Plans and Specifications must be approved by the City Engineer and Shakopee Public Utilities. 4. The City Engineer will reapportion the existing special assessments against the lots and the developer shall waive the right to appeal the reapportionment. 5. VIP Connection Fees must be paid prior to the recording of the Final Plat. 6. The approval of the Final Plat shall be contingent upon the vacation of the existing Quincy Circle right-of-way. 7. The developer is granted a 100 foot extension to the 500 foot cul- de-sac length limit. 8. The developer is granted a 8 foot variance to the 35 foot front yard setback for Lots 1, 3, 5, 7, 9, and 15, Block 1. 9. The developer is granted a 18 foot variance to the 70 foot lot width requirement for all lots. 10. The developer shall pay storm water trunk charges as applied to this development. If the Council wishes to revise the conditions to include the approval of the requested variances, it should direct staff to prepare the appropriate resolution of approval. ACTION REQUESTED Provide direction on the proposed variances and direct staff to prepare the appropriate resolution. 04 I ie Klima Planner II i:\commdev\cc\1997\cc0805\fpsprvw3.doc 12- . CONSENT CITY OF SHAKOPEE f'/eriioru/lclnrn TO: Shakopee Planning Commission FROM: Julie Klima, Planner II SUBJECT: Final Plat of South Parkview 3rd Addition DATE: July 10, 1997 Site Information: Applicant: Clete Link Location: North of\'ierlin, Drive and west of County Road 15 Current Zoning: Medium Density Residential (R-2) Adjacent Zoning. North: Urban Residential (R-IB) South: Tahpah Park East: Urban Residential (R- B) West: Urban Residential (R-1B) Comp. Plan: 1995: Medium Density Residential Area: 4.90 Acres MUSA: The site is within the MUSA. Introduction Clete Link is requesting approval of the Final Plat for South Parkview 3rd Addition. The subject site is located north of Vierling Drive and west otCounty Road 15 (Please see Exhibit A). Considerations The Preliminary Plat for South Parkview 3rd Addition was approved by the City Council on June 3, 1997. The entire development is composed of approximately 7 acres of land. This proposal is the first phase of development that has been proposed for final platting and is 4.90 acres in size (Please see Exhibit B). The remaining area of the Preliminary Plat is zoned Urban Residential (R-I B) and is not proposed for Final Plat action at this time. The Final Plat, as proposed, is in substantial conformance with the approved Preliminary Plat. 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. A revised landscape plan has been submitted that does meet the requirements of the City Code. The revised landscape plan (Sheet No. 3 of 7, Date Received of lune 24, 1997) shall be deemed approved by the Community Development Director. Alternatives 1. Recommend to the City Council approval of the Final Plat of South Parkview 3rd 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. I, to recommend to the City Council approval of the Final Plat of South Parkview 3rd Addition, subject to the following conditions: a) 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:1 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. One street sign shall be required at the intersection of Quincy Circle and Vierlinv Drive. t) The developer shall be responsible for the payment of Trunk Storm Water Charges, security for the public improvements, engineering review fees, and other fees as required by the City's 1997 Fee Schedule. iii) The Final Construction Plans and Specifications must be approved by the City Engineer and Shakopee Public Utilities. iv) The City Engineer will reapportion the existing special assessments against the lots and the developer shall waive the right to appeal the reapportionment. v) VIP Connection Fees must be paid prior to the recording of the Final Plat. vi) The developer is granted a 100 foot extension to the 500 foot cul-de-sac length limit. vii) The developer is granted a 3 toot variance to the 30 foot front yard setback for Lots 1, 3, 5, 7, 9, and 15, Block 1. viii) The developer is ,ranted a 18 toot variance to the 70 foot lot width requirement for all lots. Action Requested Offer a motion to recommend to the City Council the approval of the Final Plat for South Parkview 3rd Addition, subject to conditions and move its approval. Julie Klima Planner II is\conundcv\boaa-p0I` .)7\julIl)\Ij)sprr lwi•doc _ •r•v"• rf tP3;sF3'r= 'l"'t��•CI/AtII __L EXHIBITA-."-60.••47:7 . - :fr.deli rat .I f h ♦ li.N= '"i i.. f::x..F J J :S a' 3i Liri•ItIl A tair; •.: •,.:1•4 1 9R� pp,� . 610.• moi"' • �. meg agog•oaa' '� �i•MMI WINN,MEWS- �P • �� OAT .- a�w.b s_.ice _ •!'• --.k• J-. ` -Er" �� as �� mug sawn s 4w. OAT: • cY r,.A• �... '.;AiR�• "!y a1: •��^ tea': . �-® c gag, ! i tips'•� 4'%. 1,_ �� Ihi-fEWM ICU' ESair Trk '� I ! Y ■Y�[ T: }v. l7.. �� i .. /� '.1X.EM �i�• Pffi,'j[+ys Email ,q� •!k ,. 'sir., a� hies— attgdi z. • spar ice•,,�a Clint'., -�-liEprzi. • • • it • a- ��f��_� ,- - in�':Wei \✓ t�2 r wig nem .;- + •_ I.,: J�• ^% ►, ' 3TC'•! ffh3alu-_7K!.,=1 aSis.' 9IP,=I l' mic- x c. 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The public hearing was held on this matter before the Planning Commission on July 24, 1997. Please find attached for your reference a copy of the July 24, 1997, Planning Commission staff report. Also please find attached for your reference, a copy of the revised preliminary plat drawing, as required. The revision includes all areas intended for the construction of private streets as outlots. ALTERNATIVES I. Approve the preliminary plat with the following conditions: A. As part of the application for Final Plat, the applicant must submit the following: 1. A transportation study. 2. Revised construction drawings showing the proposed design of Vierling Drive, as provided by the City's transportation consultant. 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. 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 enter into an agreement regarding the payment of the park dedication fees. Park dedication fees shall be charged in accordance with the requirements in place at the time of Final Plat approval. g) The developer shall be responsible for payment of Trunk Storm Water Charges, security for the public improvements (including the improvements to Vierling Drive), engineering review fees, and other fees as required by the City's 1997 Fee Schedule. 3. The Final Construction Plans and Specifications must be approved by the City Engineer and Shakopee Public Utilities. 4. The developer shall provide easements, as required by City Code. 5. The developer agrees to supply to the Engineering Department a letter agreeing to comply with the following County requirements: a) The Final Plat shall show controlled access along CSAH 17. b) Drainage calculations shall be provided for any drainage entering the County right-of-way. This should include the existing and proposed conditions and a summary denoting the change of conditions for the portion entering the County system. c) With the final plat/construction plans, submit traffic information that analyzes impacts caused by this development at the CSAH 17/Vierling Drive intersection. d) No berming, landscaping, or ponding will be allowed within the County right-of-way. e) Any grading or utility work required within the right-of-way will require a permit prior to the work commencing. II. Revise the conditions and/or findings recommended by staff, and approve the Preliminary Plat for Boulder Ridge, subject to the revised conditions. III. Deny the request for approval of the Preliminary Plat for Boulder Ridge. IV. Table a decision in order to allow time for the applicant and/or staff to submit additional information or make any necessary revisions. PLANNING COMMISSION RECOMMENDATION The Commission recommended approval of the proposed preliminary plat (Alternative No. 1). ACTION REQUESTED Offer and approve Resolution No. 4713 approving t e preliminary plat with conditions. ie i a y��-' is\commdev\cc\1997\cc0805\ppbldrdg.doc Planner II RESOLUTION NO.4713 A RESOLUTION OF THE CITY OF SHAKOPEE,MINNESOTA,APPROVING THE PRELIMINARY PLAT FOR BOULDER RIDGE WHEREAS,BDM,LLC,the applicant and Vierling Partnership, owner of said property,have applied for preliminary plat approval;and WHEREAS,the property for which the request is being made is legally described as Outlot C,Prairie Estates 1st Addition, Shakopee, Scott County,Minnesota; and WHEREAS,the Planning Commission of the City of Shakopee did review the Preliminary Plat of Boulder Ridge on July 24, 1997, 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 1'HL CITY OF SHAKOPEE,MINNESOTA,as follows: That the Preliminary Plat of Boulder Ridge is hereby approved, subject to the following conditions: A. As part of the application for Final Plat, the applicant must submit the following: 1. A transportation study. 2. Revised construction drawings showing the proposed design of Vierling Drive, as provided by the City's transportation consultant. 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. 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 enter into an agreement regarding the payment of the park dedication fees. Park dedication fees shall be charged in accordance with the requirements in place at the time of Final Plat approval. g) The developer shall be responsible for payment of Trunk Storm Water Charges, security for the public improvements (including the improvements to Vierling Drive), engineering review fees, and other fees as required by the City's 1997 Fee Schedule. 3. The Final Construction Plans and Specifications must be approved by the City Engineer and Shakopee Public Utilities. 4. The developer shall provide easements, as required by City Code. 5. The developer agrees to supply to the Engineering Department a letter agreeing to comply with the following County requirements: a) The Final Plat shall show controlled access along CSAH 17. b) Drainage calculations shall be provided for any drainage entering the County right-of-way. This should include the existing and proposed conditions and a summary denoting the change of conditions for the portion entering the County system. c) With the final plat/construction plans, submit traffic information that analyzes impacts caused by this development at the CSAH 17/Vierling Drive intersection. d) No berming, landscaping, or ponding will be allowed within the County right-of-way. e) Any grading or utility work required within the right-of-way will require a permit prior to the work commencing. 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 , 1997. Mayor of the City of Shakopee ATTEST: City Clerk PREPARED BY: City of Shakopee 129 South Holmes Street Shakopee,MN 55379 W '4 ._• C111 7 ' o I[ 0 1 rs1 4. N o P11,, ii - I. 1 t , . t , . 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I I ; - 1 ..._„.: l. - :: :•-• g g 0 a ' ' 1.' n ,1 1-7, i / f CITY OF SHAKOPEE Memorandum TO: Shakopee Planning Commission FROM: Julie Klima, Planner II Beth Handrich, Planning Intern SUBJECT: Preliminary Plat of Boulder Ridge DATE: July 24, 1997 Site Information: Applicant: BDM,LLC Location: North of Vierling Drive and West of County Road 17 (See Exhibit A) Current Zoning: Medium Density Residential and Highway Business(R2 and B 1) Adjacent Zoning: North: Urban Residential (R-1B) South: Highway Business (B 1) East: Highway Business (B1) West: Urban Residential/Medium Density Residential (R-1B/R2) Comp.Plan: 1995: Medium Density Residential and Commercial Area: 16.21 Acres MUSA: The site is within the MUSA boundary. Introduction: BDM, LLC is requesting Preliminary Plat approval for a development consisting of 3 lots and an outlot. One of the lots is zoned for Medium Density Residential development and the remaining two (2) lots are zoned for commercial development. The outlot is designated for the construction of a private street(please see Exhibit B). The proposed development is located north of Vierling Drive and west of County Road 17(Marschall Road). Considerations: 1. The subject site is 16.21 acres in size. The zoning split between Medium Density Residential (R2) and Highway Business (B1) is approximately split with eight (8) acres of each district. The applicant is proposing to dedicate additional right-of-way (approximately .5 acre) along Vierling Drive for the necessary improvements, such as turn lanes. 2. There have not been any variances requested as a part of this preliminary plat. However, the applicant has indicated that on Lots 1 and 3,Block 1 (the commercial portion of the site) minor subdivisions will be proposed as users for the parcels are identified. Any minor subdivisions that are reviewed will be expected to meet all design standards and other requirements of the City Code. If these requirements are not met, the applicant will be required to either modify the plans to meet the requirements or will need to pursue an application for a variance. 3. Outlot A has been identified for the construction of a private street to serve this development. A drainage and utility easement has also been identified as part of Lot 2, Block 1. It appears that the function of this easement would also be for vehicular movements and the construction of a private street. A condition has been recommended that the Preliminary Plat be revised to identify all areas intended for private street construction as outlots prior to City Council review of the Preliminary Plat. The applicant shall also be required to provide staff with intended names of private streets for the City's review. 4. Lot 2,Block 1, will be required to develop at a density of a minimum of five and a maximum of eleven dwelling units per acre. Lots 1 and 3, Block 1, will be required to conform to all City Code design standard requirements, unless future variances are approved which would allow otherwise. 5. Park dedication will be required for this plat. Due to the ongoing revision to the park dedication requirements, the Preliminary Plat shall be subject to the park dedication requirements in place at the time of Final Plat approval. 6. The Engineering Department has reviewed this request and has provided comments. These comments are attached as Exhibit C. 7. The Scott County Highway Department has provided the following comments: a) All driveway access shall be taken from Vierling Drive, as shown. No direct access will be allowed onto CSAH 17. Controlled access along CSAH 17 will be required for the final plat. b) The existing right-of-way along CSAH 17 should be adequate. c) As previously discussed with the City Engineer, the County is preparing plans for a traffic signal at the CSAH 17/Vierling Drive intersection. The City has indicated that Vierling Drive will be upgraded at the time of these improvements. This turn land would be the responsibility of the City or the developer. d) With the final plat/construction plans, provide drainage calculations for any drainage entering the County right-of-way. This should include the existing and proposed conditions and a summary denoting any change. e) With the final plat/construction plans, submit traffic information that analyzes impacts caused by this development at the CSAH 17/Vierling Drive intersection. f) Noise levels will increase as traffic volumes increase on CSAH 17. The responsibility for noise attenuation lies with the City and the developer for any new developments along CSAH 17. g) No signing, berming, ponding or landscaping will be allowed within the County right-of-way. h) Any grading or utility work required within the County right-of-way will require a permit prior to the work commencing. 8. Scott County Environmental Health has commented that ponding areas should be lined in such a manner that significantly reduces infiltration of surface water runoff. 9. The subject site has a deferred green acre assessment. Alternatives: 1. Recommend to the City Council the approval of the request for approval of the Preliminary Plat of Boulder Ridge, subject to the following conditions: a) Prior to City Council review of the Preliminary Plat: i) The Preliminary Plat shall be revised to include all areas intended for the construction of private streets as outlots. ii) The applicant shall provide the City with names for the private streets to ensure compliance with city street naming policies. b) As part of the application for Final Plat, the applicant must submit the following: i) A transportation study. ii) Revised construction drawings showing the proposed design of Vierling Drive, as provided by the City's transportation consultant. c) 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: 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. I f) The developer shall be responsible for payment of Trunk Storm Water Charges, security for the public improvements(including the improvements to Vierling Drive), engineering review fees, and other fees as required by the City's 1997 Fee Schedule. iii) The Final Construction Plans and Specifications must be approved by the City Engineer and Shakopee Public Utilities. iv) The developer shall provide easements, as required by City Code. v) The developer agrees to supply to the Engineering Department a letter agreeing to comply with the following County requirements: a) The Final Plat shall show controlled access along CSAH 16. b) A traffic analysis will be provided to verify that there is adequate spacing distance and the locations of the entrances do not create adverse impacts at CSAH 16. c) Drainage calculations shall be provided for any drainage entering the County right-of-way. This should include the existing and proposed conditions and a summary denoting the change of conditions for the portion entering the County system. d) No berming, landscaping, or ponding will be allowed within the County right-of-way. e) Any grading or utility work required within the right-of-way will require a permit prior to the work commencing. 2. Revise the conditions recommended by staff, and recommend approval of the Preliminary Plat for Boulder Ridge,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 Boulder Ridge. 4. Table a decision in order to allow time for the applicant and/or staff to submit additional information or make any necessary revisions. Staff Recommendation: Staff recommends that the Planning Commission recommend approval of the Preliminary Plat of Boulder Ridge, subject to conditions,to the City Council(Alternative No. 1). Action Requested: Offer a motion to recommend approval of the Preliminary Plat of Boulder Ridge, subject to conditions, to the City Counciland move its approval. 440 A&C (( ffeth Handrich Planner II Planning Intern i:\commdev\boaa-pc\1997\jul24\ppbldrdg.doc . 4- ,.......,.....wi ,i\ ' Eons i,- _ ttE'�5;� • „ 42 4 EXHIBIT A :lir{Irii 1 a 1:A. i i I I 1 MDT 1 M `•,Q� -, SOUL yr ars z OUOI 1UN T s �.,;Al. _ e -fes O, -- M ' N N 1 S 1'11 ' a I'i 1 M N10 . . 1 e. ,, 3 t�� 3 r 6 vi �� 2 3 4 5 2 0 ,3 IIII.* 0411IN -- - > L . Rilitkvie4,,P004„, mlik IICIII411 ' '3 -2--e- . „emu -132— " . clipaluil fly. ..lip. i - IR mlitilliftnn MirlikeV4* jar. , �`,► 111 -.. r to . * ,00 ao i �, �qA DOW. '� 1o,d,vs, �o a n� .�. ©� O� S e Q�,MI moil .�1 Si o . 4:i'10 Sgett aQ�,1"- R 3 music (.1.111 �e .O 1-I / .` aj1 E7 n y z E 'i I 13 ��'1RI�Qn4 v 7 LLLJJJ �w , ci -� Y N =t ,;4,11 D ET =7.4. 44, Als . -`� was as Q ©t'v - �"" p� aI/�v I 4111.". "'' _ L .u.uIrnl "" ...-cery nq %cres f / i LcrcL.iture AG - i ____-------__--- = LvJ Dens:.y ReS'l:C l �a !, i (, pI ` ec .:m ens: ec _ . _. fI i .. I H.cr-vcy 3.-sHess 1 i�G- Office RuSiresS i Centrcl Busress 1 I r- _-_-_c__-___-- _.:__:.- 1 ,I '-io^t !nc.:s:r 7..iI •eC !rc : isiewl _ - G'/ L: es 1 — :,cin = -c,-- -: J misermipaumumw •an'isilli ='' - n riiir Iravf a of • 0 EXHIBIT C City of Shakopee Memorandum TO: Michael Leek,Community Development Director FROM: Joel Rutherford,Assistant City Engineer (A1-7 SUBJECT: Boulder Ridge-Preliminary Plat DATE: July 17, 1997 After reviewing the application submittals, I have the following comments for the Planning Department, and for the applicant: Streets The proposed development does not show any public streets within the plat. There are three lots being platted that abut Vierling Drive, with an outlot that will serve as a driveway for the commercial properties. A traffic study is needed to determine the traffic generated, and the impacts that will result from this traffic. No accesses will be allowed along County Road 17. The site layout shows a"right in" intersection at Vierling Drive, approximately 300 feet west of County Road 17. The drawings show two additional accesses to Vierling Drive, with both of these being full intersections. These two accesses will be directly across from the commercial development proposed on the south side of Vierling Drive (Crossroads Center). Based on previous drawings submitted, it is anticipated that another access will be proposed with the Boulder Ridge development when Lot 2, Block 1 is developed as medium density residential. This access will be located approximately 140' from the west property line. Depending on the traffic projections, this access may have to be limited to a"right in - right out". There is no connection shown for the extension of Prairie Lane. Based on the discussions at previous meetings, the residents who live near the proposed development are opposed to extending Prairie Lane through the Boulder Ridge development. If it is not extended through,the temporary cul-de-sac at the end of Prairie Lane should be replaced with a permanent cul-de-sac. The cost of this replacement should be provided by the developer for the Boulder Ridge plat. To install a permanent cul-de-sac, additional right-of-way may be necessary. The acquisition of this right-of-way should also be the responsibility of the developer. s Based on the traffic study provided by the developer for Crossroads Center, improvements are needed for Vierling Drive. These improvements are necessary for both developments,and will benefit both developments. As part of the approval for Crossroads Center, the City Council has required an agreement between the City and the developer for cost sharing for the Vierling Drive improvements. A similar agreement should be required between the City and the developer for the Boulder Ridge development. The improvements required for Vierling Drive will need additional right-of-way along Vierling Drive to be dedicated with the plat. The drawings do show the additional right- of-way needed for these improvements. However, if a right turn is installed at the most easterly"right-in"access point, additional right-of-way may be required. Storm Sewer/Grading Plan A preliminary storm water management plan has been submitted which meets the design standards for the City. Sanitary Sewer/Water/Easements The drawings submitted by the developer shows the proposed sewer and water system, and how they will serve the site. The proposed alignment shows the sanitary sewer and water that will also serve the Crossroads Center site. The sanitary sewer improvements considered public will be the main sanitary sewer(8" PVC) installed in Lot 2, Block 1, and the main sanitary sewer installed within Outlot A. The other sanitary sewer improvements shall be considered private. Shakopee Public Utility Commission would need to be contacted regarding the water system proposed for the site. Easements are shown for the proposed improvements. Additional easements are required along the perimeter of each lot, and as required by City Code. Because of the drainage proposed adjacent to County Road 17, a 20' wide easement shall be dedicated with the plat to keep the stormwater out of the County right-of-way, as required by Scott County. An access easement will be required to provide access to the pond. Wetlands The developer has provided information which indicates no wetlands exist on the site. . - • • Recommendation Recommend approval of the preliminary plat, subject to the following conditions: A) As part of the application for Final Plat,the applicant must submit the following: 1) A transportation study; and 2) Revised construction drawings showing the proposed design of Vierling Drive, as provided by the City's transportation consultant; B) 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, security for the public improvements(including improvements to Vierling Drive), engineering review fees, and other fees as required by the City's 1997 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. 5 II '21P,16, ?o o 02" c,, I i, I \ 11 3+1. \ Ir .^, - .__L I i 427.3 500'13'04"E 1� +, -1_ nu i / fi EnAS e� ( d I 1 oa.v. o u I • 87.87. g N A t i', g law `:; A a a I eo ik u b+ 207.14 LR sD'0 I )' N f" u DRAINAGE AND UTILITY EASEMENT u �`;4 I 1 .I I ,:Ai N N ♦.�-_-11.292 - L 207.11 L F S R'S:v� r g m� _ $ 1 -& 8 j PFL'IRIE .?:E r > 9IA ]0 117..23 , y mA� Ami IIIA c` (7.;sit 1 n a ... 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A A :-.11...,-11 1 Ai --1 1 1 1 o 6 w w _,//' ''''' ' \:14/ , 1:::"' 1 •1•,./1,‘..L.I\..1 ....1 Y I\ ..:111) i .:-..1 i".1,../_ cc . 0 . - 000 • 0 * -- .----• --- GOL.DEti ROD L.A.) i 01 \ /''. -\I --... 0 •-• 0 /1-.. ... ..............-. ....-.. .--- - .....- _T r _ ,/ ....... .... I • , . . . ................................ ................ ...... ....... ... . ----......................................................._............_________................._................................................................ -., l3. D , CITY OF SHAKOPEE Memorandum TO: Mayor and City Council Mark McNeill, City Administrator FROM: Julie Klima, Planner II SUBJECT: Preliminary Plat of Eagle Ridge 1st Addition MEETING DATE: August 5, 1997 INTRODUCTION James Development is requesting approval of the preliminary plat of Eagle Ridge 1st Addition. The public hearing was held on this matter before the Planning Commission on July 24, 1997. Please find attached for your reference a copy of the July 24, 1997, Planning Commission staff report. Due to Roundhouse and Sarazin Street being constructed as public improvement projects and that the proposed development could not occur without these improvements, staff will be requesting a waiver of assessment appeal from the applicant. A condition regarding the waiver of assessment appeal has been incorporated into the draft conditions of approval. ALTERNATIVES I. Approve the preliminary plat with the following conditions: A. As part of the application for Final Plat, the applicant must submit the following: 1. A storm water management plan. 2. The final plat drawing shall show controlled access for County Road 16, as required by Scott County. B. At the time of application for building permits and/or conditional use permit, the density for the development shall be reviewed to ensure that it complies with the minimum of seven and maximum of eighteen dwelling units per acre, excluding public right-of-way, as required by the City Code. C. 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) Park dedication fees shall be required in accordance with the Park Dedication policy in effect at the time of Final Plat approval. 3. The Final Construction Plans and Specifications must be approved by the City Engineer and Shakopee Public Utilities. 4. All proposed easements, as required by the subdivision ordinance, and as required by the Shakopee Public Utility Commission, shall be added to the drawings. 5. The developer agrees to provide to the City a waiver of assessment appeal for the public improvement project of construction of Roundhouse and Sarazin Streets. 6. The developer agrees to supply to the Engineering Department a letter agreeing to comply with the following County requirements: a) The Final Plat shall show controlled access along CSAH 16. b) A traffic analysis will be provided to verify that there is adequate spacing distance and the locations of the entrances do not create adverse impacts at CSAH 16. c) Drainage calculations shall be provided for any drainage entering the County right-of-way. This should include the existing and proposed conditions and a summary denoting the change of conditions for the portion entering the County system. d) No berming, landscaping, or ponding will be allowed within the County right-of-way. e) Any grading or utility work required within the right-of-way will require a permit prior to the work commencing. 7. The developer shall be responsible for payment of the stormwater trunk fees, engineering review fees, and other fees as required by the City's 1997 Fee Schedule. 8. Outlot A must either be eliminated or provide proof, via a contract, that the outlot will be sold to the adjoining property owner upon platting. No building permits shall be issued for the outlot until it has been replatted and combined with other properties so the area meets the City's design standards. II. Revise the conditions and/or findings recommended by staff, and approve the Preliminary Plat for Eagle Ridge 1st Addition subject to the revised conditions. III. Deny the request for approval of the Preliminary Plat for Eagle Ridge 1st Addition. IV. Table a decision in order to allow time for the applicant and/or staff to submit additional information or make any necessary revisions. PLANNING COMMISSION RECOMMENDATION The Commission recommended approval of the proposed preliminary plat (Alternative No. 1). ACTION REQUESTED Offer and approve Resolution No. 4714 approving the preliminary plat with conditions. ,1 ulie Klima Planner II is\commdev\cc\1997\cc0805\ppegrdg l.doc RESOLUTION NO. 4714 A RESOLUTION OF THE CITY OF SHAKOPEE,MINNESOTA,APPROVING THE PRELIMINARY PLAT FOR EAGLE RIDGE 1ST ADDITION WHEREAS,James Development,Inc.,the applicant and P.A.C.T. Credit River Road, A Limited Partnership, owner of said property, has applied for preliminary plat approval; and WHEREAS,the property for which the request is being made is legally described as attached on Exhibit A; and WHEREAS,the Planning Commission of the City of Shakopee did review the Preliminary Plat of Eagle Ridge 1st Addition on July 24, 1997, 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 THEE CITY COUNCIL OF THE CITY OF SHAKOPEE,MINNESOTA,as follows: That the Preliminary Plat of Eagle Ridge 1st Addition is hereby approved, subject to the following conditions: A. As part of the application for Final Plat, the applicant must submit the following: 1. A storm water management plan. 2. The final plat drawing shall show controlled access for County Road 16, as required by Scott County. B. At the time of application for building permits and/or conditional use permit, the density for the development shall be reviewed to ensure that it complies with the minimum of seven and maximum of eighteen dwelling units per acre, excluding public right-of-way, as required by the City Code. C. 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) Park dedication fees shall be required in accordance with the Park Dedication policy in effect at the time of Final Plat approval. 3. The Final Construction Plans and Specifications must be approved by the City Engineer and Shakopee Public Utilities. 4. All proposed easements, as required by the subdivision ordinance, and as required by the Shakopee Public Utility Commission, shall be added to the drawings. 5. The developer agrees to provide to the City a waiver of assessment appeal for the public improvement project of construction of Roundhouse and Sarazin Streets. 6. The developer agrees to supply to the Engineering Department a letter agreeing to comply with the following County requirements: a) The Final Plat shall show controlled access along CSAH 16. b) A traffic analysis will be provided to verify that there is adequate spacing distance and the locations of the entrances do not create adverse impacts at CSAH 16. c) Drainage calculations shall be provided for any drainage entering the County right-of-way. This should include the existing and proposed conditions and a summary denoting the change of conditions for the portion entering the County system. d) No berming, landscaping, or ponding will be allowed within the County right-of-way. e) Any grading or utility work required within the right-of-way will require a permit prior to the work commencing. 7. The developer shall be responsible for payment of the stormwater trunk fees, engineering review fees, and other fees as required by the City's 1997 Fee Schedule. 8. Outlot A must either be eliminated or provide proof, via a contract, that the outlot will be sold to the adjoining property owner upon platting. No building permits shall be issued for the outlot until it has been replatted and combined with other properties so the area meets the City's design 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 , 1997. Mayor of the City of Shakopee ATTEST: City Clerk PREPARED BY: City of Shakopee 129 South Holmes Street Shakopee,MN 55379 w +� EXHIBIT A PDZSLiption All that part of the East three-fourths of the South one-half of the Southeast quarter(E3/4 of S 1/2 of SE 1/4) of Section Six(6),Township One hundred fifteen(115),Range Twenty-two(22),Scott County,Minnesota, lying northerly of the public road passing through said South one-half of the Southeast Quarter(S 1/2 of SE1/4)of Section Six(6),also described as follows: Commencing at the Northeast(NE)corner of the South one-half of the Southeast Quarter(S 1/2 of SE1/4)of Section Six(6),Township One hundred fifteen(115), Range Twenty-two(22),thence running west on the north line of said South one-half of the Southeast quarter (S 1/2 of SE 1/4)one hundred twenty rods(120),thence turning at right angles and running south to the northerly line of the Shakopee and Credit River Road as now located and running through said land;thence running easterly on the northerly line of said road to the East line of said Southeast quarter of the Southeast quarter(SE1/4 of SE1/4)of Section six(6),thence running north on said east line about Seventy-one(71) rods to the place of beginning,containing about twenty(20)acres of land,more or less,except the following tract: Commencing at the Northeast corner of the South one-half of the Southeast one-quarter and running thence west along the North line thereof a distance of 1136.76 feet to the actual point of beginning;thence South at right angles a distance of 411.35 feet to a point on the North line of Hy. 16,thence Northwesterly along said North line of Hy. 16,a distance of 850.14 feet to its intersection with the said North line of South one-half;thence East a distance of 744.0 feet to actual point of beginning;all in Sec. 6,T. 115N,Range 22W. Containing 3.5 acres. CITY OF SHAKOPEE Memorandum TO: Shakopee Planning Commission FROM: Julie Klima, PlannerIl SUBJECT: Preliminary Plat of Eagle Ridge DATE: July 24, 1997 Site Information: Applicant: James Development, Inc. Location: North of County Road 16, east of Roundhouse Street and west of Sarazin Street(See Exhibit A) Current Zoning: Multiple Family Residential(R3) Adjacent Zoning: North: Prairie Bend PUD South: Medium Density Residential (R2) East: Prairie Bend PUD West: Highway Business (B 1) Comp.Plan: 1995: High Density Residential Area: 19.45 Acres MUSA: The site is within the MUSA boundary. Introduction: James Development, Inc. is requesting Preliminary Plat approval for a development is requesting Preliminary Plat approval for a development consisting of 2 lots and an outlot. The proposed use for the lots is to construct rental apartments. The proposed development is located north of County Road 16, east of Roundhouse Street, and west of Sarazin Street. Exhibit B illustrates the proposed Preliminary Plat. Considerations: 1. The applicant has provided, for reference purposes only, a site plan showing the proposed use for at least a portion of the subject site. The site plan has been attached as Exhibit C. The Planning Commission should note that this site plan is for reference only and is subject to change. At this time, the applicant is only requesting approval of the preliminary plat (Exhibit B). If the applicant does develop the property consistent with the site plan, a Conditional Use Permit(CUP)would be necessary to construct multiple buildings on one lot. This CUP would require a public hearing before the Board of Adjustment and Appeals (BOAA) and approval from that body. 2. The subject site is located within the Multiple Family Residential (R3) zoning district. This zoning district allows a minimum density of 7 dwelling units per acre and a maximum of 18 dwelling units per acre, excluding public streets. Because the site plan is subject to change, density will be reviewed at the time of conditional use permit application and/or building permit application for compliance with City Code requirements. 3. The applicant has not requested any variances with the Preliminary Plat application. 4. The Preliminary Plat, as proposed, includes the creation of Outlot A. This outlot does not meet the required criteria for a lot. Staff is recommending that the outlot either be eliminated or provide proof, via a contract, that the outlot will be sold to the adjoining property owner upon platting. No building permits shall be issued for the outlot until such time as it has been replatted and combined with other properties so that the area can meet the City's design standards. 5. The Fire Department has commented that the west hydrant should be relocated to the north on Roundhouse Street. 6. Parking and landscaping requirements, are based on the number of dwelling units and amount of floor area. Therefore, parking and landscaping requirements will be reviewed at the time of building permit application. 7. Since the area is not identified as a future park site in the City's draft Comprehensive Plan, staff is recommending that a park dedication fee be collected in lieu of park land. Due to the ongoing revisions to the park dedication requirements, the applicant will be required to comply with the park dedication requirements in effect at the time of Final Plat approval. 8. The Engineering Department has reviewed this application and has provided the attached comments. (These comments are attached as Exhibit D). These recommendations have been incorporated into the conditions of approval. 9. The Building Official has commented that building construction and location, as well as sewer and water services and fire protection are reviewed at the time of building permit application. 10. There is a deferred green acre assessment balance and a pending assessment for the subject site. 11. Scott County Environmental Health has commented that ponding areas should be lined in such a manner that significantly reduces infiltration of surface water runoff. 12. The Scott County Highway Department has provided the following comments: a) As shown, all driveway access shall be taken from the City streets. No direct access will be allowed onto CSAH 16. The final plat should show controlled access along CSAH 16. b) The existing 50 foot right-of-way, as shown, should be adequate. c) Outlot A should be platted as a lot and not an outlot. Historically, outlots end up becoming tax forfeit property. d) Provide traffic analysis to verify there is adequate stacking distance and the locations of the entrances do not create adverse impacts at CSAH 16. e) No berming, landscaping, or ponding will be allowed within the County right-of- way. f) Provide drainage calculations for any drainage entering the County right-of-way. These should include the existing and proposed conditions and a summary denoting any change. g) Noise levels will increase as traffic volumes increase on CSAH 16. The responsibility for noise attenuation lies with the City and the developer at any new developments along CSAH 16, such as Eagle Ridge First Addition. Alternatives: 1. Recommend to the City Council the approval of the request for approval of the Preliminary Plat of Eagle Ridge First Addition, subject to the following conditions: a) As part of the application for Final Plat, the applicant must submit the following: i) A storm water management plan. ii) The final plat drawing shall show controlled access for County Road 16, as required by Scott County. b) At the time of application for building permits and/or conditional use permit, the density for the development shall be reviewed to ensure that it complies with the minimum of seven and maximum of eighteen dwelling units per acre, excluding public right-of-way, as required by the City Code. c) 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: 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) Park dedication fees shall be required in accordance with the Park Dedication policy in effect at the time of Final Plat approval. iii) The Final Construction Plans and Specifications must be approved by the City Engineer and Shakopee Public Utilities. iv) All proposed easements, as required by the subdivision ordinance, and as required by the Shakopee Public Utility Commission, shall be added to the drawings. v) The developer agrees to supply to the Engineering Department a letter agreeing to comply with the following County requirements: a) The Final Plat shall show controlled access along CSAH 16. b) A traffic analysis will be provided to verify that there is adequate spacing distance and the locations of the entrances do not create adverse impacts at CSAH 16. c) Drainage calculations shall be provided for any drainage entering the County right-of-way. This should include the existing and proposed conditions and a summary denoting the change of conditions for the portion entering the County system. d) No berming, landscaping, or ponding will be allowed within the County right-of-way. e) Any grading or utility work required within the right-of-way will require a permit prior to the work commencing. vi) The developer shall be responsible for payment of the stormwater trunk fees, engineering review fees, and other fees as required by the City's 1997 Fee Schedule. vii) Outlot A must either be eliminated or provide proof, via a contract, that the outlot will be sold to the adjoining property owner upon platting. No building permits shall be issued for the outlot until it has been replatted and combined with other properties so the area meets the City's design standards. 2. Revise the conditions recommended by staff, and recommend approval of the Preliminary Plat for Eagle Ridge 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 Eagle Ridge 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. Staff Recommendation: Staff recommends that the Planning Commission recommend approval of the Preliminary Plat of Eagle Ridge First Addition, subject to conditions,to the City Council(Alternative No. 1). Action Requested: Offer a motion to recommend approval of the Preliminary Plat of Eagle Ridge First Addition, subject to conditions,to the City Council, and move its approval. `4, jJulia e 'lannerII i:\commdev\boaa-pc\1997\ju124\ppeaglrg.doc •-.. . ...•• -17-- ..-;.•-: ' • ..." .,..._, ..k._;.., -....,-....., i s'v. k- EXHIBIT A . - - tt-,- I 1 ., . .... -w,v;,....,„....., ..:_i ,,,L, , , '1,11, 1 1114__ & -elri its ,v•ii L" A-g.,eati - FAI 1.;:•/1.+-",,,=r533;53 01%11111 tl, ----1 ..' p mii.. ....•14Ir. ,.:_•Li 7:uE I:11 F"-OA" U la ll > 4TH •---- OW1 tit t a '... -" ..-....."'- - 1 I Fi gr. &el Iiik7:4 A G Bil moo . , wok 1 Wri Nre1155111rillgari , 111 U I B 1 d 1 git‘ - AwdramipAlm grhy , M II j p, .L.4.1 Alr#1 \ F ifir 4 0 j r Goa k 8,201,1".._ A •lifr' AA r 4 r.'as •/ ,.4, .4411,111P Air ... 