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05/09/1995
TENTATIVE AGENDA BOARD OF REVIEW REGULAR SESSION SHAKOPEE, MINNESOTA MAY 9, 1995 LOCATION: City Hall, 129 Holmes Street South 1) Roll Call at 7:00 p.m. by Robert Sweeney, 1994 Chairman 2] Election of Chairman 3] Purpose of the Board of Review by Bob Schmitt 4] Summary of the 1995 Assessments for Shakopee by Bob Schmitt 5] Comments from members of the audience in order from sign up sheet 6] Adjourn to Tuesday, May 23rd, 1995. Dennis R. Kraft City Administrator SUMMARY OF THE 1995 ASSESSMENT FOR THE CITY OF SHAKOPEE TO: THE 1995 SHAKOPEE BOARD OF REVIEW DATE: MAY 9 , 1995 7 : 00 P.M. LOCATION: SHAKOPEE CITY HALL FROM: ROBERT N SCHMITT, DEPUTY SCOTT COUNTY ASSESSOR The field work for the 1995 assessment for the City of Shakopee was begun in July of 1994 and completed in February of 1995 . This process involved the inspection of approximately 600 properties which had new construction during 1994 . It involved the inspection of 127 properties which were in a partial stage of completion on January 2, 1994 . Finally, it involved the inspection of one quarter of the city' s properties for the 25% reassessment which is required by state law. The area inspected for the 25% reassessment was the southeast portion of the city bounded on the north by 3rd Avenue, on the south by 11th Avenue, on the west by Dakota Street and on the east by Jasper Road. State law requires that property be assessed at market value. The State Board of Review will accept no less than a sales ratio of between 90% and 105% for all types of property in a taxing district. This ratio being the median ratio. If this ratio is not met, a State ordered increase will be placed on the taxing district for the particular class of property for all property of that type within the taxing district. In the City of Shakopee, the median ratio for residential property going into the 1995 assessment was 85 . 05% In order to attain the necessary 90% to 105% ratio required by the State Board of Review, it was necessary to place an increase on the residential properties of 6% The actual increases applied to the City for this assessment ranged from 6% to 20% depending upon what was needed to bring the estimated market value to both the level necessary and also to assure that values were uniform when comparing similar properties. Industrial land values were also adjusted to reflect market sales . These figures were checked for validity with professionals in the field of industrial realty in the Shakopee area. Other taxing districts in Scott County also received valuation increases . These ranged from .5% to 20% on residential property, 10% on commercial property, and 10% on agricultural tillable land. Respectfully submitted, Ro rt N. Schmitt Deputy County Assessor TEL: Jan 30.95 12:29 No .003 P.03 Property Tax Division Mail Station 3340 Phone: (612)296-0185 St. Paul, MN 55I46-3340 Fax: (612)297-2166 TDD: (612)282-2095 August 3, 1994 To: All County Assessors Enclosed with this letter is a summary of the 1994 State Board of Equalization orders and a page showing the 1993 statewide assessment/sales ration for the various categories of property. Thanks for a job well done! • For the 1995 assessment, the State Board of Equalization will again be seeking a level of assessment between 90 and 105 percent of market value for all categories of property. Please pay special attention to resorts and farmland since we will carefully review these categories because they fell below 90 percent on a statewide basis for 1993 study. If you need assistance in establishing agricultural values for the 1995 assessment,please contact your regional representative. Again, thanks and keep up the good work! Best regards, Michael P.Wandmacher, Director Property Tax Division mb • Enclosures May 4, 1995 George Realander 206 Main Street Shakopee, Minnesota 55379 City of Shakopee 129 South Holmes Shakopee, Minnesota 55379 BEI Notice of Estimated Market Value for 19962 0018400 Property identifications R ? N i of 6 & 7, Blk 167 assessed value of appeal of 1996 please be advised letter as notificationAlso this need residential homestead. sopt as notice of Please accept above•refere ending this written req on Tuesday, of that by appellate procedure I am s of Review meeting by p personally at the Board appeal. I cannot appearat Shakopee City Hall at 7100 p.m. questions or comments. May 9th, '',,��11 r762 to handle any 4 3l I can be�reache� 612w�i*'�'5- ! Ge ore • : ,lane cc File County Assessor CITY OF SHAIOPEE MAY 5 1995 5/y/g5 A'. , , C4 2a,1 122 bn, AL AG,. ALL 55570 a' rias ' •71, Ap bea✓L J L 9 quo/mu: �-GqIUk C M) • ivof 57$ 52700182 60, I 5 55 7 108, 5tatap, a,t t . il, , ' CI t Li ral, a, 5!.'. ,, , I (p_aA, .., Gin, p . , Jii • . . )7" • . am, . .• iitk0 4r6, a, KLQ, P'. , (10,000, ainct , • I . PJ a, 4 $80,000. 55 AGG41 31 , • D2, Itai • •. , , S '. 'tto tam �, ualua, on a, $80 000. aAAA✓J • UU,CAL V aN l Y Ico, (012) 228--7288 CITY OF SHAKOPEE MAY 8 1995 t111EUIV MAY 9 1995 ECEIVE ,d;,-14-47 ✓tip x+-r��/ .�Z� � :tyZ /I/� e'1'' -- /3"7 g,sr-f . iv re J pfr7e 4!"7.1 sOt_ . 1 oma- -c . /.. /l Y � — � / 3, 9, /9P5 tf?'-o,Pfr /9 9G _ r7.0\ ..,1•7•*-111 &",/ / 66;74- et& // 0-z7-11 ."/ ,F-1= m•-w-as<- L . .,�.L ek., .e;_a#T-e e-ey÷.4 (4A-c„-vtaf ft-K-k-r-e , =-.--..e" „de, /-,,,,-4 ,/,,6,,,4 ,,,,..,„, . „....---7,--a...;, ,..,.., ,-,--„,„.r.-„,,,.,: ,,, ,,,,,,..:,,e e .„--le-Z % .‘.4,rt -,c-'t _ "-zz- ,e-7- 4./t;-t, fffe ,/,''v-r7474- 17/( 1)-4-i-e, --- -r--,-1 . 71-..t,c -7,-, e,D-,--,fi, '',e) 74- C---e,-.7-v4-- _ aitiz. �s ,...'r`ei, ,_.,e_i.. .ice --'/ev 7a- ff-Cl -e-e ,-L4,' C't-<, ' : i _,/-c^-711--; ,^%- lei--L-Z___ .,-- .-r Z�i`"l 052----0--2--e401 oL_ /v2 1 .� -4 frkL,:- .--t- -L-,-'- -e-e—` z.- ,-az-w.76 ,/,e, -i-e-e,e-,-,L1 re --.-e .-,-,,,Z e,)„,_,:,4 je-,..,,,,,‹ , „liz /yyuf-I yam Gc-r-`C ,--/'u' � . ,.7(7Z a--7--( ,-Z-4 ..,---pe---,--a-e--2 ,c-e-r-t-e-. e=erV, -,- ipi;, c tz, ;r4/ vvL,- - ii _t -041 Cr[ 'Zvi-tr/u`--� a-4- a-e-a /1' ,, ;,, , -n , ....CA/ 0.- e,,,_./.4., .-1L7-,-,- v a ,/,‘,,,i4, (,7 _ Z-.,,-, (e-..,,, ..,- c_el- ....7-rete. ) .% 4.' --1--c-r-C -, -1--Ce"7,0'c Zc--i .tom .. y UteT7J 7e1-1--P ' ,_...-e4A-e i .-2-2-'), ..-1-17,r'-.7 ,ti"-z-",..4_, -,z-,--,,e'--,-7--e"..---1.4-4-4 '. vel �'. - _,--Z4. - bie. -i&M 7-- � o� ffl-v-z-e /- 6--:,,-�,- "1- --l°'Ark-ALJ -t -, !`^-L/:,--/ 1! G,.S-,-, ' ,L YIL '‘ ( c' -I.,' 0-.-L F-/W/44-- `4 G20--, o`i9, e v J, / i i ... , SESSIJF; ' S OFL 10E: sNOTICE OF YOUR PROPERTY'S F-r E:::::;CIRTED FIR r •-r::E...A''; :; t• is 1-101...M E3 3T1 IS p,�e ESTIMATED MARKET VALUE t.!::3 r�i:'IST Ai F PA I P �ar:;OPEE i iL'', 5537'5, AND PROPERTY CLASS r'L:f:i•E I.•s 1!. I �,. .- FOR PROPERTY TAXES SHAI<OPEE MN •i " � YOU WILL PAY IN: i 9 State law requires all property owners to be notified of any changes in their market value or property class. have a question regarding this notice,you may contact the county assessor's office at r, d{',-••:=:.E 1 I.`j Many times,questions or concerns can be satisfactorily addressed in advance of local board tgs.Please note:This preliminary review is provided as a service to property owners,It is not a formal part of the review process provided for by law and it does not take the place of the local board of review or any other appeala pro. IPERTY IDENTIFICATION P 270012120 PROPERTY CLASS TY OF SHAFT::1:1PEF RES HST'D T-005 )r L_O:lCk:•-027 2. 3 4. 5. 6. 'IMATED MARKET VALUE GREEN ACRE VALUE PLAT DEFERMENT LIMITED MARKET VALUE EXEMPTION FOR CERTAIN IMPROVEMENTS TAXABLE VALUI I ,1:301.% 72,800 7'. The value in Box 6 Is the amount that will be used to determine your property tax bill. Y OR TOWN BOARD OF REVIEW MEETING: T! MAY 9. 1995 7:00 P.M. :_;E1r1V'-uPEE c:I TY HALL 129 4-HOL._ME:S Si 5 JNTY BOARD OF EQUALIZATION MEETING: JUNE 20, 199E5 9:00 AM c:I:IUNTY c•:01.I :THUUSE CAL.L_ FOR APPT. 612-496-8115 PROPERTY OWNERS: : .s•���r AmE. F~ I_I I'IDI,,I1..1 i`s T �. ! 4 3 7 3RD AVE E .' r }-I F:.t F'EE M1'4 5i537.? l-'rtUPtN I Y ULAJJ 'sc—v•--rrw r' • 7p,:: 'tit-u• r r1."=,rP-7 LOT-005 BLOCK-027 ' ` 1a a • Iiri NEW IMPROVEMENTS -',i , �' ESTIMATED MARKET VALUE = e' . 43!?Pt TAXABLE MARKET VALUEX41 it 43y c pD (13.)SPECIAL ASSESSMENTS CODE AMOUI` ii 1995 JAMES F LINDQUIST 437 3RD AVE E SHAKOPEE MN 55379 INT. PRIN. 1. Use this amount on Form M-1 PR to see if you're eligible for a property tax refund 670. File by August 15. If box is checked,you owe delinquent taxes and are not eligible 2. Use this amount for the special property tax refund on schedule 1 of Form M-1 PR 60 YOUR PROPERTY TAX AND HOW IT IS REDUCED BY THE STATE PAYABLE 1994 PAYABLE 1995 3. Your property tax before reduction by state-paid aids and credits 1 ,6 r 1 ,903 4. Aid paid by the State of Minnesota to reduce your property tax a 34.8. 