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HomeMy WebLinkAbout05/02/2000 TENTATIVE AGENDA CITY OF SHAKOPEE REGULAR SESSION SHAKOPEE, MINNESOTA MAY 2, 2000 LOCATION: 129 Holmes Street South Mayor Jon Brekke presiding 1] Roll Call at 7:00 p.m. 2] Pledge of Allegiance 3] Approval of Agenda 4] Mayor's Report A] Resolution of Appreciation to Darlene Menke—Res.No. 5356 5] Approval of Consent Business—(All items noted by an * are anticipated to be routine. After a discussion by the Mayor,there will be an opportunity for members of the City Council to remove items from the consent agenda for individual discussion. Those items removed will be considered in their normal sequence on the agenda. Those items remaining on the consent agenda will otherwise not be individually discussed and will be enacted in one motion.) 6] RECOGNITION BY CITY COUNCIL OF INTERESTED CITIZENS—(Limited to five minutes per person/subject. Longer presentations must be scheduled through the City Clerk. As this meeting is cablecast, speakers must approach the microphone at the podium for the benefit of viewers and other attendees.) *7] Approval of Minutes: March 21, 2000 *8] Approval of Bills in the Amount of$294,926.73 9] 7:00 p.m. Public Hearings A] Currency exchange license for Checks Cashed of America,LLC—Res.No. 5354 B] Property tax abatement to ADC Telecommunications for property located east of the intersection of Valley Industrial Boulevard North and Valley Park Drive—Res.No. 5357 10] Communications 11] Liaison Reports from Council Members 12] Recess for Economic Development Authority meeting - ni 0 M .T/ G- 13] Re-convene TENTATIVE AGENDA May 2, 2000 Page -2- 14] Recommendations from Boards and Commissions 15] General Business A] Parks and Recreation 1. Joe Schleper Baseball Stadium Project Change Order B] Community Development 1. Individual Sewage Treatment System(ISTS)Management *2. ADC Telecommunications Environmental Assessment Worksheet(EAW) *3. Shakopee Crossings Alternative Urban Areawide Review(AUAR) *4. Initiate Vacation of 5th Avenue between Jefferson and Adams—Res.No. 5355 *5. Initiate Vacation of a Portion of Harrison Street—Res. No. 5358 C] Public Works and Engineering *1. Traffic Control Signage Changes for Olympic Pools D] Police and Fire *1. Surplus Property 2. Community Oriented Policing Services(COPS) Universal Hiring Program(UHP) E] Personnel • *1. Completion of Probation for Tami Vidmar *2. Hiring Records Technician for Police Department *3. Hiring a Community Service Officer(CSO) *4. Hiring a Facilities and Recreation Director *5. Amendments to Personnel Policy-Res. No. 5353 F] General Administration: 1. Schedule Workshop to Discuss Downtown Development Issues *2. City parking Lot Use During Derby Days—tabled 4/18 *3. Increase in Compensation for Shakopee Public Utilities Commissioners—Res. 5359 16] Council Concerns 17] Other Business 18] Adjourn to Monday, May 15, 2000, at 5:00 p.m. SHAKOPEE POLICE DEPARTMENT Memorandum TO: Honorable Mayor and City Council Mark McNeill, City Administrator FROM: Dan Hughes, Chief of Police b, SUBJECT: Resolution of Appreciation—Darlene Menke DATE: April 26, 2000 INTRODUCTION: By resolution Council is asked to present a Lifesaving Award from the City of Scottsdale, Arizona to Shakopee resident Darlene Menke. BACKGROUND: Attached is a letter to me from Scottsdale Police Department requesting the Shakopee Police Department's assistance in recognizing Darlene Menke in her hometown. Council is asked to present to Ms. Menke the attached Scottsdale Police Department Certificate of Appreciation in recognition for her lifesaving skills. Ms. Menke performed CPR on an elderly gentleman who had suffered a heart attack and continued CPR until paramedics Ili arrived, which saved this man's life. RECOMMENDATION: Staff recommends that Ms. Menke be presented with the Scottsdale, Arizona Certificate of Appreciation and City of Shakopee Resolution of Appreciation No. 5356. ACTION REQUESTED: If Council concurs it should offer Resolution No. 5356, a Resolution of Appreciation to Darlene Menke, and move its adoption. DH:pm Attachments: From Scottsdale PD: Letter to Darlene Menke, Letter to Chief Dan Hughes, Certificate of Appreciation CfSCpti, ft +x4.1 Z O*p POLICE DEPARTMENT April 14, 2000 An Internationally Accredited Police Agency Since 1994 Darlene Menke 1185 Shumway St. Shakopee MN 55379 9065 E.VIA LINDA SCOTTSDALE,AZ 85258 (480)312-5000 Dear Darlene: (480)312-5097 FAX On February 26 2000, you were playing golf at the Continental Golf Course in Scottsdale Arizona. You witnessed an elderly gentleman have a heart attack on the practice green and immediately jumped in and began CPR. Shortly thereafter paramedics arrived and took over for you. As on officer assigned to the greenbelt areas of Scottsdale I soon arrived and spoke to you about the incident. I then found out from the Paramedics that had it not been for your immediate response the gentleman may have died. I want you to know the gentleman survived due to your efforts and is alive today because you were not afraid to help. For your efforts, I am enclosing a Scottsdale Police Lifesaving Award. Thank you for your help and I know at least one man who can thank you for the rest of his life. Sincerely, 10 .ez, ,.._ .... CJ Keith C. Swanson #628 Scottsdale Police Officer Printed on recycled paper jjjcj$ 4411 I 0,"‘",/ Np April 14, 2000 POLICE DEPARTMENT Chief Dan Hughes An Internationally Accredited g Police Agency Since 1994 Shakopee Police Department 476 Gorman Shakopee,Minnesota 55379 Chief Hughes: On February 26, 2000 at 10:00 A.M., Officer Laurie Pedley #624 and I were 9065 E.VIA LINDA dispatched to the Continental Golf Course at 7700 Osborn in Scottsdale for a SCOTTSDALE,AZ 85258 subject down. Upon our arrival, paramedics from the Rural Metro Fire Department were attending to a subject who was not breathing and had no (480)312-5000 pulse. As the paramedics worked to save this man's life, I asked the bystanders (480)312-5097 FAX what had happened. One of your citizens, Darlene Menke, approached me and told me what happened. She said she was on one of the tees when she saw the elderly gentleman go down. She immediately rushed over and began CPR. Darlene continued her work on the man until paramedics arrived. As we continued our investigation, I checked the subject's vital signs on the monitor. The man had a pulse and was breathing again. I spoke to the paramedics about the subject's condition. They said, "We would not have had a chance, but she got to him quickly and that saved his life." The paramedics were referring to Darlene. After the man was transported to Scottsdale Healthcare Hospital, I checked back on his condition and I am happy to say he survived. Had it not been for Darlene's quick thinking and response, this man would not be alive today. Chief Hughes, I would like to thank you for helping me recognize Darlene in her hometown. In our world today where many people are too busy to get involved,it is good to know that people like Darlene are still around. From one Minnesota boy down in the desert, GO VIKINGS!!!! Sincerely, 1 C: �: -; r 0 • Keith C. Swanson #628 Scottsdale Police Officer Printed on recycled paper OFFICIAL PROCEEDINGS OF THE CITY COUNCIL ADJ.SPECIAL.SESSION SHAKOPEE,MINNESOTA MARCH 21,2000 Mayor Brekke called the meeting to order at 7:00 p.m. with Councilmembers Link, Morke, Amundson and Sweeney present. Also present: Bruce Loney, Public Works Director/City Engineer,R. Michael Leek, Community Development Director;Paul Snook,Economic Development Coordinator, Gregg Voxland, Finance Director and Acting City Administrator,Tim Thomson, City Attorney; Judith S. Cox, City Clerk. The pledge of allegiance was recited. The following item was added to the agenda: 15.E.4. To accept resignation of Mike Huber from the Engineering Department and authorize the Engineering Department to fill the vacancy. The following item was deferred until a future meeting; 15.F.8. Elementary School Site MUSA. Sweeney/Amundson moved to approve the agenda as modified. Motion carried unanimously. The Mayors report for this evening consisted of a special presentation for excellence in development for affordable housing. Mr. Bill Jaffa, executive director of the Minnesota Scott County Housing Redevelopment Authority, said this award was funded through the McKnight Foundation as part of the Children, Families, and Learning Department and the contributions from Scott County Housing and Redevelopment Authority and the efforts of the CAP agency. Kathrine Hadley of the Minnesota Housing Finance Agency presented this award to Mayor Brekke on behalf of the City of Shakopee and to Jon Albinson accepting on behalf of Valley Green Business Park for the Evergreen Heights townhomes and Childcare Center development. The following items were added to the Consent Agenda 15.A.4. Initiating Vacation of a Portion of Scott Street and Alley south of ld Avenue for Stemmer Farm and Garden Supply-Res. No. 5335; 15.C.1. Adopting 1998 Minnesota Uniform Fire Code and Standards of the National Fire Protection Association-Ord. No. 566; 15.C.2. Adopting Policies of the Shakopee Fire Prevention Bureau-Res. No. 5332; 15.D.1. The Tree Trust Project for ODowd Lake Park; 15.E.2. Authorizing Hiring of Maintenance Workers For Public Works Department;15.E.3. Authorize Advertising for New Position in the Finance Department, 15.E.4. Accept the Resignation of Mike Huber from the Engineering Department and Authorize Hiring for Engineering Position; 15.F.6. City Participation-Water Treatment Plant Feasibility Study. The following items were removed from the Consent Agenda: 14.A. Final Plat of Classics at Southbridge 2'd located north of Southbridge Parkway-Res. No. 5328; 14.B. Final Plat of Orchard Park West PUD 4th located north of Vierling Drive and west of Fuller Street-Res. No. 5330; 14.C. Final Plat of Pheasant Run 4th located east and west of Pondsway extended and north of Valley View Road-Res. No. 5330; 15.B.4. Request of Centex Homes Regarding Hourly Restrictions on Construction Activities for Classics at Southbridge 2°1 Addition. Link/Morke moved to approve the Consent Agenda as modified. Motion carried unanimously. OFFICIAL PROCEEDINGS OF THE MARCH 21,2000 SHAKOPEE CITY COUNCIL PAGE 2 Mayor Brekke asked if there were any interested citizens in the audience who wished to address the City Council on any item not on the agenda. Dick Stoks, 1076 South Madison, Shakopee, approached the podium and asked the City Council to vacate two parking stalls at 135 South Atwood and to limit parking in the other two parking stalls on 135 South Atwood to a two hour maximum between the hours of 7:00 a.m and 6:00 p.m. Mr. Loney will follow up on this request and will report back to the Council on this issue. Sweeney/Amundson moved to approved the Minutes of August 26, Adj. Regular Session and November 9, Adj. Regular Session 1999. Motion carried unanimously with Cncl. Morke abstaining. Link/Morke moved to approve the Minutes for Jan. 3, Special Session and Jan. 4, Regular Session of 2000. Motion carried unanimously with Cncl. Amundson abstaining. Link/Amundson moved to approve the Minutes of Jan. 18, Adj. Regular Session of 2000. Motion carried unanimously. Link/Morke moved to approve the Bills in the amount of$688,043.67. (Motion carried under the Consent Agenda.) Mayor Brekke opened the public hearing on the proposed vacation of a portion of Webster Street between 3`d and 4th Avenues, Resolution No. 5323. R. Michael Leek approached the podium and reported on the proposed vacation of Webster Street. This vacation of the right-of-way is an attempt to facilitate access to the Shakopee Services site. Mr. Leek said the Planning Commission reviewed this proposal at its meeting of March 9, 2000, and recommended approval of the vacation of the right-of-way with retaining easement rights by a unanimous vote. Mike Sperr, representing the applicant Shakopee Services, approached the podium and told the Council that this proposed vacation of right-of-way will let Shakopee Services use the land in a more useful way. This land will be used as an entrance onto the property. Mayor Brekke asked if there was anyone else in the audience who wished to address the proposed vacation. There was no response Mayor Brekke declared the public hearing closed. Cncl. Link felt the entrance to the property would be a benefit to the City. OFFICIAL PROCEEDINGS OF THE MARCH 21,2000 SHAKOPEE CITY COUNCIL PAGE 3 Link/Morke offered Resolution No. 5323, A Resolution of the City of Shakopee Vacating a Portion of Webster Street in The Original Shakopee Plat, City of Shakopee, Scott County, Minnesota, and moved its adoption. Motion carried unanimously. Mayor Brekke opened the public hearing on the proposed vacation of easements in Killarney Hills for a day care facility, Resolution No. 5325. R. Michael Leek approached the podium and reported on the proposed vacation of easements for a daycare facility in Killarney Hills. This proposed vacation is for the vacation of drainage and utility easements in a portion of the vacated street and is located adjacent to the Evergreen development. Part of the utility and drainage easements already have been vacated in the Killarney Hills plat. The easements required by the City would be acquired as the property is developed and reviewed for the day care center. There will be at least a CUP review when the dedication of easements can be acquired if required. This resolution does include a new 10 foot easement along the north property line adjacent to C.R. 16. The rights-of-way were previously vacated by the City but the easements were left in place. The Planning Commission reviewed this proposal at its March 9, 2000, meeting and recommended approval of the vacation subject to dedication of the 10 foot easement adjacent to C.R. 16 with a unanimous vote. Mr. McClanahan, representing Evergreen Real Estate, approached the podium and said this easement is for clean up purposes. These easements would be cleaned-up and one easement established for the day care facility would be located along the north property line of C.R. 16. Mayor Brekke asked if there was anyone in the audience who wished to address the proposed vacation. There was no response Mayor Brekke declared the public hearing closed. Sweeney/Amundson offered Resolution No. 5325, A Resolution of the City of Shakopee Vacating Easements Dedicated in the Kilarney Hills Addition, City of Shakopee, Scott County, Minnesota, and moved its adoption. Motion carried unanimously. Mayor Brekke opened the public hearing on the proposed 2000 street reconstruction project No. 2000-4, Resolution No. 5319. C . Link removed himself from discussion on this public hearing because he owns property in the area. Mr. Bruce Loney, Public Works Director, approached the podium and reported on the street improvements of: 3`i Avenue, from C.R. 69 to Shumway Street, Shumway Street, from 3'd Avenue to 2°d Avenue; and Harrison Street, from 6th Ave. to 3rd Avenue. This project would include installing sanitary sewer, watermain where there is none, along with much reconstruction on current storm sewers, curb& gutters, street reconstruction, and installing more street lighting. On November 3, 1999, the City Council ordered the preparation of a feasibility report for the above mentioned project. OFFICIAL PROCEEDINGS OF THE MARCH 21,2000 SHAKOPEE CITY COUNCIL PAGE 4 The 3`d Avenue, from C.R. 69 to Shumway area is a 24 foot roadway with storm sewer catch basins and the pavement is all broken up with gravel shoulders and the road is poorly drained. This area of the City is mainly commercial and industrial with small pockets of residential. The upgrade would consist of a 40 foot urban roadway to match the current catch basins. This would basically be a 40 foot frontage road along C.R. 69. Also the intersection at 3'd Avenue and C.R. 69 would be improved. Third Ave. would be a 9-ton roadway so trucks in the industrial area could use the road. The improvements to the 3"d Avenue area would be a rebuilt sanitary sewer system(this is in poor shape and needs to be rebuilt one way or the other), extension of the sewer line to service commercial properties(when/if the street is improved [the sewer needs to be done when the street is done]) along with an improved intersection at 3'd Avenue and C.R. 69. There were two alternatives possible for the Harrison Street watermain portion of the project. The first alternative is the alternative most accepted by the residents for the watermain portion. This was the alternative where the watermain is installed per Shakopee Public Utilities and is extended to provide service. The residents preferred alternative four for the improvement of Harrison Street, from 6th Ave. to 3'd Avenue. This alternative proposes an overlay crack and seal procedure for Harrison Street. The road way will be very strong with this procedure. The improvements for Shumway Street, from 3°d Avenue to 2nd Avenue include reconstruction along 2°d and 3"d Avenues, extending the watermain as requested by Shakopee Public Utilities, extending the sanitary sewer along 3"d Avenue to provide two buildings that do not have sanitary sewer at this time. Shumway Street does have curb and cutter at this time, the upgrade will be to make Shumway Street a forty-four foot widestreet. With a forty-four foot wide street the houses would be close to the Street. The residents have requested a thirty six foot wide street instead and this would be satisfactory with the City Engineer. There are two parcels in this area and the sanitary sewer would need to come from Second Street to service these parcels if the sewer isn't done at this time. The properties owners were meet with and the property owners are not interested in the sanitary sewer. The issues involved in this project are; If 3`d Avenue is reconstructed now then we need to put the sanitary sewer in now- Wit is not put in now then the sanitary sewer needs to stop at Harrison Street. The sanitary sewer needs to be installed now because this is a bedrock area and the street itself will be disturbed if the sewer is done at a later time. The Harrison Street alternative No. 4 seems to best fit the needs of the property owners and is the least cost to the City. The cost of the project on the street improvements of: 3`d Avenue, from C.R. 69 to Shumway Street, Shumway Street, from 3`d Avenue to 2°d Avenue; and Harrison Street, from 6th Ave. to 3rd Avenue, as recommended based on alternative# 1 for the Harrison Street watermain and alternative#4 for Harrison Street is $1,298,868.71. The funding of this project breakdowns per the feasibility report as follows: Assessments approximately$487,000, Sanitary Sewer Enterprise Fund approximately$75,000, Shakopee Public Utilities approximately$128,000, Storm Drainage Enterprise Fund approximately 75,000, and a general tax levy of approximately$534,000. OFFICIAL PROCEEDINGS OF THE MARCH 21,2000 SHAKOPEE CITY COUNCIL PAGE 5 The assessments on this project are quite considerable and the property owners are thinking the way the assessments are being assessed needs to be rethought. Mr. Loney requested direction from the Council on how these assessments should be determined. Mr. Loney continued stating that there was an informational meeting held March 13, 2000 for the property owners affected by this project. The property owners were basically in support of the project. They had a few questions and comments such as: truck routing signs need to be incorporated with