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' .. `Ci ' - kir 011.21 Ilq \ 4, i ' , 1 --1-1 g----c: ;-17.--' 1'2_4 -----'2 1 Hec,,y ircustrcl V 4". ke41%44. . „,.., ' ts 4/4 id --------ii.---.........-...;;;- ___ '.1c.;•or Recreo'Con B 1 0edov Zones a tihEIPT -.. . _-_7-7-----:.z__• , ) Fir2. .,.__ ..• -. - ...-.., .. • - • - , . ,..., .. .. icn Ds - -- -- c.., - • - - c _4 -.. • • ","-- - . .: _. - . • _--- _ .1, • :,,,,,.,... i --- - -' ' _------- --•- Ce. -- _____, • ••,• -, ..... . • --- - - L EXHIBIT D City of Shakopee Memorandum TO: Julie Klima,Planner II FROM: Joel Rutherford,Assistant City Engineer SUBJECT: Eagle Ridge First Addition-Preliminary Plat DATE: July 21, 1997 After reviewing the application submittals, I have the following comments for the Planning Department, and for the applicant: Streets The proposed development does not show any additional public streets within the plat. Sarazin Street and Roundhouse Street have already been constructed within easement areas acquired previously be the City. The plat shows the right-of-way for these streets to be dedicated with the plat. Staff has evaluated whether a street stub should be provided for the parcel east of the plat. After review of the existing land use for the areas east, and the amount of area available for development, an access to the east does not appear to be needed or justified. A future access, via drivewayorpublic street, maybe required through Outlot A in order q to provide access to the property located west of this development(access would not be allowed off of CSAH 16). It is assumed that any commercial development proposed for the property west, will also include Outlot A. Based on this assumption, the location of this access would be best determined at the time the commercial property develops. Another access point may be through the property north of the adjacent property (see attached drawing). It is staffs understanding that the owner of the property west of the development, may also be a co-owner of the property north of that property. Based on this information, staff believes access is available to the properties west of the Eagle Ridge development. As part of the building permit(and/or Conditional Use Permit) review, staff will evaluate whether the access from the south parking area onto Sarazin Street meets the City's design standards. The current standard requires a minimum distance of 200 between accesses. The drawings show approximately 100 feet between County State Aid Highway (CSAH) 16 and the access onto Sarazin Street No direct access will be allowed onto County State Aid Highway(CSAH) 16. The final plat shall show controlled access along CSAH 16,as required by the County. Storm Sewer/Grading Plan A preliminary storm water management plan shall be submitted that meets the design standards for the City,with the final plat application. The drawings shall be revised to show the pond will side slopes no steeper than 4:1. Sanitary Sewer/Water/Easements The drawings submitted by the developer shows'the proposed sewer and water system, and how they will serve the site. No public sewer is needed to serve the site. During the construction of Sarazin Street and Roundhouse street, services were provided. Shakopee Public Utility Commission would need to be contacted regarding the water system proposed for the site. Easements are shown for the proposed improvements. Additional easements are required along the perimeter of each lot, around the pond(at the 100-year storm elevation), and as required by City Code. Recommendation Recommend approval of the preliminary plat, subject to the following conditions: A) As part of the application for Final Plat, the applicant must submit the following: 1) A storm water management plan. 2) The final plat drawing shall show controlled access for County Road 16, as required by Scott County. B) 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,engineering review fees, and other fees as required by the City's 1997 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. Pass: k3L A‹.4zses) --C-Or rroe‹r1-,/ i . Wesi- 0-9. Eititc R34g-c 1 s-1- AO) .n lk i ‘i I - ii Ilk 1- S B 1 g a P IA IP m i N 1 I I PA441 PA I a N 1 flifi Wirr%pri \ ' --L. 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I \s. filN\\—--._� ' � .000 REED 1 1 / yy •-4 , • j' //fir � i ,r r / '+ OJ I ,\ . .1'• �O i �_ 15. E , CITY OF SHAKOPEE Memorandum TO: Mayor and City Council Mark McNeill, City Administrator FROM: Julie Klima, Planner II SUBJECT: Amendment No. 3 to the High Five Erectors Planned Unit Development DATE: August 5, 1997 INTRODUCTION High Five Erectors, Inc. has submitted an application for an Amendment to the High Five Erectors Planned Unit Development(PUD). The applicant is requesting an amendment to allow the construction of a 3,200 square foot building addition. This building addition is proposed to be used for the service and storage of equipment. A copy of the July 24, 1997, Planning Commission staff memo has been attached for your reference. ALTERNATIVES 1. Approve Resolution No. 4715, subject to the conditions stated. 2. Approve the approve Resolution No. 4715, subject to revised conditions. 3. Deny Resolution No. 4715. 4. Table the decision, and request additional information from the applicant and/or staff PLANNING COMMISSION RECOMMENDATION The Planning Commission has recommended the approval of the Amendment to the High Five Erectors Planned Unit Development (Alternative No. 1)to allow the construction of a 3,200 square foot addition to the existing structure for service and storage of equipment, subject to the following conditions of approval, as well as the original conditions of approval. 1. No additional access onto County Road 83 shall be permitted. 2. At the time of building permit application, the applicant shall provide documentation that the impervious surface requirements are being complied with. 3. The applicant shall be allowed to construct a 1920 square foot addition to the existing structure for service and storage of equipment. The remaining 1280 square feet of the proposed addition shall be for future expansion. Both of the proposed additions shall generally comply with the site plan received by the City on June 30, 1997. If the applicant proposes to substantially modify the site plan, a PUD amendment shall be required. ACTION REQUESTED • Offer Resolution No. 4715, and move its adoption. , / uhe i a is\commdev\cc\1997\cc0805\pudhi5.doc Planner II RESOLUTION NO. 4715 •(AMENDMENT NO. 3) A RESOLUTION OF THE CITY OF SHAKOPEE,MINNESOTA, AMENDING RESOLUTION NO. 3592,A RESOLUTION APPROVING THE PRELIMINARY AND FINAL DEVELOPMENT PLANS FOR THE HIGH FIVE ERECTORS, INC. PLANNED UNIT DEVELOPMENT(PUD) WHEREAS, the City Council of the City of Shakopee did approve the Preliminary and Final Development Plans for the High Five Erectors, Inc. Planned Unit Development on May 19, 1992; and WHEREAS, the City Council of the City of Shakopee did approve Amendment No. 1 to the Preliminary and Final Development Plans for the High Five Erectors, Inc. Planned Unit Development on July 21, 1992; and WHEREAS, the City Council of the City of Shakopee did approve Amendment No. 2 to the Preliminary and Final Development Plans for the High Five Erectors, Inc. Planned Unit Development on April 19, 1994; and WHEREAS, High Five Erectors has requested Amendment No. 3 to the Planned Unit Development to allow construction of a 3200 square foot addition to an existing building to be used for service and storage of equipment; and WHEREAS, the Planning Commission did hold a public hearing on the request for Amendment No. 3 to the Preliminary and Final Development Plans for the High Five Erectors, Inc. Planned Unit Development on July 24, 1997 and has recommended its approval; and WHEREAS, all notices of the public hearing have been duly sent and posted and all person 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 Amendment No. 3 to the Preliminary and Final Development Plans for the High Five Erectors, Inc. Planned Unit Development, described as: Lot 1, Block 1, Behringer's First Addition, Shakopee, Scott County, Minnesota is hereby approved subject to the original conditions and following additional conditions: 1. No additional access onto County Road 83 shall be permitted. 2. At the time of building permit application, the applicant shall provide documentation that the impervious surface requirements are being complied with. 3. The applicant shall be allowed to construct a 1920 square foot addition to the existing structure for service and storage of equipment. The remaining 1280 square feet of the proposed addition shall be for future expansion. Both of the proposed additions shall generally comply with the site plan received by the City on June 30, 1997. If the applicant proposes to substantially modify the site plan, a PUD amendment shall be required. BE IT FURTHER RESOLVED, that the Mayor and City Clerk are hereby authorized and directed to execute said Development Agreement for the Final Development Plan for the Planned Unit Development. Passed in session of the City Council of the City of Shakopee, Minnesota, held this day of , 1997. Mayor of the City of Shakopee ATTEST: City Clerk PREPARED BY: City of Shakopee 129 South Holmes Street Shakopee, MN 55379 CITY OF SHAKOPEE Memorandum TO: Shakopee Planning Commission FROM: Julie Klima, Planner-11 SUBJECT: Amendment to the High Five Erectors Planned Unit Development DATE: July 24, 1997 INTRODUCTION The preliminary and final development plans for the High Five Erectors Planned Unit Development (PUD) was approved by the City Council in 1992. Amendment No. 1 to the PUD was approved in 1992 and Amendment No. 2 was approved in 1994. At the time of the original PUD request, the site was located in the Racetrack zoning district. The Racetrack zoning district, at that time, was a mandatory PUD district. Therefore, when the applicant proposed to remodel and add on to the existing structure, the PUD approval process was required. The original PUD request allowed the construction of an addition, as well as the remodeling of the existing structure, to be used for office and warehouse uses. On-site outdoor storage was also permitted. Amendment No. 1 to the PUD designated an area southwest of the building for outdoor storage of equipment that was up to 15 feet in height. Amendment No. 2 to the PUD allowed the construction- of a 4S00 square foot masonry building to be used to store and service the applicants construction equipment. The applicant is currently requesting Amendment No. 3 to PUD to allow the construction of a 3200 square foot masonry building addition. The addition is proposed to be used for the service and storage of equipment. High Five Erectors, Inc. is located at 700 Canterbury Road ( west of County Road 83 and south of 4th Avenue, please see Exhibit A). DISCUSSION The proposed development plans for the High Five Erectors PUD are attached as Exhibit B. As illustrated on Exhibit B, the applicant is proposing to construct 1920 square feet of the proposed 3200 square foot expansion upon approval of the PUD and issuance of a building permit. As explained to staff, the remaining 1280 square feet of the addition is for future development. The proposal is to add on to an existing building, therefore, access to the site would not be altered. As illustrated in the drawing, some of the existing trees will need to be removed from the site to accommodate the proposed addition. Along with the addition, the applicant is proposing to increase the portion of the subject site that is surfaced with crushed rock. The Building Official has commented that building construction and sewer and water services will be reviewed for code compliance at the time of building permit application. He has also noted that the size of the building, with additions, may require special tire protection systems. 1 Parking and landscaping shall be reviewed for compliance with the City Code at the time of building permit application. ALTERNATIVES • 1. Recommend to the City Council the approval of an amendment to the development plans of the High Five Erectors PUD to allow the construction of a 3200 square foot addition to the existing structure for service and storage of equipment, subject to the current conditions, as well as the original conditions of approval. 2. Recommend to the City Council the approval of an amendment to the development plans of the High Five Erectors PUD to allow the construction of a revised size addition to the existing structure for service and storage of equipment, subject to revised conditions, as well as the original conditions of approval. 3. Recommend to the City Council the denial of the an amendment to the development plans of the High Five Erectors PUD to allow the construction of a 3200 square foot addition to the existing structure for service and storage of equipment, subject to the current conditions, as well as the original conditions of approval 4. Continue the public hearing and request additional information from the applicant and/or staff. STAFF RECOMMENDATION Staff-recommends the approval of the request for an amendment to the development plans of the High Five Erectors PUD to allow the construction of a 3200 square foot addition to the existing structure for service and storage of equipment, (Alternative No. I), subject to the following, conditions of approval, as well as the original conditions of approval. 1. No additional access onto County Road 83 shall be permitted. 2. At the time of building permit application, the applicant shall provide documentation that the impervious surface requirements are being complied with. 3. The applicant shall be allowed to construct a 1920 square foot addition to the existing structure for service and storage of equipment The remaining 1280 square feet of the proposed addition shall be for future expansion. Both of the proposed additions shall generally comply with the site plan received by the City on June 30, 1997. If the applicant proposes to substantially modify the site plan, a PUD amendment shall be required. ACTION REQUESTED Over a motion to recommend to the City Council, the approval of an amendment to the development plans of the High Five Erectors PUD to allow the construction of a 3200 square foot addition to the existing structure for service and storage of equipment (Alternative No. 1), subject to the current conditions, as well as the original conditions of approval, and move its approval. Julie Klima Planner II is\conundcv\hoaa-pc\1997\iul24\pud►mhi5.doc 2 �? EXHIBIT A V�:��N\ � e�e�e�e�e ^ --�eO e�gaga rol0011�/I� :� _♦vim♦ 11?Ili V ss f f'�/ v4,4::Mn P. .24.. — ill I.a 1:: PAIK1rAT"Vt. - Ill --. `"'44-er 12 --3tEE,E3.5_ iik / 41FIM TT ''' '-'---i---... .. --1,- 7 RE- Q 11.4 � � I1]-7� - ii. ``tib ����4�►���►����-� rr q 1 _;�L�� �� set .. �I cr MR u� .�ul 3" B1 IT 111 yII_V. '�' ( PEW: •8 iM _ ..) -_ . 1f' .•T CIR,:fla II �i• i - � � :?,..iiiiib. 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CO 0.4 Im3 1.110.11CT SITE PLAN ereposal MN meanv 1 eisomoft ..1.• MIN111.31.011Wrloonmot DESIGN I k6""C6' pleme.O.0.1•Mr•••••• Paitall.11011100•111.1.00, HIGH FIVE ERECTORS,INC. ....•••••tr.COMM We!WS IL•illaelsweevort••••..nv .4 ; 11# 7110 couttrr SIOAD I10.IS SHAKOPEE.WI 11113170 -.. •1241.114.“ Weir?WNW. MeleftfirOMMINCTIMMITY 100•0•14111.1../.10010I• ...-.—............jya 1 � - f CITY OF SHAKOPEE Memorandum TO: Mayor and City Council Mark McNeill, City Administrator FROM: Julie Klima, Planner II SUBJECT: Amendment to the Zoning Map -Rezone property from Highway Business (B 1)to Heavy Industrial (I2) DATE: August 5, 1997 INTRODUCTION Valley Green Business Park is requesting that the Official Zoning Map be amended to rezone a parcel currently zoned as Highway Business(B1)to Heavy Industrial(12). This property is located north of 12th Avenue and east of County Road 83. A copy of the July 10, 1997, Planning Commission staff report is attached for reference. ALTERNATIVES 1. Amend the Zoning Map to rezone the subject property from Highway Business(B1)to Heavy Industrial(12). 2. Do not amend the Zoning Map. 3. Direct that the Comprehensive Plan be amended to reflect a different use for the subject site. 4. Table the decision and request additional information from the applicant or staff. PLANNING COMMISSION RECOMMENDATION The Planning Commission recommends Alternative No. 1. ACTION REQUESTED Offer Ordinance No. 493, and move its approval. 1(11&46frilit--" Julie Klima Planner II is\commdev\cc\1997\cc0805\rezvgbp.doc ORDINANCE NO. 493, FOURTH SERIES AN ORDINANCE OF THE CITY OF SHAKOPEE, MINNESOTA, AMENDING THE ZONING MAP ADOPTED IN CITY CODE SEC. 11.03 BY REZONING LAND LOCATED NORTH OF 12TH AVENUE AND EAST OF COUNTY ROAD 18 FROM HIGHWAY BUSINESS (B 1)ZONE TO HEAVY INDUSTRIAL (I2)ZONE. WHEREAS, Valley Green Business Park has made application for the rezoning of land legally described as attached on Exhibit A from Highway Business (B 1)to Heavy Industrial (I2); and WHEREAS, notices were duly sent and posted, and a public hearing was held before the Planning Commission on July 10,1997, at which time all persons present were given an opportunity to be heard; and WHEREAS, the Planning Commission voted to recommend approval of the rezoning of the property to Heavy Industrial (I2) to the City Council. THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, ORDAINS: Section 1 - That the zoning map adopted in City Code Sec. 11.03 is hereby amended by rezoning land described as attached on Exhibit A from Highway Business (B1) to Heavy Industrial (I2). Section 2 - Effective Date. This ordinance becomes effective from and after its passage and publication. Passed in session of the City Council of the City of Shakopee, Minnesota, held this day of , 1997. Mayor of the City of Shakopee Attest: , City Clerk Published in the Shakopee Valley News on the day of , 1996. Prepared by: City of Shakopee 129 S. Holmes St. Shakopee, MN 55379 2 EXHIBIT A Lot 2, Block 1, Canterbury Park Third Addition, Scott County, Minnesota, except that part shown as Parcel 74 on Minnesota Department of Transportation Right-of-Way Plat No. 70-10 on file and of record in the Office of the Registrar of Titles in and for Scott County, Minnesota and That part of Lot 1, Block 1, Valley Park Twelfth Addition, Scott County, Minnesota, which lies westerly of the following described line: Commencing at the southwest corner of said Lot 1, Block 1, Valley Park Twelfth Addition, thence North 89 degrees 02 minutes 41 seconds East, along the south line of said Lot 1, a distance of 794.92 feet to the beginning of the line to be described; thence northerly to a point on the north line of said Lot 1 distance 796.62 feet easterly of the northwesterly corner thereof and said line there • terminating. 3 CITY OF SHAKOPEE Men/ow/khan TO: Shakopee Planning Commission FROM: Julie Klima, Planner I1 SUBJECT: Amendment to the Zoning Map - Rezone property from Highway Business (B-1) to Heavy Industrial (1-2) DATE: July 10, 1997 Site Information Applicant: Valley Green Business Park Site Location: North of 12th Avenue and East of County Road 83 Current Zoning: Highway Business (B-1) Adjacent Zoning: North: Heavy Industrial (1-2) South: Fli`,hway Business (B-I) East: Heavy Industrial (1-2) West: Major Recreation (MR) Comp. Plan: 1995: Heavy Industrial and Commercial Area: 10.52 Acres MUSA: The site is within the MUSA boundary INTRODUCTION Valley Green Business Park is requesting that the Official Zoning Map be amended to rezone a parcel currently zoned as Highway Business (B-I) to Heavy Industrial (1-2). Please see Exhibit A for the location of the subject site. Exhibits are attached as follows: Exhibit A, Zoning Map; Exhibit B, Subject Site; Exhibit C, 1995 Comprehensive Land Use Map; Exhibit D, City Code Section 1136, Highway Business (B-1) regulations; and Exhibit E, City Code Section I I.46, Heavy Industrial (I-2) regulations. CONSIDERATIONS The Comprehensive Plan has set basic policies to guide the development of the City. The purpose of designating different areas for residential, commercial, and industrial land uses is to promote the location of compatible land uses, as well as to prevent incompatible land uses from being located in close proximity to one another. The Zoning Ordinance is one of the legal means by which the City implements the Comprehensive Plan. Exhibits C and D provide a list of the uses, both permitted and conditional, that are allowed in the Highway Business (B-1)and Heavy Industrial (1-2)Zones. 2. The Land Use Chapter of the 1995 Comprehensive Plan designated this area as "Commercial" and "Heavy Industrial". The majority of the site is guided for heavy industrial use, while only a small portion is designated for commercial development. The Comprehensive Land Use Plan serves as a general guide plan and is not designed to follow specific property lines and/or boundaries. The rezoning of the site to "Heavy Industrial", as requested, will be in conformance with the 1995 Comprehensive Plan. 3. The purpose of the Heavy Industrial (1-2) zone is to provide an area for industrial uses in locations remote from residential uses and in which urban services and adequate transportation exist. FINDINGS The criteria required for the granting of a Zoning Ordinance Amendment are listed below with staff findings. Criteria #1 That the original Zoning, Ordinance is in error; Finding #1 The original Zoning Ordinance is not in error. Criteria #2 That significant changes in community goals and policies have taken place; Finding #2 Significant changes in community goals and policies have, as expressed in the Comprehensive Plan, taken place. Criteria #3 That significant changes in City-wide or neighborhood development patterns have occurred; or Finding #3 Significant changes in City-wide or neighborhood development patterns have not occurred. Criteria #4 That the comprehensive plan requires a different provision. Finding #4 The Comprehensive Plan has identified the majority of this area for heavy industrial use. The Comprehensive Plan Land Use Plan serves as a general guide plan for development of the city and does not follow specific property ownership Therefore, this request is in compliance with the land use plan in the 1995 Comprehensive Plan. ALTERNATIVES I. Recommend to the City Council the approval of the request to rezone the subject property to Heavy Industrial (1-2) from Highway Business(B-1). 2. Recommend to the City Council the denial of the request to rezone property to Heavy Industrial (1-2) from Highway Business(B-I). 3. Continue the public hearing and request additional information from the applicant or staff STAFF RECOMMENDATION Staff recommends Alternative No. 1. ACTION REQUESTED Offer a motion to recommend to the City Council the approval of the request to rezone the subject property to Heavy Industrial (1-2). 7 C Julie lime Planner Il I:\commdcv\bona-pc\1997\jul I U\rcrvgbp.doc EXHIBIT A N. !\ , AL `� �►�► `i 4.....414P/MborallWAIghl ,---------"4"14 .1111111111.111101%ftim- LO :44 4S r ., ev:(:)/: 41111111 E c �' ` PA (V�r AVE 4 y�[r �O &•12,)‹. n H st,...„ ,,cz . Itt4' . *At `''� :� :�i SUS �` 7;;EyEZoes ir. �.,Tr:�' Nati* \ 12TH . Q� MR SELVE'.'at- OR. jCrC::itJ re �r___,13----- , d - �'� - " I ; ^ R��ci�Resident a . � aa�' Low Density R s•cen: c SV N ER<.9z y1 r�', -- C'. Urban Residential B1 I1 --� � gig Old Shakopee Resider:.:: R2 Medium Density Reside-, RR "-t+ R3 Multiple Family Reside7- v e i 1 B1 Highway Business ,//% 1B? I Office Business //// :// 183 1 Central Business ' </ /// ' '�''- i1 i Light Industrial 1 Heavy Industrial ; �'- Jc cr Recreation � - n.,e r'v Zones ' _ - 'c„'crd C �'-� t r c,. 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N;7•1 ' r i y .;, :i ... ••.4. ..../ 1 •a ewe ‘: 11.1. , . c.f; I i ' 6 N . i , ... ... „ 1 - ••• • •/ . , I .' 1,: •, :., i ;.: • — 11111111111111 •111 6111.1111111111 - / I ,, . • st - =k, • ' 6-5. ' riv - : -...: , 11 i 1 3 . -I : 'Xi • 1 . • 1 .• 11 • ,..i-S : ..-....' i‘ .. .. Lt ' .• • 4.; i • I f ; a- ' ..c. ,... ill • ; CI . 1i ....,.. i • ,r• NMI 111111M :::...- 1 i IP 1 . IN $ i 1 rW; '• f 0 ...'.7. ' ". .>•• ....-..-. , ,• . \. i ..; . . .:. •,... I t „ 1 , . - , ..... , ,... , - f f OttIVIIIIIIIIE AP r 411111111111111111., irilliiiiiii, ,1 i / A111.1.111.4 1 II 1 , . • N 1 , 4 i H6 .x.v 04 , 11..r„.. ; : ... . k , i i r 5' 5./ ,../ ., • ).,, •i j c-, -,., -, -, „ 1 ft ••S' 4 ' ..-„ 1 - .,- ,./ti v ,.... ,... _ 1 • . . • ' • - - !77:7-7;77-.7j tbe ''” — • ' , 2 •.:.) i Si' 71 11(,... ", I : 1 '' ] .• • -7°, t' Cr, 1 1 ;' , •, i 1 7 /...);:f 'fr-- — .._ , • 1 -Z- i 't • :*k. r . ./..(V." . i • 1.• ",' fd,4/44, , ,....., ,i • . i 6 -'.)1.4 •-% .1' ', .......i. 1.- '• X.'. i"\:\, A., 6 rt Z. ..... i". - • k1, . - ;I\'5 .,:z.) ....., , • —;„.1 .3i(CLP , ••,. 1\. 11.4...... . ,,••--• e•e•-.•_. . :.. •, i I.- i , eIk- tz:.4•,:,.• ‘....'e „... _ . 4, hs. ' .,..-. •.•,, .......1,..„‘..01;!), ' --•-1._.if ' •' -• .. - - . . •it. .0- • .,'••• • • •.-.. ' •1 \ /‘1\ ••••a ,,,.,,...• ;:i - - ' '7 1 EXHIBTT D § 11.36 • SEC. 11.36. HIGHWAY BUSINESS ZONE (B-1). Subd. 1. Purpose. The purpose of the highway business zone is to provide an area for business uses fronting on or with immediate access to arterial and collector streets. Subd. 2. Permitted Uses. Within the highway business zone, no structure or land shall be used except for one or more of the following uses: , • A. motels and hotels; B. restaurants, class I; C. retail establishments; D. utility services; E. administrative, executive and professional offices; F. financial institutions; G. medical or dental clinics; or H. public buildings. Subd. 3. Conditional Uses. Within the highway business zone, no structure or land shall be used for the following uses except by conditional use permit: A. taverns; B. churches; C. animal hospitals and veterinary clinics; D. open sales lots or any use having exterior storage of goods for sale; E. gas stations; F. restaurants, class II; G. private lodges and clubs; H. commercial recreation, major or minor, I. bed and breakfast inns; J. uses having a drive-up or drive-through window; K. vehicle sales, service, or repair, including general repair, rebuilding or reconditioning of engines or vehicles, including body work, frame work and major painting service, pp*rFru.a in 1996 1171 § 11.36 replacement of any part or repair of any part, incidental body and fender work, painting or upholstering; L car washes; M. hospitals; N. theaters; 0. funeral homes; P. utility service structures; Q. day care facilities; R. relocated structures; S. structures over 35 feet in height; T. developments containing more than one principal structure per lot; or U. retail centers; or V. other uses similar to those permitted in this subdivision, as determined by the Board of Adjustment and Appeals. Subd. 4. Permitted Accessory Uses. Within the highway business zone the following uses shall be permitted accessory uses: A. any incidental repair or processing necessary to conduct a permitted principal use; B. parking and loading spaces; C. temporary construction buildings: D. decorative landscape features; or E. other accessory uses customarily appurtenant to a permitted use, as determined by the Zoning Administrator. Subd. 5. Design Standards. Within the highway business zone, no land shall be used, and no structure shall be constructed or used, except in conformance with the following minimum requirements: A. Density: minimum lot area: (new lots): two acres (existing lots): 8,000 square feet maximum floor area ratio: .50 page r+vrssc n 1996 1172 § 11.37 B. Maximum impervious surface percentage: 75% C. Lot specifications: minimum lot width: (new lots): 100 feet • (existing lots): 60 feet minimum front yard setback: 30 feet minimum side yard setback: 20 feet minimum rear yard setback: 30 feet minimum side or rear yard setback from residential zones: 75 feet D. Maximum height 35 feet without a conditional use permit. (Ord. 31, October 25, 1979; Ord. 150, October 4, 1984; Ord. 158, January 31, 1985; Ord. 159, February 28, 1985; Ord. 246, June 17, 1988; Ord. 264, May 26, 1989; Ord. 275, September 22, 1989; Ord. 279, December 1, 1989; Ord. 292, September 7, 1990; Ord. 320, October 31, 1991; Ord. 377, July 7, 1994; Ord. 434, November 30, 1995) SEC. 11.37. Reserved. papa nuked n 1996 1173 § 11.46 EXHIBIT E SEC. 11.46. HEAVY INDUSTRY ZONE (1-2). Subd. 1. Purpose. The purpose of the heavy industry zone is to provide an area for i uses in locations remote from residential uses and in which urban services and transportation exist. Subd. 2. Permitted Uses. Within the heavy industry zone, no structure or land shall be used except for one or more of the following-uses: • A. motor freight terminals; B. manufacturing,fabrication, processing,assembly and storage operations,except those involving a project that fits within one of the Mandatory EIS Categories under Minn. Rules 4410.4400; C. warehousing and wholesaling; D. commercial vehicle rental facilities; E. research laboratories, except those involving a project that fits within one of the Mandatory EIS Categories under Minn. Rules 4410.4400; F. contractors' supply yards; G. retail sales of heavy industrial, manufacturing, or construction machinery or equipment; H. agricultural uses, but limited to the growing of field crops; • I. utility services; J. utility service structures; K. landscapinc services and contractors; L. establishments supplying goods or services to industrial users; or M. public buildings. Subd. 3. Conditional Uses. Within the heavy industry zone, no structure or land shall be used for the following uses except by conditional use permit A. manufacturing, fabrication, processing, assembly, and storage operations, and research laboratories, that fit within one of the Mandatory EIS Categories under Minn. Rules 4410.4400; B. retail sales of products manufactured, fabricated, assembled, or stored on site; C. concrete or asphalt plants; poo T.uwe u+1996 • 1238 • D. airports and heliports; E. grain elevators; F. junkyards; G. residences for security personnel; H. vehicle repair; 1. restaurants, class I or class II, contained within a principal structure and oriented toward serving employees or those working in the immediate area; J. recycling or composting facilities; K. exterior storage; L. structures over 45 feet in height; M. developments containing more than one principal structure per lot; or N. other uses similar to those permitted in this subdivision, as determined by the Board of Adjustment and Appeals. Subd. 4. Permitted Accessory Uses. Within the heavy industry zone the following uses shall be permitted accessory uses: A. parking and loading spaces; B. temporary construction buildings; C. decorative landscape features; D. offices occupying less than 25 percent of the principal structure and directly associated with a permitted use; or E. other accessory uses customarily appurtenant to a permitted use, as determined by the Zoning Administrator. Subd. 5. Desian Standards. Within the heavy industry zone, no land shall be used, and no structure shall be constructed or used, except in conformance with the following minimum requirements: A. Density: minimum lot area: 1 acre B. Maximum impervious surface percentage: 85% C. Lot specifications: • v.o.rtnn..a'1996 1239 • § 11.46 minimum lot width: 100 feet minimum front yard setback 30 feet minimum side yard setback 15 feet minimum rear yard setback 30 feet minimum side or rear yard setback from residential zones: 100 feet minimum side or rear yard setback from railroad right-of-way: 0 feet • D. ' Maximum height 45 feet without a conditional use permit. (Ord. 31, October 25, 1979; Ord. 59, May 14, 1981; Ord. 96, November 11, 1982; Ord. 138, November 24, 1983; Ord. 158, January 31, 1985; Ord 203, July 10, 1986; Ord. 246, June 17, 1988; Ord. 264, May 26, 1989; Ord. 279, December 1, 1989; Ord. 334, May 21, 1992; Ord. 377, July 7, 1994; Ord. 429, November 2, 1995) SECTIONS 11.47 -11.49. Reserved. (The next page is 1261.) • • • page i•v,•.e n 1996 • 1240 O m c .O J N V1 V O ^ W Z C L1J 1-LI Q U % L� (Uv Q( i o t .„ o n o U DZ Q._ N Q n c OO [ . c o uQ U U J ={ N O 0 LS Qi� o 7 . lm - O r� p r y 5 v o Oz E o -ZaSN sw v E $. C o w Zrn m ` mO c N �J wNW � v .f'' a'!. v o O w � •m 0 ) a_i .N 2 O U _. . _ a � O COII ; IIII1 I0I Ja •• U U .� 1-4 'el —"f mmi u' il W r1 wan11 X y0 O W ____/-.%,„ trii:i.r;.1'.1: '''.... „. ),. 1! r, ' Y i ,. .: , . 1 u n , W 3 1 i — I — — i ( r, �,to ,,',.,°;/) / • y ° L i ! --->, Q �W _‘ �: I \ T1 c ; 4 ' klib, 1 . -‘:, : r ' ' :f" ,,,,,.,., 1 1 . ., ,1 r / ..i. 1:„0:4„,,, 1 ' ! '' l "th • 11, :?) ; 1,..,........ '11.".7., . . ",, i. ,,,,,,t7''''''' • .1 • i � ym# • 4�f `i`� r�i-Ali _,'`_y ...>I ; 0 0)) \,' 1 1o ' a ' j, ' '�;�k1 IjI111;, ;qyj1 f11. sr,„ ',,,,, r.�i. ?nq R. 13, G; CITY OF SHAKOPEE CONSENT Memorandum TO: Honorable Mayor and City Council FROM: R. Michael Leek, Community Development Director SUBJECT: Text Amendment Regarding Pastoral Residences as Permitted Uses in the Residential Districts MEETING DATE: August 5, 1997 ITEM NO.: INTRODUCTION: John J. DuBois, owner of the property known as the Church of the Higher Ground, has made application for a zoning text amendment to allow pastoral residences as stand-alone residential uses in the residential districts. DISCUSSION: The Planning Commission reviewed the proposed text amendment at its meeting of July 24, 1997, and recommended approval unanimously. ALTERNATIVES: 1. Approved the proposed text amendment(Ord. No. 496) as presented. 2. Approve the proposed text amendment with revisions. 3. Do not approve the proposed amendment. 4. Table the matter for additional information. ACTION REQUESTED: Offer and approve Ord. No. 496, a text amendment regarding pastoral residences as permitted uses in the residential districts. R. Michael Leek Community Development Director TXTCHURC.DOC/RML 1 ORDINANCE NO. 496, FOURTH SERIES AN ORDINANCE OF THE CITY OF SHAKOPEE, MINNESOTA, AMENDING CHAPTER 11, ZONING, BY ADDING RESIDENCES ORIGINALLY CONSTRUCTED AS ACCESSORY USES TO CHURCHES AS A PERMITTED USE THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, ORDAINS: Section 1 - That City Code Chapter 11, Zoning Sec. 11.28 (Urban Residential Zone), Subd. 2 (Permitted Uses), is amended by adding; J. single family detached residences previously constructed as accessory uses to a church, where the resulting lot meets the design standards found in Subd. 5 of this section. Section 2 - That City Code Chapter 11, Zoning, Sec. 11.30 (Old Shakopee Residential Zone), Subd. 2 (Permitted Uses), is amended by adding; J. single family detached residences previously constructed as accessory uses to a church, where the resulting lot meets the design standards found in Subd. 5 of this section. Section 3 - That City Code Chapter 11, Zoning, Sec. 11.34 (Multiple Family Residential Zone), Subd. 2 (Permitted Uses), is amended by adding; J. single family detached residences previously constructed as accessory uses to a church, where the resulting lot meets the design standards found in Subd. 5 of Sec. 11.28 (Urban Residential Zone). Section 2 -Effective Date. This ordinance becomes effective from and after its passage and publication. Adopted in session of the City Council of the City of Shakopee, Minnesota,held the day of , 1997. Mayor of the City of Shakopee TXTCHURC.DOC/RML 2 (ORD.NO.496,FOURTH SERIES) ATTEST: City Clerk PREPARED BY: City of Shakopee 129 South Holmes Street Shakopee,MN 55379 Published in the Shakopee Valley News on the day of , 1997 TXTCHURC.DOC/RML 3 1° CITY OF SHAKOPEE Memorandum TO: Shakopee Planning Commission FROM: R. Michael Leek, Community Development Director SUBJECT: Text Amendment Regarding Pastoral Residences as Permitted Uses in the Residential Districts MEETING DATE: July 24, 1997 ITEM NO.: 10 INTRODUCTION: John J. DuBois, owner of the property known as the Church of the Higher Ground, has made application for a zoning text amendment to allow pastoral residences as stand-alone residential uses in the residential districts. DISCUSSION: There are number of church properties in Shakopee which were developed with a pastoral residence on the same lot. The applicant wishes to plat the property which he owns, and in so doing create a separate lot for the residence so that it can be sold. The subject property, however, is located in the R-3 (Multiple Family Residential) zone, which requires a one acre lot size. City Council has previously denied a request for variance to create a smaller lot, and directed that the applicant pursue a text amendment to allow the desired use. Staff has surveyed the churches in the community and found that those with pastoral residences, other than the subject property, are located in either the R-1C (Old Shakopee Residential) or R-1B (Urban Residential) zones. Thus, staff suggests amending the following sections of the City Code in the following manner; City Code Sec. 11.30 (Old Shakopee Residential Zone), Subd. 2 (Permitted Uses), by adding; J. single family detached residences previously constructed as accessory uses to a church, where the resulting lot meets the design standards found in Subd. 5 of this section. City Code Sec. 11.28 (Urban Residential Zone), Subd. 2 (Permitted Uses), by adding; TXTCHURC.DOC/RML J. single family detached residences previously constructed as accessory uses to a church, where the resulting lot meets the design standards found in Subd. 5 of this section. City Code Sec. 11.34 (Multiple Family Residential Zone), Subd. 2 (Permitted Uses), by adding; J. single family detached residences previously constructed as accessory uses to a church, where the resulting lot meets the design standards found in Subd. 5 of Sec. 11.28 (Urban Residential Zone). ALTERNATIVES: 1. Recommend the proposed text amendment as presented. 2. Recommend the text amendment with revisions to the City Council. 3. Do not recommend any proposed amendment to the City Council. 4. Table the matter for additional information. ACTION REQUESTED: Offer and pass a motion recommending approval of the proposed text amendment as presented or with revision. R. Michael Leek Community Development Director TXTCHURC.DOC/RML 2 ) 3. H CITY OF SHAKOPEE Memorandum TO: Mayor and City Council Mark McNeill, City Administrator FROM: Julie Klima, Planner II SUBJECT: Text Amendment Regarding Environmental Review of Proposed Projects DATE: August 5, 1997 INTRODUCTION The City of Shakopee has initiated a text amendment regarding the review of proposed projects that are the subject of an environmental review. At its June 5, and July 10, 1997, meetings the Planning Commission reviewed the proposed text amendment. A copy of the July 10, 1997,Planning Commission staff memo has been attached for your reference. At the July 10, meeting,the Planning Commission recommended approval of the text amendment, as proposed to the City Council. ALTERNATIVES 1. Approve the text amendment, as proposed. 2. Revise the text amendment, and approve subject to the revisions. 3. Do not approve the text amendment. 4. Table action on this item and request additional information from staff PLANNING COMMISSION RECOMMENDATION The Planning Commission has recommended the approval of the text amendment. ACTION REQUESTED Offer Ordinance No. 494, and move its approval. Julie ima Planner II i:\commdev\cc\1997\cc0805\txteawrv.doc ORDINANCE NO. 494, FOURTH SERIES AN ORDINANCE OF THE CITY OF SHAKOPEE, MINNESOTA, AMENDING CHAPTER 11, ZONING, AND CHAPTER 12, SUBDIVISION REGULATIONS, BY AMENDING GENERAL PROVISIONS OF CHAPTER 11 AND PURPOSE AND JURISDICTION OF CHAPTER 12 THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, ORDAINS: Section 1 - That City Code Chapter 11, Zoning, Section 11.81 (General Provisions)is hereby amended by adding Subd. 6. The proposed amendment to Section 11.81 would read as follows: Subd 6. Project Review. A. Land use applications (including but not limited to conditional use permits, variances, rezonings, and Planned Unit Developments) shall be accepted by the City for property that is the subject of an Environmental Assessment Worksheet (EAW) or Environmental Impact Statement(EIS), but said land use application shall be incomplete due to the environmental review and shall not be processed or reviewed by the City Council, or the City's boards or commissions, until such time as the EAW or EIS review process has been completed Section 2 - That City Code Chapter 12, Subdivision Regulations, Section 12.01 (Purpose and Jurisdiction) is hereby amended by adding Subd. 7. The proposed amendment to Section 12.01 would read as follows: Subd 7. Project Review. A. Land use applications (including but not limited to preliminary plats and final plats) shall be accepted by the City for property that is the subject of an Environmental Assessment Worksheet (EAW) or Environmental Impact Statement(EIS), but said land use application shall be incomplete due to the environmental review and shall not be processed or reviewed by the City Council, or the City's boards or commissions, until such time as the EAW or EIS review process has been completed Section 2 -Effective Date. This ordinance becomes effective from and after its passage and publication. Adopted in session of the City Council of the City of Shakopee, Minnesota, held the day of , 1997. Mayor of the City of Shakopee ATTEST: City Clerk PREPARED BY: City of Shakopee 129 South Holmes Street Shakopee,MN 55379 Published in the Shakopee Valley News on the day of , 1997 8. CITY OF SHAKOPEE Memorancfrmi TO: Shakopee Planning Commission FROM: Julie Klima, Planner II SUBJECT: Text Amendment Regarding Environmental Review of Proposed Projects DATE: July 10, 1997 INTRODUCTION At its June 5, 1997, meeting, the Planning Commission closed the public hearing on this item, while tabling a decision in order to allow staff to conduct further research on the topic. Specific direction from the Commission included obtaining information on how other communities handle this situation and information on a neighborhood meeting approach. DISCUSSION In the "Guide to the Rules of/he Minnesota Environmental Review Program" published by the Minnesota Environmental Quality Board, the following information is provided. "Whenever environmental review is required, a moratorium is automatically placed on approval of the project and also on the initiation of construction of the project. After review has been completed, the information disclosed in the EAW or EIS process is to be used in guiding the approval and permitting process." "The reason for these prohibitions is that since the purpose of environmental review is to make better informed decisions, the purpose of the process would be subverted if any decisions which were to be informed by the information disclosed in the process are made before the process has been completed". Staff believes that these statements have been provided to assist the regulatory governmental units (RGU's) in preserving the intent of the environmental review process (either an EAW or an EIS). The intent of the environmental review process being twofold. The first is the gathering, review, analysis, and distribution of information. The second is the use of the information and analysis to make a sound decision regarding the development process. When a project is the subject of an environmental review it is difficult and may be unnecessary to review a development proposal until such time as the environmental review has been completed and all necessary information has been made available. Staff has conducted a survey of eight (8) surrounding communities to research how this issue is handled. None of the communities contacted have policies in place in City Code to address the issue. The majority of these communities allow the project review to occur simultaneously with the environmental review. However, those communities which do stop the review process until the completion of the environmental review do so when the project is viewed as a controversial one. This approach is one that staff views as subjective and difficult to implement. Staff views this approach as one that is not only unfair to the developer because he/she is unaware of the process and procedure prior to initiating the development process, but it is also unfair to the concerned public because it would allow the review process to be determined on a case by case basis. With regard to the neighborhood meeting approach, the proposed text amendment does not preclude the developer from meeting with concerned citizens on the proposed development. It only would delay City review and action until such time as the environmental review was completed. Staff urges developers to hold neighborhood meetings with area residents prior to formal City review. Therefore, staff proposes a text amendment to both the Zoning Ordinance and the Subdivision Regulations regarding the review of development proposals which are the subject of an EAW or EIS. Specifically, staff proposes that Section 1 1.81 of the City Code be amended to add the following: Subd. 6. Project Review. A. Land use applications(including but not limited to conditional use permits, variances, rezonings, and Planned Unit Developments) shall be accepted by the City for property that is the subject of an Environmental Assessment Worksheet (EAW) or Environmental Impact Statement (EIS), but said land use application shall be deemed incomplete due to the environmental review and shall not be processed or reviewed by the City Council, or the City's boards and commissions, until such time as the EAW or EIS review process has been completed. Staff also proposes that Section 12.01 of the City Code be amended to add the following: Subd. 7. Project Review. A. Land use applications (including but not limited to preliminary plats and final plats) shall be accepted by the City for property that is the subject of an Environmental Assessment Worksheet (EAW) or Environmental Impact Statement (EIS), but said land use application shall be deemed incomplete due to the environmental review and shall not be processed or reviewed by the City Council, or the City's boards and commissions, until such time as the EAW or EIS review process has been completed. ALTERNATIVES I. Recommend the proposed amendment to the City Council. 