5. A.Homestead and Agricultural credit paid by the State of Minnesota to reduce your property tax - 785. ! '1,� � B.Other credits paid by the State of Minnesota to reduce your property tax • 6. Your property tax after reduction by state-paid aids and credits $s , e "3 '" 670. WHERE YOUR PROPERTY TAX DOLLARS GO n 7. County 220 8. City or town `2-,',,,, i:, 1 10'' Q Rrhnnl rfietrirtO72O A Fxrnoa lnvv rnfnrnnda tax ,'°r' 'Y, , :moi .r46,. Richard & Ann Mulcrone 1401 Wood Duck Trail Shakopee, MN 55379 May 9, 1995 City of Shakopee 129 Holmes Street South Shakopee, MN 55379 Pursuant to the property tax notification and the instructions, we are writing this letter of protest in order to preserve our right of appeal to the board of equalization. We are interested in how the city comes up with the increase in value. What information is used? We are also interested in knowing how the assessor adjusts comparative home values in the neighborhood. Because of a previous commitment we are unable to attend the review meeting this evening. We are sending this letter with a representative. Sincerely, Richard & ann Mulcrone. TT * P!Oi` E R Civil Engineers • Land Planners • Land Surveyors • Landscape Architects engineering T- November 15, 1994 Ms. Linda Petrill 527 Mint Circle Shakopee, Minnesota 55379 RE: Meadows 4th Addition Lot 1, Block 5 Dear Ms. Petrill: I recently received a letter written by Mr. ipurrh er on youreibehalf regarding a would drainage easement problem on your lot. We woffered to like to clarify the compromise solutiO� oe�2�ddifferentls lutions to yoou.:to correct the problem. We had proposed tw Option 1 A new easement agreement could be prepared, granting a drainage easement on your lott t o the existing 784.1 elevation. The area oflthis additionalieasemeniswould be emertxarw 60' X 7c' . You would retain tithe easement area, with the city having the teright amount ofnS2S500a00awould,be19iven for easement. A compensation of money in th the easement. Option 2 Fill could be placed on your lot to raise thhf areareal of otheblot outside ofwthed existing drainage easement to an elevation then be topsoiled and sodded in accordance wwith h theroriginal gradingplan maintenance requirements of 4 inches of topsoil. of the sod. Enclosed is a sketch showing the proposed grades- Iimusccpsst ointo ouythat aartiming to complete this work is critical. Curren Y the cost to through adjacent undevelopincproperty. significantlYacwhichlwillsresult in our correct your problem will ease withdrawing des le . Due to the this year. WWse the proceedars andsiolveg skely thatl . sod coulde be placed this problem. Please signify your acceptance of Option 1 or Option 2 by this letter. 914 • Fax 2422 Enterprise5Highay Drive • MendotaN.E. • B aine1Minnesota 55434 ts, Minnesota •5(6 2)783 1880 1 Fax 783-1883 681-9488 625 Highway 10 E. Ms. Linda Petrill Meadows 4th Addition L1/B5 November 15, 1994 Page 2 Ifou have any questions or require additional information, please call. Y Sincerely, PIONEER ENGINEERING, P.A. A4,19 Paul J. Cherne, P.E. (Option 1 or 2). I accept your offer of Signed cc: Dennis Kraft, City of Shakopee Dave Nummer, City of Shakopee Karen Marty, City of Shakopee Wayne Fleck, Gold Nugget Development, Inc. I * * 2422 Enterprise Drive* PIONEER Mendota Heights,MN 55120 �suwvc�owa•crvrt,tnw+wcc�a *engineering-. L"11O""""c"'•`""O"Mc ARCHITECTS (612) 681.1914 Certificate of Survey for: b'IOVA K - FLECk' -.< - OPTION 2 NoRTN a — °12.4 • ,6 (? '.° S4s � • kV \ � �� Z:L. S. '1�6 V / ` \ e / / m-fc.....›.,--- -.-- N._ 788.2 - \ \ 2 111.L; \ t'').,' >4.0. \0. 7 . evr• .e d,9 / 1.47 , ' 4079 • \ 1 `/� 6jK',r� � r Zs / � t `y I mss. 1 C'" o /I Iti i 1:° d 0 Z 0 c' .. • L, 1` i r � CI i r • 1. /0 .kx• / �' i 1 �� Jo 3'D.p ,., 4d';3 e b / r'i -.k% i8l.'►c. /9i;, r / 1 1 1bi.3‘S7o' ` � t N \ • ...1 isfin Elevaf ion E E EVATI N goo.o Denofes ex Lowes F oor E eva ton 1 83.44o tt.o_Denofes prof ed Elevvt'�on Top orBlock Elevation �9= Den o te9 Drv�na � Uti 1 r'� EaSemen� Gara e Slab Elevation �9 _.--t-- Denotes Orcrin Flow Arrows a Denores Ot�'scf flub o Denotes monument Subject' to Easements or Record . 8earin�s shown are assumed J . L0T L iLCk 5 THE M EAvo ISS 471; ADDITION /� CoUN rJ CO T , Ty,MINNE50TA me or under my direct superyislon end that I am duly Registered Land Surveyor t hereby certify that this survey,plan or report wespre�ared by A.D.19 (/a 1 • under the laws of the State of Minnesota.Dated this ay of . "✓:41/z4/,r />",e- e,./: 11-7•//// Aon .��✓. aci-L. 4QfW / r t . Scale : 1 n nEr1T n.ctt<tc:tt t..s.nro No. 14a91 2422 Enterprise Drive � :PIO* NEERDSURVICTons•civ't.E"GI""� Mendota Heights.MN 55120 engineering.. LANO""""`"'•LANDSCAPE ARCHITECTS (612) 681.1914 * ** Certificate of Survey for: ► r OVA K FLEc_g - - - � OPTION 1 NoRTN a -----� :` / ".5. 778 B e 7 v \ \ •• •. `fit, 1 �.63 ! \ . -. / / 11`1 P . t 1 1 c . V �� aZs,I /our t\ 1 Jt o I r � Q A l sob ° y i }1e `9 ii O rq r �. /t4 s>>3 / y ` J5e** . •i . fe;s fob° / 1 1 1 i I f'1 sI 18��C '9�;� s7 / 4G � � I 1 � '16 '3 S�0`��-36,4' \` N N �g1 - • • \ E U F` E1lATio N . goo..o Denotes exisfin Elevaf ion Lowes F oor E eva ton 183.440 ro ced Elevation 'on— { 9do.o Denotes p P To of Block Elevafi __ _ --DeRo feg Drama f Wilily Easement- G p o e SlabBlock Elevation_ -�•- Denofes Drain now Arrows t�'sef flub o Denofes monument • a Dcnoes O • Ocarinas shown are assumed Suject' to Easements or Record . 5 . .LOLL ,BLOC? 5 , . THE MEADOWS 4rg A001770A1 • cooWTY,MINNESOTA �Co r _ 1 hereby certify that this survey,plan or report wet Pre ared by me or under my direct super talon and that I am duly Registered Land Surveyor ..- 9. A.D.19 —. under the laws of the State of Minnesota.Dated thls�ay of At/:4112-4/411 h6v7E R!•us.o'- 7j; 4/sz11/ Aoo Ex.C. 1r✓. 4, Scale, • 1j51-1 /... ' C CV )2./. Z to R SERI R.SIKICI 11..5.nF.rt.Nn.141191 _------- ------- .__..._._..-------- - November 10, 1994 Mr. Paul Cherne, P.E. Post-it' Fax Note 7671 Date Pioneer Engineering, P.A. To ti 10 q }— p4a9e5 625 Highway 10 N.E. Co/Dept.a Blaine, Minnesota 55434 Phone# ``-- ' 0. Fax# 8s_ �Sca© Phone# Re: Mill Pond Watershed Hydrologic Sy 783—I s aa Fax# Between Vierling Drive and County -g�t� Petrill Residence, Lot 1, Block 5, The Meadows 4th Addition, Scott County Dear Mr. Cherne: Pursuant to our conversation, I have attached a revised grading plan of the above referenced lot. The lot grading does not remove the property from the pond area, but minimizes the impact of the pond. The grading is the minimum amount of grading the owner will accept. The proposed grading results in an elevation of 785.9 at the existing easment line and slopes up at a grade of 2.0 percent from that point. Even with this grading, an additional 4.00 feet of ponding easement is needed on the north and east line of Lot 1, referenced above. The exact amount of fill needed will depend on existing grade. If your client is prepared to modify the grading as shown in the attached drawing, there are additional conditions listed below: • The City of Shakopee, the watershed organization and any agency having jurisdiction over the pond shall approve the proposed specifications, grading and pond encroachment. • The owner must enter into a contract with the developer containing the following conditions: • The developer shall guarantee that no contaminated soil or remediated contaminated soil is used for fill on this site. • The fill must be placed in uniform layers with a slope that conforms to finished grade. • The developer shall provide the owner with an irrevocable letter of credit, in the estimated amount of the project ($60,000 - $120,000 depending on the existing grade), guaranteeing the completion of the grading and restoration by June 15, 1995. • The developer shall have a ponding easement prepared by a Registered Land Surveyor. o The ponding easement shall dedicate that part of the lot which falls below the elevation of 786, assuming that the minimum grade on the north property line is 785.9 and the finished grade from south to north is 2.0 percent. • The City of Shakopee shall accept the ponding easement and agree to maintain the ponding easement free of debris that could be a hazard to down stream hydraulic structures. • The top 8-inches of the grading shall be topsoil conforming to Mn/DOT Specification 3877. If your client can agree to theses terms and if you can get the City of Shakopee to agree to these terms, the owner is prepared to enter into an agreement stipulating the terms specified above. If the developer is not Mr. Paul Cherne, P.E. Pioneer Engineering, P.A. Petrill Residence, Lot 1, Block 5, The Meadows 4th Addition, Scott County November 10, 1994 Page 2 of 2 prepared to agree to these terms, perhaps the developer would be interested in trading the property for a comparable home in another location with the interest written down so that the payment is identical. The owner has looked at the feasibility of dedicating an easement, but has found that the easement needed takes so much of the back yard, the property would lose all value to this owner. The property would lose all value because the property would be substantially change from its condition at time of purchase. If the developer insists on an easement, that easement would be the value of the property plus relocation costs. If the developer is not able to accept one of these three options, grading, trade or easement, I am prepared to return to City Council for resolution of this matter. I would be available to discuss these terms, if you have any questions regarding them. You can reach me by telephone (348-8300 daytime, 496-0106 evenings) Sincerely .R. •. ier, P.E. 1717 P -sid- tial Lane Shakopee, mnesota 55379 c: Linda Petrill Karen Marty Mayor Laurent Council Member Beard Council Member Lynch Council Member Sweeney j * * *Ac 12422 Enterprise Drive Mcnootc Hripttis. M�' 55120 * L...