the improved streets, [this can be done in the design stage] they wondered if the right-of-way on Harrison Street could be reduced from 100 feet, [this is possible] along with Shumway Street being reduced in width from 44 feet to 36 feet. [this is possible also] along with concerns if the City should pay for the portion of 3'I Avenue adjacent to C.R. 16. Mr. Bill Jirik,Minnesota Plumbing and Heating, approached the podium and asked that truck signage be addressed. He also requested that the proposed 100 foot width of Harrison Street be revisited and narrowed. He preferred watermain alternative No. 1. According to Mr. Loney this is a tough project area because there is rock in this area and once the street is improved any other new improvements will injure the improved road because of the rock. Mayor Brekke declared this a public hearing and asked if there was any one else from the audience who wished to address this project. Nancy and Pat Blood, 714& 718 West 314 Avenue, approached the podium. They objected to the assessments because with both lots they had 240 feet of linear footage. The garage on their property is commercial property and that has sanitary sewer and they were told that they could T into that line. The have a small house and the assessments are very disproportionate to the cost of the house. Then there is Friendship Manor along 314 Avenue and they have no assessments because they already have sanitary sewer. Mr. Mike Gilbertson, owner of Cars by Owners, 1480 Third Ave. West, Shakopee, Minnesota, approached the podium and addressed the Council. When he purchased this land in 1997, he was told then by the engineering department that the sewer and water would be approximately 10-15 years off. He got a CUP and building permit for his property and the sanitary septic system and well that he has was approved with this building permit. This septic system works for them. He did not feel that all these assessments were necessary, as he had no need for sewer and water. He was in favor of the street itself being improved. Mr. Michael Gilbertson, 1480 Third Ave. West, Shakopee,Minnesota, submitted a letter to Mr. Loney dated March 3, 2000, objecting to the sewer and water proposal for the Third Street improvement. Mr. Gilbertson also submitted a letter dated March 15,to the City Council stating that he would appeal any assessments levied against his property as a result of this proposed public improvement. The assessments proposed are somewhere between$94,000 and $139,000. One of his two lots has sanitary sewer and the other lot does not need it. He feels this is a fairness issue. OFFICIAL PROCEEDINGS OF THE MARCH 21,2000 SHAKOPEE CITY COUNCIL PAGE 6 Also Mr. Bill Jirik of Minnesota Plumbing and Heating Inc., 1420 3M Ave. South Shakopee, Minnesota, submitted a letter dated 3/20/00 to Mr. Loney in which he objected to the curb and gutter assessments along a portion of 3"4 Ave. Mayor Brekke asked Mr. Loney to explain what a 9 ton road was. Mr. Loney explained. Mayor Brekke asked Mr. Gilbertson if he was currently opposed to the project. Mr. Gilbertson replied if the project includes sanitary sewer to his property he was opposed. He was opposed to the way the assessments were formulated. Norm Schmitt, 963 Atwood, approached the podium. He addressed the Council and said he would like a nine ton road. He felt the assessments were acceptable. If the bids came in too high, he did want the project put on hold. He wanted the assessment hearing when the bids came in and before the bids were awarded. He expressed concern about when the construction would begin because he did not want 3"I Avenue under construction when school started in the fall. It would be difficult for the school buses to exit to 3`d Avenue. Mr. Loney said this was a very unique situation and the assessments did not fit the City policy. Mike Sperr, 554 5'h Avenue, Shakopee Services, approached the podium and addressed the Council on the issue of curbing and water main in front of his business. Because he has school buses, he needs the whole parking lot as a driveway entrance/exit. He has a watermain in his commercial area and there is no need of this one. Mr. Loney will look into the driveway issue and work with Mr. Sperr. Mayor Brekke requested Mr. Loney to follow up on the Mike Sperr parking lot situation by analyzing the situation and bring the issue back before the City Council when it has been analyzed. Mr. Cletus Link, 1216 Jefferson, approached the podium and told the Council that he was generally in favor of the project. The improvements are long over due but if this causes a financial burden to others he can live without the project. He did question the width of Harrison Street. He felt it was a waste of good land having Harrison Street 100 feet wide. He would like to apply for partial vacation of the right-of-way along this street. Mayor Brekke declared the public hearing closed. There was a consensus to include sewer and water in 3M Avenue and to do Alternative 4 for Harrison Street. Sweeney/Morke offered Resolution No. 5319, A Resolution Ordering an Improvement and Preparation Of Plans and Specification for the 2000 Reconstruction Project No. 2000-4, and moved its adoption. Motion carried unanimously with Cncl. Link abstaining. OFFICIAL PROCEEDINGS OF THE MARCH 21,2000 SHAKOPEE CITY COUNCIL PAGE 7 Sweeney/Morke moved to direct staff to take the appropriate action on Harrison Street to allow for a reduction of the 100 foot width right-of-way. Motion carried unanimously with Cncl. Link abstaining. Cncl. Sweeney recommended holding the assessment hearing when the bids for the project are received and before the awarding of the bids has not taken place. Mr. Loney said this way was possible, but if the assessment hearing was done this way, it would be later this summer when the project started and perhaps the entire project would not get done this year. The City Attorney noted that the assessment total must be included in the hearing notice. He will work with Mr. Loney on determining when the assessment hearing would be, awarding the bids and setting the public hearing date. He had direction as to when this assessment hearing was wanted. Cncl. Sweeney also stated that if sewer and water were provided in 3''Avenue to Shumway Street the main must be looped, this was required by Shakopee Public Utilities. He asked if people are opposed to the sewer and water in the commercial area on 3rd Avenue, can they just not have access to it. Mayor Brekke requested Shumway Street be reduced in width from 44 feet to 36 feet. A recess was taken at 8:13 p.m. for the purpose of conducting an Economic Development Authority meeting. The meeting was reconvened at 8:43 p.m. Amundson/Link moved to accept the recommendation of the EDA and directed staff to prepare a "SubsidyAgreement" between the EDA, City Council, ADC Telecommunications, Inc. and Scott County. Motion carried unanimously. Amundson/Link moved to accept the recommendation of the EDA and set a date of May 2, 2000 for a public hearing of the Economic Development Authority and City Council on the proposed tax abatement for ADC Telecommunication, Inc. Motion carried unanimously. Mr. Leek approached the podium and explained the Community Development/Planning Plan for plats after tonight's meeting, whether the plats are preliminary or final. He stated that the water issue was discussed at the March 16, 2000, City Council meeting. He would like Shakopee Public Utilities to comment on preliminary and/or final plats if there is adequate water without wells nos. 10 and 11 for each specific proposal. If Shakopee Public Utilities says there is enough water, then the application can proceed, if they respond no there will not be enough water available for that area, then the applicant can no longer proceed with that particular proposal until the water does becomes available and if there is no response then the plat should be continued at the public hearing until there is comment from Shakopee Public Utilities. The City is trying to get more specific information and parameters on the water issue. The DNR has been contacted. Mr. Lou VanHout from Shakopee Public Utilities has been requested to attend the April City Council OFFICIAL PROCEEDINGS OF THE MARCH 21,2000 SHAKOPEE CITY COUNCIL PAGE 8 meeting to talk about specific aspects of Shakopee's water supply system. He was sent a letter in February regarding the water demands of future developments. Mayor Brekke recommended that Michael Leek be directed to implement his suggestion that Shakopee Public Utilities review and comment regarding the water supply without wells Nos. 10 and 11 regarding any preliminary or final plats after the March 21, 2000 City Council meeting. Morke/Sweeney offered Resolution No. 5328, A Resolution of the City of Shakopee, Minnesota, Approving the Final Plat of The Classics at Southbridge ri Addition, and moved it adoption. Motion carried unanimously. Morke Sweeney offered Resolution No. 5329, A Resolution of the City of Shakopee, Minnesota, Approving the Final Plat of Orchard Park West PUD 4th Addition, and moved its adoption. Motion carried unanimously. Morke Sweeney offered Resolution No. 5330, A Resolution of the City of Shakopee, Minnesota, Approving the Final Plat of Pheasant Run Fourth Addition and moved its adoption. Motion carried unanimously. Steve Ach, representing Centex homes, approached the podium regarding the noise abatement issue. In the first phase of the Classics at Southbridge development there is a home located close to the by-pass, however, Centex is not required to put up sound walls for this phase. The sound wall will be included in the second phase. There is language in the resolution to this effect. Centex is trying to educate the home buyers as to where the noise abatement wall will be located. They will make up a noise disclosure statement regarding this area telling the home buyers what they can/cannot do with the noise abatement wall. Mayor Brekke asked Steve Ach how far the sound wall in the second phase would need to be extended to serve this home located near the by-pass in phase one. One of the reasons this home is not included in the sound abatement wall in the first place is because there are gas main easements and a trail easement by this home. Mayor Brekke remembered from previous dialogue that this extension would not be a problem. Mr. Ach replied that what Centex is trying to do is follow the noise analysis of WSB. The City is recognizing possible resident complaints of noise coming because of the by-pass. Cncl. Link asked if there was some type of document between the developer and the homeowner that would hold the City harmless. The City does have some noise mitigation measures in the final plat approval. City staff will relook at the Centex development phase one to see that all of the conditions are met. Tim Thomson, City Attorney, said under State Law all that is required is that when a final plat is approved reasonable measures to mitigate the noise impacts need to be taken. This has been done for the first phases of the Classics at Southbridge. Link/Morke moved to approve the Transit Services Contract between the City of Shakopee and Laidlaw Transit Services, Inc. and authorize the appropriate City Officials to execute said OFFICIAL PROCEEDINGS OF THE MARCH 21,2000 SHAKOPEE CITY COUNCIL PAGE 9 contract, as well as extend the term of the contract for one year under the rates, terms and conditions set forth therein. (Motion carried under the Consent Agenda.) Link/Morke moved to approve a motion granting extension of the preliminary plat approval for Westridge Lake Estates to April 1, 2001. (Motion carried under the Consent Agenda.) Link/Morke offered Resolution No. 5335, A Resolution Setting the Public Hearing Date to Consider the Vacation of a Portion of Unnamed Alley and Scott Street Adjacent to Block 19, Original Shakopee Plat, and moved its adoption. (Motion carried under the Consent Agenda.) Link/Morke moved to authorize the appropriate City officials to execute the consultants contract extension agreements for WSB & Associates, Inc. and Bolton&Menk, Inc. as prepared by the City Attorney. (Motion carried under the Consent Agenda.) Steve Ach, representing Centex homes, approached the podium again to address the request of Centex Homes regarding hourly restrictions on construction activities. He is requesting that Centex Homes be allowed an earlier start time on Saturday's than City code allows. The earlier hours are being requested to expedite work in an attempt to meet the schedule for this project. If there are any complaints after work begins on Saturday's the hours will be dealt with. The wording was changed from the word "excessive" to "any". The wording of the second condition was changed to read: if any residential complaints are received by the City, the variance can be revoked at the discretion of the of the City Engineer. The applicant agreed with the word change. Sweeney/Amundson moved to approve the suspension of City Code Sec. 10.60, Noise elimination and Noise Prevention, Subd. 3, Hourly Restrictions on Certain Operations, D, as requested by Centex homes, to allow work on Saturdays between 7:00 a.m. and 5:00 p.m. and to direct staff to publish notice of the suspension terms with the conditions as recommended by staff: 1) noise exposure is minimized near residential areas, 2)if any residential complaints are received by the City, the variance can be revoked at the discretion of the City Engineer, and 3)blasting activities must be done from 8:00 a.m. to 5:00 p.m. Motion carried 4-1 with Morke dissenting. A recess was taken at 9:03 p.m. The meeting re-convened at 9:13 p.m. Link/Morke moved to authorize publication of notice in the "EQB Monitor" and the distribution of the draft AUAR for Valley Green Corporate Center for review and comment only. Motion carried unanimously. Mayor Brekke opened the discussion on the investigation of property acquisition and/or landscaping for CSAH 17 Project No. 1999-7. Sweeney/Amundson moved that staff be directed not to proceed with property acquisition for the five residential properties along the west side of C.R. 17 and south of 17th Avenue, based upon the information provided. OFFICIAL PROCEEDINGS OF THE MARCH 21,2000 SHAKOPEE CITY COUNCIL PAGE 10 Mayor Brekke asked Mr. Loney if he wished to make any comments on this aforementioned issue. Mr. Loney's responded that he had nothing to add that wasn't covered in his memo. Cncl. Link said he would like to see the City set up a fund to help the people along CSAH 17 and south of 17th Ave. He would like to see the City, developer, and county take some responsibilities for the problems that will affect these five residences after this County Road is improved. The improvement is driven by the development. Cncl. Morke was unwilling to accept the design of this county road just because the design needed to meet State and County standards; it was unacceptable to him because of the safety hazards these residents would have to contend with. Cncl. Sweeney was uncomfortable asking the taxpayers to fund the buyout of these five residences after he looked at the costs involved. Mr. Loney said this project needed to be done to prevent more traffic congestion when the new Target Store was completed and there is a school and other commercial entities in this area. He also said the traffic signals would help make the area safer for the residents. Lance Nemanic, 1712 Marschall Road, approached the podium and addressed the Council. He told the Council he felt that the acquisition of the residences was not the way to go. He and his wife came up with what they thought was a solution;they felt some noise abatement considerations was probably the best solution to the problem. There really is no easy solution to this problem. Some noise abatement considerations would be: solid doors, windows, insulation, landscaping, etc. Tony Kervena, 1752 Marschall Road, was concerned about pulling out on to this road in the winter with just a two foot shoulder. Karen Cook, 1772 Marschall Road wanted to know if it was possible to change the drives to go out back of the yards and connect up with the road in the Pulte development. Mr. Loney checked with Dennis Griswold, who is with the Pulte development, and the Pulte development was against the idea of these residents using their road. The idea of an alley was not doable unless all the residents wanted it. Motion carried unanimously. Sweeney/Amundson moved to direct staff to begin a landscaping plan with alternatives using Brauer& Associates for the five residential properties along CSAH 17 and to have each resident involved in designing the plan, and to come back to the City Council with recommendations. Motion carried unanimously. Morke/Sweeney moved to direct staff to put together a list of noise abatement alternatives for the five residential properties along CSAH 17 using Brauer and Associates and to come back to the City Council at a later date with recommendations. Mayor Brekke wanted each of the five residential properties to receive the same amount of money for the noise abatement considerations. OFFICIAL PROCEEDINGS OF THE MARCH 21,2000 SHAKOPEE CITY COUNCIL PAGE 11 Mr. Loney will follow up with the county on the noise abatement alternatives for CSAH 17 and also follow-up with the County on the City receiving a refund from the County for funding this project initially. Walls along CSAH 17 really are not the answer to the noise because they will not be effective due to the driveway openings. Motion carried unanimously. Sweeney/Link offered Resolution No. 5331, A Resolution Approving Plans and Specifications And Ordering Advertisements For Bids For Gorman Street, from 4'h Avenue To County Road 17 Project No. 2000-1, and moved its adoption. Mayor Brekke asked Mr. Loney to talk about Mr. Norris'letter and the trail request. The letter from Mr. Brian Norris regarding the plantings and trail placement by the drive-up for Citizens State Bank,1100 East 4th Avenue located adjacent to the Gorman Street project was considered. Mr. Loney said the problem of moving the road to allow the plantings to remain is if the road was moved more than two feet then there were problems with other utilities. It was agreed that the eight foot wide trail would be moved next to the curb in this area, approximately 20 feet, so that the plantings could remain. There was a slight discussion on a sidewalk versus a trail. Motion carried unanimously. Link/Morke offered Resolution No. 5334, A Resolution Accepting Work On The Downtown Alleys Project No. 1993-9, and moved its adoption. (Motion carried under the consent Agenda.) Link/Morke moved to authorize the purchase of a MicroView-400 Pipe Inspection/Location Video System from MacQueen Equipment, Inc. for the purchase price of$6,595 with payment to be funded by the Sanitary Sewer Fund. (Motion carried under the Consent Agenda.) Link/Morke moved to authorize the purchase of one new Toro Groundmaster 580D 16-foot rotary mover, utilizing State bid pricing, from MTI Distributing Co. for the purchase price of $69,132.35 with payment to be expended from the Capital Equipment Fund. (Motion carried under the Consent Agenda.) Link/Morke offered Ordinance No. 566, Fourth Series, An Ordinance Adopting the 1998 Minnesota Uniform Fire Code And Standards of the National Fire Protection Association by Amending Section 10.35 of the City Code and Adding Section 10.351 To the City Code, and moved its adoption. (Motion