2. Recommend the proposed amendment with revisions. 3. Do not recommend the proposed amendment to the City Council 4. Table the matter for additional information. STAFF RECOMMENDATION Staff recommends Alternative No. I. ACTION REQUESTED Offer and pass a motion to recommend approval of the proposed text amendments to the City Council. , lanner II i aconmidcv\boaa-pc\1997\it,'I 0\txt unv.doc 13. I. CITY OF SHAKOPEE Memorandum TO: Mayor and City Council Mark McNeill, City Administrator FROM: R. Michael Leek, Community Development Director SUBJECT: Text Amendment Regarding Required Yards and Open Space MEETING DATE: August 5, 1997 ITEM NO.: INTRODUCTION: Because of a discussion the Board of Appeals and Adjustments had regarding the variance request of Mark and Dawn McQuillan, the Board directed staff to prepare a text amendment addressing and clarifying the exception to yard requirements found in City Code Sec. 11.81 (General Provisions), Subd. 3 (Required Yards and Open Space), B.2. DISCUSSION: The Planning Commission reviewed a proposed amendment at it's meeting of July 24, 1997. Subsequent to the meeting, a representative of Carlson and Carlson Surveying (representing a number of variance applicants) contacted City staff, and indicated that the amendment as recommended by the Planning Commission would not accommodate certain of those applicants. As recommended by the Commission, the text amendment would read as follows; B. The following shall not be considered to be encroachments on yard requirements; 3. Terraces, steps, decks or similar structures, which do not exceed five (5) feet in height at any point,and which are setback a minimum of five (5) feet from any side lot line and/or ten(10) feet from the rear property line. • - - : .- - - • . . - - .. . . . five feet from each lot line. Given the interest in providing an accommodation for the problems posed by split-level house designs such as those referred to by Carlson and Carlson, a further suggested text amendment is as follows; B. The following shall not be considered to be encroachments on yard requirements; Document6/RML 1 3. a) Terraces; b) steps; c) decks which do not exceed five (5) feet in height from the ground to the bottom of the floor joists measured at the building wall., and d) similar structures, which are setback a minimum of five(5) feet from any side lot line and/or ten (10) feet from the rear property line. ALTERNATIVES: 1. Approve the proposed text amendment as presented. 2. Approve the text amendment with revisions. 3. Approve the text amendment as recommended by the Planning Commission. 4. Refer the matter to the Planning Commission for further consideration. 5. Do not pass any amendment. 6. Table the matter for additional information. ACTION REQUESTED: Offer and pass Ordinance No. 49. , and ordinance amending City Code Section 11.81. 0 y i e-/1Z R. Michael Leek Community Development Director Document6/RML 2 ORDINANCE NO. 495, FOURTH SERIES AN ORDINANCE OF THE CITY OF SHAKOPEE, MINNESOTA, AMENDING CHAPTER 11, ZONING, BY AMENDING SEC. 11.81 (GENERAL PROVISIONS), SUBD. 3 (REQUIRED YARDS AND OPEN SPACE THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, ORDAINS: Section 1 - That City Code Chapter 11, Zoning Sec. 11.81 (General Provisions), Subd. 3 (Required Yards and Open Space), is amended as follows; B. The following shall not be considered to be encroachments on yard requirements; 3. a) Terraces; b) steps; c) decks which do not exceed five (5) feet in height from the ground to the bottom of the floor joists measured at the building wall; and d) similar structures, which are setback a minimum of five (5) feet from any side lot line and/or ten (10) feet from the rear property line. Section 2 -Effective Date. This ordinance becomes effective from and after its passage and publication. Adopted in session of the City Council of the City of Shakopee, Minnesota, held the day of , 1997. Mayor of the City of Shakopee ATTEST: City Clerk PREPARED BY: City of Shakopee 129 South Holmes Street Shakopee,MN 55379 Published in the Shakopee Valley News on the day of , 1997 TXTDECKS.DOC/RML 3 I CITY OF SHAKOPEE Memorandum TO: Shakopee Planning Commission FROM: R. Michael Leek, Community Development Director SUBJECT: Text Amendment Regarding Required Yards and Open Space MEETING DATE: July 24, 1997 ITEM NO.: 11 INTRODUCTION: Because of a discussion the Board of Appeals and Adjustments had regarding the variance request of Mark and Dawn McQuillan, the Board directed staff to prepare a text amendment addressing and clarifying the exception to yard requirements found in City Code Sec. 11.81 (General Provisions), Subd. 3 (Required Yards and Open Space), B.2. DISCUSSION: City Code currently provides an exception to setbacks as follows; B. The following shall not be considered to be encroachments on yard requirements; 3. Terraces, steps, or similar structures, which do not exceed the height of the main entry door sill and are set back a minimum of five feet from each lot line. ... (underlining added) This provision has been interpreted to apply to decks as"similar structures." Likewise, the provision has been interpreted to mean that a deck is not subject to the exception if, at any point, it exceeds the height of the door sill from grade on the side of the house on which the deck is to be located. Several points of confusion exist in this current code. First, many of the house built in the City are split-level in design with walk-out levels, with the result that what is typically considered the main (front) entry door is much higher than the walk-out level. Second, many lots slope away from the side of the house on which a deck is to be placed, with the result that at some point the deck is"higher" above ground than even the imputed entry door sill. City staff surveyed a number of communities regarding their deck setback requirements. the results of that survey are summarized on the attachment. The approaches taken by TXTDECK.DOC/RML 1 communities varies substantially. In Savage, the setbacks are the same as for the house/principal structure. By contrast, Bloomington permits a five foot side yard setback and 10 foot rear yard setback when the deck is less than five feet above grade. Apple Valley has different setback requirements for decks which are up to and over eighteen inches. Given the interest in providing an accommodation for the problems posed by split-level house designs, a suggested text amendment is as follows; B. The following shall not be considered to be encroachments on yard requirements; 3. Terraces, steps, decks or similar structures, which do not exceed five (5) feet in height at any point, and which are setback a minimum of five (5) feet from any side lot line and/or ten (10) feet from the rear property line. the height of the main entry door sill and arc set back a minimum of five feet from each lot line. ALTERNATIVES: 1. Recommend the proposed text amendment as presented. 2. Recommend the text amendment with revisions to the City Council. 3. Do not recommend any proposed amendment to the City Council. 4. Table the matter for additional information. ACTION REQUESTED: Offer and pass a motion recommending approval of the proposed text amendment as presented or with revision. R. Michael Leek Community Development Director TXTDECK.DOC/RML 2 Deck Setbacks In Single Family Residential Zones ,ngton(Kim) ,Then deck is not greater than 5 feet above grade: 5 foot side setback 10 foot rear setback - 20 foot front setback • When deck is greater than 5 feet above grade: 10 foot side setback 20 foot rear setback 25 foot front setback • A variance is required for any exceptions-possible exceptions are whatever the applicant feels is a hardship. Savage (Jay) • Setbacks are the same as those of the home: 30 foot front setback and 20% of the rear lot depth(minimum of 25 feet) The home may occupy 80% of the total lot; the minimum side setback is 8% of lot width. Again, deck follows the same setbacks as the home. Burnsville (Chad) • 5 foot side (interior) setback 20 foot side (street) setback 8 foot rear setback 30 foot front setback • There are no exceptions. A person may try for a variance,but there is no history of this happening. Eagan (Frank) • 5 foot side setback 15 foot rear setback 30 foot front setback(must follow setbacks of the home) • Exceptions are granted case by case; variances are a last resort for people. Apple Valley(Nelda) • See attachment '+tt((:i.i•:.�v�'•tip#t}~:�v�it::?:ii:?:::#S'.':::�;:�i:.???{.::##}'ry:>ti�':iti':4S' k%•�5:4%a:..ti .:'A.: nv;....:::;•.v:.v:...:::::::::: 'i•.v;.. rh+t::::::..5.:::•:�..:::::::.v}::.. k:!;$;-••• v.;::f•:: .::•f.:.'e'•kC:# :i':'#{fi::i'r:?l.:x f:f.);r•Y�,."M:.�}.•v{ix.-{?f$'}'.{??S}%{ .....:.v:::;r:rv::S:•?:a;: .:.... w.:v::: •: ... ... rk:%L i{:k}S:4}w:k:....v .:f...:.:v:.r .v}{t. 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Chanhassen (Cindy) • Decks may encroach 5 feet into any setback with the setbacks being: 10 foot side setback 30 foot rear setback 30 foot front setback • Variances may be granted with hardships 74,200 P -j.Fax Note 7671 �,_ ve ue ã!1eye Notley MN e i" 1 , n -• `-elf� Co. _ Far,# Phone rr '": - •-7 16 Fax DECKS _ 1. B ���Dl;�a cEecks�'IITS-Arc regu ired setbacks.uet ld e sabmied for any�0 hes or mdeckrove is attached to a aIf hgedeS are made after the to tele>f a P roar is e�ui�red acur-_`_ permit has been issued,a 1. PLAN� plan review m Icate setbaE� fee will �NTs- Aosn sue ands °m property.TwO(2)copies ofd + _ 3. in Pacini, footing senes, size of the deck,Plan drawn to scale. e���goc�at°OIIs a shad a dec depth. cls Joist size and spacingnb ar---= Front _ d decks °n our pro k Mend wto serb� Y ao mo eat are y"or l per(y, contact theme easement. s7nro a�Y extend moan 8 or le s above$Lade a burl rail ins YOu are unsure ._ I8 beset back a the 3 Uncovered, front with nor inspection r " e a above mum of aback by no Yard bale'. U�may extend iyard toe te=7 vncov more es that are 7' the ll erear Yar decks shall be 5e�ba s de l•ot linesncoUncovered, d or abet: screen porch or or Some dechigher 18"above of S'from d, rear yard deck: Setback requirements hree season porch designs may not be a prop Y extend lot lace entac,e 4. FROST F are not the same the deck fapropnate should the ruder than 12'--_-.: gage teat0p�'IlYGS ame deck setbackrrn bfuture consideration. of a 3. GU °st tootingrequiredn f st e a deck that is d°n Pc 7:-.-_ ' decks that a _ a mIn�Lm of 42 iancChe�s to a dwelling or ` diameter hall have tear draiis shh ee 6 inches or more deep. a 6. • sphere canno p ate mor ainches emum in height.ode must be through_ arum al pattern such Gtafourprotected d t overhang o ists should not a f0��4)Inch tr 7. FLA NTILE approved by the building is should more overhang beams b y more than in SeriRINo'�l connections Pon dehan one parhalf tment. 1/2)feet (2)feet; nor 8. ash shall n ashes Veen deck and. mess a special pcenter osis(4 1/Z bolted to dwelling shall be waterproof. An enter ST-M st.be bolted to length dg rim joist o y cuts 9• JOIST m top to bottom three-ej3hths dw g with la supportNGERS_Joists d Rim Joist to be�sa(3/8)inch sizer diameter;lts shame four Y Jolt Clan aurin as de spaced I6 Secs. A(1 holes�join���e s Shlwood b�or ho c�Jonsts. use ledger shallhabe of the Minnesota Zoological Garden ®y CITY OF SHAKOPEE Memorandum CONSENT TO: Mayor and City Council Mark McNeill, City Administrator FROM: Julie Klima, Planner II SUBJECT: Final Plat for Crossroads Center DATE: August 5, 1997 DISCUSSION Midwest Commercial Development, Inc. is requesting approval of the final plat of Crossroads Center. The subject site is located south of Vierling Drive and west of County Road 17 (Marschall Road). A copy of the July 24, 1997,Planning Commission staff memo has been attached for your reference. At its July 24, 1997, meeting,the Planning Commission reviewed a request for additional variations with the Final Plat(please see the July 24, 1997, staff memo). However,the applicant has since requested that these additional variations be disregarded and that the original variations approved with the Preliminary Plat be carried forward. A list of the approved variations have been attached to this report as Exhibit A. ALTERNATIVES 1. Approve the Final Plat of Crossroads Center, subject to conditions. 2. Revise the conditions of approval for the Final Plat of Crossroads Center, and approve subject to the revised conditions. 3. Do not approve the Final Plat of Crossroads Center. 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 Crossroads Center, subject to conditions. ACTION REQUESTED Offer and approve Resolution No. 4712 approving the final plat with conditions. / to i a ti? Planner II i:\commdev\cc\1997\cc0805\fpersrds.doc Ti. k 1O3 RESOLUTION NO.4712 A RESOLUTION OF THE CITY OF SHAKOPEE,MINNESOTA,APPROVING THE FINAL PLAT FOR CROSSROADS CENTER WHEREAS,the Planning Commission of the City of Shakopee did review the Final Plat for Crossroads Center on July 24, 1997, and has recommended its approval; and WHEREAS,the property upon which the request is being made is legally described as: Oudot D,Prairie Estates 1st Addition excepting therefrom Parcel 55 per Minnesota Department of Transportation Right-of-Way Plats 70-4 and 70-5, Shakopee, Scott County, Minnesota; 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'TILE: CITY OF SHAKOPEE,MINNESOTA,as follows: That the Final Plat for Crossroads Center is hereby approved subject to the following conditions: A. The proposed variances are approved, as attached on Exhibit C. 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. 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. Park dedication payments shall be paid prior to the recording of the Final Plat. Park dedication payments shall be made in accordance with the park dedication requirements in place at the time of final plat approval. f) The developer is responsible for the costs of upgrading Vierling Drive which are attributable to the developer's project. g) The applicant shall provide a landscaping bond in the amount equal to 115% of the value of the landscaping to ensure compliance with Section 11.60 of the City Code during the first year after planting. 3. The Final Construction Plans and Specifications must be approved by the City Engineer and Shakopee Public Utilities. 4. The developer shall provide access easements to the ponding areas. 5. The developer shall provide the necessary access agreements for Outlot A. 6. Stormwater trunk charges shall be paid in accordance with adopted City policy. 7. A landscaping plan shall be submitted and reviewed by the Community Development Director to ensure compliance with landscaping standards. The landscaping plan for the site shall also be in conformance with the landscape requirements approved with the retail center conditional use permit for the site. 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 , 1997. Mayor of the City of Shakopee ATTEST: City Clerk PREPARED BY: City of Shakopee 129 South Holmes Street Shakopee,MN 55379 ur411.Crossroads Center Loucks Project No. 96126 APR7 1997 Conditional Use Permit(CUP) Narrative EXHIBIT A April 16, 1997 � !" gl `Ill�yll�IJ To develop this site as retail center and in line with the City CUP procedure, it is necessary to request variations to the City standards as follows. These variations are a direct result of subdividing the property for individual ownership while maintaining common parking and access drives, inherent to retail centers. Street Frontage(Frontage on a public right of way) Lot 2,Block 1 (Frontage on a common outlot for access) Lot 2,Block 2 (Frontage on a common outlot for access) Lot Area(1.0 acre minimum) Actual Variation Lot 2, Block 1 0.40 acre 0.60 acre Lot 2, Block 2 0.78 acre 0.22 acre Lot 3, Block 2 0.86 acre 0.14 acre Interior Building Setback (30' front, 20' side,30' rear) Actual Variation Lot 2, Block 1 2' (front) 28' (front) Lot 3, Block 1 19' (rear) 11' (rear) Lot 5, Block 1 8' (rear) 22' (rear) • Lot 3, Block 2 28' (rear) 2' (rear) Interior Parking Setback(5' to interior lot lines) Actual Variation Lot 1, Block l 0' 5' Lot 3, Block 1 2' 3' Lot 6, Block 1 4' 1' Lot 1, Block 2 3' 2' impervious Surface (75%maximum impervious) Lot 1,Block 1 Greater than 75% Lot 3, Block 1 Greater than 75% Lot 4, Block 1 Greater than 75% Lot 2, Block 2 Greater than 75% Lot 3, Block 2 Greater than 75% All building and parking setbacks to the exterior of the site are per City standards. 196126'•misc`.curnara2.doc 1 2 . CITY OF SHAKOPEE Memorandum TO: Shakopee Planning Commission FROM: Julie Klima, Planner II SUBJECT: Final Plat of Crossroads Center DATE: July 24, 1997 Site Information: Applicant: Midwest Commercial Development Location: South of Vierling Drive and west of County Road 17 Current Zoning: Highway Business(B 1) Adjacent Zoning: North: Medium Density Residential/Highway Business (R2/B 1) South: Highway 169 East: Highway Business (B1) West: Urban Residential/Medium Density Residential (R-1B/R2) Comp. Plan: 1995: Commercial Area: 24.83 Acres MUSA: The site is within the MUSA. Introduction Midwest Commercial Development is requesting approval of the Final Plat for Crossroads Center. The subject site is located south of Vierling Drive and west of County Road 17(Please see Exhibit A). Considerations The Preliminary Plat for Crossroads Center was approved by the City Council on May 20, 1997. The developer is proposing to final plat the entire development in one phase (Please see Exhibit B). The Final Plat, as proposed, is in substantial conformance with the approved Preliminary Plat and the approved Conditional Use Permit(CUP)for the site. 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. The applicant has submitted a landscape plan. However, staff is unable to do a complete review of the landscaping proposed for the parking areas. A condition has been recommended that the applicant provide further information to assist staff in its review. As part of the Preliminary Plat, the applicant proposed the creation of Lot 6, Block 2. However, with the Final Plat application, the applicant is proposing to split the area of the proposed Lot 6, Block 1, into two (2) lots. The lot split is in conformance with the approved site plan for the CUP and the Preliminary Plat, insofar as the Preliminary Plat depicted two (2) structures on the proposed Lot 6. Due to the proposed lot split, several additional variations are being requested by the applicant for Lots 6 and 7,Block 1. These variations include the following: 1. Variation to street frontage(Lot 6) 2. Variation to lot area(Lots 6 and 7) 3. Variation to interior building setback(Lots 6 and 7) 4. Variation to interior parking setback(Lots 6 and 7) The Planning Commission should discuss these requested variations and provide a recommendation for consideration to the City Council. Please find attached as Exhibit C a listing of the variations for this project. Those variations identified with an "*" are those that are new additions. All other variations listed were approved as part of the Preliminary Plat. The variances largely result from nature of the site plan approved under the city's retail center CUP process, and the applicant's need to divide individual lots for ownership purposes. Following are proposed findings; A. The granting of the variance will not be detrimental to the public safety, health or welfare or injurious to other property or improvements in the neighborhood in which the property is located. The variances result from the applicant's use of the retail center CUP mechanism of the City Code. The design standards for retail centers are specifically designed to insure that such centers will not be detrimental or injurious. Moreover, the applicant's CUP plan, through a number of public meetings, has been tailored to specifically respond to the neighborhood. B. The conditions upon which the request for a variation are based are unique to the property for which the variation is sought, and are not applicable,generally, to other property. The conditions upon which the request for variations are based specifically result from the use of the retail center CUP, which intentionally limits access to the site from public roadways. These conditions are not generally applicable to other property. C. Literal interpretation of the provisions of this Chapter would deprive the applicant of rights commonly enjoyed by other properties in the same zoning district under the terms of this Chapter. Literal interpretation would not permit the development of a retail center with limited access and a private, internal circulation plan. D. The special conditions and circumstances do not result from the actions of the applicant. The special conditions and circumstances result from the applicant's efforts to comply with the terms and conditions imposed on retail centers generally, and this project specifically, and not the independent actions of the applicant. E. Because of the particular physical surroundings,shape, or topographical conditions of the specific property involved,a particular hardship to the owner would result,as distinguished from a mere inconvenience,if the strict letter of the regulations were carried out. Because of the size of the property, the fact that it is bounded on 3 sides by significant roadways and on the fourth by a single-family residential area, it would be very difficult to develop the site commercially if public roadways were required on the site itself to mitigate the variances. The issue of what value should be used in calculating the required park dedication needs to be resolved with the review of the Final Plat. If the applicant's agreement to purchase the land is a purchase agreement, then the Commission should use the negotiated price (i.e. $3.1 million) in determining the required park dedication. If the applicant's agreement is an "option" agreement, then the Commission may use the appraisal provided by the applicant, or may recommend to the City Council that the City secure a separate appraisal. If the applicant wishes to defer the payment of park dedication fees to the issuance of building permit, a request for deferral should be submitted to the City prior to Final Plat review by the City Council. Section 11.60, Subd. 8 of the City Code states "The City shall require submission of a landscaping bond in an amount equal to 115%of the value of the landscaping to ensure compliance with this section during the first year after planting". A condition requiring compliance with this provision has been incorporated into the recommended conditions of approval. Alternatives 1. Recommend to the City Council approval of the Final Plat of Crossroads Center, 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, to recommend to the City Council approval of the Final Plat of Crossroads Center, subject to the following conditions: a) The proposed variances are approved, as attached on Exhibit C. b) Prior to City Council review of the Final Plat, the applicant shall provide a landscape plan to the City which identifies the proposed landscaping as well as the square footage of parking areas for each proposed use on site. c) 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: 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. Park dedication payments shall be paid prior to the recording of the Final Plat. 0 The developer is responsible for the costs of upgrading Vierling Drive which are attributable to the developer's project. g) The applicant shall provide a landscaping bond in the amount equal to 115% of the value of the landscaping to ensure compliance with Section 11.60 of the City Code during the first year after planting. iii) The Final Construction Plans and Specifications must be approved by the City Engineer and Shakopee Public Utilities. iv) The developer shall provide access easements to the ponding areas. v) The developer shall provide the necessary access agreements for Outlot A. vi) Stormwater trunk charges shall be paid in accordance with adopted City policy. Action Requested 1. Offer a motion to recommend to the City Council the approval of the Final Plat for Crossroads Center, subject to conditions and move its approval. 2. Provide a recommendation to the City Council regarding the preferred alternative for the park dedication appraisal. Julie Klima Planner II is\commdev\bona-pc\1997\ju124\fpersrds.doc r \ / • nal 1 *It�`��i�0 1 EXHIBIT A 7. C4 fi t R 3 ' IIII idloso �. s —7.-- R � 1 II _ _ CF GOD . ._ •40ph ----9.41 v MU 2 , SOWLTh ;; NE S v'f I l I'! N N ditell ' 2 3 4 a 1 3 ` 6 N 4TE 2 3 4 ©© 9 3 pro,©4e !!) a 17 'v MIMI 6- < = J ti o ! > aI . , i ! 7 In . . �,• �! r • i•�" 'z cum _. • �,,& 47► CIIII I —13-2— , • 3 . 1111:11111W illikiW)**41t I' *Ai rcu1P4,ari. i3, g ;Mei 0�7 . IlFr 4gIW W.'I 4:15 .0., ff(\\ , • al al .•'. #007;mium. Q, allimil4047441 WrOA Will_..d& 012111114041 .4 MUM PARK n, nisti_. '.. AMA* , IS Illiii irWatk • p�� R 3 -e111Is eons sr.�b wr, i H ' '2 , 7 ( Tilild wy AVEJ I 1 ; ,,. :,. 71 1 thf`.., , ,, V` 011111T C B' ! f R1yEI N i " I 1 I NI f 1 ia'% , •` III ani fit I! i OAS E u `� ,-1 N i ,© • voCW c4 x _3 "mg as,VIM I 44 me 2 -,0• 44) . --,----------„;.....„. Li II a oltillkiir � 5111 ,-i I A ri-4 SUBJECT SITE ����i���l� " B 1 �`c�1�o t 1 IL '�.� _ ..or `, He Zones j - CrC'_i.u'e !, AG . =R . ��rcl ?es �enini �.: Lc-.., Density Res.centic! I r C e rs ci : Old Sr:;;c ee yes dent c. — i-I '" ih ; - ! •. ..ec . ..enst. esde.. ' `,'IL'` c-c „ :iir,ie iy 'eSiCe^,i.d 21 I Hfgh.vcy Business 22 I Office Business iL.3 Centrcl Business i F — — - -- ! 1 ighi inc s:' CI 2 i Hecvy incus.. ic1 .l icr Pec c:.*0n .er'cv Zones ,::'-':::CH I o • 1=1 II X W i fU owccy ssuu W ¢W I / _. ON CYO .W..,.,., W CO. a ?^:Rosa i S. _8$ / I --- �x;5:,:: — - 9SLLL�- - '"R - n ,�,1I I a coz I\or rs — -CMS 34Z,ro.LON— 7 no + 8 o. W 1 3.tL.�.00S l'SC� ti, :n u G,C CC Cr •ca r I W wo 05 / <gI021 `S 1 \' 09 1 I= W"I I ,W 1 / , , off NINON C? \01 `r R 9C1211Z �J I `z_J I I " \18,..\ a5y3'-�>i1.eT ,700'fBl " - og- I r � 4p11�� /^` _`? 66P+C:MINON I W . NON ,1�py4 ,n;:'io 'ty. i l I I ,10,7\e, u, c � ..,4_, 1 ), .'"4, rzi -;:s ' I I co z 'LZU m� ir (} 08 o'1111 y (z' .,,8. <g 1 / w � WyQnod • loi, �c� ""021 C / t "T. I 4„ i5 < C I I <> I snO? I firb I _ g 7 'r IIei Z ozI Ia nQ �•�js?b :� 9 • $ P h/ \ ---� � l / O L-LIo _99'Z8 „ L.-_- 1.a3-41_I�` � yVI — ,;:1 -4 M4.,c7'� .azM� .9os os---gni,--- Is �I0 ,C R. / / cyti�I F ' > ILLNON I S'L2 : ^ V L / \ Sti \1 a �r 1 '-I'o':� / 0, 0 < i1 ,JiOAF =� = No ' IIIW I- a_ W . � _ . OVO �ybi♦YAY � oif k w•—.O On I \\ �� O. F- 1• /;g n a o I, ooze I � �l — 5; r/ r ,,, �� NLNON o ,I I \I O U �, s I ry = E r`.', I �� / m W \I Ai Irn � �; 6 "4 �_2 ,. s I— 1,W n2 i,' i�\,I lig �� W / a•%L��e `e. ',Mk.' z_ `� I iC v r. h� s \ •r w d NLaon ? 3 Iozl / 1 0 ...at?”'• .p.'—'r...6S, /.} 1 4, v Lollno ono 1N3N3Sv3 1 -� ^I� Nr `-•P ,7� ^ I 1 Alnun ONv 3OVNnao-K�r`'' \ t l L /3.cz,cs. o. . c .. Y J.oun0 \ } s 1 S'ZC1 / .f 1 C\•� �.2'P x596<a, q t.t a Hiuo4t ! nw s9Lz ` • I`^ 7 Z H1NON -,rz r I •1, e.� ,4,, s (. I --z ♦ > •1'V z I I 1 °r �n 0 � WY i^ ' ''.1I ; t '� I1 /i �Y 66 ,,,T LZ 0,o'n ii ��. 09 1 i P� Il 60 `,j w u NON 1 1 0 0 �s � lel,' �/ � a 1I W W `''• I .I. ,'-i osroZ • •N 0 uN F v. I~ NINON 3 „<, .•1 'LZ w cL r v � ire� :b > � aW , eI ► r � 3. gi aI =� A •o $5 C-—1 L— +z I �5 Z z 1 / „ —�61.CZ,10 S i 3.60.CI.00 S ' _� OZ \ /__ 69ZOC 1 IJ _ -19'600 T -a.ig9�fi,a0W A o- 9s'6LC 3.60,01.00 5 fL'LCf 7 i \ -- SZ'sOZ -- I^ BS'C6S 00'Of< 00'00 I t OS'661, oZ� S9'Is1 NCWCC: H:.` I L.r _ 60T601 3.60.CI.00S,1 — S-40 11 31{1 ,......,..,.. H:.'_ S4::t:.43W 3H1. H.^.^S S::4)r31" 3141 I I 1 EXHIBIT C Crossroads Center Loucks Project No. 96126 Conditional Use Permit(CUP) Narrative July 16, 1997 To develop this site as retail center and in line with the City CUP procedure, it is necessary to request variations to the City standards as follows. These variations are a direct result of subdividing the property for individual ownership while maintaining common parking and access drives, inherent to retail centers. Street Frontage(Frontage on a public right of way) Lot 2,Block I (Frontage on a common outlot for access) ik Lot 6,Block 1 (Frontage on a common outlot for access) Lot 2,Block 2 (Frontage on a common outlot for access) Lot Area(1.0 acre minimum) Actual Variation • Lot 2,Block 1 0.40 acre 0.60 acre 1. Lot 6,Block 1 0.53 acre 0.47 acre Lot 7,Block 1 0.53 acre 0.47 acre Lot 2,Block 2 0.78 acre 0.22 acre Lot 3,Block 2 0.86 acre 0.14 acre Interior Building Setback(30' front,20' side, 30'rear) Actual Variation Lot 2,Block 1 2' (front) 28' (front) Lot 3,BIock 1 19' (rear) 11' (rear) Lot 5,Block 1 8' (rear) 22' (rear) Lot 6,Block I 7' (side) 23' (side) Lot 7,Block 1 7' (side) 23' (side) Lot 3,Block 2 28' (rear) 2' (rear) Interior Parking Setback(5' to interior lot lines) Actual Variation Lot I,Block 1 0' 5' Lot 3,Block 1 2' 3' *Lot 6,Block 1 0' 5' . Lot 7,Block 1 0' 5' Lot 1,Block 2 3' 2' Impervious Surface(75%maximum impervious) Lot 1,Block I Greater than 75% Lot 3,Block I Greater than 75% Lot 4,Block 1 Greater than 75% Lot 2,Block 2 Greater than 75% Lot 3,Block 2 Greater than 75% All building and parking setbacks to the exterior of the site are per City standards. \96126\w isc\cupaars3.doc 1Y. 0. L. CITY OF SHAKOPEE Memorandum TO: Mayor& City Council Mark McNeill, City Administrator FROM: Joel Rutherford, Assistant City Engineer SUBJECT: Declaring Adequacy of Petition, Ordering an Improvement, Approve Plans and Specifications and Order Advertisement for Bids for Eastway Avenue and Timothy Court Improvements, Project No. 1997-3 DATE: August 5, 1997 INTRODUCTION: The final plat of Pinewood Estates has been approved by the City Council, and the final plat for Shenandoah Place will be considered on August 5, 1997. Eastway Avenue is a public street which has been platted within both developments and this item pertains to the approval of this improvement project. BACKGROUND: The developer for Pinewood Estates has petitioned the City to construct Timothy Court, and to assess him 100% of the costs for these street and utility improvements. The developer of Shenandoah Place has indicated that an executed petition will be delivered to the City by August 5, 1997. Attached is Resolution No. 4716, declaring adequacy of petition and ordering an improvement. With 100% of the property owners petitioning the improvement, no public hearing is necessary. The plans and specifications for these improvements have been completed by the City's consultant, Bolton & Menk, Inc., and are ready to be sent out for bids. Attached is Resolution No. 4717, approving the plans and specifications and ordering the advertisement for bids for Project No. 1997-3. ALTERNATIVES: 1. Move to approve Resolution No. 4716, declaring adequacy of petition, ordering an improvement and preparation of plans and specifications for Eastway Avenue and Timothy Court, Project No. 1997-3. 2. Move to approve Resolution No. 4717, approving the plans and specifications and ordering an advertisement for bids for the improvements of Eastway Avenue and Timothy Court, Project No. 1997-3. 3. Table this item. 4. Do not approve Resolution No. 4716. 5. Do not approve Resolution No. 4717. RECOMMENDATION: Staff recommends Alternative No.'s 1 and 2. ACTION REQUESTED: 1. Offer Resolution No. 4716, A Resolution Declaring the Adequacy of Petition, Ordering an Improvement and Preparation of Plans and Specifications for Eastway Avenue and Timothy Court, within the Plat of Pinewood Estates and Shenandoah Place, Project No. 1997-3 and move its adoption. 2. Offer Resolution No. 4717, A Resolution Approving Plans and Specifications and Ordering the Advertisement for Bids for Eastway Avenue and Timothy Court within the Plats of Pinewood Estates and Shenandoah Place, Project No. 1997-3 and move its adoption. toe Joel Rutherfo Assistant City Engineer JAR/pmp MEM4716 e s 4 RESOLUTION.NO. 4716 A Resolution Declaring Adequacy of Petition And Ordering An Improvement And The Preparation Of Plans And Specifications For Eastway Avenue And Timothy Court Within The Plats Of Pinewood Estates And Shenandoah Place Project No. 1997-3 WHEREAS, certain petitions requesting construction of Eastway Avenue and Timothy Court streets, within the plats of Pinewood Estates and Shenandoah Place has been filed with the Council on August 5, 1997; and WHEREAS, this petition is hereby declared to be signed by 100 percent of the property owners affected thereby, no public hearing or notices,,are required as per Minnesota Statutes Section 429.031. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE,MINNESOTA: 1. That the improvement is ordered as hereinafter described: Construction of Eastway Avenue and Timothy Court,within the plats of Pinewood Estates and Shenandoah Place. 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 1997-3 Public Improvement Program. Adopted in session of the City Council of the City of Shakopee, Minnesota, held this day of , 1997. Mayor of the City of Shakopee ATTEST: City Clerk RESOLUTION NO. 4717 A Resolution Approving Plans And Specifications And Ordering Advertisement For Bids For Eastway Avenue And Timothy Court Within The Plats of Pinewood Estates and Shenandoah Place Project No. 1997-3 WHEREAS, petitions requesting improvements of street and utilities has been filed with the Council;and WHEREAS, the plans and specifications have been completed for the improvement of Eastway Avenue and Timothy Court within the plats of Shenandoah Place and Pinewood Estates, by street construction,bituminous paving, curb and gutter;storm sewer, sanitary sewer,watermain and all other appurtenant work and has presented such plans and:specifications to the Council for approval. NOW, THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE,MINNESOTA: 1. Such plans and specifications, a copy of which is on file and of record in the Office of the City Engineer, are hereby approved. 2. The City Clerk shall prepare and cause to be inserted in the official paper and in the Construction Bulletin an advertisement for bids upon the making of such improvement under such approved plans and specifications. The Advertisement for Bids shall be published as required by law. Adopted in session of the City Council of the City of Shakopee, Minnesota, held this day of , 1997. Mayor of the City of Shakopee ATTEST: City Clerk CITY OF SHAKOPEE Memorandum TO: Mayor& City Council Mark McNeill, City Administrator FROM: Bruce Loney, Public Works Director SUBJECT: Authorize the Advertisement for Public Works Maintenance Worker DATE: August 5, 1997 INTRODUCTION: Staff is requesting City Council authorization to advertise for a maintenance worker in the Public Works Department to fill a vacancy that currently exists in the 1997 Budget. BACKGROUND: In the 1997 Budget for the Public Works Department, an additional Public Works maintenance worker was included in the budget. Previous Council direction, in regard to this position, was for staff to bring this position for Council consideration after the probationary period had been completed by the Public Works Supervisor. The Public Works Supervisor has successfully completed his probation and this position is being brought back for Council consideration. During these budget discussions of last year, staff sent Council a memo for the rationale and justification for an additional maintenance worker to be included in the 1997 Budget. The last increase in personnel in Public Works was in 1993 and the City has increased its number of streets by eleven miles and nine miles for City sewer. Also the City has received turnbacks from Scott County and Mn/DOT totaling four miles of additional roadway. The City also has increased its street miles and sewer miles with the 1997 Projects. Staff feels this position is even further warranted, due to the fact that a public works maintenance worker had a heart attack and will be out for several weeks. ALTERNATIVES: 1. Authorize staff to begin the process for hiring a public works maintenance worker, utilizing Scott County Personnel Department. 2. Do not authorize staff to proceed with the hiring of a maintenance worker at this time. 3. Table for additional information. RECOMMENDATION: Staff recommends Alternative No. 1, to begin the process for the hiring of a Public Works maintenance worker, utilizing Scott County Personnel Department. ACTION REOUESTED: Move to authorize the appropriate City staff to utilize Scott County Personnel Department in the advertising and hiring of a one maintenance worker for the Public Works Department. race Loney Public Works Director BL/pmp HIRE )'1, 19. 3 , CITY OF SHAKOPEE Memorandum TO: Mayor& City Council Mark McNeill, City Administrator FROM: Bruce Loney, Public Works Director SUBJECT: McKenna Road and CSAH 16 Street Light DATE: August 5, 1997 INTRODUCTION: McKenna Road Improvement Project was authorized by City Council and this improvement included roadway construction and bituminous paving of McKenna Road, from County State Aid Highway(CSAH) 16 to the South Corporate Limits of the City of Shakopee. During the construction of this project, a request was made for the installation of a street light at McKenna Road and C.R. 16 intersection. BACKGROUND: The McKenna Road Improvement Project was awarded last fall and was constructed in the fall of 1996 and is nearly complete at this time. The plans did not include a street light at the intersection of McKenna Road and CSAH 16. Attached to this memo is a letter from Tribal Administrator, Bill Rudnicki, requesting the installation of street light at this location. A cost from Shakopee Public Utilities Commission (SPUC) for the installation of a street light at this intersection was estimated at $908.00. Per the letter sent by Bill Rudnicki, the Shakopee Mdewakanton Sioux Community (SMSC) is willing to pay for the installation of a street light and funds can be withdrawn from the escrow agreement that the City has with the SMSC for the construction of McKenna Road. At the November 6, 1996 Council meeting, Council directed staff to develop a rural intersection street light and supporting costs policy. The City has reviewed its street lighting policy during this past winter and a new policy was presented to City Council, and was tentatively approved on May 6, 1997. Within this policy, there is a section that deals with street lighting on County highways. Within this policy there are four criteria on whether or not a street light would be installed and who pays for the installation of the street light. These criteria are as follows: 1. Street lights shall be placed at intersections when the street light warrants, as established by Scott County Highway,Department, has been met. If warrants have been met, per County policy, the County pays for installation of the light with the cost of maintenance and operation to be provided by the City. 2. Street lights may be approved by City Council if warrants are not met, per Scott County, and if property owners petition the City and pay for the initial cost. 3. Street lights may be installed by the City if traffic safety warrants a light in the estimation of the Public Works Director and approved by the City Council. 4. Installation of street lights along a County road between intersections where traffic and pedestrian lighting will be reviewed on a case by case basis by City Council. In the review of this street light request, staffleels that Criteria No.'s 2 and 3 are met, since the SMSC is willing to pay for the initial cost of the street light at this intersection and would increase traffic safety. Staff is bringing this request back to City Council at this time, since the McKenna Road Project is nearing completion and the escrow funds will be returned to the SMSC once this project is completed. ALTERNATIVES: 1. Approve a motion directing staff to install a street light at the intersection of McKenna Road and CSAH 16, with the cost of the installation to be borne by the SMSC. 2. Deny the request for the installation of a street light at this intersection. 3. Table this item for additional information: RECOMMENDATION: Staff recommends that this item be removed from the table. Also staff recommends Alternative No. 1, to install the street light at the intersection of McKenna Road and CSAH 16, to improve safety for the motoring public in this area and also due to the fact that SMSC is willing to pay for the installation of the street light. ACTION REQUESTED: Approve a motion directing staff to install a street light at the intersection of McKenna Road and CSAH 16, with the cost of the street light to be borne by the Shakopee Mdewakanton Sioux Community. • ej/iAg_c-.