}y.vLvOwr•CrvSL UO•r+Lc ns p10NEER ; X6121 681.1914 sengineering L•M° .,nvcwt •......c..r'c a.C.a.tCT1 * At * O �� I� ,- �'L�C� : Certificate of S - oY for ., ••( 42 Vb. . -Se ' \ iNv 'E- SIL . W..? .411114100411111111% 41 .1. 810.112MAIN: 4 eiritlial / 112'.4,3 . . .afarelo `44101%.:44 '''..74t4,',4%‘'411s4.4"4.(140\ -4`".1461.111V,..1.I ll111.14INi1 46:I i . c• e7,, •~ •+ ar.aA.:h: ,I,,/4'' ` :C::1_.‘.Z.'9"rZ.,:-1'4 .E.:; ,....' 11 ,, 0. N '..../44,-:: :f/',,,1,, . 0 , k 'czi., , 4 ...; -.. r— 1 (:71 3;3' 'I joy 4 i ! - „T .. , , pi; / tp- • ri A.,_ • --.... •..t , , ; ._b i 4 EA 1 ... - ;LN?- J / 00 ti• Q �` c�• 54 N � � � I 3j•KIVt.u.e? = �1s7• '0L A . Q W i 111 II Is,... M fl \ � � � E ---.. , r .S � co t 4- \ Pt icicx - z 5 L.,-g.-'\,, A --4 --. r\..iv ""milk.. i. .„ _ 1 ►�DoSE , I '(:,.. I � 90..6 Denotes ez1sfin0 Eleva/1ott L��;' Floor eve ' �+ ` '4F 1r 5)0.o Denofes propo.�ed E/evotiorl'. o oj� o > a bn g= I "_- nofes Droinoe Utifi1asement' G FJeV• on-- -- roin ';e F1or✓ 4. rows e f,. •— Denotes D 1 . Denor`es tt sc n Deno,�es monument _. • 2C� to Fd$oments o� ReCo�--d drip s shown ore assumed • *LOT.' 13L o - ...TWE IV EAS 5 4T • pD11"IPDN 'Co r= COUNTY ,N11N/NE$O%a1 Fr 'itcred t.vnd Sv•vcror I hcrrby Lr:lity that this fen ry• aisn or trport was prt rrd .oy r'c or uncle.' my ti;,..-rt svor sion sr•'f that 1 r•n dv r D' / ^trtny A.D. 19 i urdcr the 1pv.9 of tht 513:i 01 N.inmvs-ta.Dst��r??O 17+it / l�c�• qt.2_/// pea •Uri. �� (:._&,71 Scd/e : 1 )L07) ems,. -.--- ------- i *• *4: * 2427. Entcrpriac CtiVC • Mendota Neipnit,MN 55170 * PIONEER. L,Ne n�.rc�o•�•Civil.arG�Ncc� __ �+...7— �Awb►bMSNLRS•Looniest ors Awa+r.LCTI • (612) 681.1914 � � engineering.. • • Ck' ...._..___- Certificate of S •y for: ". ..... "' rWVA .1. . . %:. *.•20) • /P.L Noilmi 0_4 NZ, _ , • 0 ,N, . . . . 4.4.0..*.: .1,7•0 '. ‘ . zo, Az._: 4 i >_ '; h o'"*`'"`'• s * t . ..0 ' ss'G.2/,tea) • ;. qtt• + • � it---2,- S/ gip:- ,e. i • I , 11111140 IBJ,43 '� ��1 • �` .. -..0.,:iit • Z,Vt.. . .72,, :I v 1,4141 s. ••., v%4%*`%.... . 1 1 it ; "rb I 'tg xi 1-7-8 ' c'1,, • ' **%41%,\4 . c--,,,. z... i / ./ ). .7. : 0 - 0 .. 0 %—.‘ tc. -.Ntstili i 'N'N 1,4407.* 'Pl.ti , ., „4-' ,, _ _ .. . . ........., 0 - • • r ...„, 1 t,i, its . 1 . 1,... to.. ,_ .(4-- . _t; -' 408 r . 1•70\11•44 eel -ftli 9101)4' 00'4 Pr --• e \...%* •.. ' 0 j M AOC • Z 5 . g' �� � i .. 14.1 41../.. ikip ..v...1,.. . 90.0 Denotes exf3fin Elevation �; `�► -US :.;- • . prop ea' Elevation/. Low ' -4 f Ioor ev \ t4tilLY .=N . ,9�e.o Denotes p p .. atm=lack 2 • o : -n 1°' . 'k .�.._..:l nofee Oromo e ( Ufiii&fEasemefl1 �9p.$ rows - ;�e (Icy. on, •— Denotes Dr`oirt �e pow A� .D • Deno es /fine `. . c Denotes moriumenf erg to ase1�-,encs o Record .$sarin s shown ore assumed ' � M• BLocuTE EADO OWTI41V, Cho r r, covNrY ,M1NKFsora PO*hetobY certify %kat e tvrveY.Olen or rtport wee Preyarvd!y ne or undo, my donrt wasr ilio”Ant'h I eon duly F+p.r►red lsnd Su•vtvrr / / —1_ tG A.D. 19' q/ . /� under Mt 4wr o1 Int Stile n1 tJ�inArs:+u.Dated chic_ —QTY s1 i�J /,.� /% rCJ: #/1Z/'/ POO Eoe.We✓. ' j `-y 0 of ..� i>�Scale' 1,01...h . ROPE" 6 TOKrC0.4 L... nEn.Nn. Ilett M5AE5TFM.w31 Engineering Estimate Project: L.Petri!!Property Estimate Date : 08-May-95 Project it: None Print Date: 08-May-95 Assumptions From-To: Enter Termini if Appropriate Bit.Area(SF)Enter area Length(Ft): Enter length No.-Intersections: 0 Length(Mi): Calculated Blvd.Width(Ft)Calculated Const.Yr: 1995 Assumptions: Property raised to the maximum elevation that still keeps all work within owners property. Item* Item Description Unit Quantity Unit Price Cost 2104.501-00022 Remove Curb and Gutter L.F. 0 $2.10 $0.00 2104.503-00010 Remove Sidewalk S.F. 0 $0.70 $0.00 G 2104.505-00100 Remove Pavement S.Y. 0 $8.50 $0.00 R 2104.509-00100 Remove Manhole or Catchbasin Each 0 $165.00 $0.00 A 2105.501-00010 Common Excavation C.Y. 0 $11.50 $0.00 D 2105.507-00010 Subgrade Excavation C.Y. 0 $11.50 $0.00 I 2105.521-00030 Granualar Borrow C.Y. 1,944 $20.00 $38,880.00 N 2130.501-00010 Water(1000 M) Gal. 0 $22.00 $0.00 G 2211.503-00050 Aggregate Base Placed Class 5 C.Y. 0 $19.00 $0.00 0331.603-00130 Bituminous Pavement Sawing&Crack Filling L.F. 0 $4.50 $0.00 2201.501-00100 Concrete Base Repair S.Y. 0 $20.00 $0.00 C 2201.529-00000 Reinforcement Bars S.Y. 0 $0.80 $0.00 O 2301.501-00000 6"Concrete Roadway Pavement S.Y. 0 $22.00 $0.00 N 2521.501-00035 3.5"Concrete Walk S.F. 0 $1.90 $0.00 C 2521.501-00060 6"Concrete Walk L.F. 0 $2.75 $0.00 R 2531.501-22625 Concrete Curb&Gutter Mpls Std (L.F.) L.F. 0 $11.00 $0.00 E 2531.501- Concrete Curb&Gutter Mpls Pk Bd Std (L.F. L.F. 0 $13.50 $0.00 T 2531.501-02320 Concrete Curb&Gutter Design B624 L.F. 0 $12.00 $0.00 E 2531.507-00006 6"Concrete Driveway Pavement S.Y. 0 $27.50 $0.00 2531.507-00006 8"Concrete Driveway Pavement S.Y. 0 $29.00 $0.00 2331.514-00030 Type 31 Base Course Mixture Ton 0 $30.00 $0.00 B 2331.512-00040 Type 31 Binder Course Mixture Ton 0 $31.00 $0.00 I 2331.508-00040 Type 41 Wearing Course Mixture Ton 0 $35.50 $0.00 T 2356.505-00010 Bituminous Material for Seal Coat Gal. 0 $1.50 $0.00 U 2356.509-00040 Seal Coat Aggregate(FA-4) C.Y. 0 $43.00 $0.00 2357.502-90010 Bituminous Material for Tack Coat Gal. 0 $3.00 $0.00 2506.506-00018 Construct Manholes Design Mpls L.F. 0 $230.00 $0.00 S 2506.509-04001 Construct Catch Basin Design MPLS-EC Each 0 $1,200.00 $0.00 E 2506.503-00010 Reconstruct Drainage Structure L.F. 0 $180.00 $0.00 W 2506.516-00010 Casting Assemblies Each 0 $400.00 $0.00 E 2506.516-00010 Install Castings Each 0 $250.00 $0.00 R 2506.522-00011 Adjust Frame&Ring Castings Each 0 $250.00 $0.00 2503.511-13100 10"PVC Pipe Sewer L.F. 0 $21.00 $0.00 W 0504.602-00017 Relocate Hydrant(Each) Hyd. 0 $1,200.00 $0.00 A 0504.602-03001 Relocate Curb Stop&Box Box 0 $1,600.00 $0.00 T 0504.602-03024 Adjust Valve Box(Each) Box 0 $200.00 $0.00 L 2105.525-00010 Topsoil Borrow(LV) C.Y. 428 $15.00 $6,420.00 A 2575.505-00030 Sodding Type Lawn S.Y. 1,927 $2.00 $3,854.00 N 0575.605-00015 Seeding S.Y. 0 $2.00 $0.00 D 0575.605-00100 Mulch Material Type Special S.Y. 0 $2.00 $0.00 S 2571.500-00010 Landscaping L.S. 0 $0.00 $0.00 C 2571.502-80010 Furnish&Plant Shade Tree Tree 0 $200.00 $0.00 M 0412.602-00109 Construct Survey Monument B Each 0 $860.00 $0.00 I SPEC Traffic Signal System L.S. 0 $0.00 $0.00 S SPEC Lighting System L.S. 0 $0.00 $0.00 C SPEC Storm Sewer System L.S. 0 $0.00 $0.00 412.602-00100 Adjust Monument Cover(Each) Each 0 $450.00 $0.00 Subtotal $49,154.00 3%Traffic and Miscellaneous $1,474.62 Subtotal $50,628.62 5% Inflation Adjustment $2,531.43 Subtotal $53,160.05 5% Contingency Adjustment $2,658.00 Subtotal $55,818.05 18% Engineering $10,047.25 Subtotal $65,865.30 Survey,staking and reset property corners $2,500.00 Geotechnical work $5,000.00 Legal Services $24,455.10 Grand Total $97,820.40 Estimate calcultations for Lot 1 , Block 5 , The Meadows 4th Addition Fill Required Fill Depth Area (SF) Areal+Area2 (A1+A2)/2 0 17341 29559 14779. 5 1 12218 22026 11013 2 9808 17396 8698 3 7588 13353 6676. 5 4 5765 9654 4827 5 3889 6376 3188 6 2487 3951 1975 . 5 7 1464 2061 1030 . 5 8 597 601 300 .5 9 4 Sum of (A1+A2)/2 52 , 488 . 5 Cubic Feet ( (A1+A2)/2)/27 1, 944 .0 Cubic Yards Sod Required Zero fill contour Area 17 ,341 .0 Square Feet 1, 926. 8 Square Yards Reset Property Corners Three Property corners Geotechnical work Lump Sum Staking Lump Sum m Cu COCO 03 F N mr a -;-, S r �, r r r. r L L ,..;..�--- �-►---.-- -....(:- -'ff.0.------ o w 4 t ''4, *V r---4r- ----0 I' --1 u 0 i.-i 1 1 1 I 1 I 1 1 iw-----— 1 I amvAl.I.-1--.t-.: 8 L r �rI. +1 nee j12 A* 4/.1.4 _ 4/./ ,, ./ of i-_--1_z o 0/44/4„411, 0 0 cE )_ Ln F_ i Z Cr ---j// O 3 (.-9 w O O M 0 w CC O Li \ z E-- w I-- O = H I- (1l CD 03 CU mco (0 r' ti N Cu t`' ti F-. N N p r r .S F r r r r r r ILL LL -� Z8L ;,,'' E8L 4'1'141 et — Ar% /11/ifivericit z H r F-- ,„ 0100 H O o / / //, 1IPD U U) c O 3 (� J O 0 m 0 Cl- CE 0 W I- W Z I- W I- O I H J I- U) I m N m a J- to N o- N N /` N L.