carried under the Consent Agenda.) Link/Morke offered Resolution No. 5332,A Resolution Adopting the Policies of the Shakopee Fire Prevention Bureau, and moved its adoption. (Motion carried under the Consent Agenda.) OFFICIAL PROCEEDINGS OF THE MARCH 21,2000 SHAKOPEE CITY COUNCIL PAGE 12 Link/Morke moved to declare the 1984 Buick Skylark(Mn license plate 160MJN) as surplus property in accordance with City Code 2.70s3A, and direct that the Police Chief to dispose of the vehicle as expeditiously as possible. (Motion carried under the Consent Agenda.) Link/Morke moved to approve the ODowd Lake Park Project, whereby, the Minnesota Tree Trust Program provides labor and supervision and the City of Shakopee provides funding up to $25,000 for materials from the Park Reserve Fund. (Motion carried under the Consent Agenda.) Link/Morke moved to authorize the appropriate City Officials to enter into a 48-month lease agreement with Coordinated Business Solutions, Ltd. For a Mita Point Source Ai4040 copier at $343.20 per month. (Motion carried under the Consent Agenda.) Link/Morke moved to accept the resignation of employment from Tom Voll, Engineering Technician II, effective March 29, 2000 and to authorize the appropriate City staff to utilize Scott County in advertising and hiring an Engineering Technician II. (Motion carried under the Consent Agenda.) Link/Morke moved to authorize the hiring of Jess Haeg and Jesse Friendshuh as Public Works Maintenance Workers and to be hired at Step 1 ($14.26/Hr.)of the 2000 Public Works Union Pay Schedule, effective March 22, 2000 for Jesse Friendshuh and April 3, 2000 for Jess Haeg, subject to a successful pre-employment physical and background check. (Motion carried under the Consent Agenda.) Link/Morke moved to authorize the appropriate persons to proceed with the recruitment process to fill the new Accounting Clerk position (Motion carried under the Consent Agenda.) Link/Morke moved to authorize staff to advertise and hire an Engineering Technician III to fill the vacancy left by Mike Huber's resignation effective March 31, 2000, contingent upon his passing of a pre-employment physical for the City of Lakeville and to authorize staff to utilize engineering consultants as necessary, to assist the department until vacancies are filled. (Motion carried under the Consent Agenda.) Link/Morke offered Resolution NO. 5333, A Resolution Apportioning Assessments Among New Parcels Created As A Result of the Platting of Condominiums of Shenandoah Place 2, and moved its adoption. (Motion carried under the Consent Agenda.) Link/Morke moved to approve the application and grant a Pawnshop License to TBOF, LLC dba Shakopee Pawn, 1147 Canterbury Road, Shakopee, Minnesota. (Motion carried under the Consent Agenda.) Link/Morke moved to approve the application and grant a Pawnbroker, Precious Metal Dealer and Secondhand Dealer's license to Frank John Marzario, TBOF,LLC dba Shakopee Pawn, 1147 Canterbury Road. (Motion carried under the Consent Agenda). OFFICIAL PROCEEDINGS OF THE MARCH 21,2000 SHAKOPEE CITY COUNCIL PAGE 13 Link/Morke moved to approve employee licenses for the following employees of TBOF, LLC dba Shakopee Pawn: Tim Rocheford, Kraig Ellingson and Joe Arthur. (Motion carried under the Consent Agenda.) Link/Morke moved to remove from the table the applications from TL Foods,LLC for on-sale and Sunday on-sale intoxicating liquor licenses. (Motion carried under the Consent Agenda.) Link/Morke moved to approve the applications and grant on-sale and Sunday on-sale intoxicating liquor licenses to TL Foods, LLC dba/The Brew Station Brewery, 1128 Vierling Drive East, Shakopee, Minnesota conditioned upon providing evidence of the required insurance. (Motion carried under the Consent Agenda.) Morke/Amundson moved to approve the Policies and Procedures for the Single-Family Residential, Rental Residential (and Commercial)portions of the Shakopee Small Cities Development Program. Motion carried unanimously. Link/Morke moved to approve the City's participation jointly with Shakopee Public Utilities for a water treatment plant feasibility study. (Motion carried under the Consent Agenda.) Link/Morke moved to accept the proposal of GME Consulting, Inc., to determine remedial work to address the moisture problem at the Youth Building at Lions Park, not to exceed $4,290 and to direct staff to prepare a budget amendment to pay for the cost of the investigation. (Motion carried under the Consent Agenda.) Cncl. Morke addressed the issue of traffic concerns by the junior high school. The Council brainstormed some ideas and came up with the idea of a crosswalk with a sign on it. Mr. Loney will look into the traffic safety issue by the junior high school and come back to the City Council regarding a sign for the crosswalk with recommendations. Mayor Brekke wanted the record to read that by Council consensus Mr. Bruce Loney, Public Works Director, is authorized to use consultants in his department to fill vacancies created by resignations until his department was staffed appropriately again. Sweeney/Amundson moved to adjourn. Motion carried unanimously. The meeting was adjourned at 10:00 p.m. 1 ,. (iJAithuS. Cox City Clerk Carole Hedlund Recording Secretary ColeNSe44+ CITY OF SHAKOPEE Memorandum TO: Mayor and Council Mark McNeill, City Administrator FROM: Gregg Voxland, Finance Director RE: City Bill List DATE: April 27, 2000 Introduction and Background Attached is a print out showing the division budget status for 2000 based on data entered as of 04/27/00 . Also attached is a regular council bill list for invoices processed to date for council approval. Included in the checklist but under the control of the EDA are checks for the EDA General Fund (code 0191) in the amount of $0 .00 . Also included in the checklist but under the control of the S.W. Metro Drug Task Force (code 9825) are checks in the amount of $41, 391.43 . Not included in the attached bill list but included in the total amount of bills shown on the agenda is the below listed subsistence/travel reimbursement for an employee. The employee (s) were away from their normal work site for a business purpose but the meal itself was not a "business purpose meal" or there was no receipt/odometer readings and therefore needs to be paid through payroll as taxable income. Jim Davis $26 .61 Action Requested Move to approve the bills in the amount of $294, 926.73 . CITY OF SHAKOPEE EXPENSES BY DEPARTMENT 04/27/00 CURRENT YEAR ANNUAL MONTH TO PERCENT DEPT DEPT NAME BUDGET ACTUAL DATE EXPENDED 11 MAYOR & COUNCIL 80,130 621 20,552 26 12 CITY ADMINISTRATOR 249,600 21,025 72,745 29 13 CITY CLERK 219,290 17,094 55,362 25 15 FINANCE 429,990 29,218 99,030 23 16 LEGAL COUNSEL 298,500 54,670 132,883 45 17 COMMUNITY DEVELOPMENT 574,780 43,748 149,854 26 18 GENERAL GOVERNMENT BUILDINGS 253,840 12,691 47,225 19 31 POLICE 2,173,740 138,259 659,643 30 32 FIRE 705,840 67,362 177,203 25 33 INSPECTION-BLDG-PLMBG-HTG 428,070 37,694 148,418 35 41 ENGINEERING 541,650 34,064 151,248 28 42 STREET MAINTENANCE 904,850 31,367 188,103 21 44 SHOP 156,240 16,855 45,146 29 46 PARK MAINTENANCE 535,430 36,279 126,648 24 91 UNALLOCATED 557,010 57,905 49,997 9 TOTAL GENERAL FUND 8,108,960 598,854 2,124,059 26 , 17 COMMUNITY DEVELOPMENT 509,990 2,920 75,990 15 TOTAL TRANSIT 509,990 2,920 75,990 15 • 19 EDA 247,380 9,027 23,370 9 TOTAL EDA 247,380 9,027 23,370 9 H 0 rn m a H i H 04 04 04 04 04 040404 04 000 0000 x 0 0 0 00000 H H H H H HHH H 000 0000 0 0 0 0 00000 0 H ., a w o OW o aX o N z p a 4 zo N U to W V' H kJ) r rH NHH MMMM N �j 0 m M M M V' V' t0MM Nmco NNNN ol Cr m in 7-� N N N Orin l0 Mt010 MMMM M W VMMM tO W l0 t0 t0 t0 t0 M M M M Vrl H O O O 0 0 O 000 0) 000 0000 pCP o In In In In H 0 O O 0 0 0 N N N N MMM 0000 O In to O N N N N n 0 O O 0 O O 000 O 000 HHHH In O O O 00000 ZHH 01 0) co 0) N M M M d' MVM N N N N H H M H V'V'VI r-I H 41 P: M M M M M m N N N t0 NNN MMMM N N M N NWN N N O P4 V' w w w V' V w w w H V'w V' V V'V V' V' V' V' V• V'H V'V'V' U l0 rI ri l0 ri rIl I I I I I I I l i i i I I I I 1 1 1 1 1 Ui r V'V'H 0 HHHHHHM 4-4 c-i r-i M c-1OHHH a) NH (N C'H) N H M Into040 GD V'N V' NN(')t0 In N H N N0NNN 0 0 O O O O 000 0) 0 00 000 0 O O O O O 01 O O O z Z H H H 2 H H U) w W U W W U H H H 0 Uy \ COW Ul a a FG av1U) H \ \ a 2 H w 00 00 w 00 H a co x 2 0Ha H H H Ha s 6 coCUQ H U 222 H H01 04 2 H a a Pl \ g g H al W w U] M U] W U] A H 02 2 W U2 000 2 H HHH WWW M 0 ) 0 HHHOO Ul W W >( W W 000 W H 0000 2 \ . 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N In M O1 M N 0 M cN M Vl 01 +/J- 11 N CO 4 CO- N VI- VH' 01 CO- CA' N i/f w U w HH Z 0 H HE 03 ti) co E. H w H H E. w z z 0 KC � EDI 01 H14w Ha 4-1 DI01 aZW 34 0CO0 ZwH 0 Cl) H ° CO aw Zx x a E4 -04 Ha A H ww H 04 04 >4 IX 4 sIXcH EI co 01 H 0 x w 9 °a 0 04 0 4 H H CO CO a a H P3 COCw U H O H a0 01 N O 0 0 O O H Ill 0 N N cM V, In H CO ul CO CO N V' a 0 w w 1, cr S N N N N N ao co 9' A/ CITY OF SHAKOPEE Memorandum TO: Mayor and City Council Mark McNeill, City Administrator FROM: Judith S. Cox, City Clerk SUBJECT: Currency Exchange License - Checks Cashed of America DATE: April 28, 2000 INTRODUCTION: City Council is asked to consider an application from Checks Cashed of America for a currency exchange license at 1116 Vierling Drive East in the Crossroads Center. BACKGROUND: The City has received notice that Sherri Marzario and Mark Smith have applied to the State of Minnesota Department of Commerce for a currency exchange license at Crossroads Center. The license will ultimately be issued by the State of Minnesota. Current law allows the local municipality to approve or deny the issuance of a license, after published notice and a public hearing. If the local municipality does not advise the State within 60 days of receipt of the notice of the application, the State can issue the license. Ms. Marzario previously held a currency exchange license, along with Frank Marzario, at 1147 Canterbury Road. The applicants have provided the State with the required $10,000 Currency Exchange Surety Bond. The Chief of Police has advised that he is unaware of any reason for the City of Shakopee to object to the granting of a currency exchange license to the applicant. RECOMMENDED ACTION: Offer Resolution No. 5354, A Resolution Approving the Application of Checks Cashed of America, LLC dba Money Xchange, 1116 Vierling Drive East, and move its adoption. I:\clerk\jeanette\licenses\checks cashed RESOLUTION NO. 5354 A RESOLUTION OF THE CITY OF SHAKOPEE,MINNESOTA, APPROVING THE APPLICATION OF CHECKS CASHED OF AMERICA,LLC dba/MONEY XCHANGE FOR A CURRENCY EXCHANGE LICENSE AT 1116 VIERLING DRIVE EAST WHEREAS,in 1992 Minnesota Statute Section 53A.04 was amended to require a City to approve or disapprove a proposed currency exchange license;and WHEREAS, Checks Cashed of America,LLC dba/Money Xchange applied for a currency exchange license for a location at 1116 Vierling Drive East;and WHEREAS,the City has given published notice of its intention to consider this issue, has solicited testimony from interested persons, and finds that the application should be approved. NOW, THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE,MINNESOTA,AS FOLLOWS: That the City approves the granting of a currency exchange license to Checks Cashed of America,LLC dba/Money Xchange at its location at 1116'Vierling Drive East. Adopted in Regular Session of the City Council of the City of Shakopee,Minnesota, held this 2°d day of May,2000. Mayor of the City of Shakopee ATTEST: City Clerk 9, 13. CITY OF SHAKOPEE Memorandum TO: Mayor and City Council FROM: Mark McNeill, City Administrator SUBJECT: Public Hearing—ADC Tax Abatement DATE: April 27, 2000 INTRODUCTION: The Council is asked to hold a public hearing regarding a proposal to provide economic development assistance to ADC for development,utilizing tax abatement as a financial incentive, and also for a business subsidy. After taking input from the public,the Council should consider authorizing the entering into a contract for development with ADC. BACKGROUND: For several months, staff has worked with ADC Communications, Inc.,regarding the "ADC Manufacturing and Engineering Facility",which would be located east of Valley Park Drive and south of County Road 101. Specifically, it is a 106 acre parcel located just east of the Conklin Company. ADC is a global corporation,which designs and manufactures voice,video, and data systems for telephone, cable television,Internet,broadcast,wireless, and private communication networks. If the project proceeds, so that the facility would consist of a 490,000 square foot structure,which would be made up of the following: 147,500 square feet—office space 264,500 square feet—manufacturing 55,500 square feet—product test facilities 22,500 square feet—building amenities When completed,the project is expected to employ 1,000 people when fully operational, with 450 positions within the first 2 years. The minimum wage for an entry-level operator at the facilities is $12.00 per hour,with the average wage being between$16.00 and$17.00 per hour. Reliant Energy,NSP, and the Department of Trade and Economic Development have offered various forms of assistance for this project,primarily through training programs and reduced utility costs. PROPOSAL: ADC Telecommunications,Inc., is requesting a tax abatement not to exceed$2,010,000 from the City of Shakopee and Scott County over a six-year period, from 2003 through 2008. The County is being asked to abate up to a maximum of$215,000 annually(a total of$1,290,000 over the term of the project). This is 17%of the County's limit for annual outlays for economic development. The City is also being asked to abate up to $120,000 annually, for a total of$720,000 over the term of the project. This would amount to 64% of the City limits for annual outlays for economic development incentives. Only the property taxes collected on the value of the improvements would be abated;the existing property taxes collected on the value of the land would not be abated. ADC appeared before the County Board and City Council in April, and a public hearing was called by both jurisdictions for May 2m1. The Public Hearing is required to comply with two sections of State law; the first is to meet a requirement for a hearing when tax abatement is requested. The second is required when a business subsidy in excess of $100,000 is contemplated. DISCUSSION: The City,as part of its ongoing economic development activity, desires to expand its property tax base, diversify its economic base, and provide livable wage jobs through development activities. The ADC proposal meets those criteria. ADC had initially requested tax increment assistance of three years for the Shakopee site to be financially competitive with other alternatives that it was evaluating. After an analysis was done,the recommendation of both County and City staff was to instead go with tax abatement; while it takes twice as long, it does not impact school district funding. ADC is a well-established company, and the chances of it not performing are minimal. If the company fails to meet the job and wage goals or maintain operation for at least five years,there is what is known as a"claw back"provision in the contract, which would make the City and County whole for their abated amounts. The disadvantage to the City is that, as cited earlier,this abatement will take nearly two thirds of the City's limit for annual outlays for economic development incentives; it will be only after this project goes off line that any abatement of the same magnitude will be able to take place for another project. However, staff feels that this is a worthwhile proposal,and the benefits from taxes paid after the tax abatement is completed, and the number of types of jobs created make this project will worthwhile. The attached contract for private development between the City of Shakopee, County of Scott, and ADC Telecommunications, Inc., spells out the obligations of each. Note that the $2,010,000 is the maximum amount of the abatement; if the legislature reduces the rate of taxation, or if the County or City tax rates decline, it would simply mean that ADC pays less in property taxes, and less would be abated back to it. If approved,ADC anticipates starting construction in July,assuming successful resolution of the EAW,which will be coming before the City Council on May 16`h. Occupancy would take place in 2001. RECOMMENDATION: The City Council should conduct the public hearing to receive comments on the requests for tax abatement; and business subsidy representatives of ADC will be in attendance at the hearing to answer questions. After conducting the public hearing, I recommend that the City Council approve the resolution authorizing execution of the development agreement, subject to any changes by the City Council. Note that the County Board will open the Public Hearing on May 2nd, and likely continue it until May 23`a ACTION REQUIRED: If the Council concurs, it should,by motion, authorize the execution of the Contract or Private Development between the City of Shakopee,Minnesota, and Scott County, Minnesota, and ADC Telecommunications, Inc.,dated May 2,2000. RESOLUTION NO. 5357 APPROVING THE PROPERTY TAX ABATEMENT FOR ADC TELECOMMUNICATIONS PROJECT AND AUTHORIZING EXECUTION OF ABATEMENT AGREEMENT BY AND BETWEEN SCOTT COUNTY, THE CITY OF SHAKOPEE,AND ADC TELECOMMUNICATIONS, INC. ilik4AVVW" Mark McNeill City Administrator MM:tw o m cC m O-j I it D O7• \ l3 x O' 7 - \ e r ; Ov, VALLEY PARA°NI VE , ik 4,3g C �0+� // // m d�O V� S"-'2,0S \ `CL .{t�ti 7 O +10 x m ;mx / / f m- �O9D-' .Y. J J 1 I, . I. , , , , ,I / , , J , ,. .. , 4 , , , , _ ,, I / ' J, / '� :':'.F",,'"::y7} rND / I/ M m y. I N /i l \ I m { Ii c 7 0.—� o m O 1 Vl P`;XFth \ I 1111c. / M � �'.,..;'. 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S . .4_ i :'7, flf- , R iii x ° `1,4; ids '- - � _ .;:-.1:11.., ., VC' # -a- Y ,ae • `1,,,,,,:..,if;..,:l„,:, 1 - © - ,w, T ,,77:-.„:4,--Ilirlii.4.,„ ik.., � Yjn_ /0 (-" ;- .7/ (> OCr'''' x '''" l ' t .1, h}. ' •a ,ee. -Ow:" \ I � — .......1„ 4,.. _ 4 .0:14V,,,,%,...+4 4, '44':"'`I:4'f -tr''''ti I '' —1 —1 --......_"7-14,.,-,,,,„,, _ .,,,... .4.,-.... _ _ . cv, „, .,.0 61.. ..........d....A.1.14.f.....,..----:.„,-.-.,oz,e,„ . rm.:,t`6'2'Ei ' ')----7 2000 0 2000 Feet ADC TELECOMMUNICATION PROPOSED FACILITY A 1 .O. USGS QUAD MAP 8411 V14ynb BoUavud WSB ,. .MN 65425 FAX 5414100 H'�"ERS Figure 2 ABOo Ammim INFRASTRUCTURE-ENGINEERS-PLANNERS J CITY OF SHAKOPEE RESOLUTION NO. 5 3 5 7 RESOLUTION APPROVING PROPERTY TAX ABATEMENT FOR CERTAIN PROPERTY IN THE CITY OF SHAKOPEE BE IT RESOLVED By the City Council ("Council") of the City of Shakopee, Minnesota ("City")as follows: Section 1. Recitals. 1.01. The City has determined a need to grant a property tax abatement to ADC Telecommunications, Inc. (the 'Developer") for a manufacturing, office and engineering facility to be located on certain property in the City described in Exhibit A hereto (the"Property"),pursuant to Minnesota Statutes, Sections 469.1812 to 469.1815 (the"Act"). 1.02. This Council has previously reviewed information concerning the above-referenced facility, including fmancial,job and wage projections and a Contract for Private Development to be dated as of May 2, 2000 (the "Development Agreement") proposed to be entered between the City, Scott County,Minnesota(the"County") and the Developer. 