- • ' Bruce Loney Public Works Director BL/pmp LIGHT izt • v. CITY OF SHAKOPEE Memorandum TO: Mayor& City Council Mark McNeill, City Administrator FROM: Bruce Loney, Public Works Director SUBJECT: Transportation Signage Study Proposal DATE: August 5, 1997 INTRODUCTION: a Attached is a Transportation Signage Study proposal from WSB & Assoc. for the review and analysis of the City's transportation sign program. This proposal was included in the 1997 Budget and is for Council consideration and approval. BACKGROUND: ' ` ` In the 1997 Budget in the Street Division under professional services, staff did include $4,000.00 for a Traffic Signage Study. The City of Shakopee Engineering Department has taken an inventory of all signs in the City of Shakopee for their location and condition, and has placed these signs on a City base map in order to have a consultant review the signage within the City of Shakopee. The proposal that staff has requested fromour transportation consultant has two proposals listed. One proposal is for a $5,000.00 City budget with staff assistance and one proposal for the consultant to provide the scope of services to do a complete analysis of the street signage for $8,000.00. The scope of services being requested have four tasks as follows: • Sign Analysis • Stop Sign Policy • School Speed Zone Sign • Signing Improvements The scope of services included with the proposal varies depending on the amount of work done by City staff. To complete the transportationsignage study with the consultant, the cost is estimated not-to-exceed $8,000.00. With assistance of staff, the signage study could be reduced to $5,000.00 if City staff was able to review the locations and condition of existing signs and also determine if improvements and updating of signs should be implemented. Staff does have $4,000.00 budgeted in the Street Division under professional services for a Traffic Signage Study. Also, the Engineering budget includes additional funds for transportation consultant services to develop stop sign policies and school speed zone signage. Staff would recommend, due to the fact that there is limited City Engineering staff time available for this project, that the consultant be authorized to proceed with this project for a cost not-to-exceed $8,000.00. If there is available staff time, this would be done to reduce the contract amount. However, at this time it does not appear that Engineering staff is available for this project. The cost of this study should be paid $4,000.00 from the Street Division, Professional Services and $4,000.00 from the Engineering Division, Professional Services account. ALTERNATIVES: 1. Authorize the appropriate City official to execute an extension agreement with WSB & Associates for the Transportation Signage Study at a cost not-to-exceed $8,000.00. 2. Authorize the appropriate City officials to execute an extension agreement with WSB & Associates for a Transportation Signage Study at a cost not-to-exceed $5,000.00, and for City staff to supplement additional work to complete this study. 3. Table for additional information. RECOMMENDATION: Staff recommends Alternative No. 1, to have WSB & Associates complete the Transportation Signage Study as they have more transportation expertise. The additional cost of$3,000.00 is within City budget and City staff is not readily available to assist with this project. ACTION REQUESTED: Authorize the appropriate City official to execute an extension agreement with WSB & Associates, Inc. for the Transportation Signage Study at a cost not-to-exceed $8,000.00. 4/0 4'L Bruce Lon Public Works Director BL/pmp Jul-30-97 02: 59P P.02 B.A.Mirreisreadt,P.E. 350 Westwood Lake Office Bret A.Weiss,P.E. We Paa n d W.Stern P.E. 8441 Wayzata Boulevard s Minneapolis, MN 55426 Donald W.Sterna,P.F. Ronald A.Bray,P.E. �► 612-541-4800 &Associates,Inc. FAX 541-1700 July 16, 1997 Mr. Bruce Loney,Public Works Director City of Shakopee 129 Holmes Street South Shakopee, MN 55379-1376 Re: Transportation Signage Study Proposal WSB Proposal No. 033.97 Dear Mr. Loney: WSB is pleased to submit this proposal to the City of Shakopee for the review and analysis of the City's transportation sign program. As you requested in your letter of July 9, 1997, we have developed a scope of services which provides services within the City budget and a scope of services which would include all items as outlined in your letter. Each scope of services is discussed below: SCOPE OF SERVICES (WITHIN CITY BUDGET) TASK 1 -Sign Analysis: WSB will provide City staff with the data necessary to review location and condition of existing signs from the information contained in the sign inventory. This task includes development of charts and graphs illustrating typical placement of signs by type,along with the development of test procedures for determining reflectivity and sign condition.This task includes one meeting with City Staff to present the procedures. Estimated Fee: $1,000.00 TASK 2-Stop Sign Policy: WSB will review the City's existing stop sign policy for the placement of four-way and two-way stop signs. Guidelines will be developed,based on previous studies in other communities, as to the need and justification of stop sign installations. Recommendations on revisions to this policy will be offered as necessary. Estimated Fee: $1,750.00 Infrastructure Engineers Planners FIIY►WANxO/QtAeWJlOrol1flll! EQUAL OPPORTUNITY LMYLOYER Jul-30-97 02:59P P.03 Mr. Bruce Loney,Public Works Director City of Shakopee Shakopee,MN 55379-1376 July 17, 1997 Page 2 TASK 3-School Speed Zone Signs: Signage for speed zones adjacent to schools will be reviewed. Guidelines will be developed,based on the Minnesota Manual and Uniform Traffic Control Devices (MMUTCD) and Mn/DOT recommendations as to the location and placement of school speed zone signs. Estimated Fee: S750.00 TASK 4-Signing Improvements: Similar to Task 1,WSB will provide the City staff with the data necessary to review the existing signing and determine if improvements or updating of signs should be implemented. This task will include the development of guidelines for review of existing sign placement. This task will include one meeting with City Staff to review the guidelines. Estimated Fee: $1,500.00 SCOPE OF SERVICES (ENTIRE PROJECT) TASK 1 -Sign Analysis: WSB will provide a complete review of the existing location and condition of the signing from information contained in the City's sign inventory. This will include outlining what signs are out of compliance from a location and condition standpoint. Estimated Fee: $2,500.00 TASK 2-Stop Sign Policies WSB will review the City of Shakopee's existing stop sign policy for the placement of four-way and two-way stop signs. Guidelines will be developed, based on previous studies in other communities, as to the need and justification of stop sign installations. Recommendations on revisions to this policy will be offered as necessary. Estimated Fee: $1,750.00 F tNPw PROPOSa.to,fl97JA 7,L Jul -30-97 02:59P P.04 Mr. Bruce Loney, Public Works Director City of Shakopee Shakopee, MN 55379-1376 July 17, 1997 Page 3 TASK 3-School Signage: Signage for speed zones adjacent to schools will be reviewed. Guidelines will be developed,based on the Minnesota Manual and Uniform Traffic Control Devices (MMUTCD), and Mn/DOT recommendations as to the location and placement of school speed zone signs. Estimated Fee: $750.00 TASK 4-Signing Improvements: WSB will provide recommendations to the City on what existing signing should be improved. This will include modifications to existing signing and/or placement of additional signing that may be required. This task will include a ranking of which projects should be completed and in which order, Estimated Fee: $3,000.00 Based on the above scopes of services the estimated cost to complete the project would be as follows: Scope of Service(within City budget) - $5,000 Scope of Service(entire project) - $8,000 Thank you for your consideration of WSB for these professional transportation engineering services_ We look forward to working with you on this important project. If you have any questions or require any additional information, please do not hesitate to give us a call at 541- 4800. Sincerely, WSB & Associates,Inc. dkritc, Charles T. Rickart Bret A. Weiss, P.E. Project Engineer Vice President lv/bjf t-iH'YWfNU pJ oyiL103!91W7i697XL Jul -30-97 03:OOP P_05 A. BA.Murcicreadt.Pl..Westwood Lake Office Bret A.Welts.P.h. WSW Wayzata Boulevard Peter K.Willcnbring,P.E. Minneapolis, MN 55426 t)unald Vv.Stem.P.E. Ronald B.bray.P.E. ANNrMM 612-541-4800 &Associates,Inc. FAX 541-1700 July 17, 1997 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 Transportation Signage Study WSB Proposal No. 033.97 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-re c meed project. We are proposing to complete the work, as detailed on the attached scope of services,on a cost-reimbursable basis,not to exceed of between$5,000 -$8,000. Please write in the amount that is approved by the City Council. $ We are available to begin developing the plan as soon as authorized by the City and will establish a completion date at the kick off meeting. 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, SssAoci s,lac. . .. ..__ . .__ Bret A.Weiss, P.E. City Administrator Vice President City Clerk . -. Mayor --- Date Infrastructure Engineers Planners r,WIW1MPRQP054Lro*?viw,i)s7.acr LQUAt.0I'POR f't1Nt1Y L;M►'L.OYER ) . ►4i, 5 CITY OF SHAKOPEE Memorandum TO: Mayor& City Council CONSENT Mark McNeill, City Administrator FROM: Bruce Loney, Public Works Director SUBJECT: Stop Sign Warrant Study for Holmes Street and 4th Avenue DATE: August 5, 1997 INTRODUCTION: This item is for Council consideration for'the''installation of a 4-way stop sign at the intersection of Holmes Street and 4th Avenue. This study was previously discussed by the City Council at the June 3, 1997 Councils meeting. The installation of any traffic regulatory sign must be authorized by City Council. BACKGROUND: The placement of stop signs is ordinance regulated by the City Council, and the City has utilized the Minnesota Manual on Uniform Traffic Control Devices (MMUTCD) which has specific criteria that must be met for an intersection to meet warrants for multi-way stop sign installation. This warrant criteria is widely used and accepted by Cities in the Metro Region. Currently, stop signs do exist on Holmes Street but not on 4th Avenue. In previous years, a multi- stop sign condition did exist when tfieHates Street bridge was in existence and in operation. Once the mini-bypass was"completed, and the Holmes Street bridge disconnected, the Scott County Highway Department did a warrant study at this intersection and removed the stop signs on 4th Avenue. The County has since turnbacked 4th Avenue to the City and no longer has jurisdiction of this intersection. The City and County have agreed to vacate Fuller Street, from 4th Avenue to 5th Avenue, in order to construct the new County Justice Center and Fuller Street will be closed on August 1, 1997. The criteria for multi-way stop sign installation is summarized as follows, and it should be noted that if any one of the criteria is satisfied, the intersection is said to warrant a multi- way stop sign installation. 1. Where traffic signals are needed, a multi-way stop is an interim measure that can be installed quickly to control traffic while arrangements are being made for a signal installation. 2. An accident problem as indicated by five or more reported accidents of a type susceptible to correction by a multi-way stop sign installation in a twelve month period. Such accidents include right and left turn collisions as well as right angle collisions. 3. Minimum traffic volumes. • The total volume entering the intersection from all approaches must average at least 500 vehicle per hour for any eight hours of an average day. • The combined vehicle and pedestrian volumes from the minor street must average at least 200 units per hour for the same eight hour period with an average delay of at least 30 seconds per vehicle during the maximum hour. • When the 85th percentile approach speed`of the major street exceeds 40 miles per hour, the minimum vehicle volume warrant is 70% of the above requirements. The Holmes Street and 4th Avenue intersection is not scheduled for a traffic control signal, so the first criteria does not apply to this intersection. An accident history for this intersection was requested from the Shakopee Police Department and the accident history is less than five accidents per year. The traffic volumes at this intersection was counted recently over a three day period. The traffic volumes are summarized on Attachment No. 1, and these totals for the vehicle volumes almost meet the criteria for a multi-stop sign installation. The traffic counts were taken before the street closure of Fuller Street, and per the traffic study that was done for the County courthouse expansion, additional traffic from Fuller Street will be rerouted to Holmes Street as the new collector in this area: The portion of the City Code that pertains to traffic and parking control is Section 7.03. This section states that no device, sign or signal shall be created or maintained for traffic or parking control, unless the Council shall first'have approved and directed the same except as otherwise provided in this section. Although this intersection does not currently meet the engineering criteria for 4-way stop condition, as per the MIvIUTCD, staff recommends that a multi-stop sign installation be approved for this intersection as warrants will probably be met with the Fuller Street closure. It is anticipated that the additional traffic from the Fuller Street closure onto Holmes Street will then meet the traffic warrants for a multi-stop sign installation. '' ALTERNATIVES: 1. Direct staff to install stop signs on 4th Avenue to complete a multi-stop sign installation at the Holmes Street and 4th Avenue intersection. 2. Direct staff not to install stop signs on 4th Avenue at this time. 3. Table for additional information. RECOMMENDATION: Based on the fact that traffic volume warrants are nearly met for the 4th Avenue and Holmes Street intersection, prior to the Fuller Street closure, and with the additional traffic onto Holmes Street from Fuller Street, a multi-stop sign installation is recommended. One other recommendation that staff has if Council approves the signage change, is to place "Traffic Control Change Ahead" signs for one week to alert the motoring public. ACTION REQUESTED: Move to direct staff to install stop signs on 4th Avenue at the intersection of Holmes Street and 4th Avenue. i r ,e, 4, t, :ruce Loney Public Work Director BL/pmp STOP LEVEE ......---1111M1 .--J __ �❑ ■ g L?. IRO _ 2nd illgia■..�� ?atm ❑ .� i/' nd • 1sti 2nd i. iliar-T-';■... ■� 2 ❑ ❑❑ w �_■.; ..!� ❑ 3rd N _�- cog 8pp� -ROI ua ■.� cAr 4th650" _—O 2nd 3rd- � ;0 illi w 13.'4' 0 0 - OS.11111 ►v- CI\ 5th �❑ 10 s;147. CO r..O� impi .t_.----- -- ,�� tog 6th AVE. cn Si If? - Ile 1 t V; 114Vi 6th nth I C3 ;85. SIMMITE. w. ❑ toc w. ),INI I 300ti ❑ STATE g S • lap SIS OP �l. E. SHA ; OP 3 PEE ® REFORM. W 3{ MN O a'I • vs i FOR WI m W AVE. ► WOMEN 8 a w 10th a cn � § AVE. E. --- ---1 — - ---- � — — � I;`----❑� 890 � ------- WI ❑ 175 13900 U ❑ fl 79 / 0., iVII ST. / rn E. 1. Z HENTHOMNE A f . /�0 �— o \ acco')o 0 0 G / ti00 t ' kk.. a MENKE ,./i M c0 W 4,44 6 00 I U ==— CAO —J 88 VE. 01`01 fwEs1 - V/ , - .o MONNENS Vii' ='- �r000 XOhas 03. DRRING 1200 0 0 --------O--------- d i U it, 4350 °115 2300 . 0 rg 02 I X MAJOR ARTERIAL --------- MINOR ARTERIAL COLLECTOR -———— NEW COLLECTOR 1200 EXISTING (1996) ADT 1400 PROJECTED (2010) ADT WSB Project No. 1049.03 Dale:January 21,1997 997A 350LakeOfficewsB8441 Wayzata Band Scott County Courthouse ""`""°°°°x°01 N 56428 Transportation Plan-541-4000 Collector System & FAX 541-1700 Alternative 4 \NFRASTRUCTURE - ENGINEERS - PLANNERS City of Shakopee, Minnesota / Attachment No. 1 Volume Count for Holmes St & Fourth Ave 1:00 36 12 2:00 39 20 3:00 57 40 4:00 83 70 5:00 74 _„., 60 6:00 134 79 7:00 254 128 8:00 414 wy. 130 9:00 438 158 10:00 439 146 11:00 455 151 12:00 517 152 13:00 632 175 14:00 528 162 15:00 503 126 16:00 477 102 17:00 615 143 18:00 469 119 19:00 343 88 20:00 287 65 21:00 234 54 22:00 180 40 23:00 110 22 0:00 83 23 CITY OF SHAKOPEE Memorandum CON S C f'(`— TO: Mayor and City Council FROM: Mark McNeill, City Administrator SUBJECT: Award-Hauer Condemnation DATE: July 31, 1997 INTRODUCTION: The Council is asked to approve payment of awarded amounts in the case of City of Shakopee v. Gene F. Hauer et.al. BACKGROUND: The City Attorney's office has advised Public Works Director Bruce Loney that awards have been received from condemnation commissioners in the Hauer case. The case involves permanent and construction easements for construction of trunk sanitary sewer from TH 169 to the plats of French Trace and Prairie Village. The amount of the award is$ 23,301. The recommendation of the City Attorney is that the City not contest the award, unless an appeal is filed by the property owner. BUDGET IMPACT: The amount of the award would be charged to the trunk sewer fund. RECOMMENDATION: We recommend that the City not appeal the award, and authorize payment to the owners. If the Council has specific questions on this, it would be best to adjourn to an executionsession for the purpose of discussing pending litigation. ACTION REQUIRED: If the Council concurs, it should authorize payment of$23,301 to the owners. ark McNeill City Administrator MM:tw /Y. &. CITY OF SHAKOPEE Memorandum TO: Mayor& City Council Mark McNeill, City Administrator FROM: Bruce Loney, Public Works Director SUBJECT: 1997 Sidewalk Replacement Program DATE: August 5, 1997 INTRODUCTION: This agenda item is for Council consideration and direction on a 1997 Sidewalk Replacement Program. BACKGROUND: The City has an ordinance which is attached'and is called (Chapter 7, Section 7.16) Sidewalk Inspection, Repair and Replacement Policy. Under this ordinance, an annual inspection is to be conducted in a different zone each year. Also, a list of sidewalk complaints and those deficiencies shall also be repaired. Staff has received requests to replace or repair sidewalk panels from property owners on 6th Avenue and Lewis Street as follows: Brian Campbell 230 6th Avenue W. Ed Hennen 312 6th Avenue W. Bill Wermerskirchen Bill's Toggery- 138 S. Lewis Street Perry's Insurance Agency 124 S. Lewis Street River Valley Sports Center 105 S. Lewis Street Lion's Park Staff is planning on performing an annual inspection with the summer interns this year for use towards a sidewalk replacement project nextryear. Per the City's ordinance, sidewalk replacement on sidewalks older than five years is funded jointly 50%by the City and 50% by property owners unless the sidewalk is located on a collector or arterial street. If a sidewalk is located on such a street, the sidewalk replacement is funded 100%by the City. The sidewalks on Lewis Street were installed in 1988, thus the replacement cost per ordinance is to be funded 50%-50%between City and property owners. Staff would need to have a waiver of assessment hearing from the property owners in order to replace the sidewalk this year. If no waiver is received, the sidewalk replacement would be incorporated in the 1998 Replacement Program. Sidewalks on 6th Avenue would be funded 100%by the City, since 6th Avenue is listed as a collector and has been turned over to the City by the County. Staff would propose to replace only those panels that meet the criteria for replacement. The property owners along 6th Avenue have indicated a desire to have the entire length of sidewalk replaced, however, staff has stated that the City's ordinance would only replace defective panels of sidewalk. These blocks on 6th Avenue may be reconstructed next year, depending on Council approval of-the Capital Improvement Program and budget. • Attached is a drawing showing a proposed revised 1998 street reconstruction area. Typically, the sidewalks along these streets are reconstructed with this project. Staff is proposing to replace only those panels which create a safety hazard for this year. For the 1997 Sidewalk Replacement Program, staff is recommending that an annual inspection be completed this year for implementing in 1998 and sidewalk defects that have been identified be replaced this year if waivers of assessment appeals are received by the affected property owners. Sufficient funds remain in the 1997 Pavement Preservation Account to pay for the sidewalk replacement work. The Public Works Department will coordinate this work. ALTERNATIVES: 1. Move to direct staff to replace sidewalks as identified in the memorandum with payment from the Pavement Preservation Account. 2. Move to direct staff to replace sidewalks for the 1998 Sidewalk Replacement Program. 3. Table for additional information. RECOMMENDATION: Staff recommends Alternative No. 1, to replace those sidewalks identified from a complaint list due to the fact that the City has been notified by the property owners. If waiver of assessment appeals are not received form property owners on jointly funded sidewalk replacement, those sidewalks will be included in the 1998 Sidewalk Replacement Program. ACTION REQUESTED: Move to direct staff to replace sidewalks as identified in the memorandum with payment from the Pavement Preservation Account. Bruce Loney Public Works Director BL/pmp SIDEWALK § 7 . 15 No railroad grade shall, whether it be by raising or lowering the same, be made without a permit in writing from the City. (Ord. 1, April 1, 1978) SEC. 7.16. SIDEWALK INSPECTION, REPAIR AND REPLACEMENT POLICY. Subd. 1. Inventory of Defective Sidewalks. A. The Engineering Department shall develop an annual inspection program to inventory defective sidewalks. The City shall be divided into zones and each year a different zone shall be inspected. B. In addition to zonal repairs, a list of sidewalk complaints shall be maintained and those deficiencies shall also be repaired, whether in the zone or outside of the zone. C. The City Engineer shall determine which sidewalks are defective and in need of repair or replacement. In general, any defect in the sidewalk will justify repairs but the following criteria will be used as guidelines determining defective sidewalks: 1. Sidewalks that pond water or ice. 2. Sidewalks that are cracked and heaved greater than 1/2 inch. 3. Spalled Sidewalks -Sidewalks that have developed numerous holes and pockets due to the aggregate chipping off. 4. Cracked sidewalks. 5. Sidewalks that have developed other hazards such as tree roots, water • valves, etc. D. The brick pavers downtown will be included in the sidewalk inspection and repair program. E. All defective sidewalks within each zone or received by complaints shall be repaired or replaced during the current year in which listed. F. Inspection of any sidewalk repairs or replacements shall conform to the requirements of Section 7.06. Subd. 2. Permit Required. No repair or replacement by the owner or occupants of the premises shall be made on or to any sidewalk without first obtaining a permit to work in the public right-of-way provided in Section 7.07 for the road. Subd. 3. Funding for Sidewalk Repairs. A. If the sidewalk is less than five years old: 1993 w. 720 § 7.99 1. If installed under City contract, it shall be replaced at no expense to the property owner. 2. If installed by the property owner, it shall be replaced at the property owner's expense. B. If the sidewalk is older than fiveears it be jointly y �o ntly funded, 50% by the City and 50% by property owner, unless the sidewalk is located on a collector or arterial street. If it is located on such a street, the sidewalk will be funded 100% by the City. C. If the sidewalk is damaged by the property owner or occupant of the property, the property owner shall pay 100% of the replacement cost, regardless of the age of the sidewalk or who installed it. (Ord. 270, August 25, 1989; Ord. 337, July 23, 1992; Ord. 368, January 13, 1994) SECTIONS 7.17 -7.98. Reserved. SEC. 7.99. VIOLATION A MISDEMEANOR OR PETTY MISDEMEANOR. ry se , bi , parr poewe personEveperperformson violatan actsa therebysectionprohibitedsudvisionor declaredagraph unlawfulorovisi, or failsnof to this act Chaptwhen suchrh failuren the is thereby prohibited or declared unlawful, and upon conviction thereof, shall be punished as follows: • Subd. 1. Misdemeanor. Where the specific section, subdivision, paragraph or provision specifically makes violation a misdemeanor, the person shall be punished as for a misdemeanor; where a violation is committed in a manner or under circumstances so as to endanger or be likely to endanger any person or property, the person shall be punished as for a misdemeanor; where the person stands convicted of violation of any provision of this Chapter, exclusive of violations relating to the standing or parking of an unattended vehicle, within the immediate preceding 12-month period for the third or subsequent time, the person shall be punished as for a misdemeanor. Subd. 2. Petty Misdemeanor. As to any violation not constituting a misdemeanor under the provisions of Subdivision I hereof,the person shall be punished as for a petty misdemeanor. 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EE/ • mI/111111& Wr ■ . 1 Z B - WAIN I -I 0 _I-PWMUTMI ' o i / AM Arm ■_ LT.LE FIIII,,ST. rr . C) _ l'c jjji � nIII `���,.: Imm [ � < 11 1 I 1 1 1 1 1 1 1 1 1 1 1 1 ��.� fT'1 (./-) z A , CITY OF SHAKOPEE Memorandum TO: Mayor&City Council Mark McNeill, City Administrator FROM: Bruce Loney,Public Works Director SUBJECT: Downtown Alley Change Order DATE: August 5, 1997 INTRODUCTION: The Contractor for the Downtown alley Reconstruction Project No. 1993-9 has submitted a change order request for additional compensation for the final wear paving on s project, per Council approval. BACKGROUND: The Downtown Alley Project was awarded to Killmer Electric hee overhead pril po, 19er95. hould wear course bituminous paving has not been placed until be removed from the alleys. The contract completion date for this work was Juthe project has been delayed over a year 15, t g 96. The Contractor is asking for additional compensation due to the fact that p and bituminous prices have risen. 0 e Staff is requesting Council approval of the change order riina e amount of reminder to City,245. 0, u to the fact that this contract is at its contingency limit. of the $110,011.66 in previous change orders approved, $93,921.03 was for the added service work contract. ALTERNATIVES: 1. Approve the change order request for additional compensation to Killmer Electric. 2. Do not approve the change order request. 3. Table for additional information. � i RECOMMENDATION: Staff recommends Alternative No. 1. ACTION REQUESTED: Make a motion to approve Change Order No. 7 to Killmer Electric, Inc. in the amount of $2,245.00, as submitted by Killmer Electric. &Aft la/ Bruce Loney Public Works Director BL/pmp ALLEY CHANGE ORDER Change Order No.: 7 Project Name: Downtown Alleys Date: August 4, 1997 Contract No.: 1993-9 Original Contract Amount $ 502,971.85 Change Order(s)No. 1 thru No. 6 $ 110,011.66 Total Funds Encumbered Prior to Change Order $ 612,983.51 Description of Work to be Added: Additional $0.40/S.Y. at 2,200 S.Y. = $880.00 Bituminous Curb - $6.30/L.F. at 150 L.F. = $945.00 Additional Class 5 - $16.80/Ton at 25 Ton = $420.00 The above described work shall be incorporated in the Contract, referenced above, under the same conditions specified in the original Contract as amended unless otherwise specified herein. Any work not so specified shall be performed in accordance with the Standard Specifications adopted by the City of Shakopee, Minnesota. The amount of the Contract shall be increased by $ 2,245.00 The number of calendar days for completion shall be increased by 413 Original Contract Amount $ 502,971.85 Change Order(s)No. 1 thru 7 $ 112,256.66 Total funds Encumbered $ 615,228.51 Completion Date: September 1, 1997 The undersigned Contractor hereby agrees to perform the work specified in this Change Order in accordance with the specification, conditions and prices specified herein. Contractor By: Title: Date: APPROVED AND RECOMMENDED: City Engineer Date APPROVED: City of Shakopee City Administrator Date Industrial SILLME9702-85th Avenue North Commercial Maple Grove,Minnesota 55369 Underground ELECTRICCa,I Telephone: 425-2525 Overhead Fax: 424-1259 July 29, 3.997 City of Shakopee 129 Holmes Street S. Shakopee, MN 55379 Attn: Bruce Loney Please use the following prices for the Genera:. Contractor items left on our contract as discussed with John Lacey. Bituminous Wear 1 1/2" Thick (2341 Modified) 4.60 sq. yd. Any Rock Required (Hauled and Installed) 16.80 ton Bituminous Machine Layed Curb 6 . 30 L.F. Please Advise Sincerely, Palmer a-c"`* :#1. tit F ; An Equal Opportunity Employer , 4 19 CITY OF SHAKOPEE Memorandum TO: Mayor& City Council Mark McNeill, City Administrator FROM: Bruce Loney, Public works Director SUBJECT: Maras Street Change Orders DATE: August 5, 1997 INTRODUCTION: This item is to discuss the change order request from Ryan Contracting, Inc. on the Maras Street Improvement Project No. 1996-4. BACKGROUND: With this improvement project, City Council did not authorize the City Engineer any contingency for change order work. An attached Change Order request form from Tom Ryan and letter from Tyler Enright of Ryan Contracting have been submitted requesting additional compensation. The justification for this change order request is due to the debris found in the subgrade excavation areas on Maras Street and Hanson Avenue. This debris consists mainly of concrete and bituminous pieces interspersed with the dirt to be removed. Per Scott County Environmental Health, this concrete and bituminous material above 3 inches to 6 inches is considered solid waste and should be removed and disposed of to a proper facility. For this project, soil borings were taken in this area and the borings indicated fill deposits, but not specifically concrete/bituminous rubble. The location of concrete/bituminous debris is located in spots, not continuous along the roadway and the borings did not detect this material. Staff believes the cleanup and disposal of the debris is extra work. The Contractor is also claiming an additional $5.00 per cubic yard for excavating debris in which staff does not believe is justified. Also, attached is another Ryan Contracting letter stating they will be requesting additional compensation for "changed condition" on the subgrade excavation. Additional subgrade excavation work is being done other than shown on the plans, however, the plans show these areas as approximate and the specifications allow the City to increase or decrease quantities without an adjustment in unit prices. The specifications clearly state that the common excavation and pond excavation material is to be utilized on site to the fullest extent. Staff believes there is no justification for this change order request. At this point of time, staff is updating Council on these change order requests and will continue to work on responses to these requests. ALTERNATIVES: 1. Provide direction on these change order requests. 2. Accept the current Ryan Contracting proposal for change order work. 3. Table for further information. RECOMMENDATION: Staff recommends Alternative No. 1, to provide staff direction on these requests and to have the city attorney review these requests with staff for recommendations at a future Council meeting. ACTION REQUESTED: Provide staff with direction on these change orders if appropriate. 47-lederod/ Bruce Loney Public Works Director BL/pmp REQUESTS C o r- acti ng Inc. August 1, 1997 Mr.Bruce Loney CITY OF SHAKOPEE 129 South Holmes Street Shakopee,Minnesota 55379 RE: MARAS STREET-CITY PROJECT 1996-4 13th Avenue to County Road 18 Shakopee,Minnesota (R.C.I. Job#458) Dear Mr.Loney: As per your request, I have put together prices for loading,hauling and disposing of debris on the above referenced project. Option 1 If material can be disposed of at a regular landfill the cost is: $ 35.00/CY Option 2 If material needs to be disposed of at Sanitary Landfill the cost is: $ 90.00/CY *** The above cost does not include the intial excavation of any..debris. The cost for this extra work is $ 5.00 per cubic yard. This unit price is in addition to the contract unit price for subgrade excavation. Please let this letter serve as formal notification of a changed condition on the above referenced project. A signed change order is requested before any further work is performed. At this point this changed condition is slowing our production dramatically, please respond promptly. Thank you. Respect' y submitted, R AN 0 • =. T G, INC. , y - nngl t, st' ator "/bp / 8700 13th Ave. E. • Shakopee, MN 55379 • 612-894-3200 • Fax: 612-894-3207 Ilbeilii SHAKOPEE CHANGE ORDER REQUEST Project: /(AxistJ S{-2. • ::actor : (2A/V/A-Z1-6/1 Description of Event or Condition giving rise to Change Order, including the date of discovery of the Event or Condition: /( V C i/ JAx e-t q c' -1 CoA-n-6 • Why the Event or Condition described entitles the Contractor to additional compensation or time. T uiv --FP Q.42z.� C J-4 66,i✓ (7-7(.)--- Amount of additional compensation or time sought by this Change Order, including the basis for the additional compensation or time claimed: '= /4 /°�eP • f / aivo �/ p/�/>i Y 1_ l The undersigned, on behalf of the Co- act above-named, hereby verifies that the foregoing inIto a•curate. /P id / COMMUNITY PRIDE SINCE 1857 k 129 Holmes Street South Shakopee,Minnesota 55379-1351 612-445- .50 -•X • 2445-67 ' 4.7 Co racti ng Inc. August 4, 1997 Mr.Bruce Loney,P.E. CITY OF SHAKOPEE 129 South Holmes Street Shakopee,Minnesota 55379 RE: MARAS STREET-CITY PROJECT 1996-4 13th Avenue to County to County Road 18 Shakopee,Minnesota (R.C.I. lob#458) Dear Mr.Loney: Please let this letter serve as formal notification that we will be requesting additional • compensation for"changed conditions"on the above referenced project. Changed Condition Due to a gross overrun of subgrade excavation on the above�referencedtable subgrade additional sand material will be required to replace the This will result in a considerable decrease in excess sand material available to us for use on other projects. Thus, increasing our cost by purchasing this material to offset the shortage of material available due to the increased subgrade excavation. A cost estimate for this changed condition will be forthcoming. Also,please find attached change order request form completed. Thank you. Respectfully submitted, RYAN TRACTING, INC. 417. Ty r Enright,`imator TE/bp 8700 13th Ave. E. • Shakopee, MN 55379 • 612-894-3200 • Fax: 612-894-3207 � y. c . I , CITY OF SHAKOPEE Memorandum To: Mayor and City Council CONSENT Mark McNeill, City Administrator From: Mark McQuillan,Parks and Recreation Director Subject: Naming the park in the Meadows 9th Addition Date: July 29, 1997 INTRODUCTION At its July 28, 1997 meeting,the Parks and Recreation Advisory Board recommended to the City Council that the park in the Meadows 9th Addition be officially called Meadows Park. BACKGROUND At the suggestion of the Parks and Recreation Advisory Board, 160 "Name the Park Ballots"were delivered to residents living in the neighborhood of the Meadows 9th Addition. Thirty-six were returned by the deadline date of July 25, 1997. Four options were recommended by the Advisory Board plus, a space to write-in a name. The results of the vote were as follows: Sage Park 4, Primrose Park 8, Meadows Park 24, Thistle Park 0, other suggestions 0. Ten more ballots were submitted after the deadline (Meadows Park received 8 of those votes). Since Meadows Park received the vast majority of votes cast by the residents living near the park,the PRAB recommended the park be called Meadows Park. ALTERNATIVES 1. Approve the name Meadows Park. 2. Conduct a new contest. 3. Name the park something else. RECOMMENDATION Alternative#1 ACTION REQUESTED Offer Resolution No. 4710. A Resolution Approving the name Meadows Park as the official name for the 3.1 acre park in the Meadows,' Addition. h d(ji / Mark J. cQuillan Parks and Recreation Director RESOLUTION NO.4710 A RESOLUTION OF THE CITY OF SHAKOPEE TO NAME THE PARK IN THE MEADOWS 9TH ADDITION AS MEADOWS PARK WHEREAS: The residents of the Meadows 9th Addition returned 36 "Name the Park" ballots to the City; and WHEREAS: Twenty-four of the votes were cast for naming the park Meadows Park; and WHEREAS, The Shakopee Parks and Recreation Advisory Board recommended the park in the Meadows 9th Addition be called Meadows Park. NOW THEREFORE BE IT RESOLVED,THE CITY COUNCIL OF THE CITY OF SHAKOPEE,MINNESOTA, shall hereby refer to the park in the Meadows 9th Addition as Meadows Park. Adopted in regular session of the City Council of the City of Shakopee, Minnesota,held the day of , 1997. Mayor of the City of Shakopee ATTEST: City Clerk Prepared by: City of Shakopee 129 So. Holmes St. Shakopee, MN 55379 CITY OF SHAKOPEE Memorandum TO: Mayor and City Council Mark McNeill, City Administrator FROM: Jared D. Andrews SUBJECT: Wallace Perry Appeal of BOAA's Decision Regarding Variance to building setbacks and parking requirements. MEETING DATE: August 5, 1997 ITEM NO.: 14D1 ATTACHMENTS: Attachment A: 7/24/97 Staff report to the BOAA. Attachment B: Preliminary BOAA 7/24/97 meeting minutes INTRODUCTION: At its July 24, 1997 meeting,the Board of Adjustment and Appeals approved(4-2 vote) Resolution No. PC97-77, a resolution denying an 8 foot variance to the 30 foot rear yard setback, a 5 foot variance to the 5 foot parking setbacks, and a 2 parking space variance to the 40 parking spaces required. On July 25, 1997 Mr.Perry filed an application of appeal to this decision to City Council. ACTION REQUESTED: Make a motion to either approve or deny the Appeal request and direct staff to draft a resolution consistent with that determination. Jared D. Andrews Planner I Attachment A CITY OF SHAKOPEE Memorandum TO: Board of Adjustments and Appeals FROM: Jared D. Andrews, Planner I SUBJECT: Variance to the Rear Yard Setback Requirements DATE: July 24, 1997 SITE INFORMATION Applicant: Perry Dental Location: 407 East First Avenue Current Zoning: Highway Business (B-1)Zone Adjacent Zoning: North: Agriculture (AG) (Huber Park) South: Highway Business (B-1) East: Highway Business (B-1) West: Highway Business (B-1) (Huber Park trail connection) Comp. Plan: Commercial Attachments: Exhibit A, Location Map Exhibit B, Letter of Intent Exhibit C, Site Plan INTRODUCTION The Perry Dental Office is requesting a variance to allow for a 1,865 square foot dental clinic expansion. This variance would allow the proposed building addition to encroach 8 feet into the 30 foot required rear yard setback, and a 5 foot encroachment to the 5 foot parking setback along the rear property line. The number of parking spaces provided would also need a variance of 2 spaces. CONSIDERATIONS The existing building is currently non-conforming in the rear yard setbacks as well as the existing parking setbacks. This proposal shows a continuation of a zero foot setback from the alley. It also shows the building as close as 22 feet seven inches from the rear property line. Staff has determined the existing building to be approximately 28 feet from the rear property line. Consequently, the addition would be about 5 1/2 feet closer than the existing structure. Staff calculates that 40 total spaces would be required on site to accommodate the existing building and new addition. The site plan provides only 38 spaces. The existing building conforms with the number of spaces required (31). It is the addition that requires 10 spaces that creates this deficiency. The site plan provides only 8 additional spaces. A variance would be required to reduce the number of total spaces required to 38. The existing site does not meet the current landscaping requirements. The proposed site plan provides little room to improve this non-conformity. The proposed 1,865 square foot addition would require 6 additional landscape units. A detailed landscape plan would be required at the time of building permit review. The Park and Recreation Department has commented that if granted, the owner must repair and replace any portion of the trail that is damaged during construction. The Building Department has indicated that special fire protection and flood proofing may be required if necessary. The Minnesota Department of Transportation has indicated that any work within the right of way will require a permit. The Department of Natural Resources has commented that the ground floor elevation must be at or above 723 feet. This figure should be indicated at the time of building permits. FINDINGS Sec. 11.89, Subd. 2, of the City Code contains provisions for the granting of variances only if all of the following circumstances are found to exist. Staff has provided findings on each criterion. The Board of Adjustments and Appeals may use or modify these findings as it sees fit: Criterion 1 The strict enforcement of the ordinance provisions would cause undue hardship because of circumstances unique to the individual property under consideration. Undue hardship means the following: 1.A. The property in question cannot be put to a reasonable use if used under conditions allowed by the official controls; Finding I.A. The property can be put to a reasonable use if the addition was forced to comply with building setbacks and number of parking spaces required. However, the property could not be put to a reasonable use if forced to comply with the parking setbacks. 1.B. The plight of the landowner is due to circumstances unique to the property; Finding I.B. The plight of the landowner is not due to circumstances unique to the property. A smaller expansion could be allowed with only a variance to the parking setback 1.C. The circumstances were not created by the landowner; Finding 1.C. The circumstances were not created by the landowner in that the building was constructed prior to current regulations.. 1.D. The variance, if granted, will not alter the essential character of the locality; and Finding 1.D. The variance, if granted, would not alter the character of the locality. With the additional land acquired by the owner, the addition would be similar to the previous situation. 1.E. The problems extend beyond economic considerations. Economic considerations do not constitute an undue hardship if reasonable use for the property exists under the terms of the ordinance. Finding I.E. The problems do not extend beyond economic considerations, but relate to the economics of this particular business. Criterion 2 It has been demonstrated that a variance as requested will be in keeping with the spirit and intent of this Chapter. Finding 2 The variance as requested would not be in keeping with the spirit and intent of Chapter 11. The property is currently being put to a reasonable use and could also expand without a variance to the rear yard building setback and number of parking spaces required Criterion 3 The request is not for a use variance. Finding 3 The request is not for a use variance. Criterion 4 Conditions to be imposed by the Board of Adjustments and Appeals will insure compliance to protect the adjacent properties. Finding 4 Not applicable if the application does not meet all of the criteria for granting a variance. Criterion 5 Variances in the flood plain overlay zone also shall meet the following criteria: . . . Finding 5 Not applicable because the property is not within the flood plain overlay zone. ALTERNATIVES 1. Approve Resolution No. PC97-77 denying the variance with findings as recommended by staff. 