- N B . r \\\ b� I Adir 'I- // ! i ..._ _____ ,./ / / J O O m 0 O T O J - I - H Lu J z F--- f-- 0 I H f-- Cf) J October 14, 1994 Mr. H.R. Spurrier 1717 Presidential Lane Shakopee Mn 55379 Dear Mr. Spurrier, I am in receipt of a copy of your letter to Ms. Karen Marty, Shakopee City Attorney, dated 10/12/94 charging the mayor and other city council members, including myself with malfeasance in office. As you may be aware, such a charge raises a grave question about how the city council members conduct themselves in office. Due to the gravity of your charges, I will contact Mr. James Terwedo, the Scott Count Attorney on 10/17/94 and request that he review your charges with the intent, that if they are substantiated, that I be indicted. • Absent an indictment, I will be consulting my personal attorny about the possibility of filing an action alleging libel against you. Sincerely, R. 0. Sweeney cc: Karen Marty, City Attorney Mayor Gary Laurent City Council Member Joan Lynch City Council Member Michael Beard 11/111itigli SHAKOPEE October 13 , 1994 Mr. H. R. Spurrier 1717 Presidential Lane Shakopee, MN 55379 Dear Mr. Spurrier: I have reviewed your letter of October 12 , 1994 , and thaand apparently there is some confusion. The letter suggests City is taking corrective action on the lot in question. The City is not taking any action; rather hhave raave i edsgandted the the differences in er to respond to the concerns y elevation we have discovered. You must indicate res that no res pa si As isI approved, but argue that the Citygrading this issue, the problem is the developer' s for g g improperly, not the City' s . If you have information that indicates otherwise, please let me know. Please contact the developer, as I suggested in my October er 10th letter. The contact person is Paul Cherne, Pio Engineering, 2422 Enterprise Drive, Mendota Heights, MN 55120 . His phone number is (612) 681-1914 . If you have further concerns, please let me know. Sincere y, e - 4 1 P Karen Ma ty City Attorney cc : Mayor Laurent Members of the City Council Mr. Kraft Mr. Nummer COMMUNITY PRIDE SINCE 1857 129 Holmes Street South Shakopee,Minnesota• 55379-1351 • 612-445-3650 FAX 612-445-6718 October 12 , 1994 Via Fax No . 445-6718 (confirmation copy by post) Ms . Karen Marty, City Attorney City of Shakopee 129 South Holmes Street Shakopee, Minnesota 55379 Re: Mill Pond Watershed Hydrologic System Between Vierling Drive and County Road 79 Petrill Residence, Lot 1 , Block 5 , The Meadows 4th Addition, Scott County Dear Ms . Marty: Did I understand you to say in your letter of October 10 , 1994 that you are inviting a contractor/developer of the Meadows 4th Addition to perform work on the above-referenced property, even though there is (1) no contract (2) no bond (3) no liquidated damages (4) no specifications and (5) absolutely no plans for that work? If my understanding is correct, I do not consider this a viable, reasonable, workable proposal in its current form. While I agree with the result you propose for correcting the problem (specifically, that you plan to raise the elevation of the rear lot line to 786) , I do not agree, nor does the property owner authorize, any trespass on the above-referenced lot until a clear plan is in place . That clear plan must resolve the problems outlined in my previous correspondence. Your facts related to the proposed elevation of the rear lot line are not consistent with facts I possess . City staff furnished to me a copy of the over-lot grading plan for the Meadows 4th Addition, in March of 1994. That plan shows grading to elevations that are reasonably close (plus/minus 1 .0 feet) to existing grade. I suggest you have competent technical people review your facts . (or I have been deceived with incorrect information supplied to me by city staff) I suggest it is time we move on to resolution, since the City has admitted the following: 1) That this is a problem; (your letter of October 10 , 1994 admits the flooding and encroachment) ; 2) That the debris from the last flooding is clearly 31 feet outside the city' s 5 .00 foot easement; 3) That if there is a problem, the city is responsible for fixing the problem (Hutton' s memo of 6/23/94 to D. Kraft) . Ms . Karen Marty, City Attorney Mill Pond Watershed Hydrologic System Lot 1 , Block 5 , The Meadows 4th Addition, Scott County October 12 , 1994 Page 2 of 2 To knowingly allow these problems to go uncorrected after admitting the responsibility for said problems , and continuing to resist proposing a viable, reasonable, acceptable solution, it is clearly malfeasance on the part of the not only city staff , but the mayor and council members as well . Please understand that I have lost a great deal of my patience already, waiting for this response. I still remain interested in assisting the City reach a reasonable solution to the problems previously outlined. During the day you can reach me at 348-8300 and after hours , you can reach me at 496-0106 . I look forward to you response. Sincerely, H.R. Spurrier, P .E. 1717 Presidential Lane Shakopee, Minnesota 55379 c : Linda Petrill Mayor Laurent Council Member Beard Council Member Lynch Council Member Sweeney SHAKOPEE October 10, 1994 • Mr. H.R. Spurrier 1717 Presidential Lane Shakopee, MN 55379 Dear Mr. Spurrier: Thank you for your patience since my last letter. We did have a survey prepared on the property about which you have concerns . The survey indicates that the lot was not properly graded by the developer, and it is not surprising that the property owner is experiencing flooding. The survey indicates that the elevations along the easement line range from 781 . 88 at the south end to 776 . 70 near the north end. The debris after the last flooding was located at 780 . 97, some 36 feet west of the property line, clearly indicating that the water is 31 feet outside the five-foot easement . A review of the grading plan for the subdivision reveals that the lot was intended to have a rear elevation of 786 . Therefore we have contacted the developer and indicated that we are concerned that the lot may not have been graded properly. A copy of the letter to the developer is enclosed. You also may want to contact the developer to discuss this problem. If you have further questions, please let me know. Sincerely, Karen Ma ty City Attorne, KEM:bjm [10MEMO] Enclosure cc : Mayor Laurent Members of the City Council Mr. Kraft Mr. Nummer COIviMUNITY PRIDE SINCE 1857 129 Holmes Street South• Shakopee,Minnesota• 55379-1351 • 612-445-3650 • FAX 612-445-6718 SJTIA.TKOPEE September 27, 1994 Pioneer Engineering 2422 Enterprise Drive Mendota Heights, MN 55120 Attn: Paul Cherne RE: Meadows Addition Grading Dear Paul: There appears to be a problem involving lot grading in Meadows 2nd, 4th and 8th Additions adjacent to Outlot H (the wet pond). Grading on Lot 1, Block 5, Meadows 4th (attached) appears to have been done in a fashion which allows flooding in the back yard area in excess of existing pond easements. Please investigate the extent of the problem in grading lots adjacent to Outlot H and with the developer act to correct any lot grade currently prone to flooding beyond pond easements. Thank you. Sincerely, Ray Ruuska Engineering Coordinator RR/pmp GRADING cc: Dennis Kraft, City Admin. COMMu\17Y PRIDE SINCE 1857 124 H,,r,e,Sett South• Shakopee,Minnesota . 55379-1351 h12-44:-3h:Ail FA\ ^l�•�a�•h71' Memo to file Re: Mill Pond Watershed Hydrologic System Between Vierling Drive and County Road 79 Petrill Residence, Lot 1, Block 5, The Meadows 4th Addition, Scott County Subject: Telephone call to Gary Laurent Date: October 6, 1994 Time: 9:00 PM I called Gary Laurent to discuss the level of maintenance now performed on the reach of the Mill Pond Hydrologic System referenced above. The issue I had with that reach was the level of maintenance performed by the City. I ask Gary what plans the City had to repair the severe erosion damage. Gary was surprised to learn that the condition existed since July 8, 1994. He said he would look at the problem on October 7, 1994. I advised Gary that Dennis Kraft advised Linda that he had looked at this area. I reiterated that I thought Kraft was very rude to Linda and that is no way to treat someone the City encroaches upon. I told Gary it should be no surprise that I documenting a case of gross negligence by the City, because of the great danger posed by the present conditions. I told Gary that I would seek the maximum possible penalty if anyone gets hurt as a result of the dangerous conditions. We discussed the fact that the City has been dragging their feet on this issue since January 28, 1994 when I made the first telephone request of the City. I told Gary that from the outset when we suspected a problem we have been looking for solutions. We