1.03. The proposed property tax abatement constitutes a business subsidy in excess of $100,000 within the meaning of Minnesota Statutes, Sections 1161993 to 1161995 (the "Business Subsidy Act"), and the Development Agreement includes a business subsidy agreement as required under the Business Subsidy Act. 1.04. On May 2, 2000 the City Council conducted a duly noticed public hearing on the Abatement (as hereinafter defined) and the business subsidy in excess of $100,000, at which the views of all interested persons were heard. Section 2. Findings. 2.01. It is hereby found and determined that the benefits to the City from the Abatement will be at least equal to the costs to the City of the Abatement. 2.02. It is hereby found and determined that the Abatement and the execution of the Development Agreement are in the public interest because such actions will increase the tax base of the City and provide employment opportunities within the City. 2.03. It is further specifically found and determined that the Abatement is expected to result in the following public benefits: SMS1-178193v1 S11235-7 (a) Create an estimated$24,000,000 increase in estimated market value for property tax purposes, which will be available to all taxing jurisdictions after expiration of the Abatement. (b) Improve the economic vitality of the community through creation of manufacturing- related jobs and a further beneficial economic impact in connection therewith. (c) Stimulate further development that creates additional tax base for the City. (d) Increase living wage jobs in the City. (e) Make use of and support existing and future transportation systems. Section 3. Actions Ratified; Abatement Approved. 3.01. The Council hereby ratifies all actions of the City's staff and consultants in arranging for approval of this resolution in accordance with the Act. 3.02. Subject to the provisions of the Act, the Abatement is hereby approved and adopted subject to the following terms and conditions: (a) The term "Abatement" means the real property taxes generated in any tax-payable year by extending the City's total tax rate for that year against the tax capacity of improvements constructed on the Property in accordance with the Development Agreement, excluding the tax capacity of the land and excluding any portion of the tax capacity attributable to the areawide tax under Minnesota Statues, Chapter 473F, all as of January 2 in the prior year; except in no event will the Abatement exceed $120,000 in any year, subject to any additional limits imposed by the Act as described in clause (d)below. (b) The Abatement will be paid for a period of six years, commencing in the first tax- payable year after substantial completion of the manufacturing improvements on the Property in accordance with the Development Agreement or such other date as is specified in the Development Agreement and the Note (as defined in the Development Agreement). (c) The Abatement will be paid by the City to the Developer in accordance with all the terms and conditions of the Development Agreement and the Note. (d) In accordance with Section 469.1813, subdivision 8 of the Act, in no case shall the Abatement in any one year exceed the greater of 5% of the City's levy for that year or$100,000. (e) The Abatement is subject to modification in accordance with the Act, subject to the terms of the Development Agreement. SMS1-178193v1 2 SH235-7 3.03. This Council hereby approves the Development Agreement and issuance of the Note to the Developer as described in the Development Agreement. The Mayor, the City Clerk and City Administrator are authorized and directed to execute and deliver the Development Agreement and the Note in substantially the form on file with the City, subject to modifications that do not alter the substance of the transaction and are approved by the Mayor, Administrator and Clerk, provided that execution of the document by such officials is conclusive evidence of their approval. Such officials are also authorized to execute any and all other documents that are required by the Development Agreement. 3.04. The City Finance Director is designated as Registrar for the Note, and shall maintain records for the registration of ownership of the Note and the registration of transfers and exchanges of the Note. Approved by the City Council of the City of Shakopee,Minnesota this 2nd day of May, 2000. Mayor Attest: City Clerk SMS1-178193v1 3 SH235-7 T Second Draft: April 18,2000 CONTRACT FOR PRIVATE DEVELOPMENT between CITY OF SHAKOPEE,MINNESOTA and SCOTT COUNTY,MINNESOTA and ADC TELECOMMUNICATIONS,INC. Dated as of: May 2,2000 This document was drafted by: KENNEDY&GRAVEN, Chartered 470 Pillsbury Center Minneapolis,Minnesota 55402 Telephone: 337-9300 TABLE OF CONTENTS Page PREAMBLE 1 ARTICLE I Definitions Section 1.1. Definitions 2 ARTICLE II Representations and Warranties Section 2.1. Representations by the City 5 Section 2.2. Representations by the County 5 Section 2.3. Representations and Warranties by the Developer 5 ARTICLE III Property Tax Abatement Section 3.1. Status of Development Property 7 Section 3.2. Property Tax Abatement 7 Section 3.3. Payment of Administrative Costs 8 Section 3.4. Records 8 Section 3.5. Business Subsidy Agreement 8 ARTICLE IV Construction of Minimum Improvements Section 4.1. Construction of Improvements 11 Section 4.2. Construction Plans 11 Section 4.3. Commencement and Completion of Construction 12 Section 4.4. Certificate of Completion 12 ARTICLE V Insurance and Condemnation Section 5.1. Insurance 13 Section 5.2. Subordination 14 ARTICLE VI Taxes; Minimum Market Value Section 6.1. Right to Collect Delinquent Taxes 15 Section 6.2. Reduction of Taxes 15 Section 6.3. Minimum Market Value 15 SMS1-178091v1 SH235-7 i T I ARTICLE VII Financing Section 7.1. Financing 16 ARTICLE VIII Prohibitions Against Assignment and Transfer; Indemnification Section 8.1. Representation as to Development 17. Section 8.2. Prohibition Against Developer's Transfer of Property and Assignment of Agreement 17 Section 8.3. Release and Indemnification Covenants 18 ARTICLE IX Events of Default Section 9.1. Events of Default Defined 20 Section 9.2. Remedies on Default 20 Section 9.3. No Remedy Exclusive 21 Section 9.4. No Additional Waiver Implied by One Waiver 21 Section 9.5. Attorney Fees 21 Section 9.6. Default by City or County 21 ARTICLE X Additional Provisions Section 10.1. Conflict of Interests;Representatives Not Individually Liable 22 Section 10.2. Equal Employment Opportunity 22 Section 10.3. [Intentionally Omitted] 22 Section 10.4. Provisions Not Merged With Deed 22 Section 10.5. Titles of Articles and Sections 22 Section 10.6. Notices and Demands 22 Section 10.7. Counterparts 23 Section 10.8. Recording 23 TESTIMONIUM 24 SIGNATURES 25 SCHEDULE A Development Property SCHEDULE B Certificate of Completion SCHEDULE C Note SMS1-178091v1 SA235-7 11 CONTRACT FOR PRIVATE DEVELOPMENT THIS AGREEMENT is made as of the 2nd day of May, 2000, by and between the CITY OF SHAKOPEE, MINNESOTA, a Minnesota municipal corporation (the "City"), SCOTT COUNTY, MINNESOTA, a political subdivision of the State of Minnesota (the "County") and ADC TELECOMMUNICATIONS, INC., a Minnesota corporation(the"Developer"). RECITALS WHEREAS, pursuant to Minnesota Statutes, Sections 469.1812 to 469.1815 (the "Act"). the City and the County are authorized to abate property taxes in order to increase or preserve tax base and provide employment opportunities; and WHEREAS, the Developer agrees to construct improvements to the Development Property(the"Minimum Improvements")as provided in this Agreement; and WHEREAS, pursuant to the Act, the city council of the City and the board of commissioners of the County have each approved resolutions authorizing abatements to a portion of real property taxes on certain property defined in this Agreement as the Development Property; and WHEREAS, the County and the City have determined that the property tax abatement contemplated herein and the fulfillment generally of this Agreement, are in the vital and best interests of the City and the County and the health,,safety, morals, and welfare of their residents, and in accord with the public purposes and provisions of the applicable State and local laws and requirements under which the Project has been undertaken. NOW, THEREFORE, in consideration of the mutual obligations contained in this Agreement,the parties agree as follows: SMS1-178091v1 SH235-7 1 ARTICLE I Definitions Section 1.1. Definitions. In this Agreement, unless a different meaning clearly appears from the context: "Act"means Minnesota Statutes, Sections 469.1812 to 469.1815, as amended. "Agreement" means this Agreement, as the same may be from time to time modified,, amended, or supplemented. "Available Abatement" means, on each Scheduled Payment Date, the sum of the City Tax Abatement and County Tax Abatement generated in the preceding six (6) months with respect to the Minimum Improvements and remitted to the City by the County. "Business Day" means any day except a Saturday, Sunday, legal holiday, a day on which the City or County is closed for business, or a day on which banking institutions in the City are authorized by law or executive order to close. "City"means the City of Shakopee,Minnesota. "City Tax Abatement"means the real property taxes(i) generated in any tax-payable year by extending the City's local tax rate against the tax capacity of the Minimum Improvements (excluding land and excluding any portion of the tax capacity attributable to the areawide tax under Minnesota Statutes, Chapter 473F) as of January 2 in the prior year, and (ii) paid to the City by the County. "City Abatement Resolution"means Resolution No. , approved by the City Council of the City on May 2, 2000 regarding abatement of property taxes on the Development Property. "Certificate of Completion" means the certification provided to the Developer, or the purchaser of any part,parcel or unit of the Development Property,pursuant to Section 4.4 of this Agreement. "Construction Plans"means the plans, specifications, drawings and related documents on the construction work to be performed by the Developer on the Development Property, including the Minimum Improvements and the related site improvements, which(a) shall be as detailed as the plans, specifications, drawings and related documents which are submitted to the appropriate building officials of the City, and (b) shall include at least the following: (1) site plan; (2) foundation plan; (3) basement plans; (4) floor plan for each floor; (5) cross sections of each (length and width); (6) elevations (all sides); (7) landscape plan; and (8) such other plans or supplements to the foregoing plans as the City may reasonably request to allow it to ascertain the nature and quality of the proposed construction work. "County"means the County of Scott,Minnesota. SMS1-178091v1 SH235-7 2 "County Tax Abatement" means the real property taxes (i) generated in any tax-payable year by extending the County's local tax rate against the tax capacity of the Minimum Improvements (excluding land and excluding any portion of the tax capacity attributable to the areawide tax under Minnesota Statutes, Chapter 473F) as of January 2 in the prior year, and (ii) paid to the City by the County. "County Abatement Resolution" means Resolution No. , adopted by the board of commissioners of the County on May 2, 2000 regarding abatement of property taxes on the Development Property. "Developer" means ADC Telecommunications, Inc., or its permitted successors and assigns. "Development Property" means the real property described in Schedule A of this Agreement. "Event of Default" means an action by the Developer listed in Article IX of this Agreement. "Holder"means the owner of a Mortgage. "Maturity Date" means the date that the Note has been paid in full or terminated, whichever is earlier. "Minimum Improvements" means the construction on the Development Property of an approximately 490,000 square foot manufacturing, office and engineering facility. "Mortgage"means any mortgage made by the Developer which is secured, in whole or in part, with the Development Property and which is a permitted encumbrance pursuant to the provisions of Article VIII of this Agreement. "Note" means the Taxable Limited Revenue Note, Series 2000 substantially in the form attached as Schedule C to this Agreement,to be issued by the City to the Developer. "Project" means the Development Property as improved with the Minimum Improvements. "State"means the State of Minnesota. "Tax Official" means any County assessor; County auditor; County or State board of equalization, the commissioner of revenue of the State, or any State or federal district court, the tax court of the State, or the State Supreme Court. "Transfer"has the meaning set forth in Section 8.2(a)hereof. "Unavoidable Delays" means delays beyond the reasonable control of the party seeking to be excused as a result thereof which are the direct result of strikes, other labor troubles, prolonged adverse weather or acts of God, fire or other casualty to the Minimum Improvements, SMS1-178091y1 SH235-7 3 litigation commenced by third parties which, by injunction or other similar judicial action, directly results in delays, or acts of any federal, state or local governmental unit (other than the City in exercising their rights under this Agreement) which directly result in delays. Unavoidable Delays shall not include delays in the Developer's obtaining of permits or governmental approvals necessary to enable construction of the Minimum Improvements by the dates such construction is required under Section 4.3 of this Agreement, so long as the Construction Plans have been approved in accordance with Section 4.2 hereof. SMS1-178091v1 SH235-7 4 ARTICLE II Representations and Warranties • Section 2.1. Representations by the City. The City makes the following representations and warranties as the basis for its covenants herein: (a) The City is a statutory city duly organized and existing under the laws of the State. Under the provisions of the Act, the City has the power to enter into this Agreement and. carry out its obligations hereunder. (b) The City proposes to grant abatement of taxes on the Development Property and the Minimum Improvements thereon, for the purposes of increasing the tax base and creating employment opportunities. Section 2.2 Representations by the County. The County makes the following representations and warranties as the basis for its covenants herein: (a) The County is a political subdivision of the State, duly organized and existing under the laws of the State. Under the provisions of the Act, the County has the power to enter into this Agreement and carry out its obligations hereunder. (b) The County proposes to grant abatement of taxes on the Development Property and the Minimum Improvements thereon, for the purposes of increasing the tax base and creating employment opportunities. Section 2.3. Representations and Warranties by the Developer. The Developer makes the following representations and warranties as the basis for its covenants herein: (a) The Developer is a corporation, duly organized and in good standing under the laws of the State, is not in violation of any provisions of its articles of incorporation and bylaws, is duly authorized to transact business within the State, has power to enter into this Agreement and has duly authorized the execution, delivery and performance of this Agreement by proper action of its officers. (b) The Developer will construct, operate and maintain the Minimum Improvements in accordance with the terms of this Agreement and all local, state and federal laws and regulations (including, but not limited to, environmental, zoning,building code and public health laws and regulations). (c) The Developer has received no notice or communication from any local, state or federal official that the activities of the Developer may be or will be in violation of any environmental law or regulation(other than those notices or communications of which the City is aware). The Developer is aware of no facts the existence of which would cause it to be in SMS1-178091v1 SH235-7 5 violation of or give any person a valid claim under any local, state or federal environmental law, regulation or review procedure. (d) The Developer will construct the Minimum Improvements in accordance with all local, state or federal energy-conservation laws or regulations. (e) The Developer will obtain, in a timely manner, all required permits, licenses and approvals, and will meet, in a timely manner, all requirements of all applicable local, state and federal laws and regulations which must be obtained or met before the Minimum Improvements may be lawfully constructed. (f) Neither the execution and delivery of this Agreement, the consummation of the transactions contemplated hereby, nor the fulfillment of or compliance with the terms and conditions of this Agreement is prevented, limited by or conflicts with or results in a breach of, the terms, conditions or provisions of any corporate restriction or any evidences of indebtedness, agreement or instrument of whatever nature to which the Developer is now a party or by which it is bound, or constitutes a default under any of the foregoing, which default or breach might prevent the Developer from performing its obligations under this Agreement. (g) The Developer shall promptly advise the City in writing of all litigation or claims affecting any part of the Minimum Improvements and all written complaints and charges made by any governmental authority materially affecting the Minimum Improvements or materially affecting Developer or its business which may delay or require changes in construction of the Minimum Improvements. (h) The Developer is not in default under any business subsidy agreement pursuant to Minnesota Statutes Section 116J.994. SMS1-178091v1 SH235-7 6 ARTICLE III Property Tax Abatement Section 3.1. Status of Development Property. The Developer has entered or will enter into a purchase agreement to acquire fee title to the Development Property. Neither the City nor the County shall have any obligation to acquire the Development Property or any portion thereof. Section 3.2. Property Tax Abatement. (a) Generally. In order to make development of the Project economically feasible, the City will issue the Note to the Developer in the principal, amount of$2,010,000 in substantially the form attached hereto as Schedule C. The Note shall be secured solely by Available Abatements, and the City and County each pledge City Tax Abatements and County Tax Abatements, respectively, to the debt service fund for the Note. The Note shall not bear interest. The first payment date on the Note will be August 1, 2003, and the Note will mature no later than February 1, 2009. (b) Limitations. The pledge of Available Abatements to the Note is subject to all the terms and conditions of the City Abatement Resolution and the County Abatement Resolution. The Note is payable solely from and to the extent of the City Tax Abatement and County Tax Abatement, respectively, and nothing herein shall be construed to obligate the City or County to make payments from any other funds. The City and County make no warranties or representations as to the amount of the Available Abatements, or that amounts payable on the Note will be sufficient to pay all or any portion of the principal amount. Any estimates of Available Abatement amounts prepared by the City's financial consultants are for the benefit of the City only,and the Developer is not entitled to rely on such estimates. The Developer