2. Approve Resolution No. PC97-77 denying the variance with revised findings. 3. Deny Resolution No. PC97-77 and direct staff to draft a resolution of approval granting an 8 foot variance from the 30 foot rear yard setback and a 2 space variance to the 40 parking spaces required and a 5 foot variance from the 5 foot parking setback requirement. 4. Table the decision for additional information. 5. Continue the Public Hearing for additional information STAFF RECOMMENDATION Staff finds that this application for variance does not comply with Criterion 1A, 1B, 1E and Criterion 2. Therefore, staff is recommending Alternative No. 1, approval of resolution No. PC97-77, a resolution denying an 8 foot variance to the 30 foot rear yard setback in the Highway Business Zone, a five foot variance to the 5 foot parking setbacks, and a 2 parking space variance to the 40 parking spaces required. ACTION REQUESTED Offer approval of Variance Resolution No. PC97-77, a resolution denying an 8 foot variance to the 30 foot rear yard setback in the Highway Business Zone, a 5 foot variance to the 5 foot parking setbacks, and a 2 parking space variance to the 40 parking spaces required. VARIANCE RESOLUTION NO. PC97-77 A RESOLUTION TO THE CITY OF SHAKOPEE, MINNESOTA, DENYING AN 8 FOOT VARIANCE TO THE 30 FOOT REAR YARD SETBACK IN THE HIGHWAY BUSINESS ZONE, A 5 FOOT VARIANCE TO THE 5 FOOT PARKING SETBACKS, AND A 2 PARKING SPACE VARIANCE TO THE 40 PARKING SPACES REQUIRED. WHEREAS, Wallace Perry, Owner, has filed an application dated June 27, 1997, for a variance under the provisions of Chapter 11, Land Use Regulation (Zoning), of the City of Shakopee City Code, Section 11.36, Subd. 5.C. for an 8 foot variance from the 30 foot rear yard setback in the Highway Business (B-1) Zone; and WHEREAS, this parcel is presently zoned Highway Business (B-1); and WHEREAS, the property upon which the request is being made is legally described as: Lot 1, Block 1, Shakopee, according to the record plat thereof on file and of record in the Office of the County Recorder in and for Scott County, Minnesota and that part of the East Half of Spencer Street lying southerly of the westerly extension of the northerly line of Lot 1, Block !, City of Shakopee as on file and of record in the Office of the County Recorder and northerly of a line distant 43.00 feet northerly and radial of the center line of CSAH NO. 101.; and WHEREAS, notice was provided and on July 24, 1997, the Board of Adjustments and Appeals conducted a public hearing regarding this application, at which it heard from the Community Development Director and invited members of the public to comment. NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF ADJUSTMENTS AND APPEALS OF THE CITY OF SHAKOPEE, MINNESOTA, AS FOLLOWS: That the application for Variance Resolution No. PC97-77 is hereby DENIED, based on the following findings with respect to City Code Section 11.89, Subd. 2, "Criteria for Granting Variances." Finding I.A. The property can be put to a reasonable use if the addition was forced to comply with building setbacks and number of parking spaces required However, the property could not be put to a reasonable use if forced to comply with the parking setbacks. Finding I.B. The plight of the landowner is not due to circumstances unique to the property. A smaller expansion could be allowed with only a variance to the parking setback Finding I.E. The problems do not extend beyond economic considerations, but relate to the economics of this particular business. Finding 2 The variance as requested would not be in keeping with the spirit and intent of Chapter 11. The property is currently being put to a reasonable use and could also expand without a variance to the rear yard building setback and number of parking spaces required Adopted by the Board of Adjustments and Appeals of the City of Shakopee, Minnesota this 24th day of July, 1997. 407 )4 {A'D Chair of the and of Adjustments and Appeals ATTEST: Community Development Director ss� Exhibit A , • 1 r sem,,, A G , � _ iR 2 PMC 1 1 h� S — '\ –� / 1� A'. '111+ r - 0;4 1 SUBra JECT SIT . } ' �ri • a — ;fa � ' D ii 'c �i�1 �1= �` ' I� 1f��'���1�t� T1s+� l+ 1 :in 11 _':::..ii [\116 �1 y' f� ' �t � � -' lint ' _ ��e©� G` i� +1 Ifil . 1111+10 �� a IML°�++1 �°°% 13 51SO1:11 iwi 'lobs- al ti, �1+_ ��r11� y11a �111D tut �► �`��011A ry y►11 —- X1111 1�7�+s _ 5111 X11 - �1OIS %II ��;1 WTI °tic11s �t146 i�+� 11�+at1' ` .ie �+� . - . Iti 1t 'gat 51.o ant a+++a0 E D litiot °1++a °E°+ FINICCS wa 111r� 011 S ° 11�1p 58 _ ones die '1t+ ! i, Q1a10 °11 i 61 11111 , Olt11i • •l = 111 1++1 ,t Q11 % 1. _r-- ' es2. R3 t Imo 1 o iii! °11 °1Ci 111100th -5 ). =e_ Cen * 1112 1 ® S�11CY1� °1`i, °1`10 e+�+ �1 'r,��CJ1 ° 1 ` - ac sM�,c z=e - .z e- '••t INS crAl 4,�`�� (1 T '-- `e\'1 '""C___'-2--"' % pec Wiens: :;:es':_ it Sig 1m merem ` r--_ ,...4.... • 0 ' v .' 1 H.c.- vcy Bus:-e55 •�� x 0 =I= — -I= iFACILITY ' =, 5 - G1 c:i 1. C U 5 C S S MN I mi J�� vos94 ,_ lel iimts. N �� 7� 2 �� 7 5 5i-- er cl -J5 .S_MU ' R 3 rim NI mi ot 0 =El < • • a<on NI INl 101 12_1 • I • ,• - • .� .. ,. -mom T . mom , Qua • v .� ,— . _ it -,, gra -:.. --- ELDorrrsrf inert IT • ��3• / I 1 MN 11 0 EN Paas d e�, INE" SSV .' 4=5.a / . _ . r U Exhibit B ® James S.Perry, D.D.S. 8 415 East 1st Avenue NV ..;, ..Y Shakopee,MN 55379 2Il (612)445-5556 - 7 1997 The addition to the building that we are proposing will create space for a complete dental office. Without a variance on the south there will not be adequate space for this project as expansion any other direction is also limited. Using even a portion of the space now used by Wild Iris would force that business to move out of the downtown area. That eliminates the possibility of moving toward the east. The location of the sewer right of way on the west limits the amount of the space available in that direction. The alley on the north,while no longer used for through traffic,is used for both private and public parking. If we are unable to build with adequate space it will effectively force our business to move out of the downtown area where we have been located for 23 years. However,if this variance is granted,we will be able to construct an addition that will not only benefit us, but the entire downtown appearance. Our intention is to create an attractive addition that will be well-designed from the inside out,including landscaping. As cars come across the new bridge the view of the entire building will be dramatically improved and thus will further enhance the efforts to create a visual image of downtown Shakopee that is updated,beautiful, and thriving successfully. Attachment B Finding#2: The Board finds staff has received no evidence th. e use would impede the orderly development and ' ► •vement of the surrounding property for uses predomin. the area. Cri 'a#3: Adequate utilities, access roads •rainage, and other - necessary facilities have been or i be provided. Finding#3: The Board finds adequate 1'ties, access roads, drainage and . king will be provide. . serve the site. Criteria#4: The se is co • tent with the purposes of the zone in which : e a• ' cant intends to locate the proposed use. Finding#4: The B. ,d . 'ds the overall use of the property is consistent wit e purpo the I-1 zone with the attached conditions. Criteria#5: he use is not in co +ict with the Comprehensive Plan. Finding ' : The Board finds the use i- onsistent with the Comprehensive Plan. The area is designat- for Industrial use in the 1995 Comprehensive Plan. Mr. Brekke . ted he is very comfortable with the hours of the operat • and the need for extende. ours. VMotion carried unanimously. 6. PUBLIC BEARING: TO CONSIDER THE APPLICATION FOR AN EIGHT (8) FOOT VARIANCE TO THE REAR YARD SETBACK REQUIREMENTS FOR AN ADDITION TO '1'HE DENTAL BUILDING LOCATED AT 407 EAST FIRST AVENUE IN THE HIGHWAY BUSINESS (B-1)ZONE. Mr. Andrews reviewed the request for an 8' variance to allow the construction of a building addition. He discussed the need for additional parking and a variance. He noted the existing building conforms to the current parking standards. He reviewed findings to the criteria. He stated the application does not meet the criteria set forth in Criterion lA, 1B, 1E and Criterion 2. Commissioner Mars asked if there would be a need for a variance if the building were not as far to the north. Mr. Andrews stated he would need at least a 2'variance instead of an 8'variance. Commissioner Brekke asked how close this is to Downtown zoning and if it would be in compliance with those regulations. Mr. Andrews noted the location of the property which is dop. • 4'4‘140 40. ‘40,q. northeast but not contiguous to the B-3 district. He stated it would be in conformance with the B-3 zoning. Jim Perry, applicant stated some minor adjustments have been made to the building addition to make it a little smaller. He stated he has counted 39 spots on the site, and one can easily be added. He discussed setback requirements. He noted the alley behind the building is now closed at one end and is used for parking by trail users. He stated he work with the City to provide additional landscaping. He reviewed the building elevations. Commissioner Mars asked where the building was reduced. Mr. Perry noted the building would be narrower and was reduced on the west side due to the sewer line.. Mr.Perry noted this would not be an issue if this was in the downtown area. MOTION: Commissioners Brekke/Romansky moved to close the public hearing. VOTE: Motion carried unanimously. Commissioner Brekke discussed the difficulty of meeting all criteria for a variance approval. MOTION: Commissioners Brekke/Romansky moved to concur with the following findings: Criterion 1: The strict enforcement of the ordinance provisions would cause undue hardship because of circumstances unique to the property under consideration. Undue hardship means the following: 1A. The property in question cannot be put to a reasonable use if used under conditions allowed by the official controls. Draft Finding: The Board finds the property can be put to a reasonable use if the addition was forced to comply with building setbacks and number of parking spaces required. However, the property could not be put to a reasonable use if forced to comply with the parking setbacks. IB. The plight of the landowner is due to circumstances unique to the property. Draft Finding: The Board finds the plight of the landowner is not due to circumstances unique to the property. A smaller expansion could be allowed with only a variance to the parking setback. 1C. The circumstances were not created by the landowner. Draft Finding: The Board finds the circumstances were not created by the landowner in that the building was constructed prior to current regulations. 1D. The variance, if granted, will not alter the essential character of the locality. Draft Finding: The Board finds the variance, if granted, would not alter the character of the locality. With the additional land acquired by the owner, the addition would be similar to the previous situation. IE. The problems extend beyond economic considerations. Economic considerations do not constitute an undue hardship if reasonable use for the property exists under the terms of the ordinance. Draft Finding: The Board finds the problems do not extend beyond economic considerations, but relate to the economics of this particular business. Criterion 2: It has been demonstrated that a variance as requested will be in keeping with the spirit and intent of this Chapter. Draft Finding: The Board finds the variance as requested would not be in keeping with the spirit and intent of Chapter 11. The property is currently being put to a reasonable use and could also expand without a variance to the rear yard building setback and number of parking spaces required. Criterion 3: The request is not for a use variance. Draft Finding: The Board finds the request is not for a use variance. Criterion 4: Conditions to be imposed by the Board of Adjustment and Appeals will ensure compliance and to protect the adjacent properties. Draft Finding: Not applicable if the application does not meet all of the criteria for granting a variance. Criterion 5: Variances in the flood plan overlay zone also shall meet the following criteria: ... Draft Finding: Not applicable because the property is not within the flood plain overlay zone. Commissioner Mars asked if the reduction in the addition indicated by Mr. Perry would reduce the parking requirements. Mr. Leek stated two parking spaces would still be needed. VOTE: Motion carried unanimously. MOTION: Commissioners Romansky/Brekke moved to offer approval of Resolution No. PC97-77, a resolution denying an 8 foot variance to the 30 foot rear yard setback in the Highway Business Zone, a 5 foot variance to the 5 foot parking setbacks, and a 2 parking space variance to the 40 parking spaces required. VOTE: Motion carried 5-1. Commissioner Meilleur voted against the motion. 7. P► C HEARING: TO CONSIDER THE APPLICATION FOR A FO' -FIVE (45) I I T VARIANCE TO THE TWENTY (20) FOOT • I ► HEIGHT REQ i I FOR A FREE STANDING SIGN TO BE LOC I AT 1244 C• '+ 'Y ROAD IN THE MAJOR RECREATION (MR) ZO►'. . Planning Inte andrich discussed the applicant's desire for a • standing sign. She reviewed the crit: ;a for denial of the request. Commissioner Mars eted the height and square footage of ' sign are issues of concern. Mary Elwood. applicant 'scussed the request for a 65' '-:n. She stated it is difficult to see the hotel, because it is 1• . =s lower than the highway Pamela Clarke. applicant expl.. s ed in detail why - sign is needed. Commissioner Brekke suggested -y be inc ed on the blue signs along the highway. It was noted they are on the signs. . B .4 e asked how the sign would help traffic on County Road 83. It was noted the sig ld be two sided. Commissioner Romansky asked ho- e 5' height was arrived at. Ms. Elwood stated it was determined a sign should be •_ er th. e Bypass. Commissioner Nummer ask; if the sign we d face north/south or east/west and what direction the existing sig .ces. Ms. Elwood .ted the existing sign faces north/south. The new sign would b- cockeyed" so that it . be seen from both directions. It was noted it would be si • y a logo and nothing else. Commissioner r -kke asked if the County has been . s•roached to get a blue sign on County Road ' It was noted it is a consideration. Ms. C . ' - discussed the criteria. She discussed the need to .ct visitors to Shakopee. If the s' .ge is coordinated well, it will do the job. She was • cemed how the proposed Si: - ould change the character of the area. .01 .," `.7 z ?L.." So% N / ri 33 X:I / IA n x -o I,, 13 33 in 6' a,' Y V ry ui t.) 0 3 71 N • -I .•:" § t iii M To...37 0 r 0 • 0 g I _ 0, 0 - III 8igilt ; 8 =I t .ilgEN- 13 4 . . 8 0 1 • -4 --, , :I --.44 Wi 0 • 0 5-,) r • A 1,... s t , 17) % It. 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Michael Leek, Community Development Director SUBJECT: Environmental Assessment Worksheet - CAMAS Minnesota, Inc., Shiely Division MEETING DATE: August 5, 1997 Introduction: On July 2, 1997, the 30-day comment period ended for the environmental assessment worksheet (EAW) for the proposed quarry operation. The City of Shakopee, as the Responsible Governmental Unity (RGU), must now decide whether an Environmental Impact Statement (EIS) is necessary. The EAW was sent to the appropriate governmental agencies, as well as notice published in the"Shakopee Valley News." Copies of the comment letters which were received have been attached as Exhibit A. Discussion: CAMAS has requested that the City postpone the decision for 30 days in order to provide the City with additional information regarding groundwater and vibration impacts. (See letter attached as Exhibit B) EQB rules permit postponement, so long as notice of the postponement is provided to the EQB and anyone who submitted substantive comments. Alternatives: 1. Direct staff to prepare a negative declaration on the need for an EIS for the proposed Shiely quarry . 2. Direct staff to prepare a positive declaration on the need for an EIS for the proposed Shiely quarry. 3. Postpone a decision on the need for an EIS, and direct that staff notify the appropriate persons of the postponement. EAWSHIEL.DOC/RML 1 Action Requested: Offer and pass a motion consistent with the Council's determination. R. Michael Leek Community Development Director EAWSHIEL.DOC/RML 2 / 6 - 77 clelit/444 _eti ) 0411e--c-Zia,ay # .40 Le, -ez.Zt) 5 fr--2,1) tet_b_Q, A44.- e-xl.te,Apu p4-11'11 44-f> hi, • • 72-L44-a_ BEST & FLANAGAN Professional Limited Liability Partnership ROBERT L.CROSBY GREGORY D.SOULE KEVIN J.DUNLEVY OF COUNSEL LEONARD M.ADDINGTON CATHY E.GORLIN 4000 FIRST BANK PLACE JILL B.LAORR WARD B.LEWIS ROBERT R.BARTH PATRICK B.HENNESSY SARAH CRIPPEN MADISON ARCHIBALD SPENCER N.WALTER GRAFF TIMOTHY A.SULLIVAN 601 SECOND AVENUE SOUTH ROBERT D.MAHER ROBERT M.SHARE ALLEN D.BARNARD BRIAN F.RICE DAVID H.JOHNSON JOHN R.CARROLL RICHARD A.PETERSON DANIEL R.W.NELSON MINNEAPOLIS,MINNESOTA ANN E.WALTHER JAMES D.OLSON ROBERT J.CHRISTIANSON,JR. TRACY J.VAN STEENBURGH WILLIAM J.MORRIS FRANK J.WALZ DAVID J.ZUBKE 55402-4331 MICHAEL H.PINK FRANK VOGL STEVEN R.KRUGER DANIEL A.KAPLAN MARINUS W.VAN PUTTEN,JR. JAMES P.MICHELS AMY J.SWEDBERG JAMES I.BEST DAVID B.MORSE PAUL E.KAMINSKI HTTP://WWW.BESTLAW.COM 1902-1966 JOHN A.BURTON,JR. JOHN P.BOYLE ROBERT J.FLANAGAN JAMES C.DIRACLES Ross C.FORMELL (612) 339-7121 1898-1974 ROBERT L.MELLEH,JR. CARYN S.GLOVER MORRIS E.KNOPF MARY E.SHEAREN FAX (612) 339-5897 JUDITH A.ROGOSHESKE BARBARA M.Ross SCOTT D.ELLER CATHERINE J.COURTNEY CHARLES C.BEROUIST JEANNICE M.REDING E.JOSEPH LAFAVE Direct Dial: 341-9720 June 27, 1997 -VP OD REcE, JUN 3 U i'-// Mr. Michael Leek City Planner City of Shakopee 129 Holmes Street Shakopee, MN 55379 RE: Shiely Shakopee Quarry Dear Mr. Leek: This firm represents Valley Green Business Park. As you are aware, CAMAS Minnesota, Inc., Shiely Division, is proposing expansion of their limestone quarry on a 106 acre parcel which is adjacent to land owned by Valley Green. This firm and STS Consultants, Ltd. have carefully reviewed the Environmental Assessment Worksheet which was prepared for the expanded Shiely mining operation. We believe the STS Consultants, Ltd. report makes it very clear that the proposed Shiely project has a potential for significant environmental affects. The STS report sets forth a number of questions which have not been answered, as well as indications of impacts which will be reasonably expected to occur from the Shiely project. These cumulative irreversible affects will negatively impact future projects in the area. We trust that the city of Shakopee will conclude that it is reasonable for the proposer of this expanded mining operation to develop an Environmental Impact Statement to address the significant potential environmental affects of the project. The proposer should be required to consider alternate approaches to its plan to minimize the impact of the mining expansion. Finally, this report does not address some zoning issues which we believe the city will need to revisit. For example, the Environmental Assessment Statement in Section 28 states [O:\DOCS\PUBL\PEK\79469 1.LTR Mr. Leek June 27, 1997 Page 2 that the Comprehensive Plan "does not address mining nor does it specifically address land use issues in the area of the proposed project." We point out that the Comprehensive Plan in Figure 27 specifically sets forth an area to be included in the mining overlay districts. The proposed Shiely expansion area is not included in this mining overlay district. As such, we believe the city needs to amend its Comprehensive Plan before it could allow Shiely's proposed mining expansion. If you have any questions or comments regarding the above, please don't hesitate to contact me. Sincerely yours, Paul E. Kaminski PEK:kjd cc Jon Albinson, Valley Green Business Park [O:\DOCS\PUBL\PEK\79469 1.LTR CON(LIN° June 30, 1997 The City of Shakopee Attn: Michael Leek 129 Holmes Street South Shakopee, MN 55379-1376 Re: CAMAS Minnesota, Inc., Shiely Division Mine Expansion, WSB Project No. 1014.20 Dear Mr. Leek, The purpose of this memo is to raise some of our concerns over the proposed expansion of Shiely's mining operations. As Conklin's facility is immediately adjacent to the proposed mining expansion site, we will experience the greatest vibrations from blasting. Conklin has been at this location since 1971, and provides employment to over 100 employees, many of whom are from the Shakopee community. Our concerns can be summarized as follows: 1. Hazardous chemical spills resulting from vibration damage to chemical storage tanks, up to 30 feet high and 25,000 gallons in size, and associated piping. 2. Fire, explosions, or fuming resulting from spillage of flammable, combustible, and corrosive liquids from the above chemical storage tanks. 3. Heavy objects falling from warehouse storage racks, causing injury or death to employees or visitors, as well as chemical spills and property loss. Our rack storage is approximately 24 feet high, measured to the top of pallet contents. 4. Tipping over of stacked pallets of empty drums and containers, up to 20 feet high, causing injury or death. 5. Tipping over of objects from forklift forks raised up to 20 feet high, causing injury or death to employees or visitors, as well as chemical spills and property loss. 6. Safety of personnel working on ladders and manlifts during detonations. 7. Damage to expensive R&D lab equipment from vibrations caused by explosions. 8. Inaccurate readings on lab equipment due to vibrations, leading to the inability to use lab equipment during detonations. If detonations occur at unexpected times, lab work in progress could be ruined. 9. The possible increase in truck traffic past our facility. Shiely indicates that they could assign the majority of the 195 daily trips expected by year 2000 to Highway 101; however, there is no assurance that this will happen. According to the December 6, 1992 report written by David Braslau Associates, our facility at 551 Valley Park Drive could experience vibrations at Around level of 4.59 in/sec if blasting occurs at the extreme western edge of the quarry. This level would exceed U.S. Bureau of Mines guidelines and cause structural damage, according to the report. As a frame of reference, the report states that 0.84 in/sec is clearly noticeable, and a level of 0.04 in/sec is perceptible. Vibrations would be greater for our large vertical chemical storage tanks and 24 foot pallet storage racks, as well as for chemical tanks located on our second story, since they are all situated above ground level. Although the report states that 4.59 in/sec is a very conservative assumption, nothing in the EAW states what the actual vibration levels will be. Conklin Company Inc. 551 Valley Park Drive P.O. Box 155 Shakopee, MN 55379 612/445-6010 JUL-02-1997 14 04 FROM MDH ENVIRONMENTAL HEALTH TO 9-4456718 P.01/02 1 ,0 ' Minnesota Department of Health 'i; ' 121 East Seventh Place P.O. Box 64975 1 i St. Paul,MN 55164-0975 oR __ _ _ .__ __ _ .___ : brand tax transmittal memo 7671 oatpsiges 1.1 , July. 2,1997 a, "F ; { ' e4 of-r o/Qe Co A/#/E-4,0 Dept r Fax M r h 1 *�, ./01 (�hens+� 3-V, 4 Mr.'Michael'Leek yyS- L`]k F'"# 4-1S:•it)*—1,` : City Planner 129 Holmes Street Shakopee,Minnesota 55379 Dear Mr. Leek: ' Minnesota.Department of Health(MDH)staff has reviewed the Environmental Assessment Worksheet(EA\ )for the Shiely Shakopee Quarry project,Scott County,Minnesota.' 'We ; understand that the project consists of the expansion of a limestone quarry. We have the i following comments for your consideration: i 1. We recommend ra field well inventory be performed to determine if there are any eadisting j. water supply wells(active or unused,unsealed)across the entire proposed gravel mining area. ' Particular attention should be made in the areas shown on air photos,old maps,etc.where any farmsteads have been located on this property. 2. We understand that the well named,"Monitoring Well#1" is located in part of the:quarry expansion area. The project proposes to leave it as is,until the quarry expands through it: ' (Item 13.a.on p.;12). Minnesota Statutes,section 103I requires that any unused,unsealed well(s)be repaired and put back into service or be sealed by a licensed well contractor,in j accordance with Minnesota Rules,Chapter 4725 (also termed the Well Code). Therefore,at ' the point in time when"Monitoring Well#1" is no longer used as a monitoring well, it must be sealed by a licensed well contractor in accordance with requirements of the Well Code. 1` This will also have the advantage that the well will not become a source of contamination to the aquifer, in.the interim before it is excavated in the quarrying process. Please contact Jim t ' Nye in the Well Management Unit at(612)215-0824,if you have any questions on these requirements. 3. We understand that the Kawasaki well,a water supply well that is now unused,is proposed to be used as an additional monitoring well(Item 13.a. on p. 12). The Well Code requires that a monitoring well be permitted as such,and must be reconstructed by a licensed well contractor in accordance with specific requirements. Any monitoring well must also obtain an annual 1 maintenance permit($100 fee)from the MDH. Please contact Mark Hoffman in the Well Management Unit at(612)215-0813,to obtain the permit and answer any questions'you may have. , j TCDD: (612)623.5522(Twin Cities) 1-800-627-3529(Greater Minnesota) An Equal Opportunity Employer JUL-02-1997 14:04 FROM MDH ENVIRONMENTAL HEALTH TO 9-4456718 P.02/02 :Mr.Michael Leek k July 2, 1997 Page 2 Thank you for tft opportwity to review this EAW. If you have questions or need furOser inforntation,please call the contacts noted above or Betty Wheeler at(612)21541107. Sincerely, ' • •, Lin M.Nelson Environmental Ri w Coordma. tor • Environmental Healkh Division 4 t I LMN:BJW:sdr 1, cc: MHoff } min Jim Nye , Betty Wheeler • • • , • . . „ • II I , TOTAL P.02 DNR PLANNING Fax:612-296-6047 Jul 2 '97 12:54 P.01/02 41. .....0.440,,,,.„WNN •., y �' Minnesota Department of Natural Resources ,,,,,, m b tai 1. A l : e 51x1 t..al;lycatt•Road 10 l� Q(tr St. t)atii.Mimic.t la 55155 40 July 2, 1997 post-it''Fax Note 7671 Date 1/a- pffagifeslo L To t' Frorr✓I�_ /k Michael Leek, City Planner /4 4J r_ City of Shakopee co/Dept.,) ,r- tee- CO pyR 6v✓. lee view 129 Holmes Street Phone Phone ar 2,414 G ' y,7 9 C Shakopee, MN 55379 Fax#in/S- 6 VS Fax It 2.c6 ' 11 n `'7 RE: Shiely Shakopee Quarry Environmental Assessment Worksheet (EAW) Dear Mr. Leek: The Department of Natural Resources (DNR) has reviewed the EAW for the Shiely Shakopee Quarry project. We offer the following comments for your consideration. Item llb, Ecologically Sensitive Resources, correctly identifies the presence of the Savage Fen Wetland Complex and Boiling Springs& Eagle Creek as being within the project's vicinity. These unique and highly valuable resources are presently threatened by continued development over a large area. Given this project's location, avoidance of additional groundwater impacts should be an important project feature. Review of the project parameters reveals that overall the hydrologic conditions of these surface water features should improve with the proposed operation. This being acknowledged, we encourage the Company to continue investigating possible beneficial uses of dewatering discharge, and to employ technology and mining techniques which minimize the amount of dewatering necessary. In reviewing the proposed end use of the site offered in Item 6, Project Description, we note that a deep lake is offered as the result of the mining operation. Such a lake would be large enough to provide a significant local fishery in the Shakopee area. Lakes of this type are generally infertile, and therefore without nutrient inputs, production would be low and mortality could be high. The inclusion of shallow water areas for production of bass, bluegills, or forage species would be a desirable final site feature. Any connections between the lake and the river, (e.g., the drainage ditch), could the allow the introduction of unwanted species from the Minnesota River that would result in the eventual degradation of the fishery. There are several management options available in creating such a fishery. Stocking and management by the DNR would require public access to the lake. City ownership(s)of the open space areas could provide parkland and lake access. We note that only a small percentage of the angling public would benefit from this fishery and stocking is expensive. DNR would consider these and other factors in determining whether to manage this lake. The option of the proposer maintaining the lake as a private lake with liminted access is also available; in such a case, DNR would not stock it, but the proposer could apply for a permit from DNR to stock the lake. Regardless of what scenario unfolds, DNR is willing to provide assistance. Please contact Daryl Ellison, Area Fisheries Manager, at(612) 832- 6162, for further information. l)NR ilii rm,ttii'u;(412-2.%Jb 6157. I Si)()-7(4-(7000 • 'TY.h l2 Irk,-S It 4, I KIM t."I.3'111) nn ilio.:!V1, ..11Li111y Ilupinytt t>.noc l.n lI lrlyd 1'.In.1 .a.auun•. Wha 4.11uc,IIl rrr..d, Gj NluuuWIll•.t IU I'u+1 I'On•JILN I W:,IP DNR PLANNING Fax: 12-296-6047 Jul 2 '97 1255 P.02/02 Michael Leek,City Planner July 2, 1997 Also in Item 6, the EAW does not discuss the reclamation of the east pit (the old site). Reclamation would offer opportunities to re-establish some wildlife habitat in this area. Also, are there plans for a fishery to be developed in the east pit? Thank you for the opportunity to review this project. We do not recommend preparation of an environmental impact statement(EIS)for the 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 • Natural Resources Environmental Review Section Office of Planning c: Kathleen Wallace Con Christianson Pete Otterson Daryl Ellison, Fisheries Lynn M. Lewis, USFWS • Gregg Downing,EQB Bob Bieraugel,CAMAS Minnesota,Inc., Shiely Division #970350-01 SHIELY.WP6 2 JUL-15-1997 12 38 MPCA EPRO41SD 612 297 8324 P.01/01 ilkMinnesota Pollution Control Agency . 111111110' Post-ft"Fax Note 7671 Dare 7-1,5 July 14, 1997 Tai e_p„k Froa+ �t ' CoJ Mr. Michael Leek Phone a 124t phone a 9 • -7791 City of Shakopee Fax a "441.5— 6-7/8 Far 129 Holmes Street South Shakopee,Minnesota 55379-1376 RE: Comments on Environmental Assessment Worksheet for the Shiely Shakopee Q - Dear ,.,. Mr. Leek: ` { 5 1997 The Minnesota Pollution Control Agency's(MPCA)staff has completed a review of the Environmental Assessment Worksheet(EAW)for the above referenced project proposed by the city of Savage. Based on the information contained in the EAW,the staff do not believe the project has the potential for significant environmental impacts, and as a result, does not recommend the preparation of an Environmental Impact Statement for MPCA-related approvals. The only comment we would make is that the company should ensure that their existing Storm Water Pollution Prevention Plan for the existing quarry be revised to include the new acreage and appropriate best management practices for the site. Thank you for the opportunity to review this project. We look forward to receiving your written responses to our comments and receiving your decision on the need for further environmental review. If you have any questions regarding our review,please contact Hans C. Walter-Peterson of my staff at 612/297-8236. Sincerely, gq60),J2- Paul Hoff,Director Environmental Planning and Review Office Administrative Services Division PH:cj c: Jim Strudell, Water Quality Division 520 Latayette Rd.N.;St. Paul,MN 55155-4194;(612)296-6300(Voice),(612)282-5332(TTY) Regional Offices: Duluth•Brainerd•Detroit Lakes•Marshall•Rochester Eadai Qi>Rmrninity tmpioyer•Primed on r( yclntf paper containing at iea;t 20% linin paper recycleaa ny consumers. TOTAL P.01 00E3,4 4, g Minnesota Department of Transportation aff Metropolitan Division °`TN►`�g Waters Edge 1500 West County Road B2 Roseville, MN 55113 ._ .i� i , , _, June 30, 19971 "19W Michael Leek City of Shakopee 129 Holmes Street Shakopee, MN 55379 Dear Michael Leek: SUBJECT: CAMAS Minnesota, Inc., Shiely Division Environmental Document Review EAW97-013 South of Trunk Highway(TH) 101, East of Valley Park Drive Shakopee, Scott County C.S. 7005 The Metro Division of the Minnesota Department of Transportation (Mn/DOT) has reviewed the CAMAS Minnesota, Inc., Shiely Division Environmental Assessment Worksheet (EAW)for impacts to the state highway system. We find it acceptable with consideration of the following comments. • The site drainage to the Prior Lake Drainage Ditch should not increase over current levels. • We request the opportunity to review site plans and grading/drainage plans for any proposed developments next to Mn/DOT right of way or with access to state trunk highways, when plans have been prepared. Mn/DOT review of plans allows potential issues to be identified and considered at a comparatively early phase of the development process. Please send two copies of the plans to Sherry Narusiewicz, Local Government Liaison Supervisor, at the above address. Please allow thirty days for a formal response. This letter represents the transportation concerns of the Metro Division of Mn/DOT. Other environmental concerns raised by a wider Mn/DOT review may be forwarded to you in a separate letter. Please contact me at 582-1654 with any questions regarding this review. Sincerely, cott Peters Senior Transportation Planner/Local Government Liaison c: Gerald Larson, Mn/DOT Environmental Coordinator Brad Larson, Scott County Engineer An equal opportunity employer CITY OF SHAKOPEE PII*All PUBLIC UTILITIES COMMISSION 1030 EAST FOURTH AVENUEc'4 ti 0 ir-v�;,' SHAKOPEE,MINNESOTA 55379 v �yy� 612-445-1988 July 10, 1997 Michael Leek, Shakopee City Planner City of Shakopee 129 S. Holmes St. Shakopee, MN 55379 RE: Supplement to July 1 Letter on Shiely EAW Dear Mr. Leek: Considering that the close date for public comment was July 2, please consider this letter as a supplement to my July 1 letter commenting on the Shiely EAW. On July 7 the Utilities Commission confirmed that the comments in their July 1 letter did reflect their official position, but they also directed an additional comment be added to more completely represent their concerns. That additional comment is: The Shakopee Public Utilities Commission requests that the future ability of SPUC to drill wells not be affected as a result of the Shiely proposal. Various state agencies have already been informally advised of our intent to drill another city well in 1998, and our formal application for that well permit is now being prepared. Our ability to drill this new well, or future wells, should not be hampered by the Shiely operations. VSincerely yours,Z/Z., ,i-4/--- youi Van Hout Uti ities Manager Shakopee Public Utilities Commission c.c. Al Frechette, Scott County The Heart Of Progress Valley CITY OF SHAKOPEE PUBLIC UTILITIES COMMISSION 1030 EAST FOURTH AVENUE SHAKOPEE,MINNESOTA 55379 612-445-1988 July 1, 1997 'L 2 1991 Michael Leek, Shakopee City Planner City of Shakopee 129 S. Holmes St . Shakopee, MN 55379 RE: Shiely EAW, Public Comment Due July 2, 1997 Dear Mr. Leek: The Shiely Company has submitted an EAW to the City of Shakopee as the Responsible Governmental Unit (RGU) and that EAW has been advertised for public comment. The Shakopee Public Utilities Commission is responsible for the municipal water system of the City of Shakopee. Water supply for the Shakopee municipal water system is from various aquifers, and we are interested in seeing that the purity and adequacy of that water supply is not compromised, either now or in the future. We are aware that Mr. Frechette of Scott County has already offered comments on the Shiely EAW, including concerns about groundwater. The Shakopee Public Utilities wishes to endorse Mr. Frechette' s concerns about the potential affects on groundwater, and request that those concerns be addressed on our behalf as well. We do not have a preference on specific administrative structures for having these groundwater concerns addressed, only that they should include the DNR, the Minnesota Department of Health, and other agencies responsible for safeguarding the aquifers. Sincerely yours, uiVan Hout Utilities Manager Shakopee Public Utilities Commission c.c. Al Frechette, Scott County The Heart Of Progress Valley SCOTT COITNTY PUBLIC WORKS AND LANDS DIVISION • ENVIRONMENTAL HEALTH DEPARTMENT SCOTT' COURTHOUSE A102 428 HOLMES STREET SOUTH SHAKOPEE,MN 55379-1393 (612)496-8177 GARYL.CUNNINGHAM Fax:(612)496-8496 COUNTYADMINISTRATOR BRADILEY L LARSON ASSOCIATE ADMINISTRATOR AL FRECHETTE ENVIRONMENTAL HEALTH MANAGER June 16, 1997 Michael Leek, City Planner City of Shakopee 129 Holmes St. Shakopee, MN 55379 Re: CAMAS Minnesota, Inc., Shiely Division, Environmental Assessment Worksheet, WSB Project No. 1014.20 Dear Mr. Leek: Thank you for the opportunity to review this Environmental Assessment Worksheet. We would like to note for your consideration the following comments: 1 . Question 13b: The explanation of the proposed method of mitigating the impact to ground water quantity (drawdown) from the proposed_new deeper quarry did not include any discussion on impacts to the adjacent exhausted quarry to the North East owned by W.G. Pearson. Permits have already been issued to allow this abandoned quarry to be reclaimed with waste concrete. It appears to us that the increased water levels proposed for the east Shiely quarry will result in a water level in the Pearson Quarry close to the ground surface, effectively ending the concrete disposal/reclamation process. 2. Question 20: The proposal to pump ground water from the new west quarry into the old east quarry also did not recognize or discuss any water quality impacts.to the ground water. This proposal creates a large ground water recharge basin. The surface water from the east quarry which will be subject to contamination from normal surface sources would be discharged into the limestone basin and Prairie du Chien aquifer. The proposed practice appears to be in conflict with the intent of several state and federal regulations which are written to protect ground water. FaAL\DOCUMEN'r197LET\SHELYEAW.DOC An Equal Opportunity/Safery Aware Employer /uestion 13b: The Barr ground water models discussed in. the EAW seem to onflict with earlier studies by the DNR and Sunde Engineering in regard to the xisting quarry's impact on area ground water elevations. It would be helpful if Barr applied the same modeling techniques being used to predict impacts on the Boiling Springs/Eagle Creek/Fen complex to Dean's Lake. • Shakopee is currently in the process of preparing a Wellhead Protection Plan. The Shiely proposal will certainly impact the ground water recharge areas for some of Shakopee's wells. This EAW lacks sufficient detail to be able to provide the definition the City will need to determine how this project will impact existing and future water supply needs in both quantity and quality. The City is currently reviewing several large development proposals South and West of the proposed quarry. There will be interrelated impacts between the proposed developments, their demand for potable water and the quarry pumping/recharging. The surrounding land uses are and will be required to address surface water runoff. The plans we have reviewed all included unlined storm water retention ponds which in these highly permeable soils will discharge contaminated surface water into the Prairie du Chien aquifer. The proposed Shiely pumping/recharging will influence the direction this contamination will travel. We find the current EAW lacking in sufficient detail to answer several important questions related to ground water. The current proposal conflicts with the County's Draft Ground Water Plan, as does the use of unlined storm water retention ponds in this area. We are, therefore, recommending that more detailed analysis be completed to define ground water impacts (quantity and quality) in consideration of not only the existing surrounding uses but also planned development. We believe the best approach to evaluate this would be a focused study on ground water participated in by all developers proposing to withdraw or discharge into ground water within the areas shown to be impacted by the Shiely pumping. One approach would be that Shakopee consider an Alternative Urban Areawide Review that would focus on ground water. Sincerely, ea( 61eV Allen Frechette Environmental Health Manager cc: Lou Van Haut,-Shakopee Public Utilities Dir. -- • Kathy Hansen, MPCA Marcel Jouseau, Metropolitan Council Bruce Olsen, MDH F:\ALADOCUMENT\97LETISHELYEAW.DOC CAMAS inc North Central Region 2915 Waters Road Suite 105 Eagan Minnesota 55121 ;w Telephone(612)683-0600 Facsimile(612) 683-8108 • ' 5 1997 July 23, 1997 AA& R. Michael Leek CAMAS Community Development Director City of Shakopee 129 Holmes Street South Shakopee, Minnesota 55379-1376 Re: Environmental Assessment Worksheet-CAMAS Minnesota, Inc. Shiely Division Dear Michael: CAMAS has received and reviewed the comments provided by you with respect to the Shiely/Shakopee Quarry Environmental Assessment Worksheet. The comment period ended July 2, 1997. CAMAS wishes to provide additional information and response to comments to the City of Shakopee prior to its decision on the need for an EIS. Accordingly, CAMAS requests that the City of Shakopee postpone its decision for a period of 30 days pursuant to Minnesota Rules 4410.1700, Subp. 2aB. As required by the Rules, we request that you provide written notice of this action to the EQB staff and any person who submitted substantive comments on the EAW. In particular, CAMAS wishes to provide additional information with respect to groundwater impacts and vibration. We believe this information will assist the City in its decision on the need for an EIS, according to the criteria set forth in Minnesota Rules 4410.1700, Subp. 7. Sincere►'//�� ., o.ert H Bierauge Environmental • airs Manager RB/scm Xj-t18i i 15 Shiely Company Eagan Minnesota Shiely Masonry Products Eagan Minnesota Kost Brothers Incorporated Fargo ND/Moorhead MN R E P 0 R T Valley Green Business Park 5740 Valley Industrial Boulevard South Shakopee,MN 55379 Review of Shiely Environmental Assessment Worksheet,Shakopee, Minnesota Valley Green Business Park Review of Shiely Environmental Assessment Worksheet, Shakopee,Minnesota 95394-N June 27,1997 ig; 1 June 27, 1997 Mr. Jon Albinson Valley Green Business Park 5740 Valley Industrial Boulevard South Shakopee, MN 55379 STS Project 95394-N Re: Review of Shiely Environmental Assessment Worksheet, Shakopee, Minnesota Dear Mr. Albinson: Per your request, STS Consultants, Ltd. has reviewed the Environmental Assessment Worksheet (EAW) prepared for the Shiely Shakopee quarry expansion. It is our opinion that the Shiely project has a potential for significant environmental effects. In our opinion, an Environmental Impact Statement (EIS) is warranted to address the potential environmental effects of this project. Specific issues of concern associated with this project include: • Actual magnitude of the mining operation versus that presented in the EAW. • The intensity of mining will be four times greater than the past. • Impacts of groundwater withdrawal. • Potential impact due to groundwater infiltration and mounding of the groundwater system. • Potential impacts to sensitive environmental areas. • Long-term impact associated with surface water discharge. • Final configuration and environment of the two surface water lakes. • Waste handling adjacent to groundwater infiltration area and discharge of process water to a groundwater infiltration basin. • Traffic analysis over the 15 year operation of the mine. • Noise and vibration impacts associated with blasting operations. Thank you for the opportunity to comment on the EAW. If you have any questions in reference to the comments provided, please contact me at 509-6317. Sincerely, STS CONSULTANTS, LTD. Z-7/1Z°2./Z-(714— Robert L. DeGroot, CPG PE Principal Engineer/Geologist • RLD/pb cc: Paul E. Kaminski. Best & Flanagan C694N001.DOC STS Consultants Ltd. Consulting Engineers 3650 Annapolis Lane Suite 120 Minneapolis,Minnesota 55447 612.559.1900/Fax 612.559.4507 Review of Shiely EAW Shakopee,Minnesota INTRODUCTION STS Consultants, Ltd. reviewed the Environmental Assessment Worksheet (EAW) prepared for the Shiely Shakopee Quarry per your request. A copy of the EAW was provided by Mr. Jon Albinson, Project Director for Valley Green Business Park. STS was requested to review the EAW for completeness and accuracy as well as to address technical issues of concern. The EAW review will follow the sections and pages of the report. EAW REVIEW 1. Project Title: No comment. 