do not see the same objective in ccrnunication we have had from the City. If the City had just once invited us to sit down and discuss resolution of this problem, I was prepared to donate my own expertise in resolving this matter. Not once has the City agreed to such a meeting. If the City would ever sit down to discuss this matter, the City would find that the property owner would be most anxious to discuss the issue. The City would learn that the property owner was interested in fill to remove the property from the encroachment. SHAKOPEE September 21, 1994 Mr. H. R. Spurrier 1717 Presidential Lane Shakopee, MN 55379 Dear Mr. Spurrier: The City has received a response from OSM regarding your August 9, 1994 , letter. i believe you were copied on it; it you did not receive a copy, please let me know and I will provide one . As I understand your issues, you are concerned (1) that the flood profile for the drainageway extends beyond the limits of the drainage easement; and (2) that the drainageway is subject to erosion. The first issue, the flood profile, is unanswered at this time . The drainageway was designed to contain the stormwater, and as far as staff knows, the drainageway was built as designed. We are hiring a consultant to survey a portion of the drainageway to check this . The second issue, erosion, is answered in OSM' s July 5, 1994 , letter. Since construction of the drainageway is not complete, we anticipate some erosion will occur. Erosion should be minimal upon completion of the project . I will let you know what we learn from the surveys . Sincerely, Karen arty lf City Attorne� KEM:bjm [19MEMO] cc : Mayor Laurent Members of the City Council Mr. Kraft Mr. Nummer Mr. Willenbring COMMUNITY PRIDE SINCE 1857 129 Holmes Street South• Shakopee,Minnesota• 55379-1351 • 612-445-3650 • FAX 612-445-6718 Orr '` 4" May .k on& "14«_:.'� tom. Associates,Inc. 300 Park Place Center September 9, 1994 5775 Wayzata Boulevard Minneapolis,MN 55416-1228 612-595-5775 1-800-753-5775 Ms. Karen Marty FAX 595-5774 Engineers City Attorney Architects Planners City of Shakopee Surveyors 129 East 1st Avenue Shakopee, MN 55379 Re: Response to letter from H.R. Spurrier, P.E., dated August 9, 1994 - OSM Project No. 1775.75 Dear Karen: We have received a copy of a letter to you from Bo Spurrier claiming there were alleged errors related to the design and construction of a drainage system, encroachment of flood water on to private property without proper easement deduction, and danger to property and persons in areas east of County Road 79 in the vicinity of the Meadow Subdivision. Please be advised, based on our review of this matter, we have not been directly involved in any of the work associated with the errors or omissions he alleges to have occurred. Although the information provided in Mr. Spurrier's letter is somewhat to difficult to understand, I believe his major allegations are that the flood profile for the drainageway extends beyond the limits of the drainage easement acquired over Lot 1, Block 5, Meadows 5th Addition, that the drainageway outfalling into the Meadows Pond is subject to erosion, and that during significant rainfall events, high flow rates in the channel could be a hazard to property or persons adjacent to the channel. In regard to the easement question, it should be noted that when the Meadows Subdivision was developed, the developer and his engineer designed the system and dedicated easements in this area. It is unknown in the fieldin acaordanaing lan ce with thipsed as plan. part of this project was specifically constructed It is recommended that the channel cross section and profile that was constructed be compared against the grading plan shown for this area on the Meadows Subdivision. From this review, it could be determined as to whether or not the channel was constructed in conformance with the plans prepared by the developers' engineer. In regard to the erosion concerns, we reviewed the as-built design of the system and provided comments relative to its design in a July 5, 1994 memorandum to Dave Hutton. A copy of this memorandum is attached. Equal Opportunity Employer • Ms. Karen Marty September 9, 1994 Page 2 In summary, based on our review of this matter, we do not believe we have been involved in any of the work associated with the problems identified in Bo Spurrier's letter. We will, however, be happy to assist the City in any way in responding to these perceived problems. It is recommendedht it�be dhee1mined if the area along the plans prepared by the developers' drainageway was constructed in conformance engineer. Following this review, a further response to Mr. Spurrier's concerns related to flood profile and easement dedication can be provided. _ If you have any questions concerning this matter, please do not hesitate to contact me at 595-5767. Sincerely, ORR-SCHELEN-MAYERON & ASSOCIATES, INC. r4c, Peter R. Willenbring, P.E. I Manager, Water Resource Department c: Mayor Laurent Council Member Beard Council Member Dirks Council Member Lynch Council Member Sweeney H.R. Spurrier Dave Nummer H:\1775.75\WATER\LE 1"1 t RS\940908.KM MEMORANDUM TO: David Hutton Director of Public Works City of Shakopee FROM: Peter R. Willenbring, P.E. OSM & Associates, Inc. DATE: July 5, 1994 SUBJECT: Hydraulic Analysis of Upper Valley Drainageway immediately east of County Road 79 OSM Project No. 1775.75 As a follow-up to your request, we have completed a hydraulic analysis of the ditch cross section in the above referenced area to estimate the 100-year flood profile and provide recommendations concerning ditch stabilization measures that could be utilized to prevent the ditch from scouring. Based on this analysis, the following comments are made: 1. For the 650 foot reach from County Road 79 easterly to the 18" CMP, the ditch has a cross section consisting of approximately a 10 foot bottom and 4:1 side slopes. 2. The ditch profile ranges from having a bottom slope of approximately .1% for the area within 450 feet of Country Road 79, to slopes approaching 1% in the last 200 feet, to the 18" CMP. East of the 18" CMP inlet, the slope approaches 10% as it downslopes to the basin. 3. Our hydrologic model for this area predicts a 100-year peak discharge through this section of ditch at 331 cfs. The corresponding 100-year flood profile for the channel in the vicinity of the 18" CMP inlet ls elevation 781.1. g (The invert of the 18" CMP is set at approximately elevat on 776 8, ow building elevation immediately south hhe 100-year is at ) As a flood profilei this of the structure has in excess of 5 feet of freeboard to ditch. 4. For the 100-year event, the velocity of flow in the ditch in areas shaving slopes loe e of .1% is estimated at approximately 2 to 3 feet per second. In area ditch slope approaches 1%, the velocity is anticipated to be approximately 5 feet per second. For slopes at 10%, the velocity will exceed 10 ft/sec. Dave Hutton July 5, 1994 Page 2 Typical channel design practices anticipate stable vegetative linings can be maintained provided the channel vegetation is firmly established and the velocity of flow in the channel does not exceed 5 feet per second. Given this consideration, it is recommended the following activities be undertaken to assist in establishing cover over the ditch cross section in a short period of time: , 1. Add 4" of topsoil and disk into existing soil in areas upstream of 18" CMP that do not have established vegetative cover. 2. Seed and stake wood fiber blanket with polyethylene mesh over the bottom and up the sides of the ditch, a distance of approximately 10 feet. 3. Double stake a double roll of hay bales every 50 feet over the areas that have slopes in excess of .1%. 4. Regularly maintain and repair any damage done to this channel section during periods of flow. 5. Provide water to the ditch section during periods of dry weather to assure vigorous growth is maintained. 