further acknowledges that the total property tax abatements payable by the City in any year may not exceed the greater of$100,000 or five percent of the City's levy for that year; and that the total property tax abatements payable by the County in any year may not exceed the greater of$100,000 or five percent of the County's levy for that year(each such limit referred to as the"Abatement Volume Cap"),all pursuant to Section 469.1813, subd. 8 of the Act. Neither the City nor the County warrants or represents that the City Tax Abatements or County Tax Abatements in the amounts pledged to the Note will be within the City's or County's Abatement Volume Cap. The City represents that it has not granted any other abatement under the Act as of the date of this Agreement, and agrees that if the City grants any additional abatements under the Act, the City's Abatement Volume Cap will be allocated first to the City Tax Abatement pledged to the Note. The County represents that it has not granted any other abatement under the Act as of the date of this Agreement, and agrees that if the County grants any additional abatements under the Act, the County's Abatement Volume Cap will be allocated first to the County Tax Abatement pledged to the Note. (c) Delivery. The Note shall be delivered by the City to the Developer upon execution of this Agreement. The parties agree that consideration for delivery of the Note is Developer's obligation to complete the Project and meet the business subsidy goals in accordance with Section 3.5 of this Agreement. In the event of any inconsistency between the terms of this Agreement and the terms of the Note,the terms of the Note shall control. SMS1-178091v1 SH235-7 7 (d) Deficiencies. In no event will the total City Tax Abatement paid in any 12-month period exceed $120,000, or the total County Tax Abatement paid in any 12-month period exceed $215,000. If on any Scheduled Payment Date (as defined in the Note) the amount of Available Abatement is insufficient to pay the full amount of principal owed by the City on the Note on such Scheduled Payment Date, the City shall remit so much of the City Tax Abatement and County Tax Abatement as the City has received as of such Scheduled Payment Date, and neither the City nor County shall have an obligation to pay to the Developer or carry forward such deficiency. Section 3.3. Payment of Administrative Costs. The Developer will pay to the City all out of pocket costs incurred by the City and the County (including without limitation attorney and fiscal consultant fees) in the negotiation and preparation of this Agreement and other documents and agreements in connection with the development contemplated hereunder (collectively, the "Administrative Costs"). Administrative Costs shall be evidenced by invoices, statements or other reasonable written evidence of the costs incurred by the City or County. The Developer shall pay Administrative Costs from time to time within 30 days after receipt of written notice thereof from the City. The City shall transfer to the County any portion of Administrative Costs attributable to the County promptly upon receipt of payment from the Developer. The Developer's business subsidy application fee deposited with the City prior to the date of this Agreement will be applied towards Developer's obligations under this Section. Section 3.4. Records. The City and its representatives shall have the right at all reasonable times after reasonable notice to inspect, examine and copy all books and records of Developer relating to the Project. Developer shall also use its best efforts to cause the contractor or contractors, all sub-contractors and their agents and lenders to make their books and records relating to the Project available to City, upon reasonable notice, for inspection, examination and audit. Such records shall be kept and maintained by Developer until the Maturity Date. Section 3.5. Business Subsidy Agreement. The provisions of this Section constitute the "business subsidy agreement" in connection with the business subsidy provided by both the City and the County for the purposes of Minnesota Statutes Section 116J.993 to 1161995 (the "Business Subsidy Act"). (a) General Terms. The parties agree and represent to each other as follows: (1) The subsidy provided to the Developer consists of payments on the Note, which payments represent a forgivable loan that is repayable by the Developer in accordance with this Section. No portion of the business subsidy is tax increment financing. (2) The public purposes of the subsidy are to provide employment opportunities and increase the tax base of the City and the State. (3) The goals for the subsidy are: to secure development of the Project; to maintain the Project as a manufacturing facility for at least five years as described in clause (6) below; and to create the jobs and wage levels in accordance with Section 3.5(b)hereof. SMS1-178091v1 SH235-7 8 (4) If the goals described in clause (3) are not met,the Developer must make the payments to the City described in Section 3.5(c). (5) The subsidy is needed to induce the Developer to maintain its operations in this City and the State, thus preserving and enhancing job and tax base growth for the City, County and the State as a whole. The Developer operates an existing facility in the City at a site that cannot accommodate expansion. Absent the subsidy provided in this Agreement, the expansion would likely occur in another state or outside the United States. (6) The Developer must continue operation of the Minimum, Improvements as a manufacturing facility for at least five years after the date of issuance of the Certificate of Completion. (7) The Developer does not have a parent corporation. (8) The Developer has not received, and does not expect to receive financial assistance from any other "grantor" as defined in the Business Subsidy Act, in connection with the Development Property or the Minimum Improvements. (b) Job and Wage Goals. Within two years after the date of issuance of the certificate of completion of the Minimum Improvements (the "Compliance Date"), the Developer shall cause to be created at least 450 new full-time equivalent jobs on the Development Property (excluding any jobs previously existing in the State as of the date of this Agreement and relocated to this site) and shall cause the wages for all employees on the Development Property to be no less than $12.64 per hour, exclusive of benefits. Notwithstanding anything to the contrary herein, if the wage and job goals described in this paragraph are met by the Compliance Date, those goals are deemed satisfied despite the Developer's continuing obligations under Sections 3.5(a)(6) and 3.5(d). The City and County may, after public hearings held by both the City council and County board and approval by both bodies, extend the Compliance Date by up to one year,provided that nothing in this section will be construed to limit the City's or County's legislative discretion regarding this matter. (c) Remedies. If the Developer fails to meet the goals described in Section 3.5(a)(3), the Note and this Agreement will be deemed terminated, and the Developer shall repay to the City upon written demand from the City a"pro rata share" of prior payments under the Note, if any, together with interest on such amounts at the implicit price deflator as defined in Minnesota Statutes, Section 275.50, subd. 2, accrued from the date of issuance of the Certificate of Completion to the date of payment. The term "pro rata share" means percentages calculated as follows: (i) if the failure relates to the number of jobs, the jobs required less the jobs created,divided by the jobs required; (ii) if the failure relates to wages, the number of jobs required less the number of jobs that meet the required wages, divided by the number of jobs required; SMS1-178091v1 SH235-7 9 (iii) if the failure relates to maintenance of the manufacturing facility in accordance with Section 3.5(a)(6), 60 less the number of months of operation as a manufacturing facility (where any month in which the facility is in operation for at least 15 days constitutes a month of operation), commencing on the date of the certificate of completion and ending with the date the facility ceases operation as determined by the City,divided by 60; and (iv) if more than one of clauses (i) through (iii) apply, the sum of the applicable percentages,not to exceed 100%. Promptly upon receipt of any repayment by the Developer, the City will remit to the County any amount attributable to County Tax Abatements. Nothing in this Section shall be construed to limit the City's or County's remedies under Article IX hereof. In addition to the remedy described in this Section and any other remedy available to the City or County for failure to meet the goals stated in Section 3.5(a)(3), the Developer agrees and understands that it may not a receive a business subsidy from the City,the County or any other grantor(as defined in the Business Subsidy Act) for a period of five years from the date of the failure or until the Developer satisfies its repayment obligation under this Section,whichever occurs first. (d) Reports. The Developer must submit to the City, with a copy to the County, a written report regarding business subsidy goals and results by no later than March 1 of each year, commencing March 1, 2001 and continuing until the later of (i) the date the goals stated in Section 3.5 (a)(3) are met; (ii) 30 days after expiration of the five-year period described in Section 3.5(a)(6); or (iii) if the goals are not met, the date the subsidy is repaid in accordance with Section 3.5(c). The report must comply with Section 116.1994, subdivision 7 of the Business Subsidy Act. The City will provide information to the Developer regarding the required forms. If the Developer fails to timely.file any report required under this Section, the City will mail the Developer a warning within one week after the required filing date. If, after 14 days of the postmarked date of the warning, the Developer fails to provide a report, the Developer must pay to the City a penalty of $100 for each subsequent day until the report is filed. The maximum aggregate penalty payable under this Section$1,000. The City agrees with the County that the City will file, on behalf of both entities, any reports required to be filed with the State under the Business Subsidy Act. SMS1-178091v1 SH235-7 10 ARTICLE IV Construction of Minimum Improvements Section 4.1. Construction of Improvements. The Developer agrees that it will construct the Minimum Improvements on the Development Property in accordance with the approved Construction Plans and at all times prior to the Maturity Date will operate and maintain,preserve and keep the Minimum Improvements or cause such improvements to be maintained, preserved and kept with the appurtenances and every part and parcel thereof, in good repair and condition. The City shall have no obligation to operate or maintain the Minimum Improvements. Section 4.2. Construction Plans. (a) Before commencement of construction of the Minimum Improvements, the Developer shall submit to the City the Construction Plans. The Construction Plans shall provide for the construction of the Minimum Improvements and shall be in conformity with this Agreement, and all applicable State and local laws and regulations. The City will approve the Construction Plans in writing if: (i) the Construction Plans conform to the terms and conditions of this Agreement; (ii) the Construction Plans conform to all applicable federal, state and local laws, ordinances, rules and regulations; (iii) the Construction Plans are adequate to provide for construction of the Minimum Improvements; (iv) the Construction Plans do not provide for expenditures in excess of the funds available to the Developer from all sources for construction of the Minimum Improvements; and(v)no Event of Default has occurred. Approval may be based upon a review by the City's Building Official of the Construction Plans. No approval by the City shall relieve the Developer of the obligation to comply with the terms of this Agreement, applicable federal, state and local laws, ordinances, rules and regulations, or to construct the Minimum Improvements in accordance therewith. No approval by the City shall constitute a waiver of an Event of Default. If approval of the Construction Plans is requested by the Developer in writing at the time of submission, such Construction Plans shall be deemed approved unless rejected in writing by the City, in whole or in part. Such rejections shall set forth in detail the reasons therefore, and shall: be made within 20 days after the date of their receipt by the City. If the City rejects any Construction Plans in whole or in part, the Developer shall submit new or corrected Construction Plans within 20 days after its receipt of written notification to the Developer of the rejection. The provisions of this Section relating to approval, rejection and resubmission of corrected Construction Plans shall continue to apply until the Construction Plans have been approved by the City. The City's approval shall not be unreasonably withheld. Said approval shall constitute a conclusive determination that the Construction Plans (and the Minimum Improvements constructed in accordance with said plans) comply to the City's satisfaction with the provisions of this Agreement relating thereto. (b) If the Developer desires to make any material change in the Construction Plans after their approval by the City, the Developer shall submit the proposed change to the City for its approval. For the purposes of this Section, the term "material" means any change that increases or decreases the total cost of the Minimum Improvements by $200,000 or more. If the Construction Plans, as modified by the proposed change, conform to the requirements of this Section 4.2 of this Agreement with respect to such previously approved Construction Plans, the City shall approve the proposed change and notify the Developer in writing of its approval. Such change in the Construction Plans shall, in any event, be deemed approved by the City unless SMs1-178091v1 SH235-7 11 rejected, in whole or in part, by written notice by the City to the Developer, setting forth in detail the reasons therefor. Such rejection shall be made within 20 days after receipt of the notice of such change. The City's approval of any such.change in the Construction Plans will not be unreasonably withheld. Section 4.3. Commencement and Completion of Construction. Subject to Unavoidable Delays, the Developer shall commence construction of the Minimum Improvements by December 31, 2000. Subject to Unavoidable Delays, the Developer shall complete the construction of the Minimum Improvements by December 31, 2001. All work with respect to the Minimum Improvements to be constructed or provided by the Developer on the Development Property shall be in conformity with the Construction Plans as submitted by the Developer and approved by the City. The Developer agrees for itself, its successors and assigns, and every successor in interest to the Development Property, or any part thereof, that the Developer, and such successors and assigns, shall promptly begin and diligently prosecute to completion the development of the Development Property through the construction of the Minimum Improvements thereon, and that such construction shall in any event be commenced and completed within the period specified in this Section 4.3 of this Agreement. After the date of this Agreement and until construction of the Minimum Improvements has been completed, the Developer shall make reports, in such detail and at such times as may reasonably be requested by the City, as to the actual progress of the Developer with respect to such construction. Section 4.4. Certificate of Completion. (a) Promptly after completion of the Minimum Improvements in accordance with those provisions of the Agreement relating solely to the obligations of the Developer to construct the Minimum Improvements (including the dates for beginning and completion thereof), the City will furnish the Developer with a Certificate shown as Schedule B. Such certification and such,determination shall not constitute evidence of compliance with or satisfaction of any obligation of the Developer to any Holder of a Mortgage, or any insurer of a Mortgage, securing money loaned to finance the Minimum Improvements, or any part thereof. (b) If the City shall refuse or fail to provide any certification in accordance with the provisions of this Section 4.4 of this Agreement, the City shall, within thirty (30) days after written request by the Developer, provide the Developer with a written statement, indicating in adequate detail in what respects the Developer has failed to complete the Minimum Improvements in accordance with the provisions:of the Agreement, or is otherwise in default, and what measures or acts it will be necessary, in the reasonable opinion of the City, for the Developer to take or perform in order to obtain such certification. (c) The construction of the Minimum Improvements shall be deemed to be complete upon issuance of a certificate of occupancy by the City. SMS1-178091v1 SH235-7 12 ARTICLE V Insurance and Condemnation Section 5.1. Insurance. (a) The Developer will provide and maintain at all times during the process of constructing the Minimum Improvements an All Risk Broad Form Basis Insurance Policy and, from time to time during that period, at the request of the City, furnish the City with proof of payment of premiums on policies covering the following: (i) builder's risk insurance, written on the so-called `Builder's Risk -- Completed Value Basis," in an amount equal to one hundred percent (100%) of the insurable value of the Minimum Improvements at the date of completion, and with coverage available in nonreporting form on the so-called "all,risk" form of policy. The interest of the City shall be protected in accordance with a clause in form and content satisfactory to the City; (ii) comprehensive general liability insurance (including operations, contingent liability, operations of subcontractors, completed operations and contractual liability insurance)together with an Owner's Protective Liability Policy with limits against bodily injury and property damage of not less than $1,000,000 for each occurrence (to accomplish the above-required limits, an umbrella excess liability policy may be used). The City shall be listed as an additional insured on the policy; and (iii) workers' compensation insurance, with statutory coverage, provided that the Developer may be self-insured with respect to all or any part of its liability for workers' compensation. (b) Upon completion of construction of the Minimum Improvements and prior to the Maturity Date, the Developer shall maintain, or cause to be maintained, at its cost and expense, and from time to time at the request of the City shall furnish proof of the payment of premiums on, insurance as follows: (i) Insurance against loss and/or damage to the Minimum Improvements under a policy or policies covering such risks as are ordinarily insured against by similar businesses. (ii) Comprehensive general public liability insurance, including personal injury liability (with employee exclusion deleted), against liability for injuries to persons and/or property, in the minimum amount for each occurrence and for each year of$1,000,000, and