2. Proposer: No comment. 3. RGU: No comment. 4. Reason for EAW Preparation: No comment. 5. Project Location: The project location described the 106 acres west of the existing quarry. The EAW describes an operation that includes not only the west quarry area but also the east quarry operation. Further discussion in reference to the project is included with subsequent sections. 6. Description: Page 5, first paragraph: The proposed site is described as a "relocation" of the existing quarry. A more accurate description would be an expansion of the existing mining operation west of the existing quarry. The second paragraph describes the operation as an R694N001.DOC Shiely EAW Review STS Project 95394-N expansion that "would be contiguous to the existing operation" but for the ditch and easement that separate the east from the west operations. It is our understanding that the conditional use permit referenced in the second paragraph does not include the southern portion of the proposed expansion. Third paragraph: Overburden is described as 30 foot thick. This equates to approximately 3.1 million cubic yards of overburden. Removal of 250,000 cubic yards of overburden annually would require 12 years to complete the overburden removal. Fourth paragraph: The quarry is estimated to yield 11 million tons of limestone. The volume of limestone however is not provided. The final elevation of the quarry will be 620 feet mean sea level (MSL). The surface elevation of the quarry area is approximately 750 feet MSL. The total quarry depth, therefore, will be approximately 130 feet. Since 30 feet is overburden„ 100 feet will be limestone. A 100 foot thickness over 64 acres equals approximately 10 million cubic yards. Approximately 650,000 cubic yards of rock per year will be quarried over the 15 year life of the quarry. Total material movement, overburden and rock (13.1 million cubic yards), will average approximately 900,000 cubic yards per year over the majority of the quarry life (15 years). Comparison to the existing quarry operation is appropriate. The eastern or existing quarry has a base elevation of approximately 685 feet MSL. Assuming a surface elevation of 750 MSL, the total depth of the existing quarry is 65 feet. The area of the existing quarry is approximately 60 acres for a total volume of approximately 6.3 million cubic yards. The existing quarry has operated for approximately 30 years. The average aggregate mining volume was 210,000 cubic yards per year. The intensity of mining and mining activities over the next 15 years will be more than four times that which has been experienced on the average over the past 30 years. In other words, the - 2 - Shiely EAW Review STS Project 95394-N proposed mining operations will remove an average of 900,000 cubic yards per year over the next 15 years, compared to 210,000 cubic yards removed over the past 30 years. Page 7: The existing facilities will be used to process materials. As stated previously, the intensity of mining and quantity mined must increase dramatically. No discussion as to the capacity of the processing facilities was included. No discussion as to the necessity for increase in the capacity and potential impacts associated with processing expansion, if required, is discussed. Paragraph 2: The reclamation of the quarry is discussed in only general terms. The environment and habitat of the final quarry lake should be addressed. A discussion of the "proper attention to habitat requirements" should be included. The lake will be in existence for perpetuity and its environmental condition should be considered. In addition, the habitat conditions for the east quarry lake should also be discussed. The east quarry lake is part of the mining operation and will be a similar environment to the west quarry lake. Discussions relative to the shoreline configuration for the east quarry should also be incorporated. Third paragraph: Development of the area around the west quarry lake is discussed. No discussion is included in reference to development surrounding the east quarry lake. The quarry lakes apparently will be developed as fisheries. Will public access to these fisheries be available or will the area remain surrounded by private land without access to the fishery? 7. Project Magnitude Data: The mining operation as described in the EAW includes the 106 acres plus utilization of the 60 acre east quarry lake for water infiltration as well as haul roads, processing plants and associated buffer zones. Therefore, the total project area should include not only the 106 acres but also the 124 acres of the existing mining operation for a total of 230 acres. Areas of specific use including processing buildings, haul roads, infiltration lakes, etc. should be included. - 3 - Shiely EAW Review STS Project 95394-N 8. Permits and Approvals Required: The existing air permit must be reviewed. The increased mining activity will generate greater potential air emissions. Additional equipment which may require permits may be required because of the additional material processing. This section does not mention the need to amend the City's Comprehensive Plan. 9. Land Use: Page 9, third paragraph. This paragraph states that the neighboring industrial uses have co-existed for more than 30 years without serious conflicts. In reality, over much of the past 30 years no development existed around the site. This statement therefore is misleading in that it implies that for 30 years there has been no serious conflict. There will also be continued development in the near future which will be impacted by this project. 10. Cover Types: This section states that no wetlands will be developed during reclamation. This is contradictory to section 6, page 7, second paragraph, which states that "portions of the quarry edge will be developed as shallow water wetlands". This is further evidence that site reclamation, environmental habitat and end use has not been incorporated into the EAW. 11. Fish, Wildlife and Ecologically Sensitive Resources: No discussion of the ditch and storm water pond being perched above the regional groundwater table is included in the groundwater report. The effect of dewatering on the shallow groundwater should be reviewed and addressed. Groundwater discharged to the ditch will only continue for the duration of the mining operation, 15 years. No discussion of the affects to the downstream wildlife refuge after pumping has ceased is included. Is continuation of the clear cold water advantageous to the wildlife refuge considering it will be terminated 15 years in the future? Page 10, last paragraph: The FSFWS general water management plan for Blue Lake was prepared in 1988 and noted concerns over pumping operations. Were any other concerns -4 - Shiely EAW Review STS Project 95394-N identified in this report? Were any discussions included relative to the habitat changes due to the surface water discharge to Blue Lake versus groundwater discharge that occurs naturally? The area of impact of Shiely quarry dewatering and filling of east quarry lake is shown on Figures 4 and 5 in Appendix A. The area of influence extends for a radius of more than 2 miles from the project site. No discussion is included in reference to Deans Lake, Minnesota Valley National Wildlife Refuge, and the Minnesota River. The area of influence includes both drawdown and mounding of groundwater. Page 11, second paragraph: This paragraph discusses the Savage Fen, Boiling Springs and Eagle Creek located east of the project site. Filling of east quarry lake is intended to "block" the eastern influence of dewatering. Models show that filling east quarry lake will increase water levels. No discussion of potential impacts as a result of an increase in the groundwater is included. Filling of the quarry apparently will impact the groundwater conditions in this area. To what extent will these changes impact these environmentally sensitive areas? It is assumed that an increase in water levels is acceptable. What will be the impacts which are acceptable? Does filling of the east quarry change the direction of groundwater flow? The modeling shows mounding and drawdowns. The change in groundwater configuration and flow paths are not presented. Groundwater movement will apparently change as a result of the activities proposed. 12. Physical Impacts on Water Resources: This section appears to be incomplete. No discussion is included on water surface area affected, timing and extent of fluctuations in water surface elevations, or proposed mitigation measures to minimize impacts. 13. Water Use: a. This section discusses monitoring wells which apparently will be used to monitor groundwater levels during mining operations. No discussion as to the configuration of these - 5 - Shiely EAW Review STS Project 95394-N wells relative to the dewatering operation is included. The number of monitoring wells appears inadequate for monitoring the groundwater impacts during mining operations. A monitoring program adequate to confirm computer model configurations should be included. Their location, construction and monitoring schedule should be considered. Without a monitoring plan, the true impacts to the groundwater will not be able to be confirmed or denied. b. The discussion of water appropriation assumes that the only modification would be the point of appropriation and point of discharge. The second paragraph on page 13 indicates that maximum total withdrawal may be required. This is an additional change in the permit. Page 13, first paragraph: The EAW states in this paragraph that "groundwater levels will increase significantly compared to current levels". Figure 2 of the Barr Engineering report, Appendix A, indicates that groundwater will rise 30 to 40 feet above current groundwater levels. No discussion of the impact of this "significant" groundwater increase is included. Section 16, page 14 indicates depth to groundwater of 20 to 30 feet. The magnitude of mounding indicated suggests that water table may daylight at the surface. This could result in significant impacts to the area and existing and potential developments. Groundwater withdrawal will lower the water table in unconsolidated materials. Will settlement occur due to the increased effective stress on these soils? Will settlements impact any existing structures, roads or utilities? Page 13, second paragraph: The total pumping rate without removal of infiltration will exceed the rate authorized by DNR. Pumping is expected to be 12,300 gpm versus permitted 10,000 gpm. The duration of pumping as well as mining has not been established. Pumping at the rates indicated will exceed the maximum permittable under the_DNR permit. It appears to be the intent to submit a request for increase in the total water appropriation. The feasibility of obtaining this additional appropriation is not discussed. - 6 - Shiely EAW Review STS Project 95394-N Fourth paragraph: This paragraph states that infiltration and water levels in the east pit were set to "essentially eliminate" impacts to the Savage Fen and Boiling Springs. Modeling in the appendix indicates a rise in water elevations at these locations. The impact of this additional rise is not discussed. The EAW states that there will be impact in the form of a "modest increase in flow to the Boiling Springs and Eagle Creek due to the re-infiltration of pumped water". The impacts are not eliminated and no discussion of the impacts that will occur are included. In addition, other environmentally sensitive areas such as Dean's Lake and Minnesota Valley Wildlife Refuge are not discussed. Fifth paragraph: Deans Lake is a significant environmental resource. Previous studies related to the pumping of the west quarry are inappropriate to the conditions proposed. Methods of analysis, modeling and knowledge of the hydrogeology of this area has improved significantly since the 1970s and 1980s. Past information is of limited value. Models presented in the appendix show increases in the water table in excess of 5 feet in the Deans Lake area. This is in contrast to a groundwater withdrawal created by pumping of the east quarry. Impacts to Deans Lake as a result of these conditions have not been discussed and cannot be compared to previous mining operations. Page 14, first paragraph: The report Appendix A indicates costs to be $500 per year. The EAW states costs to be $200 per year. The discrepancy should be explained. Additional impacts to the water supply at city wells 4 and 5 could also occur. The groundwater flow directions and capture zone for the groundwater withdrawal will change. These wells will be within the capture zone created by the dewatering. The effect of this change on water quality is not discussed. This is a concern because of the high nitrate levels in these wells. 14. Water Related Land Use Management Districts: The project will create two lakes with shoreline. The land use planning and zoning around these water bodies has not been defined. - 7 - Shiely EAW Review STS Project 95394-N 15. Water Surface Use: Two lakes will be created as a result of this activity. Usage of these lakes has not been defined including access and water craft use. 16. Soils Approximate Depth to: No comments. 17. Erosion and Sedimentation: Page 15: The acreage identified is 64. In reality this acreage should include those areas which will be graded for the buffer zone. If the project is considered an expansion of the existing mining operation, grading should also include any required for site activities on the eastern portion of the site. No discussion of importing of materials is included in this section. It is our understanding that past practices have been to import undesirable soils and export desirable materials. Will this practice continue and be acceptable? How will soils be screened to prevent importing of undesirable or contaminated materials that have the potential for direct impact to the lakes and groundwater system? 18. Water Quality/Surface Water Runoff: Page 15: The east quarry lake is proposed to be used for settlement of discharged water. Are any permits required from the MPCA and/or watershed district for utilization of this water body for sediment control? Second paragraph: Water will discharge under Highway 101 and into Blue Lake. Is the ditch and Highway 101 culvert sized appropriately to accept the discharge quantities? Page 16, second paragraph states that groundwater would discharge to Blue Lake via the groundwater system. This discharge however would be much different in transport mechanism, discharge rate, distribution and chemistry. What impacts occur as a result of these differences? - 8 - Shiely EAW Review STS Project 95394-N Third paragraph: This paragraph suggests that discharge water from quarrying has a positive affect because it "provides an abundant supply of fresh water". This supply of water however may have impacted Blue Lake during the time that pumping of the east quarry occurred. Pumping for the west quarry will maintain approximately the same conditions, however it will cease in 15 years. The long-term impacts of ceasing the discharge to Blue Lake is not discussed. An ecosystem may have developed as a direct result of a discharge from the pumping operations. These waters will no longer be input into Blue Lake after mining operations have ceased. 19. Water Qualitv/Wastewater: The east quarry lake is proposed to be utilized for wash water treatment from the existing processing operation. Is discharge to east quarry lake acceptable wastewater handling practice? 20. Groundwater/Potential for Contamination: Page 17: The second paragraph states that there are "no abandoned or unused wells on the property". This is in contradiction to section 13, water use, page 12. 21. Solid Waste; Hazardous Waste; Storage Tanks: Page 18, first paragraph: Solid waste in the form of concrete, asphalt rubble and NSP bottom ash are stored adjacent to the existing east quarry. The east quarry will change configuration from point of groundwater withdrawal to a point of groundwater infiltration. East quarry lake will be in direct communication with the groundwater system. A release of solid waste into the lake will be in communication with the groundwater system. A review of this solid waste permit in relationship to the change in the storage location adjacent to east quarry lake should occur. 22. Traffic: The traffic patterns in relationship to the intensity of mining should be reviewed. As stated earlier in this review, it appears that the intensity of mining will be approximately four times what it has been over the past 30 years. Theoretically this would result in an average traffic increase four times the average traffic over the past 30 years. This is in contrast to the EAW which states that a 50% increase in traffic would occur. This traffic - 9 - l Shiely EAW Review STS Project 95394-N increase appears to be extended only out to the year 2000, approximately two years. The entire project life is estimated at 15 years. Traffic conditions over the life of the project and in relationship to the total quantity of materials to be moved should be assessed. It should also be noted that most of the increased traffic will be large trucks. 23. Vehicle Related Air Emissions: Page 19: This section states that"additional traffic will not be generated by the proposed quarrying." However, the intensity of mining over the next 15 years is four times that which has occurred over the past 30 years. Additional materials will be handled which apparently will require additional traffic. A traffic analysis in relationship to the quantity of materials to be handled over the life of the project should be completed. Vehicle related air emissions should then be assessed in relationship to the traffic requirements. 24. Stationary Source Air Emissions: No stationary air sources are anticipated. However, additional materials will be handled at a higher rate. Will additional equipment be required to handle the additional material volume? Additional equipment may require air emission permits. 25. Will the project generate dust, odors, or noise during construction and/or operation? Page 19: The second paragraph states that the magnitude of dust emissions should not change as a result of the change in quarry location. However, the intensity of mining will be significantly greater than previous conditions. Haul distance will be longer and additional vehicles will likely be required to transport the greater quantity of materials over the longer distance. No assessment of this additional dust generation as a result of the greater intensity is included in the EAW. Page 20, second paragraph, Noise: The noise assessment is based upon previous operations. It does not appear to take into consideration the proximity. of the businesses adjacent to the proposed development. For example, Conklin Chemical will be within 500 feet of quarrying operations and Chemerex will be within 600 feet. - 10 - Shiely EAW Review STS Project 95394-N The EAW states that earth moving equipment will strip overburden for a period of a few weeks seasonally. Section 6 states that 200,000 to 300,000 cubic yards of overburden must be stripped each year. What is the impact and equipment requirements to move that quantity of materials over a two week period of time? Vibration: The second paragraph indicates that monitoring has occurred on the west side of the proposed quarry. No interpretation of this information was included in the EAW. Third paragraph: The analysis by Dr. Braslau predicts particle velocities of approximately 4.5 inches per second at the Conklin building. This is approximately 10 times the blasting criteria recommended by the U.S. Bureau of Mines. Recommendations for changing blast procedures were provided. However, no statement as to whether these changes would be acceptable for the mining operation. Blasting must be adjusted to reduce vibrations by an order of magnitude in an operation with an intensity four times previous intensities. The report by Dr. Dave Siskind is not included in the EAW. According to the EAW, Dr. Siskind recommends collection of data, review of equipment at nearby businesses and additional analysis to improve the reliability of predictions. Apparently, data collection has begun. However, no presentation of this information or analysis is included in the EAW. 26. Are any of the following resources on or in proximity to the site? Page 22: d. Other unique resources: No assessment for unique resources are presented. Assessment for such resources including endangered species appears appropriate. 27. Will the project create adverse visual impacts? Page 22: A more complete discussion of visual impact from the east quarry operations appears appropriate. 28. Compatibility with Plans: Page 22: The southern portion of the project area was acquired after approval of conditional use permit No. 375. Therefore, the entire project site has not been included in this permit. - 11 - Shiely EAW Review STS Project 95394-N Page 23, first paragraph: The last sentence states "Infiltration of contaminants has not been a problem during existing quarry operations at the old east quarry and there is not reason to suspect change when the proposed west quarry is begun." However, significant change will occur. The old east quarry will become east quarry lake and will be an infiltration basin for groundwater. Contaminants which enter the east quarry lake will be in direct contact with groundwater and will infiltration to the groundwater system. This is in contrast to the previous operations which was groundwater withdrawal minimizing the potential for infiltration to the groundwater system. The second paragraph is true only for the west quarry itself The east quarry lake will be an infiltration basin which mounds groundwater. Contaminants released into the east quarry lake will infiltrate downward and radially into the groundwater system. The last sentence in the second paragraph states that "after the mining is completed, the proposed lake will ... be a groundwater discharge point ..." No information supports this statement. Typically lakes are both recharge and discharge to the groundwater system. Groundwater typically flows into a lake on the up-gradient side and discharge to the water table system at the down-gradient side. The statement that the two quarry lakes will be groundwater discharge sites has not been demonstrated. 29. Impact on Infrastructure and Public Services: No comments. 30. Related Developments: Cumulative Impacts: b. Is this project a subsequent stage of an earlier development? If yes briefly describe the past development, its timing and any past environmental review. The past environmental review has been limited. The EAW does not encompass the entire project even though this is an expansion of the existing mining operation. Mine restoration, site - 12 - Shiely EAW Review STS Project 95394-N development, east quarry lake configuration and operational activities on the east portion of the site has largely been excluded from this EAW. Page 24, second paragraph: Cumulative environmental impacts has largely been ignored in the EAW. The EAW should be completed with an understanding that this is an expansion of an existing operation. This is contrast to the approach which is presented which addresses only the portion of the site identified as the west quarry. 31. Other Potential Environmental Impacts: This section has been left blank. It is difficult to believe that there are no potential adverse environmental impacts which have not been addressed in the EAW. 32. Summary of Issues: This section has been left blank. Numerous issues remain which require further investigation. These include clarification of groundwater conditions, groundwater flow pattern, impacts of water quality on city wells, analysis of blasting and potential vibration, clarification of water appropriation permit including expansion of total groundwater withdrawals, and others not specifically identified. No discussion of alternatives or mitigation measures are presented. It would appear no consideration for alternatives have been developed. Alternatives review should be included. One option considered in the past was utilization of dewatering water as a water supply for the City of Savage. This alternative was considered in the past but rejected due to the potential impacts to Boiling Springs and Savage Fen. With infiltration in the east quarry lake, water may be available for the City of Savage. - 13 - APPENDIX A Potential Groundwater Impacts of Shiely Shakopee West Quarry This report was apparently prepared for Shiely. The scope of work appears to have been limited as indicated on page 1. Issues not included in the report include: • Discussion of the clay barrier to be added in the east quarry lake. Discussion should include configuration, constructability, physical parameters, effectiveness, potential for failure and alternatives. This issue was also not discussed in the EAW. • Identify previous modeling activities including results of the Alternative Urban Area-wide Review Process (AUARP), Alternative Water Source Study, treatment requirements for quarry dewatering water and Savage Fen management plan and summarize results. • Include a conclusions and recommendations section which discusses the results relative to the modeling and previous analyses. • Include a presentation of additional hydrogeologic parameters including piezometric surfaces, groundwater flow directions and changes in these conditions with mining operations. • Include a discussion of impacts to environmental resources including Savage Fen, Boiling Springs, Eagle Creek, Deans Lake and Minnesota Valley National Wildlife Refuge. R E P 0 R T Valley Green Business Park 5740 Valley Industrial Boulevard South Shakopee, MN 55379 Review of Shiely Environmental Assessment Worksheet,Shakopee, Minnesota Valley Green Business Park Review of Shiely Environmental Assessment Worksheet, Shakopee,Minnesota 95394-N June 27, 1997 7pr June 27, 1997 Mr. Jon Albinson Valley Green Business Park 5740 Valley Industrial Boulevard South Shakopee, MN 55379 STS Project 95394-N Re: Review of Shiely Environmental Assessment Worksheet, Shakopee, Minnesota Dear Mr. Albinson: Per your request, STS Consultants, Ltd. has reviewed the Environmental Assessment Worksheet (EAW) prepared for the Shiely Shakopee quarry expansion. It is our opinion that the Shiely project has a potential for significant environmental effects. In our opinion, an Environmental Impact Statement (EIS) is warranted to address the potential environmental effects of this project. Specific issues of concern associated with this project include: • Actual magnitude of the mining operation versus that presented in the EAW. • The intensity of mining will be four times greater than the past. • Impacts of groundwater withdrawal. • Potential impact due to groundwater infiltration and mounding of the groundwater system. • Potential impacts to sensitive environmental areas. • Long-term impact associated with surface water discharge. • Final configuration and environment of the two surface water lakes. • Waste handling adjacent to groundwater infiltration area and discharge of process water to a groundwater infiltration basin. • Traffic analysis over the 15 year operation of the mine. • Noise and vibration impacts associated with blasting operations. Thank you for the opportunity to comment on the EAW. If you have any questions in reference to the comments provided, please contact me at 509-6317. Sincerely. STS CONSULTANTS, LTD. Robert L. DeGroot, CPG PE Principal Engineer/Geologist • RLD/pb - cc: Paul E. Kaminski. Best & Flanagan C694N001.DOC STS Consultants Ltd. Consulting Engineers 3650 Annapolis Lane Suite 120 Minneapolis. Minnesota 55447 612.559.1900/Fax 612.559 4507 Review of Shiely EAW Shakopee, Minnesota INTRODUCTION STS Consultants, Ltd. reviewed the Environmental Assessment Worksheet (EAW) prepared for the Shiely Shakopee Quarry per your request. A copy of the EAW was provided by Mr. Jon Albinson, Project Director for Valley Green Business Park. STS was requested to review the EAW for completeness and accuracy as well as to address technical issues of concern. The EAW review will follow the sections and pages of the report. EAW REVIEW 1. Project Title: No comment. 2. Proposer: No comment. 3. RGU: No comment. 4. Reason for EAW Preparation: No comment. 5. Project Location: The project location described the 106 acres west of the existing quarry. The EAW describes an operation that includes not only the west quarry area but also the east quarry operation. Further discussion in reference to the project is included with subsequent sections. 6. Description: Page 5. first paragraph: The proposed site is described as a "relocation'' of the existing quarry. A more accurate description would be an expansion of the existing mining operation west of the existing quarry. The second paragraph describes the operation as an R694N001.DOC Shiely EAW Review STS Project 95394-N expansion that "would be contiguous to the existing operation" but for the ditch and easement that separate the east from the west operations. It is our understanding that the conditional use permit referenced in the second paragraph does not include the southern portion of the proposed expansion. Third paragraph: Overburden is described as 30 foot thick. This equates to approximately 3.1 million cubic yards of overburden. Removal of 250,000 cubic yards of overburden annually would require 12 years to complete the overburden removal. Fourth paragraph: The quarry is estimated to yield 11 million tons of limestone. The volume of limestone however is not provided. The final elevation of the quarry will be 620 feet mean sea level (MSL). The surface elevation of the quarry area is approximately 750 feet MSL. The total quarry depth, therefore, will be approximately 130 feet. Since 30 feet is overburden„ 100 feet will be limestone. A 100 foot thickness over 64 acres equals approximately 10 million cubic yards. Approximately 650,000 cubic yards of rock per year will be quarried over the 15 year life of the quarry. Total material movement, overburden and rock (13.1 million cubic yards), will average approximately 900,000 cubic yards per year over the majority of the quarry life (15 years). Comparison to the existing quarry operation is appropriate. The eastern or existing quarry has a base elevation of approximately 685 feet MSL. Assuming a surface elevation of 750 MSL, the total depth of the existing quarry is 65 feet. The area of the existing quarry is approximately 60 acres for a total volume of approximately 6.3 million cubic yards. The existing quarry has operated for approximately 30 years. The average aggregate mining volume was 210.000 cubic yards per year. The intensity of mining and mining activities over the next 15 years will be more than four times that which has been experienced on the average over the past 30 years. In other words. the Shiely EAW Review STS Project 95394-N proposed mining operations will remove an average of 900,000 cubic yards per year over the next 15 years, compared to 210,000 cubic yards removed over the past 30 years. Page 7: The existing facilities will be used to process materials. As stated previously, the intensity of mining and quantity mined must increase dramatically. No discussion as to the capacity of the processing facilities was included. No discussion as to the necessity for increase in the capacity and potential impacts associated with processing expansion, if required, is discussed. Paragraph 2: The reclamation of the quarry is discussed in only general terms. The environment and habitat of the final quarry lake should be addressed. A discussion of the "proper attention to habitat requirements" should be included. The lake will be in existence for perpetuity and its environmental condition should be considered. In addition, the habitat conditions for the east quarry lake should also be discussed. The east quarry lake is part of the mining operation and will be a similar environment to the west quarry lake. Discussions relative to the shoreline configuration for the east quarry should also be incorporated. Third paragraph: Development of the area around the west quarry lake is discussed. No discussion is included in reference to development surrounding the east quarry lake. The quarry lakes apparently will be developed as fisheries. Will public access to these fisheries be available or will the area remain surrounded by private land without access to the fishery? 7. Project Magnitude Data: The mining operation as described in the EAW includes the 106 acres plus utilization of the 60 acre east quarry lake for water infiltration as well as haul roads, processing plants and associated buffer zones. Therefore, the total project area should include not only the 106 acres but also the 124 acres of the existing mining operation for a total of 230 acres. Areas of specific use including processing buildings, haul roads, infiltration lakes, etc. should be included. Shiely EAW Review STS Project 95394-N 8. Permits and Approvals Required: The existing air permit must be reviewed. The increased mining activity will generate greater potential air emissions. Additional equipment which may require permits may be required because of the additional material processing. This section does not mention the need to amend the City's Comprehensive Plan. 9. Land Use: Page 9, third paragraph. This paragraph states that the neighboring industrial uses have co-existed for more than 30 years without serious conflicts. In reality, over much of the past 30 years no development existed around the site. This statement therefore is misleading in that it implies that for 30 years there has been no serious conflict. There will also be continued development in the near future which will be impacted by this project. 10. Cover Types: This section states that no wetlands will be developed during reclamation. This is contradictory to section 6, page 7, second paragraph, which states that "portions of the quarry edge will be developed as shallow water wetlands". This is further evidence that site reclamation, environmental habitat and end use has not been incorporated into the EAW. 11. Fish, Wildlife and Ecologically Sensitive Resources: No discussion of the ditch and storm water pond being perched above the regional groundwater table is included in the groundwater report. The effect of dewatering on the shallow groundwater should be reviewed and addressed. Groundwater discharged to the ditch will only continue for the duration of the mining operation, 15 years. No discussion of the affects to the downstream wildlife refuge after pumping has ceased is included. Is continuation of the clear cold water advantageous to the wildlife refuge considering it will be terminated 15 years in the future? Page 10. last paragraph: The FSFWS general water management plan for Blue Lake was prepared in 1988 and noted concerns over pumping operations. Were any other concerns - 4 - Shiely EAW Review STS Project 95394-N identified in this report? Were any discussions included relative to the habitat changes due to the surface water discharge to Blue Lake versus groundwater discharge that occurs naturally? The area of impact of Shiely quarry dewatering and filling of east quarry lake is shown on Figures 4 and 5 in Appendix A. The area of influence extends for a radius of more than 2 miles from the project site. No discussion is included in reference to Deans Lake, Minnesota Valley National Wildlife Refuge, and the Minnesota River. The area of influence includes both drawdown and mounding of groundwater. Page 11, second paragraph: This paragraph discusses the Savage Fen, Boiling Springs and Eagle Creek located east of the project site. Filling of east quarry lake is intended to "block" the eastern influence of dewatering. Models show that filling east quarry lake will increase water levels. No discussion of potential impacts as a result of an increase in the groundwater is included. Filling of the quarry apparently will impact the groundwater conditions in this area. To what extent will these changes impact these environmentally sensitive areas? It is assumed that an increase in water levels is acceptable. What will be the impacts which are acceptable? Does filling of the east quarry change the direction of groundwater flow? The modeling shows mounding and drawdowns. The change in groundwater configuration and flow paths are not presented. Groundwater movement will apparently change as a result of the activities proposed. 12. Physical Impacts on Water Resources: This section appears to be incomplete. No discussion is included on water surface area affected. timing and extent of fluctuations in water surface elevations, or proposed mitigation measures to minimize impacts. 13. Water Use: a. This section discusses monitoring wells which apparently will be used to monitor groundwater levels during mining operations. No discussion as to the configuration of these Shiely EAW Review STS Project 95394-N wells relative to the dewatering operation is included. The number of monitoring wells appears inadequate for monitoring the groundwater impacts daring mining operations. A monitoring program adequate to confirm computer model configurations should be included. Their location, construction and monitoring schedule should be considered. Without a monitoring plan, the true impacts to the groundwater will not be able to be confirmed or denied. b. The discussion of water appropriation assumes that the only modification would be the point of appropriation and point of discharge. The second paragraph on page 13 indicates that maximum total withdrawal may be required. This is an additional change in the permit. Page 13, first paragraph: The EAW states in this paragraph that "groundwater levels will increase significantly compared to current levels". Figure 2 of the Barr Engineering report, Appendix A, indicates that groundwater will rise 30 to 40 feet above current groundwater levels. No discussion of the impact of this "significant" groundwater increase is included. Section 16, page 14 indicates depth to groundwater of 20 to 30 feet. The magnitude of mounding indicated suggests that water table may daylight at the surface. This could result in significant impacts to the area and existing and potential developments. Groundwater withdrawal will lower the water table in unconsolidated materials. Will settlement occur due to the increased effective stress on these soils? Will settlements impact any existing structures, roads or utilities? Page 13. second paragraph: The total pumping rate without removal of infiltration will exceed the rate authorized by DNR. Pumping is expected to be 12.300 gpm versus permitted 10,000 gpm. The duration of pumping as well as mining has not been established. Pumping at the rates indicated will exceed the maximum permittable under the DNR permit. It appears to be the intent to submit a request for increase in the total water appropriation. The feasibility of obtaining this additional appropriation is not discussed. - 6 - Shiely EAW Review STS Project 95394-N Fourth paragraph: This paragraph states that infiltration and water levels in the east pit were set to "essentially eliminate" impacts to the Savage Fen and Boiling Springs. Modeling in the appendix indicates a rise in water elevations at these locations. The impact of this additional rise is not discussed. The EAW states that there will be impact in the form of a "modest increase in flow to the Boiling Springs and Eagle Creek due to the re-infiltration of pumped water". The impacts are not eliminated and no discussion of the impacts that will occur are included. In addition, other environmentally sensitive areas such as Dean's Lake and Minnesota Valley Wildlife Refuge are not discussed. Fifth paragraph: Deans Lake is a significant environmental resource. Previous studies related to the pumping of the west quarry are inappropriate to the conditions proposed. Methods of analysis, modeling and knowledge of the hydrogeology of this area has improved significantly since the 1970s and 1980s. Past information is of limited value. Models presented in the appendix show increases in the water table in excess of 5 feet in the Deans Lake area. This is in contrast to a groundwater withdrawal created by pumping of the east quarry. Impacts to Deans Lake as a result of these conditions have not been discussed and cannot be compared to previous mining operations. Page 14, first paragraph: The report Appendix A indicates costs to be $500 per year. The EAW states costs to be $200 per year. The discrepancy should be explained. Additional impacts to the water supply at city wells 4 and 5 could also occur. The groundwater flow directions and capture zone for the groundwater withdrawal will change. These wells will be within the capture zone created by the dewatering. The effect of this change on water quality is not discussed. This is a concern because of the high nitrate levels in these wells. 14. Water Related Land Use Management Districts: The project will create two lakes with shoreline. The land use planning and zoning around these water bodies has not been defined. - 7 - Shiely EAW Review STS Project 95394-N 15. Water Surface Use: Two lakes will be created as a result of this activity. Usage of these lakes has not been defined including access and water craft use. 16. Soils Approximate Depth to: No comments. 