6. Reshape ditch section and place Class III rip rap over areas of ditch downstream of 18" CMP where slopes exceed 1%. H:\LASTWR\BJF\WATER\PR\\MEMOS\940706.DH September 14, 1994 Ms. Karen Marty, City Attorney City of Shakopee 129 South Holmes Street Shakopee, Minnesota County Re: Mill Pond Watershed Hydrologic SysteM�dowsn5thierlinAddgion, Scottand County Road 79 Petrill Residence, Lot 1, Block 5, The H.R. Spurrier Letter Dated July 21, 1994 Dear Ms. Marty: You have questioned the accuracy of my claim that there is an encroachment of the retention/detention pond onto the above referenced lot. This morning is a perfect opportunity for the City of Shakopee to observe and verify the encroachment I described. Furthermore, I am authorized by the owner, Petrill, to give the City permission to enter upon her property in order to set stakes along the water surface so that the City can measure the encroachment. I also want to remind you that I requested a timely response in my earlier correspondence. I offered to assist the City. I have offered this assistance because I believe that time is of the essence in resolving this matter. Time is of the essence because the poor condition and the poor maintenance of the upstream channel is permitting debris to enter this hydrologic system. The debris is a type that will plug outlet facilities exacerbating the flooding and encroachment of the above referenced lot. You should understand that the inaction of the City of Shakopee can make this bad situation worse. Once again, I request that you tell me when you expect the City to respond to my request for an outline of how the City plans to resolve these major problems. Sincerely, H.R. Spurrier, P.E. 1717 Presidential Lane Shakopee, Minnesota 55379 c: Linda Petrill Sent by FAX to 445-6718 on September 14, 1994 SHAKOPEE August 25 , 1994 Mr. H.R. Spurrier 1717 Presidential Lane Shakopee, MN 55379 Dear Mr. Spurrier: I am in receipt of your letter of August 24 , 1994 . You have not received a further response because gwesdoonnot yhave aany are further response to give youyet . complex ones, and requirebocomth eldWhenkwenhave someainformation analysis . Those are not complete . another letter. to provide to you, I will send y Sincerely, (te-9—A/4) Karen Marty City Attorney // KEM:bjm [25MEMO] cc : City Council Dennis Kraft Dave Hutton COMMUNITY PRIDE SINCE 1857 129 Holmes Street South Shakopee,Minnesota• 55379-1351 612-445-3650 FAX 612-445-6718 August 24, 1994 Ms. Karen Marty, City Attorney City of Shakopee 129 South Holmes Street Shakopee, Minnesota 55379 Re: Mill Pond Watershed Hydrologic System Between Vierling Drive and County Road 79 Petrill Residence, Lot 1, Block 5, The Meadows 5th Addition, Scott County H.R. Spurrier Letter Dated July 21, 1994 Dear Ms. Marty: Referencing your letter dated July 28, 994,to9theyproblems referenced inou asked for tmyonlettereo he City would be in a position to respond July 21, 1994. I supplied that documentation in a timely fashion. i believe it is reasonable to expect the n tY to receivedespond ta responsetimely to my letternof Auguyst. Thus, l9�1994. disappointed that I haveY Further, I believe it is reasonable to expect the City to respond to me, by Member 5, 1994, with an outline of how the City plans to resolve these problems. Sincerely, H.R. Spurrier, P.E. 1717 Presidential Lane Shakopee, Minnesota 55379 c: Linda Petrill Mayor Laurent Council Member Beard Council Member Dirks Council Member Lynch Council Member Sweeney August 9 , 1994 Ms . Karen Marty , City Attorney City of Shakopee 129 South Holmes Street Shakopee, Minnesota 55379 Re: Mill Pond Watershed Hydrologic System d 79 Between Vierling Drive and County Petrill Residence, Lot 1 , Block 5 , The Meadows 5th Addition, Scott County H.R. Spurrier Letter Dated July 21 , 1994 Dear Ms . Marty: Thank you for your response dated July 28 , 1994 regarding the above referenced matter . At your request , I am attaching suppleental Pond information that I collected and prepared in evaluating theHydrologic System between Vierling Drive and County Road 79. You asked me to elaborate on the issues I raised in my letter , specifically the following: o Serious errors and omissions related to the design and construction of the hydrologic system o Encroachment of flood water onto private property o Grave danger to property and persons In reviewing the above referenced hydrolothe gycssystem s I relied ing on the data and calculations furnishedy supplemented by a topographic adesurvey my lettercompleted is theJuly stageldischarge basis for the allegations I m 3 , 1994 curve and data attached to City Engineeear Daver Hutto ' stoat'rm has a peak letter which specified the minor (1 y elevation of 779 . 4 and the major (100 0meaar recurrence thee) stor has a peak elevation of 783 . 6. My data did e elevation which I view as an irrelevant issue inbthismatter. t the handleI has surveyed the site topography with a hand level , sufficient accuracy to support the allegations egar toon I haw ve mass. I ldidveot check downstream construction. assumed that downstream construction ctopographicros to surveyhe ofCthe' subjecgn t assumptions . I am attaching my property and the cross sections surveyto to theafreeboardthe pelevation ofmap . You should know that I did 785 . 6 so the exact encroachment of the major storm is an estimate. Freeboard is that part of a pond above the maximuum y waterdsurfaceuffer needed for the protection of adjacent property, against wave erosion, saturated soil and other potential damage related to the pond. The first two issues above constructionnofserious hydrologicand systemomissions related to the design and Then City related to encroachment of flocdosswater sectionsprivate topographic• contours . can verify the accuracy of my I am confident that the contours are accurate and the City will reach Ms . Karen Marty, City Attorney Mill Pond Watershed Hydrologic System Lot 1 , Block 5 , The Meadows 5th Addition, Scott County August 3 , 1994 Page 2 of 3 the same conclusion reached. runoffThere the 2u0sfootlal freeboardencroachment of minor and major storm water It is the responsibility of a city to require construction of proper improvements and obtain sufficient right of way when property in the city is subdivided. In this case, I have concluded that the City of Shakopee did not construct or cause to be constructed, proper improvements within the proper right of way. Identifying needed construction and proper right of way is a design issue . In this case, the grading plan and hydrologic system design outline the need for specific grading and the City should have known and should have required proper grading and permanent ponding easements for both the minor and major storm. Simpler yet , when the grading was approved for The Meadows 5th Addition, that grading should have been modified to preclude the need for additional easement . The design engineer or the City' s reviewing engineer had the opportunity to notice the need to modify the grading or provide a ponding easement . Missing the need for additional grading or additional easement was for approval withouterror . a modifplat cation°tod not have been recommended the grading or an additional easement . Now the grading modification or ponding easement is still needed. I believe the need for grading modifications or the need for an easement is a problem created by the design, review, construction and operation of the hydrologic system by the City , because the ponding encroaches onto private property . I agree with the City engineer that . . regarding the City' s drainage way , which is our (the City' s) responsibility to design, construct and maintain and therefore any problems with this drainage way would not be the adjacent property owner' s responsibility." The grading modification or ponding easement is a problem. Serious errors and omissions in plat design and review resulted in the problem and as I previously stated, "I am requesting that you frame a strategy for addressing these problems and provide that plan to me and the effected property owners ." (the Petrills) Item three refers to very grave danger to property and persons . This drainage system was designed to flood with a 65 to 80 foot encroachment from the rear property line. That means that within minutes , not hours , the property owners could find the pond at their back door, literally without warning . The property owners' young children could not be protected by a fence, even if a fence was located completely outside the exiting drainage easements . Extraordinary care would be needed to prevent the young children from going outside to play in this water . This pond is not like the lake or even the City' s own swimming pool with a gently sloping bottom. This pond is deep with a steep under water slope. The steep slope exceeds the City' s own standard for retention ponds . The pond Walkershould Conco�dadMA andaccordance fromwith the EPA'models developed by William W . Ms . Karen Marty, City Attorney Mill Pond Watershec'.eHydrologic System Lot 1 , Block 5 , The Meadows 5th Addition, Scott County August 3 , 1994 Page 3 of 3 t Nationwide Urban Runoff Program ( illines is the metdtha10tho pond underwater slope) . Exacerbate thisg problemwould have a 3-day run hod ofrinundation sod andre the eotherllandscaping begin to recede. During the periility of normal material would be be questionable: ifessed to a point wherethatbmaterial could be landscaping material would the ond maintained at all . IntoYtheopinion, house,given duratgon ofrthefpond run out bottom, the proximity grave and the depth of the water , this detention pond poses a very persons because danger to property and p it requires that the property owners be vigilant twenty-four hours a day during pond run out while the encroachment occurs . I have addressed the points you severe• These problemsprolems related topthisnpartthe of problems I believe are the most the Mill Pond Hydrologic System. I am submitting this information in order to help resolve a serious ptoblem pressor a family for resoluti�onbof . othereless this problem is solved, I expect e serious but damaging problems as well . Accordingly, issues I havewould withwthisng to meet with you to frame the entire scope hydrologic system. If you have any questions related to this matter, feel free to contact me at home (496-0106) or at work (673-3611) . Sincerely, H.R. Spurrier, P .E. 1717 Presidential Lane Shakopee, Minnesota 55379 Enclosures : Site Topography Cross Sections CC: Linda Petrill Mayor Larent Council Member Beard Council Member Dirks Council Member Lynch Council Member Sweeney Peter R. Willenbring, P.E. .... as a) �y2 T t c Iii Lo W -0 >+ z (0 < O t, J U u- Z717 a Ott 1 LO 0 CD W 0 Cf) \ 4 .4 CC 4 W F.. o t�p . tr -� 4 d' CO W 0 CD oi.CD 4 O a _a) Lli 1 J J ` LL 1 �I W C.,) . W (f) I— -0 0, lir 41 z (f) L6 0...... . u1-- < a ir. < 0 0 rii . 