shall be endorsed to show the City as additional insured. (iii) Such other insurance, including workers' compensation insurance respecting all employees of the Developer, in such amount as is customarily carried by like organizations engaged in like activities of comparable size and liability exposure; provided that the Developer may be self-insured with respect to all or any part of its liability for workers' compensation. SMS1-178091y1 SH235-7 13 (c) All insurance required in Article V of this Agreement shall be taken out and maintained in responsible insurance companies selected by the Developer which are authorized under the laws of the State to assume the risks covered thereby. Upon request, the Developer will deposit annually with the City policies evidencing all such insurance, or a certificate or certificates or binders of the respective insurers stating that such insurance is in force and effect. Unless otherwise provided in this Article V of this Agreement each policy shall contain a provision that the insurer shall not cancel nor modify it in such a way as to reduce the coverage provided below the amounts required herein without giving written notice to the Developer and the City at least thirty (30) days before the cancellation or modification becomes effective. In lieu of separate policies, the Developer may maintain a single policy, blanket or umbrella policies, or a combination thereof, having the coverage required herein, in which event the. Developer shall deposit with the City a certificate or certificates of the respective insurers as to the amount of coverage in force upon the Minimum Improvements. (d) The Developer will notify the City immediately in the case of damage exceeding $500,000 in amount to, or destruction of, the Minimum Improvements or any portion thereof resulting from fire or other casualty. In such event the Developer will promptly repair, reconstruct and restore the Minimum Improvements to substantially the same or an improved condition or value as it existed prior to the event causing such damage and, to the extent necessary to accomplish such repair, reconstruction and restoration, the Developer will apply the net proceeds of any insurance relating to such damage received by the Developer to the payment or reimbursement of the costs thereof. The Developer shall complete the repair, reconstruction and restoration of the Minimum Improvements, whether or not the net proceeds of insurance received by the Developer for such purposes are sufficient to pay for the same. Any net proceeds remaining after completion of such repairs, construction and restoration shall be the property of the Developer. (e) All of the insurance provisions set.forth in this Article V shall terminate upon the termination of this Agreement. Section 5.2. Subordination. Notwithstanding anything to the contrary contained in this Article V, the rights of the City with respect to the receipt and application of any proceeds of insurance shall, in all respects, be subject and subordinate to the rights of any lender under a Mortgage approved pursuant to Article VII of this Agreement. SMS1-178091v1 SH235-7 14 ARTICLE VI Taxes; Minimum Market Value Section 6.1. Right to Collect Delinquent Taxes. The Developer acknowledges that the City and County are providing substantial aid and assistance in furtherance of the Project through issuance of the Note. The Developer understands that the City Tax Abatement and the County Tax Abatement pledged to the Note are derived from real estate taxes on the Development Property, which taxes must be promptly and timely paid. To that end, the Developer agrees for itself, its successors and assigns, in addition to the obligation pursuant to statute to pay real estate. taxes, that it is also obligated by reason of this Agreement to pay before delinquency all real estate taxes assessed against the Development Property and the Minimum Improvements. The Developer acknowledges that this obligation creates a contractual right on behalf of the City to sue the Developer or its successors and assigns to collect delinquent real estate taxes and any penalty or interest thereon and to pay over the same as a tax payment to the County auditor. In any such suit,the City shall also be entitled to recover its costs, expenses and reasonable attorney fees. Section 6.2. Reduction of Taxes. Prior to the Maturity Date the Developer will not (a) cause a reduction in the real property taxes paid in respect of the Development Property through willful destruction of the Minimum Improvements or any part thereof; (b) fail to reconstruct the Minimum Improvements if damaged or destroyed, as required under Section 5.1(d) hereof; (c) apply for a deferral of property tax on the Development Property pursuant to Minnesota Statutes, Section 469.181, or any similar law; (d) convey or transfer or allow conveyance or transfer of the Development Property to any entity that is exempt from payment of real property taxes under State law; or(e) seek,through the exercise of legal or administrative remedies, a reduction in the market value of the Minimum Improvements below the value specified in Section 6.3 hereof. Section 6.3 Minimum Market Value. The estimated market value of the Minimum Improvements (excluding land) for tax assessment purposes shall be no less than $24,870,800 as of January 2, 2002 and January 2 of each year thereafter through the Maturity Date. This agreement does not constitute an "assessment agreement" within the meaning of Minnesota Statutes, Section 469.177, subd. 8 and is not binding on the County assessor. Rather, it is a contractual obligation of the Developer hereunder, breach of which is an Event of Default subject to the remedies set forth in Article IX hereof. Nothing in this Section or Section 6.2 shall limit the discretion of the County assessor _to assign a market value to the Minimum Improvements higher or lower than minimum value specified herein, nor prohibit the Developer from seeking through the exercise of legal or administrative remedies a reduction in such market value for property tax purposes, provided that the Developer shall not voluntarily seek a reduction of such market value below the minimum value specified herein. SMS1-178091v1 SH235-7 15 ARTICLE VII Financing Section 7.1. Financing. The Developer warrants and represents to the Authority, the City and the County that it has or will have available funds sufficient to construct the Minimum Improvements in accordance with the Construction Plans. SMS1-178091v1 SH235-7 16 ARTICLE VIII Prohibitions Against Assignment and Transfer; Indemnification Section 8.1. Representation as to Development. The Developer's purchase of the Development Property, and its other undertakings pursuant to the Agreement, are, and will be used, for the purpose of development of the Development Property and not for speculation in land holding. Section 8.2. Prohibition Against Developer's Transfer of Property and Assignment of Agreement. Prior to the issuance of a Certificate of Completion for the Minimum Improvements: (a) Except only by way of security for, and only for, the purpose of obtaining financing necessary to enable the Developer or any successor in interest to the Development Property, or any part thereof, to perform its obligations with respect to making the Minimum Improvements under this Agreement, and any other purpose authorized by this Agreement, the Developer has not made or created and will not make or create or suffer to be made or created any total or partial sale, assignment, conveyance, or lease, or any trust or power, or transfer in any other mode or form of or with respect to the Agreement or the Development Property or any part thereof or any interest therein, or any contract or agreement to do any of the same, to any person or entity whether or not related in any way to the Developer (collectively, a "Transfer"), without the prior written approval of the City unless the Developer remains liable and bound by this Development Agreement in which event the City's approval is not required. Any such Transfer shall be subject to the provisions of this Agreement. Notwithstanding anything to the contrary in this Section, the Developer may assign its rights under this Agreement or the Note to the Holder of a Mortgage, provided the Mortgage is approved by the City in accordance with Article VII hereof. (b) In the event the Developer, upon Transfer of the Development Property or any portion thereof, seeks to be released from its obligations under this Development Agreement as to the portions of the Development Property that is transferred or assigned, the City shall be entitled to require, except as otherwise provided in the Agreement, as conditions to any such release that: (i) Any proposed transferee shall have the qualifications and financial responsibility, in the reasonable judgment of the City, necessary and adequate to fulfill the obligations undertaken in this Agreement by the Developer as to the portion of the Development Property to be transferred. (ii) Any proposed transferee, by instrument in writing satisfactory to the City and in form recordable in the public land records of Scott County, Minnesota, shall, for itself and its successors and assigns, and expressly for the benefit of the City, have expressly assumed all of the obligations of the Developer under this Agreement as to the portion of the Development Property to be transferred and agreed to be subject to all the conditions and restrictions to which the Developer is subject as to such portion; provided, however, that the fact that any transferee of, or any other successor in interest whatsoever SMS1-178091v1 SH235-7 17 to, the Development Property, or any part thereof, shall not, for whatever reason, have assumed such obligations or so agreed, and shall not (unless and only to the extent otherwise specifically provided in this Agreement or agreed to in writing by the City) deprive the City of any rights or remedies or controls with respect to the Development Property or any part thereof or the construction of the Minimum Improvements; it being the intent of the parties as expressed in this Agreement that (to the fullest extent permitted at law and in equity and excepting only in the manner and to the extent specifically provided otherwise in this Agreement) no transfer of, or change with respect to, ownership in the Development Property or any part thereof, or any interest therein, however consummated or occurring, and whether voluntary or involuntary, shall operate, legally or practically, to deprive or limit the City of or with respect to any rights or remedies on controls provided in or resulting from this Agreement with respect to the Minimum Improvements that the City would have had, had there been no such transfer or change. In the absence of specific written-agreement by the City to the contrary, no such transfer or approval by the City thereof shall be deemed to relieve the Developer, or any other party bound in any way by this Agreement or otherwise with respect to the construction of the Minimum Improvements, from any of its obligations with respect thereto. (iii) Any and all instruments and other legal documents involved in effecting the transfer of any interest in this Agreement or the Development Property governed by this Article VIII, shall be in a form reasonably satisfactory to the City. In the event the foregoing conditions are satisfied then the Developer shall be released from its obligation under this Agreement, as to the portion of the Development Property that is transferred, assigned or otherwise conveyed. The restrictions under this Section terminate upon issuance of the Certificate of Completion. Section 8.3. Release and Indemnification Covenants. (a) The City and the County and the governing body members, officers, agents, servants and employees thereof(the "Indemnified Parties") shall not be liable for and the Developer shall indemnify and hold harmless the Indemnified Parties against any loss or damage to property or any injury to or death of any person occurring at or about or resulting from any defect in the Development Property or the Minimum Improvements. (b) Except for any willful misrepresentation or any willful or wanton misconduct or negligence of the Indemnified Parties, and except for any breach by any of the Indemnified Parties of their obligations under this Agreement, the Developer agrees to protect and defend the Indemnified Parties, now and 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 Agreement, or the transactions contemplated hereby or the acquisition, construction, installation, ownership, maintenance and operation of the Development Property or the Minimum Improvements. (c) The Indemnified Parties shall not be liable for any damage or injury to the persons or property of the Developer or its officers, agents, servants or employees or any other person who may be about the Development Property of Minimum Improvements. SMS1-178091v1 SH235-7 18 (d) All covenants, stipulations, promises, agreements and obligations of the City or County contained herein shall be deemed to be the covenants, stipulations,promises, agreements and obligations of such entities and not of any governing body member, officer, agent, servant or employee of such entities in the individual capacity thereof. SMS1-178091v1 SH235-7 19 ARTICLE IX Events of Default Section 9.1. Events of Default Defined. The following shall be "Events of Default" under this Agreement and the term "Event of Default" shall mean, whenever it is used in this Agreement, any one or more of the following events: (a) failure of the estimated market value of the Minimum Improvements to satisfy the required minimum market value pursuant to Section 6.3 hereof; (b) failure by the Developer to observe or perform any covenant, condition, obligation or agreement on its part to be observed or performed hereunder; (c) commencement by the Holder of any Mortgage on the Development Property or any improvements thereon, or any portion thereof, of foreclosure proceedings as a result of default under the applicable Mortgage documents; (d) if the Developer shall (i) file any petition in bankruptcy or for any reorganization, arrangement, composition, readjustment, liquidation, dissolution, or similar relief under the United States Bankruptcy Act or under any similar federal or State law; or (ii)make an assignment for benefit of its creditors; or (iii)admit in writing its inability to pay its debts generally as they become due; or (iv)be adjudicated a bankrupt or insolvent. Section 9.2. Remedies on Default. Whenever any Event of Default referred to in Section 9.1 of this Agreement occurs, the City or the County may each exercise any of the following rights under this Section 9.2 after providing thirty,days written notice to the Developer of the Event of Default, but only if the Event of Default has not been cured within said thirty days or, if the Event of Default is by its nature incurable within thirty days, the Developer does not, within such 30-day period, provide assurances reasonably satisfactory to the party providing notice of default that the Event of Default will be cured and will be cured as soon as reasonably possible: (a) Suspend its performance under the Agreement until it receives reasonably satisfactory assurances that the Developer will cure its default and continue its performance under the Agreement. (b) Cancel and rescind or terminate its obligations under the Agreement and the Note, provided that: (i) if the City terminates its obligations under the Agreement, it shall have no obligation to make payments of City Tax Abatements under the Note; SMS1-178091y1 SH235-7 20 (ii) if the County terminates its obligations under the Agreement, it shall have no further obligations to make payments of County Tax Abatements to the City hereunder, and the City shall have no obligation to make payments under the Note from such funds; (iii) if both the City and the County terminate their obligations hereunder, respectively, this Agreement and the Note shall be deemed terminated and the City shall have no further obligations thereunder. Except as otherwise provided in Section 3.5 (c), the City may not terminate its obligations to make payments under the Note unless both the City and the County have terminated their obligations hereunder. (c) Take whatever action, including legal, equitable or administrative action, which may appear necessary or desirable to collect any payments due under this Agreement, or to enforce performance and observance of any obligation, agreement, or covenant of the Developer under this Agreement. Section 9.3. No Remedy Exclusive. No remedy herein conferred upon or reserved to any party is intended to be exclusive of any other available remedy or remedies, but each and every such remedy shall be cumulative and shall be in addition to every other remedy given under this Agreement or now or hereafter existing at law or in equity or by statute. No delay or omission to exercise any right or power accruing upon any default shall impair any such right or power or shall be construed to be a waiver thereof, but any such right and power may be exercised from time to time and as often as may be deemed expedient. In order to entitle the City to exercise any remedy reserved to it, it shall not be necessary to give notice, other than such notice as may be required in this Article IX. Section 9.4. No Additional Waiver Implied by One Waiver. In the event any agreement contained in this Agreement should be breached by either party and thereafter waived by the other party, such waiver shall be limited to the particular breach 'so waived and shall not be deemed to waive any other concurrent,previous or subsequent breach hereunder. Section 9.5. Attorney Fees. Whenever any Event of Default occurs and if the County or City shall employ attorneys or incur other expenses for the collection of payments due or to become due or for the enforcement of performance or observance of any obligation or agreement on the part of the Developer under this Agreement, the Developer shall, within ten days of written demand by the County or City, pay to the County or City the reasonable fees of such attorneys and such other expenses so incurred by the County or City. Section 9.6 Default by City or County. Notwithstanding anything to the contrary herein, in the event the City or County fails to perform,any covenant, condition, obligation or agreement on its part, and such failure has not been cured within 30 days after receipt of written notice to the party from the Developer, or if such failure is by its nature incurable within 30 days,the party does not, within such 30-day limit, provide assurances reasonably satisfactory to the Developer that the failure will be cured as soon as reasonably possible, then the Developer may exercise such remedies as may be available at law or in equity with respect to the defaulting party. The terms of Section 9.3 and Section 9.4 (but not Section 9.5) apply in favor the Developer as well as the City and County. SMS1-178091v1 SH235-7 21 ARTICLE X Additional Provisions Section 10.1. Conflict of Interests; Representatives Not Individually Liable. The City, County and the Developer, to the best of their respective knowledge, represent and agree that no member, official, or employee of the City or County shall have any personal interest, direct or indirect, in the Agreement, nor shall any such member, official, or