17. Erosion and Sedimentation: Page 15: The acreage identified is 64. In reality this acreage should include those areas which will be graded for the buffer zone. If the project is considered an expansion of the existing mining operation, grading should also include any required for site activities on the eastern portion of the site. No discussion of importing of materials is included in this section. It is our understanding that past practices have been to import undesirable soils and export desirable materials. Will this practice continue and be acceptable? How will soils be screened to prevent importing of undesirable or contaminated materials that have the potential for direct impact to the lakes and groundwater system? 18. Water Quality/Surface Water Runoff: Page 15: The east quarry lake is proposed to be used for settlement of discharged water. Are any permits required from the MPCA and/or watershed district for utilization of this water body for sediment control? Second paragraph: Water will discharge under Highway 101 and into Blue Lake. Is the ditch and Highway 101 culvert sized appropriately to accept the discharge quantities? Page 16. second paragraph states that groundwater would discharge to Blue Lake via the groundwater system. This discharge however would be much different in transport mechanism, discharge rate, distribution and chemistry. What impacts occur as a result of these differences? - 8 - Shiely EAW Review STS Project 95394-N Third paragraph: This paragraph suggests that discharge water from quarrying has a positive affect because it "provides an abundant supply of fresh water". This supply of water however may have impacted Blue Lake during the time that pumping of the east quarry occurred. Pumping for the west quarry will maintain approximately the same conditions, however it will cease in 15 years. The long-term impacts of ceasing the discharge to Blue Lake is not discussed. An ecosystem may have developed as a direct result of a discharge from the pumping operations. These waters will no longer be input into Blue Lake after mining operations have ceased. 19. Water Quality/Wastewater: The east quarry lake is proposed to be utilized for wash water treatment from the existing processing operation. Is discharge to east quarry lake acceptable wastewater handling practice? 20. Groundwater/Potential for Contamination: Page 17: The second paragraph states that there are "no abandoned or unused wells on the property". This is in contradiction to section 13, water use, page 12. 21. Solid Waste; Hazardous Waste; Storage Tanks: Page 18, first paragraph: Solid waste in the form of concrete, asphalt rubble and NSP bottom ash are stored adjacent to the existing east quarry. The east quarry will change configuration from point of groundwater withdrawal to a point of groundwater infiltration. East quarry lake will be in direct communication with the Groundwater system. A release of solid waste into the lake will be in communication with the groundwater system. A review of this solid waste permit in relationship to the change in the storage location adjacent to east quarry lake should occur. 22. Traffic: The traffic patterns in relationship to the intensity of mining should be reviewed. As stated earlier in this review, it appears that the intensity of mining will be approximately four times what it has been over the past 30 years. Theoretically this would result in an average traffic increase four times the average traffic over the past 30 years. This is in contrast to the EAW which states that a 50% increase in traffic would occur. This traffic - 9 - Shiely EAW Review STS Project 95394-N increase appears to be extended only out to the year 2000, approximately two years. The entire project life is estimated at 15 years. Traffic conditions over the life of the project and in relationship to the total quantity of materials to be moved should be assessed. It should also be noted that most of the increased traffic will be large trucks. 23. Vehicle Related Air Emissions: Page 19: This section states that "additional traffic will not be generated by the proposed quarrying." However, the intensity of mining over the next 15 years is four times that which has occurred over the past 30 years. Additional materials will be handled which apparently will require additional traffic. A traffic analysis in relationship to the quantity of materials to be handled over the life of the project should be completed. Vehicle related air emissions should then be assessed in relationship to the traffic requirements. 24. Stationary Source Air Emissions: No stationary air sources are anticipated. However, additional materials will be handled at a higher rate. Will additional equipment be required to handle the additional material volume? Additional equipment may require air emission permits. 25. Will the project generate dust, odors, or noise during construction and/or operation? Page 19: The second paragraph states that the magnitude of dust emissions should not change as a result of the change in quarry location. However, the intensity of mining will be significantly greater than previous conditions. Haul distance will be longer and additional vehicles will likely be required to transport the greater quantity of materials over the longer distance. No assessment of this additional dust generation as a result of the greater intensity is included in the EAW. Page 20. second paragraph, Noise: The noise assessment is based upon previous operations. It does not appear to take into consideration the proximity- of the businesses adjacent to the proposed development. For example. Conklin Chemical will be within 500 feet of quar7.-ing operations and Chemerex will be within 600 feet. - 10 - Shiely EAW Review STS Project 95394-N The EAW states that earth moving equipment will strip overburden for a period of a few weeks seasonally. Section 6 states that 200,000 to 300,000 cubic yards of overburden must be stripped each year. What is the impact and equipment requirements to move that quantity of materials over a two week period of time? Vibration: The second paragraph indicates that monitoring has occurred on the west side of the proposed quarry. No interpretation of this information was included in the EAW. Third paragraph: The analysis by Dr. Braslau predicts particle velocities of approximately 4.5 inches per second at the Conklin building. This is approximately 10 times the blasting criteria recommended by the U.S. Bureau of Mines. Recommendations for changing blast procedures were provided. However, no statement as to whether these changes would be acceptable for the mining operation. Blasting must be adjusted to reduce vibrations by an order of magnitude in an operation with an intensity four times previous intensities. The report by Dr. Dave Siskind is not included in the EAW. According to the EAW, Dr. Siskind recommends collection of data, review of equipment at nearby businesses and additional analysis to improve the reliability of predictions. Apparently, data collection has begun. However, no presentation of this information or analysis is included in the EAW. 26. Are any of the following resources on or in proximity to the site? Page 22: d. Other unique resources: No assessment for unique resources are presented. Assessment for such resources including endangered species appears appropriate. 27. Will the project create adverse visual impacts? Page 22: A more complete discussion of visual impact from the east quarry operations appears appropriate. 28. Compatibility with Plans: Page 22: The southern portion of the project area was acquired after approval of conditional use permit No. 375. Therefore, the entire project site has not been included in this permit. - 11 - Shiely EAW Review STS Project 95394-N Page 23, first paragraph: The last sentence states "Infiltration of contaminants has not been a problem during existing quarry operations at the old east quarry and there is not reason to suspect change when the proposed west quarry is begun." However, significant change will occur. The old east quarry will become east quarry lake and will be an infiltration basin for groundwater. Contaminants which enter the east quarry lake will be in direct contact with groundwater and will infiltration to the groundwater system. This is in contrast to the previous operations which was groundwater withdrawal minimizing the potential for infiltration to the groundwater system. The second paragraph is true only for the west quarry itself. The east quarry lake will be an infiltration basin which mounds groundwater. Contaminants released into the east quarry lake will infiltrate downward and radially into the groundwater system. The last sentence in the second paragraph states that "after the mining is completed, the proposed lake will ... be a groundwater discharge point ..." No information supports this statement. Typically lakes are both recharge and discharge to the groundwater system. Groundwater typically flows into a lake on the up-gradient side and discharge to the water table system at the down-gradient side. The statement that the two quarry lakes will be groundwater discharge sites has not been demonstrated. 29. Impact on Infrastructure and Public Services: No comments. 30. Related Developments; Cumulative Impacts: b. Is this project a subsequent stage of an earlier development? If yes briefly describe the past development, its timing and any past environmental review. The past environmental review has been limited. The EAW does not encompass the entire project even though this is an expansion of the existing mining operation. Mine restoration. site - 12 - Shiely EAW Review STS Project 95394-N development, east quarry lake configuration and operational activities on the east portion of the site has largely been excluded from this EAW. Page 24, second paragraph: Cumulative environmental impacts has largely been ignored in the EAW. The EAW should be completed with an understanding that this is an expansion of an existing operation. This is contrast to the approach which is presented which addresses only the portion of the site identified as the west quarry. 31. Other Potential Environmental Impacts: This section has been left blank. It is difficult to believe that there are no potential adverse environmental impacts which have not been addressed in the EAW. 32. Summary of Issues: This section has been left blank. Numerous issues remain which require further investigation. These include clarification of groundwater conditions, groundwater flow pattern, impacts of water quality on city wells, analysis of blasting and potential vibration, clarification of water appropriation permit including expansion of total groundwater withdrawals, and others not specifically identified. No discussion of alternatives or mitigation measures are presented. It would appear no consideration for alternatives have been developed. Alternatives review should be included. One option considered in the past was utilization of dewatering water as a water supply for the City of Savage. This alternative was considered in the past but rejected due to the potential impacts to Boiling Springs and Savage Fen. With infiltration in the east quarry lake, water may be available for the City of Savage. - 13 - APPENDIX A Potential Groundwater Impacts of Shiely Shakopee West Quarry This report was apparently prepared for Shiely. The scope of work appears to have been limited as indicated on page 1. Issues not included in the report include: • Discussion of the clay barrier to be added in the east quarry lake. Discussion should include configuration, constructability, physical parameters, effectiveness, potential for failure and alternatives. This issue was also not discussed in the EAW. • Identify previous modeling activities including results of the Alternative Urban Area-wide Review Process (AUARP), Alternative Water Source Study, treatment requirements for quarry dewatering water and Savage Fen management plan and summarize results. • Include a conclusions and recommendations section which discusses the results relative to the modeling and previous analyses. • Include a presentation of additional hydrogeologic parameters including piezometric surfaces, groundwater flow directions and changes in these conditions with mining operations. • Include a discussion of impacts to environmental resources including Savage Fen, Boiling Springs, Eagle Creek, Deans Lake and Minnesota Valley National Wildlife Refuge. FROM MCES (FRI) 08. 01' 97 12:53/ST. 12:52/NO. 3560910686 P 1/3 Metropolitan Council #N, 1, c2 Working for the Region, Planning for the Future August 1, 1997 Environmental Services • Post-ft'Fax Note 7671 rate 5- �► 3 Mr. Michael : opment Director To/ I C f PcL- LEEK.From ,101 /ithesitt City of Shakopee coJoePLC IN o.F ,gytifof c°.A D ect.rvci. 129 Holmes Street P'1Ofe" P"°^"6 pZ -JAS Shakopee, Minnesota 55379 Fax"46-- b7/ 9 Fax* 602__J/30 RE: Environmental Assessment Worksheet(EAW) CAMAS Minnesota, Inc., City of Shakopee Shiely Quarry Expansion Metropolitan Council District 5 Metropolitan Council Referral File No. 16525-1 Dear Mr. Leek: The Metropolitan Council (Council) staff reviewed the above-referenced EAW and submitted comments to the city on June 20, 1997. Our review at that time concluded that the EAW was complete and accurate with respect to regional concerns, raised no major issues of consistency with Council policies, and preparation of an EIS would not be necessary for regional purposes. Subsequently,Council staff have determined that the proposed project may have a potentially significant system impact upon the Council's Blue Lake Wastewater Treatment Facility(WWTF), located immediately north of the current quarry site. This potential impact was not addressed in the EAW, resulting in our modified recommendation to the City of Shakopee that the document be found incomplete with respect to its consideration of regional concerns. Of particular concern to the Council is the projected rise in Prairie du Chien Group groundwater Ievels of approximately five to twenty feet at the WWTF site (EAW Figure 2) during early west quarry development, due to introduction of dewatering pump discharge into the(abandoned) east quarry. Such a rise could have the potential for significant environmental effects, if it were to result in the interruption of operation of the WWTF. The Blue Lake WWTF is the second largest wastewater treatment facility in the metropolitan area, currently treating approximately 27 million gallons of wastewater per day. The facility's last expansion, completed in 1993,was designed to resist hydrostatic uplift to a groundwater surface elevation equivalent to the 100-year flood level of the Minnesota River, an elevation of 721.0 feet MSL. The levee around the WWTF has a surface elevation of 725.0 feet which protects it from flooding surface waters. The ground surface within the levee varies from 702.0 to 720.0 feet. When the WWTF was Iast expanded, it was determined that some of the older structures on the site could be impacted by hydrostatic pressure at the 100-year flood elevation. After reviewing several 2:30 East Fifth Street Sr. Paul. Minnesota 55101-1633 (612)222 84'23 Fax 2213-2183 'f1.)1)/TTY 229-37(30 Are Equal Oppo,(unity Empiny.-r FROM MCES (FRI) 08. 01' 9 f 12: 54/ST. 12: 52/NO. 3560910686 P 2/3 Mr. Michael Leek August 1, 1997 Page 2 alternatives to maintain groundwater levels within safe limits, the determination was made to install a four-pump dewatering system on-site. The structures of greatest concern are the tunnels between aeration tanks which have a top-of-slab elevation of 697.0 feet. Our current Department of Natural Resources(DNR) water appropriation permit does not allow activation of the dewatering system until groundwater rises above an elevation of 706.0 feet. The groundwater elevation at which the older WWTF structures can reliably sustain hydrostatic pressure without damage is currently under analysis,but is most likely between 700.0 and 706.0 feet. The Minnesota River flood events experienced during 1993 and 1997 both peaked below the projected 100-year flood frequency level,but required activation of the dewatering system. The system did not perform as well as expected and additional study is underway to look at alternatives which will provide additional protection for the structures vulnerable to high groundwater levels. We do not currently have sufficient data to determine the impact on the groundwater levels at the WWTF if the current Shiely facility pumping strategy were to be discontinued. Groundwater levels at the WWTF are influenced by both the Minnesota River, when the elevation exceeds 700.0 feet, and dewatering at the Shiely Quarry. The normal,non-flooding groundwater elevation in the vicinity of the older tunnels is 700.0 feet,with the current Shiely pumping strategy in place. An increase in groundwater level of 5 to 20 feet for an extended period of time, as projected in the EAW, would most likely result in both a need to operate the plant dewatering system continuously,regardless of the river water surface elevation, and the installation of additional structural anchors to WWTF structures to enable them to resist the increased uplift forces. Such a change in the dewatering operation would most likely necessitate a modification of the current DNR water appropriation permit. Additionally, Council staff is currently facilitating the Southwest Metro Groundwater Work Group (SMGWG) comprised of local,regional, and state units of government. The SMGWG is studying the effect of groundwater withdrawals on surface water features and groundwater sustainability in northern Scott and Dakota counties. Annual groundwater withdrawals at the Shiely Quarry exceed all of the groundwater withdrawals for municipal purposes in Scott County. The effect of existing and proposed dewatering activities at the Shiely Quarry on surface water features and groundwater levels in the study area as well as those at the Blue Lake WWTF have not been fully explored. The SMGWG is developing short-term and long-term water supply strategies, and will have recommendations for implementation by November 1997. The Council urges the City of Shakopee to begin discussion with the DNR and Shiely to strive for a balanced project which will reduce the projected potential negative effects on structures,properties, and sensitive environmental features in the vicinity of the quarry site. FROM MCES (FRI) 08. 01' 97 12:54/ST. 12: 52/NO. 3560910686 P 3/3 Mr. Michael Leek August 1, 1997 Page 3 The need to retrofit the WWTF to withstand sustained increases in hydrostatic pressures as projected in the EAW could result in a substantial new expense for all metropolitan disposal system users,over and above the expense of modifying and maintaining the current dewatering system in accord with the current Shiely facility pumping strategy. Failure to sufficiently retrofit the WWTF to accommodate resultant increases in hydrostatic pressures could potentially result in environmental impacts of metropolitan significance. The Council requests the City of Shakopee delay its decision on the need for an EIS until the potential impacts of this proposed project on the Blue Lake WWTF can be further investigated by the project proposer. No formal action will be taken by the Council on the EAW at this time. Council staff requests that a meeting be scheduled at the earliest convenience of all affected parties to evaluate the comments contained herein, and determine the scope of further study needed to mitigate potential impacts to the Blue Lake WWTF and incorporate SMG WG strategies. If you have any questions or need further information with respect to these matters,please contact James Larsen, P.E., in the Council's Environmental Planning and Evaluation Department at 602-1159. Sincerely, Helen Boyer Director, Environmental Services Division HB:jl cc: Neil Peterson, Metropolitan Council District 5 Bill Moore, General Manager, Wastewater Services Department Keith Buttleman, Director, Environmental Planning and Evaluation Department Thomas McElveen,Deputy Director,Housing Development and Implementation Carl Schenk,Metropolitan Council Sector Representative Bob Davis,Marcia Honold, James Larsen, Gary Oberts, Judy Sventek, Dil Stachour, and Lynda Voge, Council Staff CONSENT CITY OF SHAKOPEE )Y- 0. 2 . Memorandum TO: Mayor and City Council Mark McNeill, City Administrator FROM: R. Michael Leek, Community Development Director SUBJECT: Planner II Completion of Probationary Period MEETING DATE: August 5, 1997 Introduction: Julie Klima was appointed to the position of Planner II effective February 19, 1997, after having previously served as Planner I. Ms. Klima's probationary period ends on August 19, 1997. Ms. Klima continues to produce quality work for the City, and has shown a clear grasp on the additional requirements of the Planner II position. Recommendation: I recommend that the Council find that Ms. Klima has successfully completed the probationary period for Planner II, and be awarded permanent, full-time status in that position. Action Requested: Offer and approve a motion finding that Julie Klima has successfully completed the probationary period for Planner II, and awarding her permanent, full-time status in that position. a R. Michael Leek Community Development Director PROBATJK.DOC/RML 1 CONSENT CITY OF SHAKOPEE / �/ �lJ n, y. Memorandum TO: Mayor and City Council Mark McNeill, City Administrator FROM: R. Michael Leek, Community Development Director SUBJECT: Appointment -Planner II MEETING DATE: August 5, 1997 INTRODUCTION: The Council is asked to appoint Timothy Benetti to the position of Planner I effective August 11, 1997. BACKGROUND: With the appointment of Julie Klima to the Planner II position, a Planner I position opened up. The City received over 50 applications for the position, and 3 finalists were interviewed. The interview team concluded that Timothy Benetti is the best-qualified candidate for the position. Mr. Benetti holds a masters degree in public administration from the University of Nebraska at Omaha, and a Bachelor of Arts in Geography from the University of Northern Iowa at Cedar Falls. He has 4 years of planning experience with the City of Waterloo, Iowa, and 3+years experience as a right-of-way agent/negotiator with the City of Omaha Nebraska. Since moving recently to the Twin Cities area he has been employed by Ramsey County as a right-of-way agent. COMPENSATION: Mr. Benetti has been offered, and has agreed to, a starting salary of$33,179 per year (Step 1 of the Pay Plan for this position), with an increase to $34,364 (Step 2) upon successful completion of the 6-month probation period. Mr. Benetti would next be eligible for a pay increase to Step 3 on his first anniversary date, August 11, 1998. STAFF RECOMMENDATION: I recommend the appointment of Timothy Benetti to the position of Planner I effective August 11, 1997, and in accordance with the compensation outlined above. .%„0 ';• ACTION REQUESTED: The Council is asked to offer and pass a motion appointing Timothy Benetti to the position of Planner I effective August 11, 1997, at the recommended step in the Pay Plan, and in accordance with the agreement outlined above. 0 -/c. e e R. Michael Leek Community Development Director l Y. ST CITY OF SHAKOPEE Memorandum TO: Mayor and City Council Mark McNeill, City Administrator FROM: R. Michael Leek, Community Development Director SUBJECT: Purchase Agreement with Shakopee Associates, L.L.P., for MNDOT Property MEETING DATE: August 5, 1997 Introduction: Shakopee Associates, L.L.P. (Associates), wishes to acquire the excess MNDOT property adjacent to it's proposed Crossroads Center for incorporation into that project. In order to facilitate the process, Associates has asked that the City acquire the parcel from MNDOT and sell it to Associates. As with the previously proposed Centres acquisition, the City acts essentially as a pass-through. The City Attorney has drafted the attached Purchase Agreement evidencing the City's and Associate's agreement in this matter. The Agreement requires Associates to reimburse the City for it's out-of-pocket expenses, including appraisal costs. Associates has executed the Agreement and paid the required $1000.00 earnest money. Council is asked to authorize the appropriate city officials to execute the Agreement and take the necessary actions to complete the transaction. Alternatives: 1. Offer and pass a motion authorizing the appropriate city officials to execute the Agreement as presented and take the necessary actions to complete the transaction. 2. Offer and pass a motion authorizing the appropriate city officials to execute the Agreement with revisions, and take the necessary actions to complete the transaction. 3. Do not authorize execution of the Agreement. 4. Table the matter for additional information. Staff Recommendation: Staff recommends Alternative No. 1. MNDOTROW.DOC/RML 1 Action Requested: Offer and pass a motion authorizing the appropriate city officials to execute the Agreement as presented and take the necessary actions to complete the transaction. R. Michael Leek Community Development Director MNDOTROW.DOC/RML 2 PURCHASE AGREEMENT 1. PARTIES. THIS PURCHASE AGREEMENT is made as of theO day of S.: _, 1997, by and between the CITY OF SHAKOPEE, MINNESOTA, a Minnesota municipa corporation ("Seller"), and ; - . - i • . . 11 • " 1 , a Minnesota corporation ("Buyer"). S?7(-4-K°PSE it55 ciif-i Y S 4-. 2. SUBJECT PROPERTY. Seller is the owner of that certain real estate (the "Property") legally described on the attached Exhibit A. 3. OFFER/ACCEPTANCE. In consideration of the mutual agreements herein contained, Buyer offers and agrees to purchase and Seller agrees to sell and hereby grants to Buyer the exclusive right to purchase the Property and all improvements thereon. 4. CONTINGENCY/ACCEPTANCE DEADLINE. This Purchase Agreement shall be presented to Seller's city council within 30 days of the date it is submitted to Seller, fully executed by Buyer herein. This Purchase Agreement is further contingent upon Seller's ability to acquire title to the Property from the Minnesota Department of Transportation ("MNDOT") upon terms satisfactory to Seller. Seller will use its good faith efforts to so acquire title to the Property from MNDOT. 5. PERSONAL PROPERTY INCLUDED IN SALE. The following items of personal property and fixtures owned by Seller and currently located on the Property are included in this sale: None. 6. PURCHASE PRICE AND TERMS: A. PURCHASE PRICE: The purchase price to be paid to Seller by Buyer in exchange for the conveyance of the property shall be the amount paid by Seller to the MNDOT for the conveyance of the Property from MNDOT to Seller. B. TERMS: (1) Buyer agrees to pay by check on the Closing Date the full purchase price, according to the terms of this Purchase Agreement. (2) Subject to performance by Buyer, Seller agrees to execute and deliver a Quit Claim Deed conveying title to the Property to Buyer. C. BUYER'S PAYMENT OF SELLER'S COSTS: Buyer agrees to pay by check on the Closing Date all out-of-pocket expenses and costs incurred by Seller arising from the conveyance of the Property from MNDOT to Seller and from Seller to Buyer, including without limitation legal fees, administrative expenses, and engineering and survey costs. Upon execution of this Purchase Agreement, Buyer shall pay to Seller the sum of$1,000.00 as partial payment of these costs. Buyer DJG126365 SH155-37 1 acknowledges that it shall not be entitled to any refund of this payment upon termination or rescission of this Purchase Agreement, except to the extent that such payment exceeds Seller's actual costs. 7. REAL ESTATE TAXES AND SPECIAL ASSESSMENTS. A. Buyer shall pay at or prior to closing all real estate taxes due and payable in 1997 and prior years. B. Buyer shall pay at or prior to closing the balance of all special assessments levied prior to closing. C. Buyer shall assume all special assessments pending as of the date of this Purchase Agreement and all special assessments that become pending after the date of this Purchase Agreement. 8. MARKETABILITY OF TITLE. Seller makes no warranty or representation with respect to the marketability or quality of its title and is not under any obligation to furnish abstracts of title, title reports, or title insurance policies in respect of the Property. Buyer acknowledges that it has made all investigations as to title matters that it deems necessary and that, upon conveyance of the Property by MNDOT to Seller, Buyer will accept title to the Property "AS IS", with all encumbrances and defects to which the Property may be subject. 9. CLOSING DATE. The closing of the sale of the Property shall take place on or before August 8, 1997, or at such date as may be mutually agreed upon by Seller and Buyer, but in any case shall be simultaneous with Seller's acquisition of the Property from MNDOT. The closing shall take place at City Hall, 129 Holmes Street South, Shakopee, Minnesota, or such other location as mutually agreed upon by the parties. 10. CLOSING COSTS AND RELATED ITEMS. Buyer will be responsible for all closing costs, including, without limitation, deed tax and recording fees. 11. POSSESSION/CONDITION OF PROPERTY. Buyer acknowledges that Seller makes no representations or warranties as to the condition of the soils on the Property or its fitness for any purpose for which Buyer may make use of the Property. Buyer agrees that it will indemnify, defend, and hold harmless Seller and its governing body members, officers, and employees, from any claims or actions arising out of the presence, if any, of hazardous wastes or pollutants on the Property. Seller shall deliver possession of the Property to Buyer immediately upon closing. Seller shall have no responsibility for removing any personal property from the Property or for undertaking any other action whatsoever with regard to the condition of the Property. 12. INSPECTION OF PROPERTY. Contingent upon approval by MNDOT, Buyer may, within ten days of execution of this Purchase Agreement, conduct any inspections of the Property it deems necessary. If, subsequent to an inspection undertaken pursuant to this Paragraph 12, Buyer determines that the Property is unsuitable for the uses intended by Buyer, Buyer may DJG126365 SH155-37 2 rescind this Purchase Agreement, but only if Buyer provides notice to Seller of Buyer's intention by rescind within twenty days of execution of this Purchase Agreement. In the event of such rescission, the Earnest Money shall be refunded to Buyer. 13. DISCLOSURE; INDIVIDUAL SEWAGE TREATMENT SYSTEM. Seller discloses that there IS NOT an individual sewage treatment system on or serving the Property. 14. WELL DISCLOSURE. Seller certifies that Seller does not know of any wells on the Property. 15. NO BROKER INVOLVED. Seller and Buyer represent and warrant to each other that there is no broker involved in this transaction with whom they have negotiated or to whom they have agreed to pay a broker commission. Buyer agrees to indemnify Seller for any and all claims for brokerage commissions or finders' fees in connection with negotiations for purchase of the Property arising out of any alleged agreement or commitment or negotiation by Buyer, and Seller agrees to indemnify Buyer for any and all claims for brokerage commissions or finders' fees in connection with negotiations for purchase of the Property arising out of any alleged agreement or commitment or negotiation by Seller. 16. NO MERGER OF REPRESENTATIONS, WARRANTIES. All representations and warranties contained in this Purchase Agreement shall not be merged into any instruments or conveyance delivered at Closing, and the parties shall be bound accordingly. 17. ENTIRE AGREEMENT; AMENDMENTS. This Purchase Agreement constitutes the entire agreement between the parties, and no other agreement prior to this Purchase Agreement or contemporaneous herewith shall be effective except as expressly set forth or incorporated herein. Any purported amendment shall not be effective unless it shall be set forth in writing and executed by both parties or their respective successors or assigns. 18. BINDING EFFECT; ASSIGNMENT. Buyer agrees and acknowledges that except for any willful misrepresentation or any willful or wanton misconduct or negligence of the following named parties, Buyer shall protect, defend, and indemnify Seller and the governing body members, officers, agents, servants and employees thereof, now or forever, and further agrees to hold the aforesaid harmless from any claim, demand, suit, action or other proceeding whatsoever by any person or entity whatsoever arising or purportedly arising from this Purchase Agreement, or the transactions contemplated hereby; provided, however, that nothing in this Purchase Agreement shall be construed to waive any limitations on liability to which Seller is entitled under Minnesota Statutes, Chapter 466 or otherwise; All covenants, stipulations, promises, agreements and obligations of Seller contained herein shall be deemed to be the covenants, stipulations, promises, agreements and obligations of Seller and not of any governing body member, officer, agent, servant or employee of Seller in the individual capacity thereof. 19. BINDING EFFECT; ASSIGNMENT. This Purchase Agreement shall be binding upon and inure to the benefit of the parties and their respective heirs, executors, administrators, DJG126365 SH155-37 successors and assigns. Buyer shall not assign its rights and interest hereunder without notice to and written consent by Seller. Seller hereby consents to an assignment by Buyer to Shakopee Associates, LLP., whose partners are Scott Ericson and Gerald Shaughnessy. 20. NOTICE. Any notice, demand, request or other communication which may or shall be given or served by the parties shall be deemed to have been given or served on the date the same is deposited in the United States Mail, registered or certified, postage prepaid and addressed as follows: a. If to Seller: 129 Holmes Street South Shakopee, Minnesota 55379 Attn: City Administrator b. If to Buyer: c/o Scott Ericson 5928 Walnut Drive Edina, Minnesota 55436 21. SPECIFIC PERFORMANCE. This Purchase Agreement may be specifically enforced by the parties, provided that any action for specific enforcement is brought within six months after the date of the alleged breach. This Paragraph 21 is not intended to create an exclusive remedy for breach of this agreement; the parties reserve all other remedies available at law or in equity. DJG126365 4 SH155-37 IN WITNESS WHEREOF, the City and Midwest have caused this Agreement to be duly executed by their duly authorized representatives as of the date first above written. CITY OF SHAKOPEE, MINNESOTA By Its Mayor By Its City Administrator By Its City Clerk STATE OF MINNESOTA ) ) SS. COUNTY OF ) The foregoing instrument was acknowledged before me this day of , 1997 by , ,and ,the Mayor, City Administrator, and City Clerk of the City of Shakopee, Minnesota, on behalf of the City. Notary Public DJG126365 SH155-37 5 jff,+re/K /05.0`t•--i- -s� L. �� 1\4IG7,-- f ♦ ♦ 0 A 1 - . i = . - . COMPANY By //t'r—t Its President STATE OF MINNESOTA ) ) SS. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this 30 day of July, 1997 by Scott Ericson, the President of Midwest Commercial Development Company, a Minnesota corporation, on behalf of the corporation. /-X M-4A) Notary Pu ■ -!^ ` LAURENE D. UHLER 1,7": NOTARY PUBLIC-MINNESOTA A DAKOTA COUNTY /4Commlulon Explras Jan.31,2000 r x THIS INSTRUMENT WAS DRAFTED BY: Kennedy & Graven, Chartered (DJG) 470 Pillsbury Center Minneapolis, MN 55402 (612) 337-9300 DJG126365 SH155-37 6 CITY OF SHAKOPEE I �• 5. / Memorandum TO: Mayor and City Council FROM: Mark McNeill, City Administrator SUBJECT: Murphy's Landing Contribution DATE: July 31, 1997 INTRODUCTION: At its meeting of August 5th,the City Council will be asked to consider a five year commitment totaling $25,000 to assist Murphy's Landing in the construction of improvements. BACKGROUND: At the last City Council meeting, Council gave approval to a local match to assist the application of Murphy's Landing for Federal ISTEA grant monies to renovate Murphy's Inn. As part of the local match,the construction of a boat landing was included. Murphy's Landing officials approached the Lower Minnesota WMO the night following the City Council action, requesting $125,000 for the boat landing. Because of the size of their organization's budget, the LMWMO was able to approve $75,000, which is still a generous donation. Murphy's Landing City Council Liaison Clete Link has asked that action be placed on the August 5th agenda for further consideration by the City Council. What is being proposed is that the City assist in making up the short fall by agreeing to contribute $5,000 annually for the next five years. Expenditure of this money would not begin until late 1999. The U.S. Fish and Wildlife Service and City of Eden Prairie are also being approached for assistance in making up the other portion of the shortfall. It should be noted that all of these monies are contingent upon favorably response to the grant application, expected by January, 1998. If the ISTEA grant is not forthcoming, local match dollars will not be needed. BUDGET IMPACT: The $5,000 a year would begin in FY 98, and could be built into the operating budget. RECOMMENDATION: I recommend that, if the City Council wishes to assist Murphy's Landing in meeting the shortfall, it designate $5,000 annually from the General Operating Budget be provided for that purpose. ACTION REQUIRED: If the Council concurs, it should, by motion, direct the City of Shakopee make an additional commitment of$25,000 over the next five years to Murphy's Landing, relating to the ISTEA grant. pt,tkefLuudLLLt Mark McNeill City Administrator MM:tw J J . E. CITY OF SHAKOPEE Memorandum TO: Mayor and City Council FROM: Mark McNeill, City Administrator SUBJECT: Cable Corporation/Commission Membership Revocation DATE: July 31, 1997 INTRODUCTION: At the meeting of August 5th,the City Council will be asked to consider whether to remove Don McNeil from membership on the Shakopee Community Access Corporation Board of Directors, and Cable Communications Advisory Commission. BACKGROUND: Members of boards and commissions are appointed by the Mayor and Council, and serve at their pleasure. Don McNeil was appointed to serve both on the Cable Communications Advisory Commission, and Shakopee Community Access Corporation Board of Directors in 1996. A question has been raised by members of the Council as to whether Mr. McNeil continues to hold the confidence of the majority of the City Council to serve in these volunteer positions. Mayor Henderson has asked that this be placed on the agenda to discuss at the meeting of August 5th. If the Council wishes, a motion could be made to go into closed session to evaluate Mr. McNeil's performance. However, if Mr. McNeil requests that it remain open, such evaluation would need to be done in open session. Any action to remove would need to take place in open session. ACTION REQUIRED: The Council should act on the issue of whether it wants to have Don McNeil remain in his volunteer capacity, serving on the Shakopee Community Access Corporation Board of Directors, and Cable Communications Advisory Commission. If it does not, a motion to remove would need to be made, and direct that written notice of said action be sent to the Board/Commission Chair or Secretary, as appropriate. 2 kL L Mark McNeill City Administrator MM:tw / LA �= August 4, 1997 Mark McNeill,City Administrator City of Shakopee 129 So_Holmes St. Shakopee,MN 55379-1351 Dear Murk; Thank you for notifying me of my option to be present were the City Council'to decide on a closed session to discuss my performance while serving on the Shakopee Community Access Corporation Board of Directors and Cable Communications Advisory Commission. At this point, I simply want to get this over with and go on with other things. I do,however, believe that the public airing of sill of the negativity that surrounds this issue displays prejudice toward me and casts a shadow over the city as to the manner in which it deals with people who don't "march to the beat of your drum." I have had people come up to me and ask "Why are they doing this to you?" Through bringing this matter public,neither the City Council nor the Cable Board have made a secret of their desire to remove me. That is their choice..,.but to air the degradation of my reputation publicly, I feel is extremely inappropriate and unnecessary. I use as an example,Paul Ryan's public reading of the letter he sent to board members regarding my suspension from the studio and his perceptions of my behavior. The members were very well aware of the content and the issue prior to the meeting since Mr. Ryan had contacted each of them personally. The public is not aware of alt the circumstances that surround the disagreements between Mr. Ryan end myself and thus draw.their own conclusions. This type of activity affects citizen attitude toward city government far more than it affects me personally. I firmly believe that my fate with the Cable Board was sealed quite some time ago. This was apparent in Councilmen Sweeney and Zorn's comments as well as your own in the private meeting that was accidentally aired. I must ask you frankly,Mark, had you been on the receiving end of that conversation, would you have been willing to open yourself to further humiliation and intimidation by participating in further discussions being aware that outcomes had already been determined? It's time for the City Council to do whatever they are going to do regarding this matter! I want to reinforce that I intend to remain an active member of this community and will continue my commitment to making Shakopee Cable Access a meaningflml means of communication for our community rather than focusing as a public entity providing financial means to a private business. I look forward to working with(inure city administrations to this end. Sincer aky ilir Don McNeil Chairperson,Cable Access Corporation/Advisory Commission IO- d U ' O''J GU bnH H! 03 ]3d0' CONSENT CITY OF SHAKOPEE Memorandum l g• 5 , TO: Mayor and Council Mark McNeill, City Administrator FROM: Gregg Voxland, Finance Director SUBJ: Resolution No. 4709 Correcting Special Assessments DATE: July 28, 1997 Introduction Council action is needed to correct a calculation error on an assessment roll . Background There was an incorrect data element entered in the assessment roll calculations for the hospital water main assessments . Parcel 27-908036-0 was over assessed for the trunk watermain portion only. The proposed resolution corrects the principal amount . The interest will be adjusted with the payable 1998 certification on the tax rolls . Action Offer Resolution No. 4709 A Resolution Amending Resolution No. 4540 A Resolution Adopting Assessments For St . Francis Regional Medical Center Sanitary Sewer and Trunk Watermain Project No. 1995-2, and move its adoption. Gregg41 i gg Voxland Finance Director I:\finance\docs\gregg\hospres I RESOLUTION NO. 4709 A RESOLUTION AMENDING RESOLUTION NO. 4540, A RESOLUTION ADOPTING ASSESSMENTS FOR ST. FRANCIS REGIONAL MEDICAL CENTER SANITARY SEWER AND TRUNK WATERMAIN PROJECT NO. 1995-2 Whereas, the Shakopee City Council did adopt Resolution Number 4540 on October 15, 1996, and Whereas, there has been determined to be a error in one portion of the assessment roll, NOW THEREFORE BE IT RESOLVED by the City Council of the City of Shakopee, that the trunk water charge assessment for parcel 27-908036-0 is hereby reduced from $4, 286 . 