11 1,„ --- -- i4t N a J J cco �`., 0 c° ii„ i! In onJ _ '; U • i ' Ii ..' ,. 1.0 o a) co 4 N o 0 o .4' o- oNo CO CO N CO ti N. N. NOI1VA313 co E H I m 3 � o 1 -o o CO 0 0 7 � 7D cn n --c z o I H O / • -77 /-17 � 1z SHAKOPEE July 28, 1994 Mr. H. R. Spurrier 1717 Presidential Lane Shakopee, Minnesota 55379 Re : Mill Pond Watershed Hydrologic System between Vierling Drive and County Road 79 Dear Mr. Spurrier: Your letter to Mr. Kraft of July 21, 1994 , has been referred to me . In it you make some disturbing allegations . In particular, you wrote that there are "serious errors and omissions related to the design and construction of the above referenced reach of the Mill Pond Watershed Hydrologic System. " You also stated that "the City' s drainage system is not contained within dedicated easements . " Lastly, you allege that "the design of the hydrologic system results in very grave danger to the property and to the occupants of the house on Lot 1, Block 5, The Meadows 5th Addition" . These are conclusions . Before the City can expend funds to correct a perceived problem, we must review the facts to see if our information supports your conclusions . Therefore, we need some facts and information from you. Regarding the design and construction, the City hired and relied upon a reputable hydrologic engineer to design this project, and believes that the drainageway was designed and constructed properly. Since your letter alleges professional improprieties, I am forwarding it to our consultant for their information. The City is not aware of any serious errors or omissions . Please provide me with the specifics of your concerns, including calculations, measurements, hydrologic design information, construction information, etc . , in order to fully understand your concerns . Regarding the allegation that the drainage system is not located in the easement, please send me information regarding the times, dates, water levels, number of feet of encroachment onto private property, and all other information which would demonstrate the problem. If the water is not remaining in the drainage system, we will want to adjust either the water level or the easement size. Lastly, regarding the "very grave danger" to property and persons, again I need more information. Please advise me as to what is endangering the property, under what circumstances you COMMUNITY PRIDE SINCE 1857 129 Holmes Street South• Shakopee,Minnesota• 55379-1331 • 612-445-3650 FAX 612-445-6718 Page 2 July 28 , 1994 Mr. H. R. Spurrier anticipate the property would be damaged, and what damage you consider likely to occur. Please also advise me as to precisely what the danger is posed to the occupants of the property, posing this danger, and the circumstances in which the danger is expected to occur. Thank you for your concerns . I look forward to hearing from you. Sincerely, Karen Marty City Attorney KEM:bjm [27MEMO2] P.E. cc : Peter R. Willenbring, OSM & Associates 300 Park Place Center 5775 Wayzata Boulevard Minneapolis, MN 55416 21 . _ CLL. : ,.. u a--t:._,d1 s-- ut;.r 113-171,77 ,.. .J. '71 770:J@ this F .., '-am :: sera:sus - _ - the design and _onr - - o toe ':O -e . . acs:-. ata ,, . 'ste . O Oasis _ ys iF; drolagio.e u-. advised that the 1' t tdiila�CF - - system M IO not T - the t.Y 4 iti - •vaa i-t- ,.. ...... .' . - .. - - � 4v the ud�... of .aL_ i...�.� `- v_d Loti I. __ tand Jam." ve danger to • _ _ - - - t,y lltn.uli L.V:.i V-rt.4 CVaAr.d4•f fid - C - L_nJ. 19(:.;; 1 rte. .v ..V you conclusion in y a.v�, t,,A w.L a.iL v-.1 uar.-\Y�lt-.l.1 Dave ra.J.4�-Vtd•. cur the res-gonsibility (' -.•-.-.�._.r....�. the City's �Ai .Yii _t. - . Wi11 x.11tJ ^ .Y\:-y iaA tl Liav �.. -...nu • �.V1iJ 41 ll.•-4 [.al LaC.A 1t1a41r144iL1 tLLiV. 'ila..Y VL Vle - _ � ,_ n-- "' 1.�..fir.•.i...1C.1 .-. Y`. _ _ GGnt owner's rJ ✓Vi dJ1A.1114' t,iL cal./�_ �\Y i% • WVLad\a. t\\ . .iVw _ there y_ danger AV- 77, that _4 adjacent r .V_. -e L • and nd i mediatp a4 41 V 1 to . T ILL t i o lti troms th7lt -« , itvtiA is warranted. 13C-o -iic i am requesting that y /aa frameastrategyfor addressing theseproblerz an „ ro U that c tocted p7--eot7tyowners. ?lease >y-tact T',' t- you cannot v. -h-ti- task and J W'hu 4 yVaeve-Vig this strategy is L -- GJto the problems., win --- .Au . + this work should 1V4 be an expense of the -aro:gerty owners. If the f~?^-- to assess or otherwise charge the adjacent .) opGy - owners _l _ any cost contactMebeforeii• aiya_ citvf that cost. related -es ttk.s rztzer. -.--)lease _ o ,ou need a. tart of t.L..i- questions letter clarified, you 17.7,V call 7.7Z y� you hove any _ - _ - �- - 'n% after liv 4'.:..�• -.�•1J .-t-.Y.Li 4hs uta!^ yr at _- 4 '-F ��„ v P.E. 17 P:-esu: Lane Viltal>aJ FJ tit_• 1'ilailae •o-4 J✓✓( r Vv• L_ Od3 1e 4L.1-1 .i. Ja.+.Y Gi14 SHAKOPEE July 8, 1994 Mr. H.R. Spurrier 1717 Presidential Lane Shakopee, MN 55379 RE: Upper Valley Drainageway Channel Dear Mr. Spurrier: As I stated in my June 23, 1994 letter to the City Administrator, the City's consultant was retained to analyze the hydraulic capacity of the CMP culvert and channel adjacent to your subject property. This analysis is done and I have attached a copy of the letter and consultant's reco profiles of the lmmendarions tch for your benefit. The city of Shakopee is planning on adhering t our found on Page 2. The recommended improvements to the channel will be made during this construction season by the City's contractor. I believe I have provided you with all the information you have requested. Sincerely, David E. Hutton, P.E. Public Works Director DEH/pmp CHANNEL cc: Dennis Kraft, City Admin. COMMUNITY PRIDE SINCE 1857 129 Holmes Street South• Shakopee,Minnesota• 55379-1351 612-445-3650 FAX 612-445-6718 ti oschrr elen 300 Park Place Center 612-595-5775 : Mayeron& 5775 Wayzata Boulevard 1-800-753-5775 pssoCtates,lnc. Minneapolis,MN 55416-1228 FAX 595-5774 MEMORANDUM TO: David Hutton Director of Public Works City of Shakopee r.Th*_ FROM: Peter R. Willenbring, P.E. OSM & Associates, Inc. DATE: July 5, 1994 SUBJECT: Hydraulic Analysis of Upper Valley Drainageway immediately east of County Road 79 OSM Project No. 1775.75 he ditch As a follow-up to your request, we have completed hydraulic tand provide ns the section in the above referenced area to estimate 100-year flood profile recommendations concerning ditch stabilization analysis,sthe followis that ng commebe nts are to prevent the ditch from scouring. Based on made: e 1. For the 650 foot reach from County Road easterly 1foot bottom and 4�:lhsidetch has a cross section consisting of approximately slopes. for 2. The ditch profile ranges from having a bottom slope of approximatelyhing in tey last the area within 450 feet of Country Road 79, to slopes ppr 200 feet, to the 18" CMP. East of the 18" CMP inlet, the slope approaches 10% as it downslopes to the basin. 3. Our hydrologic model for this area predicts a n 100y ear flood profile ear peak discharge orthrough this section of ditch at 331 cfs. The corresponding 100-y ear in the vicinity of the 18" CMP inlet is estimated at elevation 781.1. (The invert of the 18" CMP is set at approximately elevation 776.8, and the low building elevation immediately south of the ditch is at ) As a flood prof lle,of the this structure has in excess of 5 feet of freeboard to the 100-year ditch. 