employee participate in any decision relating to the Agreement which affects his personal interests or the interests of any corporation, partnership, or association in which he is, directly or indirectly, interested. No member, official, or employee of the City or County shall be personally liable to the Developer, or any successor in interest, in the event of any default or breach by the City or County or for any amount which may become due to the Developer or successor or on any obligations under the terms of the Agreement. Section 10.2. Equal Employment Opportunity. The Developer, for itself and its successors and assigns, agrees that during the construction of the Minimum Improvements provided for in the Agreement it will comply with all applicable federal, state and local equal employment and non-discrimination laws and regulations. Section 10.3. [Intentionally Omitted] Section 10.4. Provisions Not Merged, With Deed. None of the provisions of this Agreement are intended to or shall be merged by reason of any deed transferring any interest in the Development Property and any such deed shall not be deemed to affect or impair the provisions and covenants of this Agreement. Section 10.5. Titles of Articles and Sections. Any titles of the several parts,Articles, and Sections of the Agreement are inserted for convenience of reference only and shall be disregarded in construing or interpreting any of its provisions. Section 10.6. Notices and Demands. Except as otherwise expressly provided in this Agreement, a notice, demand, or other communication under the Agreement by either party to the other shall be sufficiently given or delivered if it is dispatched by registered or certified mail, postage prepaid,return receipt requested, or delivered personally; and (a) in the case of the Developer, is addressed to or delivered personally to the Developer at 12501 Whitewater Drive, Minnetonka, MN 55343; Attention: General Counsel; and (b) in the case of the City, is addressed to or delivered personally to City Hall, 129 Holmes Street, Shakopee,Minnesota 55379-1376;Attention: City Administrator; and (c) in the case of the County is addressed to or delivered personally to the County at the Scott County Government Center, 200 Fourth Avenue West, Shakopee, Minnesota 55379- 1376; Attention: County Attorney SMS1-178091v1 SH235-7 22 • IN WITNESS WHEREOF, the City, County and Developer have caused this Agreement to be duly executed by their duly authorized representatives as of the date first above written. CITY OF SHAKOPEE,MINNESOTA Mayor City Administrator City Clerk STATE OF MINNESOTA ) ) SS. COUNTY OF SCOTT ) The foregoing instrument was acknowledged before me this day of , 2000 by , the Mayor, City Administrator, and City Clerk of the City of Shakopee,Minnesota,on behalf of the City. Notary Public sMs1-178091v1 SH235-7 24 a i SCOTT COUNTY,MINNESOTA By Its Board Chair By Its County Administrator Approved as to form: By: County Attorney STATE OF MINNESOTA ) ) SS. COUNTY OF SCOTT ) The foregoing instrument was acknowledged before me this day of , 2000 by , the County Board Chair and County Administrator of Scott County,Minnesota,on behalf of the County. Notary Public SMS1-178091v1 SH235-7 25 • ADC TELECOMMUNICATIONS, INC. By Its STATE OF MINNESOTA ) ) SS. COUNTY OF ) The foregoing instrument was acknowledged before me this day of , 2000 by , the of ADC Telecommunications, Inc., a Minnesota corporation, on behalf of the corporation. Notary Public SMS1-178091v1 SH235-7 26 SCHEDULE A DEVELOPMENT PROPERTY All that part of the Southeast 1/4 of Section 3, Township 115, Range 22 lying Southerly of the Chicago, St. Paul, Minneapolis and Omaha Right of Way, EXCEPTING THEREFROM that part of the West 200.00 feet, as measured at right angles to the West line thereof of the Southeast '/4 of Section 3, Township 115, Range 22, lying Southerly of the Southeasterly extension of the Northeasterly line of Lot 1, Block 5, Valley Park First Addition, and lying Northerly of the Easterly extension of the Southerly line of Lot 3, Block 5,Valley Park First Addition, according to the recorded Plat thereof on file and of record in the office of the Registrar of Titles, Scott County, Minnesota. (Abstract) Together with an easement for roadway purposes over and across Outlot E, Valley Park First Addition, according plat thereof on file and of record in the office of the Registrar of Titles, Scott County, Minnesota as evidenced in Easement Agreement filed of record as Document No. 37539. (Torrens) That part of the North 824.00 feet(as measured at right angle to the North line) of the Northeast 1/4 of the Section 10, Township 115, Range 22, Scott County, Minnesota lying North and East of the South 488.00 feet of the West 179.95 feet of said North 824.00 feet, EXCEPT the plat of Valley Park Thirteenth Addition, Scott County, Minnesota. (Torrens, Certificate No. 29990) SMS1-178091v1 A-1 SH235-7 SCHEDULE B CERTIFICATE OF COMPLETION The undersigned hereby certifies that ADC Telecommunications, Inc. (the "Developer") has fully complied with its obligations under Articles III and IV of that document titled "Contract for Private Development," dated May 2, 2000 between the City of Shakopee, Minnesota, Scott County, Minnesota and the Developer, with respect to construction of the Minimum Improvements in accordance with the Construction Plans, and that the Developer is released and forever discharged from its obligations to construct the Minimum Improvements under Articles III and IV. Dated: ,200_. CITY OF SHAKOPEE By SMS1-178091v1 B-1 SH235-7 • SCHEDULE C UNITED STATES OF AMERICA STATE OF MINNESOTA COUNTY OF SCOTT CITY OF SHAKOPEE,MINNESOTA No. R-1 $2,010,000 TAXABLE LIMITED REVENUE NOTE SERIES 2000 Date of Original Issue May 2,2000 The City of Shakopee, Minnesota (they"Issuer"), hereby acknowledges itself to be indebted and, for value received, promises to pay to the order of ADC Telecommunications, Inc. or registered assigns (the "Owner"), solely from the source, to the extent and in the manner hereinafter provided, the principal sum in an amount not to exceed $2,010,000 (the "Principal Amount"), without interest thereon. This Note is given in accordance with that certain Contract for Private Development between the Issuer, Scott County (the "County") and the Owner dated as of May 2, 2000 (the "Contract"). Capitalized terms used and not otherwise defined herein shall have the meaning provided for such terms in the Contract unless the context clearly requires otherwise. The Principal Amount of this Note shall be payable in semi-annual installments of $167,500 each, payable on each February 1 and August 1, (the "Scheduled Payment Dates") commencing August 1, 2003 and ceasing no later than February 1, 2009 (the "Final Maturity Date"). The Principal Amount is subject to prepayment at the option of the Issuer in whole or in part on any date after the date of original issue. Each payment on this Note is payable in any coin or currency of the United States of America which on the date of such payment is legal tender for public and private debts and shall be made by check or draft made payable to the Owner and mailed to the Owner at its postal address within the United States which shall be designated from time to time by the Owner. Payments on this Note are payable solely from "Available Abatements," which shall mean, on each Scheduled Payment Date, the sum of the City Tax Abatements and County Tax Abatements generated in the preceding six (6)months with respect to the Development Property and remitted to the Issuer by the County. The pledge of available Abatements is subject to all the terms and conditions of the City Abatement Resolution, the County Abatement Resolution and the Contract. In no event will the City Tax Abatements to be paid under this Note exceed SMS1-178091v1 C-1 SH235-7 REGISTRATION PROVISIONS The ownership of the unpaid balance of the within Note is registered in the bond register of the City Finance Director in the name of the person last listed below. Date of Signature of Registration Registered Owner City Finance Director May 2, 2000 ADC Telecommunications,Inc. SMS I-178091v 1 C-4 SH235-7 CITY OF SHAKOPEE MEMORANDUM To: Mayor and City Council Mark McNeill, City Administrator From: Mark McQuillan,Natural Resource Director Subject: Adjustments to roof for Joe Schleper baseball Stadium Date: April 3, 2000 INTRODUCTION The City Council is asked to approve two Change Orders for the Joe Schleper Baseball Stadium Project. BACKGROUND Change Order#1 While installing the fascia on the roof of the grandstand,workers from Greystone Construction Company felt there may be too much"sway"(movement) in the structure. The architect was instructed to have a structural engineer check the structural stability of the roof. After careful analysis,the engineer from Duffy Engineering &Associates, Inc. recommended installing a steel crossbeam to connect the two front columns as a precautionary measure. To keep the project on schedule, Greystone Construction installed the crossbeam. Greystone owner Kevin O'Brien indicated his company would absorb the costs if it did not exceed more than$2,000. The final costs came in at$13,034.00. The engineering design is$3,000. (A footnote, Greystone Construction donated$7,000 to the baseball association for a new stadium scoreboard and donated steel poles for the backstop, which was not part of the bid. They also removed the concrete roofs off the dugouts and disposed of them.) Dick Koehn of RRK Structural Engineering designed the stadium's roof. Mr. Koehn passed away a week after he completed the plans. Therefore,the City would have a difficult time collecting damages from RRK Structural Engineering for the additional work. Mr. Koehn was the owner and only employee of the company. Change Order #2 In a cost cutting effort,the soffit to cover the bottom side of the roof was left out of project. Right now,the trusses are exposed underneath which makes for ideal place for birds to nest. To eliminate the possibility of having to constantly clean bird excrement off the seats, a soffit is recommended. The soffit will cost$13,000.00. BUDGET IMPACT Last Fall,the City Council approved an additional $11,000 to re-route the sanitary sewer. After considerable research,the contractor was able to re-route the sewer line without having to tear up additional asphalt or remove any trees. About$8,000.00 remains in the project. In 1999,the City budgeted$200,000 for stadium improvements but used only$97,0000 to match the TIF Funds for the project. If Council funds both Change Orders,the total amount being requested is $21,034.00 ($16,034+$13,000 - $8,000) ALTERNATIVES 1. Allocate $16,034.00 for Change Order#1. 2. Allocate $13,000.00 for Change Order#2 3. Table for additional information from staff. 4. Do nothing. RECOMMENDATION Alternative#1 and#2 There will be no other changes or additions to the project. ACTION REQUESTED If Council concurs with staff's recommendation, it should, by motion, move to approve $21,034.00 for Change Orders#1 and#2 of the Joe Schleper Baseball Stadium Project with funding to be allocated from the Park Reserve Fund. 1 f i Mark J. McQuillan Natural Resource Director • 15: 6 , , CITY OF SHAKOPEE Memorandum TO: Mayor and City Council Mark McNeill, City Administrator FROM: R. Michael Leek, Community Development Director SUBJECT: Individual Sewage Treatment System (ISTS)Management MEETING DATE: May 2, 2000 Introduction: In October 1999 the Council directed staff to proceed with turnover of ISTS management to Scott County, whose management plan applies in the townships and every other city in Scott County. However, in November 1999 the Council changed policy direction, and directed staff to research and proceed with a City ISTS management program, including point of sale inspection. Implementation of a city ISTS management program as discussed by the Council would add additional cost to the City's inspection budget. Staff contacted several cities and found one, Orono, that has an annual, rather than point of sale, inspection program conducted by the city's staff. The only city contacted by staff that has a point of sale program is Inver Grove Heights. Information from both of these cities is attached for the Council's information. Before the City's current comprehensive plan draft is declared complete for review by the Metropolitan Council, the City will either have to put in place an actual management program, or negotiate and produce an agreement for Scott County to take over ISTS management. For that reason, and because of the potential cost of one of the options, staff is asking that the Council briefly discuss the option it wishes to follow, and affirm to staff the desired direction so that we can implement the desired option. Briefly, the options are: > Implementation of a City ISTS management program that 1)requires regular inspection of systems, and 2)requires homeowners to contract with outside sources for inspection services. > Implementation of a City ISTS management program that 1) requires regular inspection of systems, 2)requires point of sale inspection and disclosure, and 2) requires homeowners to contract with outside sources for all inspection services. ➢ Implementation of a City ISTS management program that requires regular inspection of systems by City of Shakopee staff. ISTS.DOC/ML 1 ➢ Implementation of a City ISTS management program that 1)requires regular inspection of systems, and 2)requires point of sale inspection and disclosure by City of Shakopee staff. ➢ Negotiate an agreement with Scott County for the turnover of ISTS management. Action Requested: Offer and approve a motion affirming the Council's desired option for the implementation of ISTS management. i�� o / R. 1Viichael Leek Community Development Director ISTS.DOC/ML 2 CITY OF ORONO ger, 6122494616 04/10/00 15:20 51 :01/23 N0:168 o Cityo 2750 Kelly Parkway __._- -._ -_ P.O. Box 66 — - - - Crystal Bay, MN 55323 (612) 249-4600 - — Fax: (612) 249-4616 _________ FAX TRANSMISSION COVER SHEET Date: 4 IO 2000 To: 3;11E #16 Fax: C034-1�(`{ -.- 197 rg Re: 157.5 Cod c Sender: CHfit g Ponce": YOU SHOULD RECEIVE 2 3 PAGE(S), INCLUDING THIS COVER SHEET. IF YOU DO NOT RECEIVE ALL THE PAGES, PLEASE CALL (612) 249-4600. CITY OF ORONO 6 6122494616 04/10/00 15:20 5 :02/23 NO:168 7,:vikp‘ 04v.T.., \\ .,...,.„ :.p.,... CITYofORONO ,: :,_ l . / Municipal Offices G ' V;; /, street Address: Meg Address: i .� "` 'A S/ 2750 Kelley.Parkway P.O. Box 66 g0 Orono, MN 55356 Crystal Bay, MN 55323-0066 April 10, 2000 Julie Klima Shakopee City Hall 129 Holmes Street South Shakopee, Mn 55379 Dear Ms. Klima: The City of Orono regulates all use of individual sewage treatment systems (1STS). The majority of all properties on Lake Minnetonka have been serviced with sanitary sewer. The rest of Orono is serviced by septic systems. Orono began an ISIS inspection program in 1978 to monitor all ISTS in the City. Orono employs an On-Site Systems Manager to manage the ISTS program. Homeowners with septic systems are charged a yearly septic inspection fee. This fee generates the money to completely fund the ISTS program. Every property with a septic system is inspected at a minimum of every two to three years. The inspection checks the compliance of the system with State and City codes, inspects septic tank condition, and inspects the condition of the drainfield. Homeowners are sent a report stating the findings of the inspection. This report can include orders to pump the tanks or repair/replacement of the septic system and the time frame for the work to be done. Orono does not require a point of sale inspection. The annual inspection by the City is all that is required. If a current inspection is required by a mortgage company or realtor, the homeowner must then hire an independent contractor licensed by the State as an ISIS Inspector to inspect the system. Orono is currently in the process of rewriting our ISIS code. It should be adopted by the City Council this spring. I am sending you a current copy of our ISTS code. I will be happy to forward a copy of our new code when it is adopted. if you have any questions, feel free to give me a call at (952) 249 - 4600. Re ctfully . per On-Site Systems Manager Telephone(612)249-4600 • Fax(612)249-4616 CITY OF ORONO lig 6122494616 04/10/00 15:20 5 :03/23 NO:168 12.30 SEC. 12.30. . 0N-SITE SEWAGE TREATMENT. Subd. 1. Statement of Purpose. The Council is concerned about the manner in which sanitary sewage is disposed of and the effect of such disposal upon the City. Recognizing the need to regulate those systems and facilities intended to be used for the disposal of sewage, and pursuant to the powers and jurisdictions vested through Minnesota Statutes and other applicable laws, City Code provisions and regulations, the City does hereby adopt this Section for the following purposes: A. To provide minimum standards and criteria for thedesi onstruction, use and on- sitetreatmentlocation,sewge cm systems (hereinafter within the g City. B. To protect the land, water and other natural resources from pollution, impairment or destruction. C. To protect the public health, safety and general welfare of the residents and citizens of the City. D. To prevent the discharge of inadequately treated sewage to ground or surface waters. E. To prevent the flooding of or flood damages to operating systems. F. To prevent the premature extension of costly municipal sewer and water services consistent with the adopted Comprehensive Lard Use Plan of the City. Subd. 2. Definitions. The following terms, as used in this Section, shall have the meanings stated: 1. "Building" - Every building, structure or place intended for human habitation or use as a dwelling or agricultural, commercial, industrial or other establishment. 2. "Cesspool" - An underground pit into which raw sewage or other untreated waste is discharged and from which the liquid seeps into the surrounding soil. 3. "City Sewer" - A sewage collection system terminating in a treatment plant or Metropolitan Waste Control Commission facilities, and not utilizing septic tanks or soil treatment and absorption areas. Source: City Code Effective Date: 4-1-84 ORONO CC 489 (2-10-92) CITY OF ORONO W6122494616 04/10/00 15:20 5 :04/23 NO:168 12. 30 4. "Construction" - Any action which in any way affects the physical components of any new or existing system, including construction, installation, extension, alteration or repair, not to include pumping. 5. "Contractor" - A person licensed under the provisions of the City Code to engage in the business of system construction and pumping. 6. "Disposal" - The evaporation or absorption of purified liquids after treatment of the raw sewage. 7. "Holding Tank" - A water tight tank for storage of sewage until the sewage can be transported to an approved off- site point of treatment and disposal. 8. "Inspection Report" - The official report of the results of the inspection by the City, including any official orders to repair or replace non-conforming systems. 9. "MPCA Regulations Chapter 7080" - Minnesota Pollution Control Agency Individual Sewage Treatment Standards Chapter 7080 . 