24 to $1, 602 . 00 . Adopted in session of the City Council of the City of Shakopee, Minnesota, held the day of August, 1997 . Mayor of the City of Shakopee ATTEST: Approved as to form City Clerk City Attorney CONSENT CITY OF SHAKOPEE Memorandum TO: Mayor and Council Mark McNeill, City Administrator FROM: Gregg Voxland, Finance Director SUBJ: Defeasance of 1993B Improvement Bonds DATE: July 31, 1997 Introduction Council is requested to authorize the defeasance of the 1993B Improvement bonds . Background The 1993B Improvement bonds were issued in 1993 and mature in 2005 . The current amount outstanding is $1, 110, 000 . Due to substantial prepayments of assessments, the city is short only about $162, 500 in being able to set up an escrow account and defease (pay off) the bonds . The cost of an escrow account would be about $2 , 000 and be offset by future administrative cost savings . The $163 , 000 needed could come from the General Fund fund balance (currently has large balance) or from the Capital Improvement Fund (CIF would "buy" the assessments from the debt service fund for this bond issue) . There is about $200, 000 in future assessment collections. Advantages to the city are a cleaner balance sheet because the defeased bonds do not show on the financial statements and no future administrative costs or effort . There is no advantage to keeping the money with the city because this issue is subject to arbitrage calculation/rebate on interest earning above the bond interest rate. Alternatives 1 . Status Quo. 2 . Defease using General Fund monies . 3 . Defease using Capital Improvement Fund. ,�., if. Recommendation The recommendation is to proceed with the defeasance . Using the General Fund monies would somewhat reduce the large fund balance. Using the CIF would have zero effect on the CIF in the long run because any left over monies in a debt service fund have traditionally gone into the CIF. Action Move to authorize the proper officials to execute the necessary documents to defeasance the 1993B Improvement Bonds and to use General Fund monies to make up any cash shortfall for the escrow account . Z regg ,, oxland Finance Director I:\finance\docs\gregg\93Bddef /I/ E CITY OF SHAKOPEE Memorandum TO: Mayor and City Council FROM: Mark McNeill, City Administrator SUBJECT: Asbestos Ceiling Tile Removal DATE: July 28, 1997 INTRODUCTION: The Council is asked to approve a proposal from EnviroBate Metro for the removal of asbestos- containing ceiling tiles in the basement of the City Hall building. BACKGROUND: Previously, Council approved the solicitation of quotes for the removal of asbestos ceiling tile in the northern one-half of the City Hall basement level. The need to remove the tiles was brought about by the impending remodeling of the community room for use by the Scott Joint Prosecution Association. The Council agreed to testing,to include the rest of the basement of City Hall to confirm the presence of asbestos in the tiles that were not removed during the 1992 building remodeling. A sketch showing the area to be removed is attached. Legend Environmental was the consultant hired to do the testing. They also included in their proposal services the drawing up of technical specifications for the removal, and to also monitor removal activities for compliance with EPA Standards. Legend contacted three known providers of asbestos abatement services. On Friday,July 25th, three quotes were received and opened. They were: EnviroBate Metro - Minneapolis $8,400.00 Vruno and Williams - White Bear Lake $13,231.00 RenTec Services,Inc. - Forest Lake $11,600.00 The low quote therefore, is that of EnviroBate Metro. SCHEDULING: EnviroBate estimates three days to do the work. They anticipate starting Monday,August 11th. The first day and one-half would be spent sealing the area to be removed. The actual removal would come about Tuesday afternoon, which should be finished by Wednesday, August 13th. For two full days (Tuesday and Wednesday),the HVAC unit serving the basement would need to be shut down. This will also impact the outer offices of the first floor and first floor lobby, in addition to the basement. During that time, Legend will monitor air in the building to make certain that there is no leakage of asbestos fibres into occupied portions of the building. It should be noted that EPA standards for asbestos removal are stringent. BUDGET IMPACT: The low quote of$8,400.00 is less than one-half the initial estimate of$18,400.00. Funding for this was to come from City Hall contingency. One thing which I neglected to provide for in earlier discussion was replacement ceiling tile. To be fair,that should be a City cost, rather than that of the SJPA. In addition to the SJPA area, the removal also affects the storage area currently occupied by Parks and Recreation, and the lower level lobby area. The total square footage of ceiling tiles to be replaced is 2,800 sq. feet; using an estimated $1.25 per square foot for replacement,the total cost would be $ 3,500. The lower than anticipated cost for the removal provides for sufficient monies for the replacement. I did discuss with the architect the possibility of using City forces (i.e. ,Public Works employees)to do the ceiling tile replacement, at least in the two non-SJPA areas. After some investigation, I recommend against this, as the type of tile needed to match the other tile in the downstairs is known as a"tegular" tile, meaning that the grid is recessed from the surface of the tile. Cutting to fit odd locations is more difficult; when combined with the number of holes that would need to be cut for recessed can lighting in the lobby area,my recommendation is that this be done by professionals as part of the SJPA contract. Because this would have to be specified in the contract,there would be an additional architectural cost, which JEA Architects estimates at between$200 and $400, depending upon actual time spent. Therefore, the replacement of the ceiling tile should be done as part of the contract with the SJPA remodeling, with the City to reimburse the SJPA for that portion. The architectural cost would be billed separately to the City. Finally, Legend Technical Services needs to perform air quality monitoring for the days of the work. This would be at $375/day ($1025 for the anticipated 3 days). RECOMMENDATION: I recommend that the Council accept the proposal of EnviroBate for removal, authorize the architect to include replacement tile work in the SJPA remodeling contract, and authorize Legend to do air monitory. ACTION REQUIRED: If the Council concurs, it should, by motion: 1. Accept the proposal of EnviroBate Metro for ceiling tile removal in the amount of$8,400.00. 2. Direct the necessary ceiling tile replacement work to be incorporated into the SJPA contract. 3. Authorize payment for actual time spent for added architectural services to JEA Architects for the ceiling tile replacement. 4. Authorize Legend Technical Services to do air monitoring for$375.00/day. Mark McNeill City Administrator MM:tw r� VI a w p r- 1 W cn > 4 d a 2 Ad 8 m P d m o AC O ° ' Op4O Ag ; ? p go � . G. ^ g0 = � m 1 `�° er vn a ro yr E. dr, o � Ae a til r 0... c q' a O 1-3 R $ g• _ '13. 5 74 CO K.4:-,. m' p C� c '� e Q fD g P. trJ a n �, A CC a tm fD IU Cr. red a c@G a � c m ix 4 on ril oo A E » �, I @ to . a 4 D A • m twi 1-3 A ° y X ti Z H c m os z n o a O r z h — O m 9 m A o O ] m z r a H 'ti i` n o t-" tii C) til i z = 1 A z cn '' � � o- > n r $ 2 rnxsm i / O A O TIZxi` O 33 O R -- O 1�1� a e8J m ak--7 all .:.....;.i.:::::...*:&,11,:nott3 II! p.�. 2 . , .. . .k: 2 i. :> 3,..... �'Ey�" � K.1 Y� � Y' CX \' A � �.Yfa kt3 �9 . ..........„,.„...,.. ,. . .. ... .. . . .. .....,...,..,.„,..,.. . ...,. .............. .. , ...„....,..„,........ ... „ . .....„: „.,„,,,.....„.„.„... lii 1.,..2. • .. , . .. . , ....,. ...................., . .. ,......,.,. .. .. . .... ... ... ,... .....................,,,. ....„,...„ , . . . . . ,., .,. . .. . . . . . . . . ....„ .. .....,„...„. wy ti 8 r y4 a R y y � 4 � t a 0 5 em < . •.. . .. � a ? 'h `��r € Sx Jt`I : 00 . 1.4 }‘I .) : ': .'l, : . : . ' : ' . .. '',:' .. . .. '.' 2. S:''',‘.''::::',:':"?'i 1 0 R O r SECTION 00305 PROPOSAL FORM CITY OF SHAKOPEE SHAKOPEE CITY HALL BASEMENT ASBESTOS CEILING PANEL ABATEMENT Submitted by(name): EnviroBate Metro Address: 3301 East 26th Street City, State,Zip: Minneapolis, MN 55406 Phone: (612) 729-1080 BID PROPOSAL DEADLINE: July 25, 1997, 1:00 p.m., C.D.T. Submit sealed proposals to: CITY OF SHAKOPEE A 1T'hNTION: MARK McNEILL CITY ADMINISTRATOR 129 HOLMES STREET SOUTH SHAKOPEE,MN 55379 The undersigned has carefully examined the project site locations, quantities, existing conditions, and the contract documents including instructions to bidders,the proposal form, general, supplement, and special conditions,# 0 , dated NA , in accordance with the provision thereof,hereby propose to furnish all labor,material,and equipment to complete all the work in accordance to the contract documents. The contractor understands that in signing this bid,he/she waives all right to plead any misunderstanding regarding the contract work. BASE BID: Includes removal of all asbestos containing ceiling panels from Work Area#1 as shown on the plans and described in the specifications dated July 17, 1997. Our lump sum bid for the complete asbestos removal in Work Area#1 is: Eight Thousand Four Hundred and no/100 Dollars $ 8,400.00 AGREEMENT The bidder agrees this bid shall be good and may not be withdrawn for sixty (60) days after the schedule time and date for receiving bids. The bidder understands the owner reserves the right to accept or reject any or all bids or alternates and to waive informalities in bids received and minor discrepancies in bidding procedures. Page 1 of 2 SECTION 00305 PROPOSAL FORM The bidder agrees, if awarded the contract, to enter into a contract with the owner on the terms stated in the bid and to execute the agreements within ten (10) calendar days, and will furnish a satisfactory performance and payment bond, after receipt of the proposed agreement form. If contractor does not enter into a contract, or does not meet contract requirements the amount of the bid security shall be forfeited to the owner, not as a penalty, but as liquidated damages. Asbestos contractor to file permits for abatement upon award confirmation of project acceptance. (Contract agreements shall be completed prior to work start-up). Notifications are to be completed and submitted by July 28, 1997. Respectfully submitted, NAME Fnvi roBate Metro (Correct and full name of firm) ADDRESS 3301 East 26th Street Minneapolis, MN 55406 PHONE# (612) 729-1080 CONTACT PERSON (PRINT) 1 1 %<<.+� k'Q.''Q U— SIGNATURE -___ tr BY jam` -.eS TITLE President Affix corporate seal if a corporation. END OF SECTION 00305 Page 2 of 2 AUG-01-1997 09:45 FROM Legend Technical Services TO 4456718 P.02 LEGEND• TECHNICAL SERVICES, INC. August 1, 1997 Mr. Mark McNeil City Administrator 129 Holmes Street South Shakopee, MN 55379 RE: Proposal/Cost Estimate Asbestos On-Site Monitoring Shakopee City Hall Dear Ms. McNeil: LEGEND TECHNICAL SERVICES, INC. (LEGEND) is pleased to provide this proposal for services related to the above mentioned project. 1.0 SCQPE Of WORK The Scope of work we propose to perform is as follows: 1.2 Collect and review contractor pre-duction, work in progress, and post submittals. 1.3 Provide On-Site Industrial Hygiene Services during abatement including onsite laboratory,sample analysis, and quality control (QC) visual. An industrial hygiene technician with field laboratory equipment will monitor the air quality and contractor work practice compliance with specified procedures during the course of the abatement The technician will analyze air samples on-sue in accordance with NIOSH 7400A phase contrast methods. The field technician will be under the direct supervision of a project manager who is either an industrial hygienist or certified industrial hygienist. The field technician will be equipped with a cellular phone for communication purposes. The technician will also be provided with his or her own respiratory protection equipment. The field technician duties will include preparation of a daily site log which will include the following: phase of project - crew size engineering controls locations and results of air sampling data • other pertinent sampling including bulks, other air quality monitoring, pressure monitoring, etc. safety equipment including respiratory protection problems occurring and their resolution • deviations from specified procedures and rationale for deviations INDOOR ENVIRONMENTAL QUALITY AND LABORATORY SERVICES 775 Vandatfa Street St.Paul,MN 55114 "An Equal Opportunity Employer" tel 612-642.1150 fax 612.642.1239 AUG-01-1997 09:46 FROM Legend Technical Services TO 4456718 P.03 The field tician will also maintain airtoring data including: - equipment calibration records - air sample iocations - air sample durations - analysis data - calculated fiber levels • type of sample (clearance, preliminary, outside,etc.) - any irregularities occurring with the sample (dust overload, filter ripped, etc.) 1.4 Final Reporting A final report will be prepared including copies of selected contractor submittals, a description of asbestos removed,and asbestos still remaining in areas. 2.0 CLIENT REOUIREMENTS The Client will provide the following services and/or items: The building owner will provide a space for set up of a field laboratory. Minimum requirements include desk top/table within a clean, smokeless office-type environment. This may be located either in a different portion of the building where the work is occurring or an adjacent building. 3.0 METSODOLQC�Y Final clearance samples are collected using high flow pumps with collection flow rates of approximately 10 to 16 liters per minute. Final clearance samples are collected under aggressive conditions using a 1 HP leaf blower. Samples outside the enclosure are collected with either high - flow pumps or personal pumps. Interior enclosure samples are collected using personal sampling pumps• 4.0 FEE SCHEDULE The fees to perform the air monitoring will be based on a per day rate of $373.00Jdav which includes technician time,sampling media and analysis,and expenses. If the work requires the full five days allotted, the total fees would be S1.875.OQ. 5.0 ACCEPTANCE Please indicate your acceptance of this proposal and the attached general conditions by signing below and returning one copy to us. If there are any questions, please feel free to call us at 6121642-1150. C dully Keith Giorgi Project Manager Page 2 014 AUG-01-1997 09:46 FROM Legend Technical Services TO 4456718 P.04 ACCEPTED BY; Name Title Date Page 3 of 4 AUG-01-1997 09:45 FROM Legend Technical Services TO 4456718 P.05 GENERAL CONDITIONS SECTION I:PROJECT iNIORMATiON 1.1 Qigt wail edit wad*fa L EGEND's logien ail boson idoraroon t aha baa NANGof blrhdt dtsaact 4f L D4D. )i the Orem to!aniseed LEGEND**seniles a a diad par pony ape treirirmt ti er gfiromena each Nqa dr raoiNgle+t be psd foembeetling,fret not haled a fr Coma.dr Cam o dab Eon nick did piny a provision Offaro g LEGEND'S seniors lo a thin parry idsnmwiea den limos.twsasswe mg pMgwa op homedows Sc paweiraly beardws srbsaroa. Clan will by eferri L the ditty Nal Natio from arch Rive day a Pavilion affording LEGEND ad LEGEND"+ bees fir ly ram*a LEGEND soy ant adoemiften Mwdt beacons waable at it.is contaleap.Marr Sr egl$dis the maawalondf this sal de paadeig psneaasb- IIIIMMINfteet g.4 AR hod shora&actor fie Chien ees►pyiaer of LEGEND dol las.by eider Pufy moan dee oder 1.2 ChM Woo a laden...rdialk taiasnoe at tiNorsd by LEGEND 1a Sr perfsrmare of the for bah of this Apeman of ay apolmdal b it.or failure a aceta%in remdnce with Ow apolieMie lereieND orb press a without day or irerkiver and.what required by LEGEND.so pant*a npreemmtive ward War.or tact stetoaapoly brut WOO moa breach or teach'Mum Mall to Men after two yoga in NOW ennieaa do de paadat. If do enicelay to be palmated terpin die paeeer of LEGEND INNO neo mar M 0 nam dig tide Or daimon Meow or should have known at its claim.sod woke oro citcodwa+ares ao lir.drat ME provide a niprese trive as to sir to lapewiee or cuotiiaae the resist,why expired be owl et inning or Nor year"tare poled from the We as which LEGEND am6aatidfy tosoist a its LEGEND.aim 24 hours idler. Upon hgacu of LEGEND Client t aces to month aaiubk woit mace ad lions cervices or horn dee dot which LEGEND'S toners as swainaed.whichever is Mier. add pones to the building alms otherwise area Won. 15 LEGEND will hit be reaporwbie for wry hos or Igbrhly arising flan iaglileive by Clem.t]ear's 1.3 LEGEND will rot to liable for any adrim polgmnae.or dsixion hand on ay inoWrpe Inlorawioa elrplsys gcc aerie Faber.LEGEND wilt not be re410atbit lar std.ramimea or de fandre Of any parks falnifwt by Client M deers aimed by or to die Client.ad Client will idrnnely LEGEND*ante liability involuted in dot design or of any einuanor or subcooreaaa on!le iftOydat to potline aror lamins in Mina Our am adr.r401ta'0 to by faced information. aeierdaa with aarrurriw adaw Caethure in any eonapmderee of WW1tetOmmmdapn wed pr SECTIONS:SITE ACCESS LEGEND. 2.1 Gert will pedarfltomf bey for LEGEND peamie ad tgagnwd SECTION fe INSURANCE 2.2 WMlt LEGEND will dr MOewato areal leore atmaaar Oa damp at ifopeI)'.it is didBnood 9.1 1 EG ND welt any worker's mdtpMNdaa immix and public bodily es crepe se darege nnAerat dos pad i rowed aos of she ro.iatd maw hoapc may door.The weranion of St ams is ds Am o naM)iny policies which MEND onside s atbpmap.Ca!aadaws of kerma win**maw to Chea upon robot. of So Cam. SECTION l0 TERMINATION SECTION 3i SAMPLES 10.1 TMs Agraorx owe be le aired by eider puny upon omen(7)yaw's waren Nine if tree n larvamen or spafaeas iray be aoudad or a rte dly shad Oat Nang.LEGEND.M be sole dna retia. urreantia hare by the ode pony a peflonat. Termination wilt not be~et d et if mama)mane is amp Row of ay mottiam reidor.wan aaaaa 5 ar are earrom irmadiarh upon a amettiw Of m a ft0awt teethed before=piano der Of uviol(7)des. Wen aeaaa+woa.LEGEND will be paid ler alma 3.1 NONHAZARDOUS:LEGEND aymaw. thaire...MtaplpapsnsrariadaiaramarasraN peafansdathe dam ofternameioa.shatreaataelekneiawiom chapGEldpsRralmlaiaisnat LEGEND wpm At LEG ND•soption.orneonNilaaofdapCleaa aaspblome aid4kno toSectionS. taeidatg. �2 is orae ereM died fi0a a req LEGEND within maty Nth dam blowing Imgce dlgt.LEGEND may mob alma will a dapped.s Client's dnpMre.to antirabies ade n&or LEGEND maw tem Arra mead easier at aeras a sa8masial tram to swami mit Agrernme and all dupe and Itabraiies of LEGEND arta dirge ddetaon Oar oils r add LEGEND haedaa for Osage or by as eery reran or media star doh AZaaeara Spaaerel. thews soma. 10.3 11 dors Apomase as MOWN With to owepkam of all mar o0otemplad by this Amara ora.or 31 T HAZARDOUS:Cher issmash*for am Mtlattos or psarhWb impeded for one dorm abbe())Medd.LEGEND may complete aapiyan and aeserds as are neurons to tests moserisapothetwoms whim we rear em a morn Ike radio(suborned oro LEGEND. Swear tripler is files and map also dweplew a upon Oa the>evicla performer tcmmimtion en'aspersion 1Mmioea. reinvest. snwwaseed or theennpad a mufdaag sag' basardous or peri* rmardwN moose will Mel dryad costs of coaapile%calyses.mono.rupee.and motet oases,µ. arrei4Wablls,Re will ramie me property of dm Chorea eke will k may is amps els reepaamat for heir SECTION II: ASSIGNS AND TNIRD•PARTY BENEFICIARIES peeper divined. All ants aNOediod with ale rsrpert and deposal of aid taaglef are dw COWS Hasse ibilip. 11.1 Nara pay nay align dais or interim woes this ARnernent widow de written down of rte other SECTION 4:FSE PAYMENT aro- 4.1 LEGEND will submit invoices to Chen Manby.add a fay iaraoe upon co pledien of sernom. MT TiN Apwaam ghee no rights or benefits ra agree 001e,than the Chew as LEGEND ulna this 4Invoices*It Mew chargee tend en a omelet LEGEND fee radar or oder wad par bits. Ageeeent orae ns ddN-puny b naris ins. Patna is Ore won neaps of invoice. Chat egress to say hdede Oh unpaid invoice alma a SECTION 12 AMENDMENTS lam St 1.3$per modal or et mama allowed by low.beginning ding(30)days Won Man eye. 12.1 This Ap eenwnt may le awadd only by a wriuen emmmiamuu agree by both Chem and LEGEND 4.3 Cleo will redly LEGEND,ie ogling widen fifteen(15)drys from de inroite*di of are NNW SECTION 13:DELAYS AND UNFORESEEN OCCURRENCES elms-garden.or dimaremena with ewe Woke,idea so nonfood invoices as chorea avidt.China is 13.1 If LEGEND Is plead is serfsmmsae the to Mnvnwenccs beyond its minim!irwrpena.ban on liming reepoarile for ammo of oil wawa on lin dammr. LEGEND are dean wilt Sdikdy poem atobioat of day W.strike.fin.riot.at of Gad.yeetri mental anion.anion of a third pony.or amino of inaction of Dien, IMM Client dlgn a be imams, Sr time tot pupmmcnet sal It tatended by a period aqua 10 the cwt lit by Maw Or the delay. If ale SECTION 3: OWNERSHIP OP DOCUMENTS AND USE Of LEGEND REPORT delpy is dared by Cies.LEGEND will be entitled a payment for tie nSIOnable additional Noma the to S.1 Ali alawaasprepared by LEGEND as tulPerems of rains wet Malin as property of LEGEND. delay. 3.2 Chea agrees that all mom'Adler ether was bmmrdad le Clem or is Nas.*aide we no,aid 13.2 If daring Sao piRermtaie of services.any unaemc oma Anesdovs di meet Or awnidaens Or dor for,odd bererued 100demeld and well foe be OM by Dien for any pupas whomever. theorem sandbars or oormaues.are eecoatend which in LEGEND'S sok judgmrrs,day eipaifm amar 3.3 Wont uiaeneagmsd.LEGEND will Mala alt gv(ir/W reads eanaraitg=mass perfomwd for rasa dr renter.Or aids awobid In Nadia Of aireg=Of the dose of.Ile surras.LEGEND will ager a period of ewe )yeas aterO Or repro is as drug tae dor.de rasa will be mak wkisbk to diem dvrneg with awn to nous the nape of slurp.ars Provide an mare of"Strang Naas*imclade paraian IEOBND's aaawaa 10µ1)s1 are ad total Is a reaeoble cheap. at 5.4 Eatrpn as rimy odiendie to Provided int an ateched or in ',totality rLEWoman Nrwei lensowes.men revisionie to t in wining riandm siacillned by y L LEGEND for Corldhdsrr.Chen may os dee LEGEND mit Paapa=a any Addendum a Comer ;aeoaPoaaiam retell:Or LEGEND will eemimae the heevias rmyatwe on the dee _ daleiat t rr t. aaoo.p in saes.Ciba W M ort Mkt dlaelohnre others of ayes at may make es of the ease Apert MON to ten . write;in which event Clint slats ore}LEGEND for ttniws penmrgcs to taw dye of seetoitermon.plus m pardons of a repot teremwnmg apt anon der eairc rtpOri. esasaabk termination manses, 7Pe nom and ay meted asasrens will w a is arc on imaged or annioamt to be editable for adore by Client SECtiON la: MANAGEMENT AND SAFETY RESPONSIBILITY o dmltrr5 for eaMtlioa of the paoisct or to ay ether Midi puepear. LEGEND is not re penaible for dna 14.)LEGEND sill perfects prdtbyiaal services in accordance midi vroHnn and prettier within me Maility aYapdetmen by others of els infonmaici developed. ad it Ma heads Oaf/M towtnted.downed.gemmed.or" 3.3 The repent Med any relaid doorman are me.be tate for any amdewap or advertising propose SECTION 13: SEYERABILITY monied m be responsible for safely w iter utr *dal the arm prier writes Mmes and spwrove of LEGEND- 13.1 If any thenar of this Atal add is held to be taatormabte all ranaini are provolone dna confirm in SECTION 1 DISPUTES face. 6.1 Clime will pe st fasora0lepOneiao or xipion opera Priam moneys fes LEGEND pars SECTION Id: ENTIRE AGREEMENT lea oolaeaa s ay debarment aoada Okra Own adorn tilt Agfdemai In addiion.Client dptl pay Mara pmt III This.Owit and attached scope of work document epaerenta the ennrt AFrtt/f.bmt,ruen that Nlre vs moot 1.311 pet month,or the maxima afipoed by taw.on We pail Oar baisken aro supersedes all prior aplancriins ec nescwmems. 6.2 If Sit Clea anima a clam wenn LEGEND.re law or dwewise.turas is iamuod,Of which Diet Ism to pave.or ptgmpa h mantaisay et Pant or ardeed for LEGEND.CRM era pay LEGEND for are aaSNOekse.is imag assay he.open Maas foes ad woad teas. to dura Clem dam pig linea at de Ms of 1.3%irf mesh.or dye maaraoe showed by low.on ay mot dot barons. SECTION 7:PROFESSIONAL STANDARD AND WARRANTY 7.1 LEGEND arias eel be pelnmed with doe beet or are aad skill otdiaslly error by mamba of the ps*Won alacasy practicing under Amine candid=imbeds.,bus on limbed to.time sad brdprafy msema is. No oder wanly.(pals or implied,a nude.meths a may Or pstiriafy otherwise mead ha this Agrsanent 7.2 If May thine to meet Otis aadard appear warm our(I)year emu completion of the limits, • LEGEND will re-perform me servals a its own raper:. This is Me sok obligation of LEGEND and Mr wale Maddy N Cheat- 4.) Client tswpies dot autuelbk baa conditions day coy tion dose acwany etwormened in surreys . or saplings aid Om information ad roatrotrondasiOra devoped by LEGEND ore band solely en the Imboation • available to LEGEND-Oen nether recopnius out even mote ivngrgteaµa sanding and ening pogrom pefeolned in=edam wed■prOfeatiOne aardard N we may fait a detect tonin conditions bream they ate bidden. swoop,/is iNDEMMRCATLON AND UMITATION OF LABILITY LI Crews Wale.comet to de eiders LEGEND is found to be a butt_to assume entire responsibility sod lilbliOr lit are damn or iMiry aµh coos.whether aie,lea of Clea or chiwiac.at to all(=petty.acing nor ot.mote*from Mit are marmot CSVvid with thr mama of the smear provided for In an Apteamnt or eceann5 or wooing rem the tea by Oieer.Dime germ.wrilopess or tmumm ms.N maomaa.puipawm. MOO lam LIMN/D.or oho deeoroodm Or oder piapiniy.whether me sane be anted D LEGEND.Chien or dad pads.dime further WIN.eaeepa to os tegeit LEGEND is found to be s taut,to idaenmify.drferd ad sot banks LEGEND.in pros Md employees from ail ado mans imus lees tees and msMcsnnens pod or aura:10 tame the pavisiom of t Is parpraph. Clint further awn to other.amain and OW for ash i nese a coverage as will idwe the provisions of des pwprwwh. 12 Election 7.2 des on appy.Clerk hereby Ogres dm a doe ram relent cammeted by law. =WW1 awl!reek a Dire for air ad are mjvaic.claims.bees.expenses.or danger nitatthrint.arising Ode or in any my raked to die mat or da Apeement.tram aY cake or Caine.iatiodieg but nm NNW a. Cheat milker ax.coots.omia iatd.With liability.brach of awaraea,or ermeel or warranty,did not tatted the awl compositional.,married by LEGEND wrier ani A5m c.nem. 1.7 la NO trent,wheeler Mild 011 aoadact.indemnity,waarstay.an(including neolyeam).stria liability or °the *malt LEGEND.is...,l ea,or moans be Mable for special.imcidawi.am6araty of co leder Wa draapo.iotkading.tot not aria to.tom of grams Or serve.list of sur of any property.eco of caplet.Open of subrmreammeted.farm*4r Wein**waunw sad,oc 0004 Owatonna.na.aeons.lentos.or lowaads o(Datc ter lark Menages. The Clad a Syr aaslm ret tame peaioed by law Adentailks LEGEND mains any rpt slim from Oknt'tQlAOaG,.0051.lea a,or invitees bow*µsed ward on anted regligatee.strict TOTAL P.05 CITY OF SHAKOPEE / ( • E, v Memorandum TO: Mayor and City Council FROM: Mark McNeill, City Administrator co4salli SUBJECT: Public Works Labor Contract DATE: July 31, 1997 INTRODUCTION: The Council is asked to ratify a two year contract with Teamsters Local 320 (Public Works). Also to be considered is a"Memo of Understanding" for specific non-contract items. BACKGROUND: The City has been negotiating for the renewal of a contract with the Public Works Union which expired December 31, 1996. The changes to the contract that have been ratified by the bargaining unit are as follows: 1. Adds 2.5%to wages for 1997, 1998, and adopts the pay plan as approved by the City Council in April of this year. Depending on the specific employee,the wage increase is either placed on the employee's base wage,paid as a lump sum, or a combination thereof. 2. Formalizes regular work schedules being from 6:00 AM to 2:00 PM between Memorial Day and Labor Day, and 6:30 AM to 2:30 PM the remainder of the year. 3. Allows overtime to be offered to seasonal employees only if full time employees do not want it, and allows an additional accumulation of comp time during snow removal season. 4. Adds"recall"for laid off employees as being subject to seniority. 5. Establishes quarterly safety meetings. 6. Increases insurance contributions to be consistent with that of non-contract employees. 7. Formalizes past practice for payment when employees are required to work on holidays, so that they are paid or receive time and one-half,plus their normal regular rate of pay for the holiday. 1 4 44 C 8. Incorporates past practice into the contract to allow employees who have accumulated more than 960 hours of sick leave to convert that to vacation (3 hours of sick leave to be converted to 1 hour of vacation). 9. Adds a lump sum retirement pay for long term employees who have served 25 years or more. 10. Provides for the City to pay the difference between a standard drivers license, and required CDL drivers license with endorsement. BUDGET IMPACT: Funding for the changes negotiated are included in the 1997 budget, either as contingency or in the Public Works operating budget. RECOMMENDATION: I recommend that the contract be ratified as negotiated, and direct the appropriate City parties to sign the"Memorandum of Understanding". ACTION REQUIRED: If the Council concurs, it should, by motion,ratify a contract with Minnesota Teamsters Local 320 (Public Works)to begin January 1, 1997,through December 31. 1998,. and further direct the appropriate City parties to sign the"Memorandum of Understanding". Uva YUP kt Mark McNeill City Administrator MM:tw SHAKOPEE July 29, 1997 Janet Straub, Business Agent Local 320 3001 University Ave. S.E. • Minneapolis, MN 55414 RE: Letter of Understanding The previous contractual consideration of$.125 and$.15 per hour for maintenance workers and mechanics, respectively, for heavy equipment operation, is no longer treated separately in the 1997-1998 Union contract. This is factored into the base pay. In addition, instead of the $.50 and$.60 per hour performance pay for certain bargaining unit members, all unit members receive $.41 per hour, also incorporated into the base pay. The total compensation for 1997 has been determined by taking the 1996 pay rate, plus $.125 (or $.15 per hour for Mechanics), plus a 2.5% cost of living adjustment. The $.41 per hour has been added to that figure for the total 1997 proposed rate. To incorporate the new pay plan adopted by Council on April 15, 1997,Public Works employees have initially been placed between steps at the adjusted rate of pay, until their anniversary date, when they would then be moved to the next higher step. The six maintenance workers who are currently at their top step will receive $16.004 per hour for 1997. This is above the maximum step (step 8) of$15.334 per hour. In 1998, so that the pay scale can catch-up to those employees at the top step, those employees would continue to receive $16.004 per hour, and will receive a 2.5%increase for 1998 totally as a lump sum ($832.21). The other steps would be increased by 2.5%, and will be received by those employees not at their top step. COMMUNITY PRIDE SINCE 1857 129 Holme,Street South- Shakopee,Minnesota 55379-1351 - 612-445-365U FAX 612-445-6718 Lump sum payments shall be made on June 30 for 1998, and upon execution of this contract for 1997. The two lead workers will be increased to step 6 ($16.46 per hour for 1997) effective July 1, 1997. This date would become their new anniversary date. FOR THE CITY OF SHAKOPEE MINNESOTA TEAMSTERS PUBLIC AND LAW ENFORCEMENT EMPLOYEES UNION, LOCAL 320 Mayor Union Steward City Administrator Union Steward City Clerk Local 320 Representative COMS6K) CITY OF SHAKOPEE Memorandum 14/ E. 6 . bb TO: Mayor and City Council FROM: Mark McNeill, City Administrator SUBJECT: Police Union Contract DATE: July 31, 1997 INTRODUCTION: The Council is asked to ratify a contract with Local 320 (Police) for 1997 and 1998. BACKGROUND: Over the past several months,the City and representatives of the local bargaining unit for the police officers have been in negotiation to establish a contract to replace a two year contract which expired at the end of 1996. The Police Union has given approval to the contract,which has the following as major changes: 1. Agrees to a 2.5%cost of living increase for 1997, and again in 1998. 2. Adds a lump sum severance plan for employees who have been with the City for more than 25 years. 3. Increases the minimum"call back"to return to work from 2 hours,to 3 hours' pay. 4. Increases uniform allowance by $25 for each of the two years, from the existing $450. 5. Increases hourly premium pay (paid to senior officers when no command staff is on duty) from the existing$.88 per hour,to $1.10 for 1997 and$1.20 for 1998. 6. Increases the City contribution to insurance premiums for police officers to be the same as that of non-contract City employees. 7. Pays officers acting as Field Training Officers one hour of comp time or pay for each shift worked as an FTO. 8. Formalizes the practice that any officer leaving the City's employment receives holiday pay on a pro-rated basis. BUDGET IMPACT: The 1997 budget has included sufficient funds to accommodate these changes, either under the contingency,or in the police operating budget. RECOMMENDATION: I believe that neither side got exactly what it wanted; in my experience, a compromise usually means that it is a fair settlement. For that reason, I recommend that Council ratify the proposed contract. ACTION REQUIRED: If the Council concurs, it should, by motion, approve a two year contract with Minnesota Teamsters Local 320 (Police) from January 1, 1997,through December 31, 1998. lett 0SLI c& Mark McNeill City Administrator MM:tw 1% E, ) TO: Mark McNeill, City Administrator FROM: Gregg Voxland, Finance Director CONSENT SUBJ: 1998 Assessing Contract DATE: July 30, 1997 Introduction Council approval for an assessing agreement with Scott County for 1998 is requested. Background Attached is the proposed assessment agreement for 1998 . The amount is increased from $40, 700 to $44, 100 for 1997 . The number of parcels in Shakopee was 5, 685 last year and 6, 305 this year. This is a 2 . 396 decrease in the per parcel cost . Also authorized by the Legislature this year is the option to transfer Board of Review duties and powers to the county Board of Equalization. The transfer can be permanent or for a specified number of years . There is a three year minimum for the transfer. Action Move to authorize the proper city officials to execute the assessment agreement with Scott County for the 1998 assessment year in the amount of $44, 100 . Discuss and give staff direction on the transfer of powers and duties of the Board of Review. v 1 Gregg Vox and Finance Director is\finance\docs\gregg\assess98 SCOTT COUNTY ASSESSOR COURTHOUSE 112 . 6 428 HOLMES STREET SOUTH SHAKOPEE, MN 55379-1381 (612) 496-8115 GARY L. CUNNINGHAM Fax: (612) 496-8257 COUNTY ADMINISTRATOR LEROY T. ARNOLDI ASSESSOR July 29, 1997 Mark McNeil, Administrator City of Shakopee 129 S Holmes Street Shakopee, MN 55379 Dear Mark; Enclosed you will find one original document of the Agreement for Joint Assessment for the assessment year 1998. Please read and sign in the appropriate area on the second page. Return to the Scott County Assessor's office by October 15, 1997, so that we may pass the agreement to the County Board for approval. We will send you a copy of the agreement after all signatures have been obtained. In addition, as part of the 1997 Omnibus Tax Bill, CHAPTER 231, ARTICLE 2(H.F.2163: 1997 Omnibus Tax Bill) Section 23-, the town board of any town or the governing body of any city is allowed to transfer its Board of Review powers and duties to the County Board of Equalization and no longer function as the Local Board of Review. A transfer of duties must be communicated in writing to the assessor before December 1 of any year to be effective for the following year's assessment. The transfer may be permanent or for a specified number of years, but the transfer cannot be for less than three years. A town or city may renew its option to transfer. This option to transfer duties is only available to a town or city for which assessments are performed by the county. If I can be of any assistance relative to this new legislation, feel free to call. Sincerely, Leroy T. Arnoldi Scott County Assessor LTA/dh ENC./1 An Equal Oppor[unit}/Safely Aware Employer AGREEMENT FOR JOINT ASSESSMENT BETWEEN THE CITY OF SHAKOPEE AND THE COUNTY OF SCOTT THIS AGREEMENT is made and entered into by and between the City of Shakopee and the County of Scott, State of Minnesota, pursuant to Minnesota Statute 273.072 and Minnesota Statute 471.59. WHEREAS, the City of Shakopee wishes to enter into an agreement with the County of Scott to provide for the assessment of the property in said City of Shakopee by the County Assessor's office; and WHEREAS, it is the wish of said County to cooperate with said City of Shakopee to provide for a fair and equitable assessment of property; NOW THEREFORE, IN CONSIDERATION OF THE MUTUAL COVENANTS HEREIN CONTAINED, IT IS AGREED AS FOLLOWS: 1. That the City of Shakopee which lies within the County of Scott and constitutes a separate assessment district, shall have its property assessed by the County Assessor of Scott County, for the assessment year 1998. All work done necessary to the establishment of the estimated market value for each parcel shall be performed by the Scott County Assessor or by one or more of the licensed assessors under his direction and supervision. 2. It is hereby agreed that the City of Shakopee and all of its officers, agents, and employees shall render full cooperation and assistance to said County to facilitate the provision of the services contemplated hereby. 3. In consideration for said assessment services, the City of Shakopee hereby agrees to pay the County of Scott the sum of$44,100.00, such payment to be made to the County Treasurer on or before July 15, 1998. 4. The County agrees that in each year of this Agreement it shall, by its County Assessor or one or more of his appraisers, view and determine the market value of at least twenty-five percent (25%) of the parcels within this taxing jurisdiction. It is further agreed that the County shall have on file documentation of those parcels physically inspected for each year of this agreement. 5. It is understood by the parties that, pursuant to Minnesota Statute 273.072, this Agreement for Joint Assessment must be approved by the Commissioner of Revenue, State of Minnesota. 6. The assessor shall submit a written annual report to the city council at the time of the Board of Review but no later than the submission of the proposed contract for the following year. Such report shall include data for the concluding year and the previous year showing the number of parcels in the city, the number of parcels physically visited by assessing personnel during the contract year, the number of appeals of valuations-and any comments the assessor may wish to convey to council relating to the work effort put forth. IN WITNESS WHEREOF, the City of Shakopee has executed this agreement by its Mayor and City Administrator by the authority of its governing body and the County of Scott has executed this agreement by its Chairperson, County Administrator, and County Assessor pursuant to the authority of the Board of Commissioners intending to be bound thereby. City of Shakopee: Mayor Date City Administrator Date City Clerk (if applicable) Date County of Scott: Chairperson Date County Board of Commissioners County Administrator Date Leroy T. Arnoldi, Date County Assessor This agreement is hereby approved by the Commissioner of Revenue, State of Minnesota on this day of , 19 . Commissioner of Revenue, State of Minnesota Approved as to form: Susan K. McNellis, Assistant County Attorney CITY OF SHAKOPEE / I• E. P Memorandum TO: Mayor and City Council FROM: Mark McNeill, City Administrator SUBJECT: Sentence to Service DATE: August 1, 1997 INTRODUCTION: The Council is asked to consider a two year participation in the Scott County Sentence to Service Program. BACKGROUND: Attached is a letter from David P. Loftness, Director of Scott County Court Services. Court Services coordinates the Sentence to Service Program. The Sentence to Service Program allows non-violent convicted offenders the opportunity to reduce their jail time by doing court supervised work programs. The City is eligible to use work crews on an available basis. The type of work to be done is not that which otherwise would be done by City employees, but there are often projects which go undone would it not be for the sentence to service opportunities. BUDGET IMPACT: The cost for the City for two years would be $3,658, assuming all current participants renew. However, as of July 31st, only the City of Prior Lake had committed to the program. If there are fewer participating cities then last year, the price may go up. The first half of the payment would not be due until January 1, 1998, and therefore could be budgeted in next years' operating budget. RECOMMENDATION: Shakopee has used Sentence to Service Programs in the past, but probably not as fully as it might. I believe that this is a worthwhile program, and would therefore recommend that the City participate. If approved, a joint powers agreement similar to that entered into the City for the current period would be forwarded to the County at a future time. That would be placed on a future City Council agenda,probably as a"consent"item, unless there are changes. However, at this time, the County needs to determine who is interested. ACTION REQUIRED: If the Council wishes to participate in the Sentence to Service Program, it should, by motion, direct the City Administrator to reply that the City is interested. 4 )/14,A),,,.&/ Mark McNeill City Administrator MM:tw SCOTT COUNTY 4 , COURT SERVICES COURTHOUSE 207 428 HOLMES STREET SOUTH SHAKOPEE, MN 55379-1397 DAVID P. LOFTNESS (612)496-8260 COURT SERVICES DIRECTOR Fax: (612)496-8469 June 18, 1997 Mark McNeill City Administrator Shakopee City Hall 129 Holmes St. South Shakopee, MN 55379 Dear Mr. McNeill: I am writing to invite the City of Shakopee to once again participate in the Scott County Sentence to Service Program. If your city decides to participate, we will once again ask for a Joint Powers Agreement. The program will continue as it has in years past with adult and juvenile offenders working under the supervision of crew leaders. The biennial contract towards expenses has been equally shared with the participating cities. If the same cities continue in the program partnership, we anticipate the cost for each city for the two year contract to be $$3,658.00. This covers the time from July 1, 1997 through June 30, 1999. We also wish to continue the practice of an annual payment schedule. If you wish to discuss this or any elements of the program, please feel free to contact me. We will welcome any ideas or suggestions you may have based on past experience. We look forward to hearing from you with hope that we can continue to build on our past success. Yours tru y, in (7/ David P.'Loftness Director DPL/et c: Ron Solheid, DOC Supervisor Therese McCoy, Court Services Supervisor File An Equal Opportunih/Salm Altaic Employer