4. For the 100-year event, the velocity of flow in the ditch c in Inasarhaving slopes s of .1% is estimated at approximately 2 to 3 feet per swherethe5 feet ditch slope approaches 1%, the velocity is anticipated to be approximately per second. For slopes at 10%, the velocity will exceed 10 ft/sec. Engineers • Architects • Planners • Surveyors Dave Hutton July 5, 1994 Page 2 Typical channel design practices anticipate stable vegetative the velocity of flowi n the ed provided the channel vegetation is firmly established and channel does not exceed 5 feet per second. Given this consideration, d overis the ditch cross the following activities be undertaken to assist in establishing cover section in a short period of time: 1. Add 4" of topsoil and disk into existing soil in areas upstream of 18" CMP that do not have established vegetative cover. 2. Seed and stake wood fiber blanket with polyethylene mesh over the bottom and up the sides of the ditch, a distance of approximately 10 feet. 3. Double stake a double roll of hay bales every 50 feet over the areas that have slopes in excess of .1%. 4. Regularly maintain and repair any damage done to this channel section during periods of flow. 5. Provide water to the ditch section during periods of dry weather to assure vigorous growth is maintained. 6. Reshape ditch section and placeClass III rip rap over areas of ditch downstream of 18" CMP where slopes exceed H:\LASTWIABJFWATEMPRW\MEMOS\940706.DH 11111mtilli SHAKOPEE July 6, 1994 Mr. H.R. Spurrier 1717 Presidential Lane Shakopee, MN 55379 RE: Your Letter of June 19, 1994 Dear Mr. Spurrier: Attached please find a memo from Public Works Director David Hutton relative to questions you asked in your letter of June 19th. As is stated in Mr. Hutton' s memo, if you require additional information and work beyond what is contained in this memo the City will charge you according to our adopted fee schedule . Very truly yours, R• 1<tail Dennis R. Kraft City Administrator DRK:trw CC: David Hutton, P.W. Director COMMUNITY PRIDE SINCE 1857 129 Holmes Street South• Shakopee,Minnesota• 55379-1351 612-445-3650 • FAX 612-445-6718 MEMO TO: Dennis Kraft, City Administrator FROM: Dave Hutton, Public Works Director SUBJECT: Bo Spurrier Letter Dated June 19, 1994 DATE: June 23, 1994 The following response is provided to you regarding Mr. Spurrier's June 19, 1994 letter. all of r. I would like to first state that the Engineering Department hours of staff/consultanpted to t timerrespondling Spurrier's questions and have spent approximately to his questions. Most of his concerns are regarding the City's drainageway, which is our responsibility to design, construct and maintain and therefore any problems with this drainageway would not be the adjacent property owner's responsibility. It is my position that the Engineering Department has made adequate efforts to respond to Spurrier's resident's request request should be chargedtany back additional time or effort needed to fully satisfy according to our fee schedule. In any event, I will attempt to make one final response to the three points raised in his June 19, 1994 letter. 1. Name of the Contractor, Insurance Co., Letter of Credit, Etc. The drainageway and ponds adjacent to this property (Lot 1, Block 5,Meadows 4th) were constructed in phases as part of Meadows 1st, 2nd, 3rd 4th and 5th Subdivisions. All work in these subdivisions was accepted by the City and all Letters of Credit released. Subsequent to that work, City staff observed several areas of the drainageway that were experiencing erosion problems. As a result, Novak Fleck instructed their contractor working on Meadows 8th and 9th to repair theerodedareas. This work consisted of installing the 24" CMP inlet to the detention pond. I have attempted to find out from Mr. Spurrier what damage occurred to the subject property as a result of this work and apparently some property corners were disturbed. I contacted the engineer for Novak Fleck, Mr. Paul Cherne, on this and he indicated that they would reset any damaged corners for the property owner. The following list are the individuals that were involved. Developer: Novak Fleck, Wayne Fleck Engineer/Surveyor: Pioneer Engineering, Paul Cherne Contractor: Husting and Engstrom The City is also doing construction on the drainageway. Our contractor is Ryan Contracting and any potential claims resulting from their work can be submitted directly to my office. 2. The Amount of Topsoil Specified. The drainageway requires a minimum of 8" topsoil (see attached copy of the specifications). There are still areas on Ryan Contracting's project that have yet to be topsoiled and seeded but those will be done yet. In addition, there are areas within the Meadows that are short of topsoil and we are having Ryan Contracting also take care of those areas, including the channel adjacent to the concerned property. 3. Supplemental Plan for the Modification. There is no supplemental plan for the 24" CMP. This was installed as an erosion prevention device and was not designed to handle the hydraulic capacity of the channel. Low flow events will be handled by the culvert, but high flow events will overtop the culvert and flow down the channel to the pond. This overflow will still remain within the drainage easement. Again, this was installed as a temporary measure, but it could certainly remain as permanent once the City's contractor established the turf in the bottom of the channel and over the pipe. I have requested that our storm drainage consultant evaluate the hydraulic capacity of this pipe and to also evaluate other options for conveying the water down to the pond without erosion occurring and to make a recommendation to the City. This report should be done in the two weeks. As a side issue, the turf establishment within the channel bottom does take time. The first phase of the drainageway (east of County Road 17) took three years to fully establish the turf. In summary, I appreciate Mr. Spurrier's concerns but the project is still not complete. We are well aware of these issues and will be working towards the satisfactory completion of them. I have attached copies of my previous letters to Mr. Spurrier and feel free to send a copy of this letter to him with your response. DEH/pmp SPURRIER June 19, 1994 Mr. Dennis Kraft, City Ac inistrator City of Shakopee 129 South Holmes Street Shakopee, Minnesota 55379 Re: Mill Pond Watershed Hydrologic System between Vieriing Drive and County Road 79 Dear Mr. Kraft: Please be advised that after waiting for two months for information, this is the last pleasant request I plan to send the City on this matter. At issue is a request I made of the Public Works Director/City Engineer, Mr. Hutton, as a follow up to an inquiry I made on February S. 1994 (copy attached) . I made this inquiry for a family member that planned to purchase a home in Shakopee. After receiving a response to the February letter and inspecting information related to this site, I sent letters to Mr. Hutton on April 19 and May 3, 1994 (copies attached) , asking if seven specific pieces of information were available. I received a response to those letters and in my letter of May 15, 1994 (copy attached) noted that the most important questions were not answered. In a telephone conversation with Mr. Hutton I did get several lectures about how much work the City had to do for me and that it was doubtful he would do much more. I wanted the City to tell me if the following information was available. I did not ask the City to do any work. This is what I needed: o The name, address and person, persons or corporation responsible for the work on the modifications; the name, address and policy number of the developer's/contractor's insurance company; and the name of the institution holding the letter of credit for the work o The amount of top soil and required cover grass or legume specified and approved for this retention/detention pond so that erosion does not occur o The supplemental plan for the modifications to the outfall of the channel from County Road 79 (this is the part of the channel that abuts Lot 1, Block 5, the Meadows 4th Addition) that shows the design capacity of the modifications and its performance with a minor storm or a major storm Now, I am requesting that you provide a prompt written response to this request. Are the three items of information requested available? As I noted in my May 3 and May 15, 1994 letters, I want to know specific information about the work and how it was ordered. I am entitled to this information and as the City Administrator, you better feel an obligation to see that I receive this information. If you believe there should be a charge, fee or other expense in providing the information, notify me before you incur that expense. Please contact me by telephone if you can not provide this requested information in ten days. If you do not provide this information in the next ten days, rest assured that my future requests will use a more public forum. If you have any questions about the information I need, you may call me at 673-3611 during the day or at 496-0106 after hours. Sincerely, H.R. Spurrier 1717 Presidential Lane Shakopee, Minnesota 55379 CC: Linda Petrill