10. "On-site Sewage Treatment System" (hereinafter "system" or "on-site system" ) - A device or series of intercon- nected components designed, installed and maintained for the pur- pose of safely treating and disposing of sewage and domestic wastes from a dwelling or other establishment or group thereof, whenever such system is not part of a central sewer system. • (a) System Design Definitions : i. "Standard System" - An individual sewage treatment system employing a building sewer, sewage tanks, and the soil treatment system, consisting of trenches or mounds which are constructed on original soil which has a percolation rate equal to or faster than 120 minutes per inch. ii. "Alternative System" - Alternative systems include modified standard systems ( seepage beds, curtain drained systems) reduced area systems (aerobic tanks , separated toilet waste and greywater systems, seasonal use systems); advanced alternative systems (mounds with percolation rate slower than 120 mpi, collection systems, other systems such as toilet waste treatment devices , etc . ) ; and holding tanks . iii.. "Prohibited Systems" - Cesspools , dry wells, leaching or seepage pits, and privies. ORONO CC 490 ( 2-10-92) CITY OF ORONO 6122494616 04/10/00 15:20 5 :05/23 N0:168 12.30 (b) System Construction Status Definitions: i, "New System" - Any proposed system or any newly constructed system, which construction takes place after the adoption of this Section, shall be a "new system' until the time of final inspection approval "Existing y the City. ii. System" - Any system con- structed and in use prior to the adoption of this Section. "New systems shall become "existing systems" at the time of final inspection and approval by the City. (c) System Conformity Definitions : i. "Code System" - A system which meets all the location, design and construction standards of the current City Codes,fathed which entirescurrenti satisfactorily disposing sewage inputwitho without discharging any pollutants into ground or surface waters. ii. "Conforming System" - A system which does not meet all the location, design and construction standards of the current. City Codes, but was installed according to the code in effect at the time of installation, and which is operating satisfactorily by treating and disposing of the entire current sewage input without discharging any pollutants into ground or surface waters. iii. "Non-Conforming System" - A prohi- bited system; a system located within a designated 100-year floodplain; any system which may or may not meet all the location, design or construction standards of the current City Codes and which is failing for any reason; and any system with less than 3 feet of unsaturated soil or sand between the distribution device and the limiting soil characteristics. "Failing System" - Any system which is being used beyond its capacity or for any other reason has failed to treat properly and/or dispose of the entire current input and is therefore: ( 1 ) Discharging pollutants , or any liquid, to the surface of the ground or the ground water or to any lake, stream or other body of water; or, (2 ) Not accepting sewage input from an occupied building; or, ( 3 ) Creating a safety hazard due to unprotected or improper ee; or, (4)tr Creating aion or spublic c nuisance in any manner. 11. "Owner" - Any person having legal or equitable title or sufficient proprietary interest in any building or land subject to the provisions of this Section. For purposes of notification, the owner shall be the occupant of the property or the person listed as taxpayer on the current tax rolls. ORONO CC 491 (2-10-92) CITY OF ORONO 6122494616 04/10/00 15:20 5 :06/23 NO:168 12.30 12. "Pollutants" - Bacterial or chemical impurities including pathogenic bacteria, infectious viruses, toxic chemicals, excess nutrients (nitrogen and phosphorous ) , unpotable water, or septage. 13. "Privy" - An outhouse, a cesspool enclosed by a building, typically not served with running water. 14. "Pumping" - The removal by gravity, syphon or mechanical means of any liquid or septage from sewage or holding tanks. 15. "Seepage Pit or Leaching Pit or Dry Well" - An underground pit into which a sewage tank discharges effluent or other liquid waste and from which the liquid seeps into the surrounding soil through the bottom and openings in the side of the pit, including sewage tanks which are not watertight. 16. "Septage" - Those solids and liquids removed during periodic maintenance of a septic or aerobic tank, or those solids and liquids which are removed from a holding tank. 17. "Septic Tank" - Any watertight , covered receptacle designed and constructed to receive the discharge of sewage from a building sewer, separate solids from liquid, digest organic matter, store septage through a period of detention and to allow clarified liquids to discharge for further treatment in another septic tank or to a soil treatment system. 18, "Sewage" - Any water carried domestic waste, exclusive of footing and roof drainage, from any dwelling or other structure. Domestic waste includes liquid waste produced by toilets , bathing, culinary operations, and the floor drains associated with these sources and specifically excludes animal waste and commercial or industrial waste water. 19. "Site Evaluator/System Designer" - A person licensed under the provisions of the City Code to engage in the business of sewage treatment system site evaluation and design. 20. "Soil Treatment Area" - That area of trench or bed bottom which is in direct contact with the drainfield rock of the soil treatment system, and for mounds , that area to the edges of the required absorption width and extending five feet beyond the ends of the rock layer. 21. "Structure" - Anything which is built, constructed or erected, an edifice or building of any kind, or any piece of work artificially built up or composed of parts joined together in some definite manner, which requires a location on, below or above the ground. ORONO CC 492 (2-10-92) CITY OF ORONO ' 6122494616 04/10/00 15:20 5 :07/23 NO:168 12.30 22. "Treatment" - The purification of raw sewage by the removal or neutralizationbiological and physical iltrati n,h land bacteriological processes, gasification. Subd. 3. Terms Not Defined Herein. Words and terms not defined heas amended, have those the Subdivision Chapter as amended, and MPCA s as set forth in the Zoning Chapter as a , Regulations Chapter 7080. Sources Ordinance No. 210 Effective Date: 5-4-78 ORONO CC 492-1 (2-10-92 ) CITY OF ORONO ill 6122494616 04/10/00 15:20 C9 :08/23 N0:168 12. 30 Subd. 4. General Provisions. A. Treatment Required. All sewage generated within the City shall be disposed of by connection to the City sewer system or shall be treated and disposed of in an on-site system according to the provisions of this Section. B. Jurisdiction. The provisions of this Section shall apply to the method of sewage disposal from every building within the City intended for human use or habitation, whether such use is permanent, temporary or seasonal, regardless of the date of original construction or use. 1. The owners of all buildings where City sewer is available or becomes available, shall connect the buildings to the City sewer within 16 months of the availability of the sewer according to the provisions of the City Code. 2. At the time connection to city sewer is completed all existing septic tanks no longer in use shall be pumped out and filled with native soil. 3. The owners of those buildings which have been completely connected to City sewer shall be exempt from the maintenance and inspection provisions of this Section. C. Surface Discharge. Unless specifically permitted by MPCA and the City of Orono, sewage , sewage tank effluent, or seepage from a soil treatment system shall not be discharged to the ground surface, abandoned wells, or bodies of surface water, or into any rock or soil formation the structure of which is not conducive to purification of water by filtration, or into any well or other excavation in the ground. All new or existing systems which discharge to surface waters or the ground surface must obtain either a National Pollutant Discharge Elimination System (NPDES ) or State Disposal System Permit from MPCA and shall comply with all federal, state, and City requirements pertaining thereto. D. Standard System Required. In areas not served by City sewer systems, sufficient open land of suitable soil characteristics shall be provided for each new or existing building to allow for the design, construction and use of a 'standard" on- site system within the property or on which such building is located. Standard systems are the only new systems permitted by this Section without a variance thereto. 1. "Alternative systems" shall not be permitted except by variance. 2. "Prohibited Systems" shall not be installed or used except as permitted elsewhere in this code. ORONO CC 493 (2-l0'-92 ) CITY OF ORONO a 6122494616 04/10/00 15:20 5 :09/23 NO:168 12.30 E. Variances. Should the City find that any of the provisions of this Section are not applicable to the design, location, or construction of a specific system, or would cause unnecessary or unintended hardship to the owner, the City may permit such variations therefrom as are not contrary to the intent and purpose of this Section or other applicable law. 1. Variance applications shall be reviewed by the City upon written request of the owner or the owner's agent. 2. Variances, when approved, shall be subject to all conditions and requirements established by the City at the time of approval or thereafter. 3. Alternative system designs shall be reviewed by the City who shall approve, conditionally approve or disapprove of the proposal. The owner shall submit complete site evaluation, design, construction and material specifications as required by the MPCA Regulations Chapter 7080 and the City. The owner shall pay all costs incurred by the City in the review of the proposal. 4 . Site limitations including soil characteristics and lot size may require Alternative System design for the repair, alteration, extension or replacement of existing systems, or for the construction of new systems on lots of record as of the date of adoption of this Section. In such cases, the City shall have authority to approve, conditionally approve or disapprove the proposal. 5 . Subdivision proposals may include Alternative Systems for one or more proposed lots. In such cases, the City's review and recommendations shall be forwarded to the Planning Commission and Council for inclusion in the review of the preliminary plat. The Council may approve, conditionally approve or disapprove of the proposal and may require that the proposed subdivision be redesigned to reduce or eliminate the use of Alternative Systems. F. Building Permit Applications. No building permit shall be issued by the City for any new building which will be connected to a new on-site system until the site evaluation report and system design specifications as required by the MPCA Regulations Chapter 7080 and the City Code have been reviewed and approved. Where the construction of additional bedrooms , installation of mechanical equipment, or other factors likely to affect theoperation of the system can be reasonably anticipated, the installation of a system for such anticipated need shall be required. No building permit shall be issued unless primary and alternate drainfield sites have been tested and approved. No building permit or plumbing permit shall be issued by the City for any expansion or alteration of a building or use connected to an existing on-site system, until such system has been inspected and ORONO CC 494 (2-10-92) CITY OF ORONO ti 6122494616 04/10/00 15:20 5 :10/23 NO:168 12.30 certified by the City as being in compliance with this Section. Whenever the addition of bedrooms or plumbing fixtures, or a change in the character or intensity of the established use is proposed, the City may require the review and/or replacement, roptir, alteration or expansion of the existingsystem or anyp ron thereof. G. Subdivision Applications. No subdivision, lot division or replatting for the purpose of creating a new building site, which property includes the use of on-site systems, shall be approved by the City until a site evaluation report nand all system design when required has been reviewed and app existing systems have been inspected and certified by the City as being in compliance with this Section. 1 . Each new lot which is not further subdividable under thelot standards alternate drainfield sites.shall have tested and approvedprimary 2. Each new lot containing less than 5 acres in dry buildable area shall have tested and approved primary and alternative drainfield sites. 3. For a l l lots containing less than 5 acres of dry buildable area, the site evaulation report shall also include detailed system design specifications as normally required for building permit applications . 4. For each proposed lot, drainfield sites and system designs shall be capable of serving a 5-bedroom home (750 GDP Design Flow Rate) . 5. As part of any subdivision, the owner shall grant to the City in a form approved by the City a perpetual right of entry to allow for the future inspection of all systems, which right of entry may be filed in the chain of title for the property. ORONO CC 494-1 (2-10-92 ) CITY OF ORONO TS 6122494616 04/10/00 15:20 X1 :11/23 NO:168 12.30 Subd. 5. System Design and Construction. All system permit applications, site locations, design specifications, construction methods and material specifications shall be according to the minimum standards and criteria listed in MPCA Regulations Chapter 7080.0110 - 7080.0210, with the following additional minimum standards: A. Site Evaluation. The proposed site of every new system or altered or expanded existing system shall be investigated by a qualified site evaluator who shall prepare and submit a report to the City therein identifying relative site elevations and locations on a plot plan; water table depth, soils and soil characteristics; tabulating the results of required soil borings and percolation tests; describing the testing methods and equipment used; and generally evaluating the suitability of the site for system construction and use as stated in MPCA Regulations Chapter 7080. Site evaluation shall be prepared and signed by a MPCA certified site evaluator , including the site evaluator' s certification number. The site evaluator must also be licensed to operate in the City of Orono. The site evaluation report shall include the following: 1. Soil Borings. Soil borings must be taken to a depth at least 5 feet below any proposed soil treatment system. If a water table or soil mottling is encountered at a depth less than 5 feet, the boring shall be continued to a depth 2 feet below the highest water table or mottling indicator. The number of soil borings necessary for the site evaluation report listed below is the minimum requirement. Additional borings 'may be requested by the City due to questionable soils. (a ) For new systems , at least three soil borings shall be made within the primary drainfield area and three soil borings within the alternate drainfield area. (b) For replacement systems, at least three soil borings shall be made in the proposed replacement area. (c) For additions to existing systems, at least one soil boring shall be made in the expansion area. 2. Percolation Tests. The number of percolation tests required for the site evaluation report listed below is the minimum requirement. Additional percolation tests may be requested by staff due to questionable soils. (a) For new systems, at least three percolation tests shall be made within the primary drainfield area and three percolation tests within the alternate drainfield area. ORONO CC 495 (2-10-92) CITY OF ORONO g 6122494616 04/10/00 15:20 5 :12/23 NO:168 12. 30 (b) For drainfield replacements at least three percolation tests shall be made in the expansion area. (c) For additions to existing systems, at least one percolation test shall be made in the expansion area. 3. Plot Plan. A scale drawing of the entire lot showing the following: a. All property lines and lot dimensions. b. All existing and proposed structures . c. All existing or proposed well locations, or water supply piping. d. Relative elevations of house, lot corners and drainfield areas. e. Slope of ground at drainfield sites by contour lines or direction arrows and slope percentages. f. Location of a l l percolation test holes and soil borings with identifying symbols and relative ground elevations of each. g. Primary and alternate drainfield areas identified. h. Distance from primary and alternate drainfield areas to property lines, well locations, and any lake, stream, marsh or drainage channel within 75 ft. of any part of the system. Source: City Code Effective Date: 4-1-84 B. System Design. System design specifications shall include proposed flows or other sizing information, minimum sewage tank capacity, minimum soil treatment area requirements, a plan of the component layout, and all other information necessary to assure the City that the system is designed and will be constructed to receive, treat and dispose of all of the sewage from the building served. Footing or roof drainage, garage floor drainage, toxic chemicals, flammable liquids, animal wastes , commercial process water and commercial kitchen grease shall not enter any portion of the system but shall be separately treated and disposed of according to the applicable regulations of the MPCA, the Minnesota State Board of Health and the City. ORONO CC 496 (2--10-92) CITY OF ORONO t 6122494616 04/10/00 15:20 5 :13/23 NO:168 12.30 1. Setbacks. The minimum setback distance requirements are as follows: Feature Sewage Tank and Soil Treatment Area Water Supply Well 75' Wetland 75' Lake: 75' General Development 75' Recreational Development 150' Natural Environment 75' Tributaries, Streams Driveways, Sidewalks, Decks, 20 ' and other Hardcover Property Lines, Buildings 20 ' and Buried Pipes 10 ' Lawn Sprinkler Systems 2. Sewage Tanks. The minimum sewage tank size requirements are as follows: No. of Bedrooms Tank Liquid Capacities: (Gal. ) 4 or less 1000+1000 Regardless of garbage disposal use 5 or 6 1250+1000 7 , 8 or 91500+1500 10 or more Sewage tanks shall be sized as "other" establishment per Subp. 3 Sec. B in MPCA Regulations Chapter 7080.0130 • 3. Pumping Stations. In order to standardize installation andelectrical cmustcbeom t in addi ion followingto MPC pumping station requirements Regulations Chapter 7080: (a) Electrical Connection. lockable ( 1 ) A water-tight , electrical box must be mounted on a 4x4 inch treated redwood or cedar post. (2) All electrical connections shall be made within the box. Pump connection must not be made using a direct line (plug in only). Wire entry to the electrical box shall be sealed with putty. (3) Alarm and pump floats shall be on separate electrical circuits. ORONO CC 496-1 (2-'10-92) CITY OF ORONO 13 6122494616 04/10/00 15:20 5 :14/23 NO:168 12.30 ( 4 ) Electrical wire from power supply must not run over any tanks but must be lapost. iidbeside the ntanks and placed in conduit al(5g Electrical corthe electrical s from the pump and floats must be run through a 2 inch PVC conduit (Schedule 80). Wires must not have ground contact. (b) Pumping Chamber. (1 ) Effluent pipe exiting the pumping chamber should be laid on a uniform slope up to the soil treatment area for proper drainback. If the pipe at the tank must be lower than union to get elevation for drainback, a 1/4 inch weep hole must be used. (2) When the soil depth above the pressure distribution pipe is less than 3 1/2 feet, insulation must be added to achieve an insulating factor equal to 3 1/2 feet of toil to decrease the potential for freezing ( styrofoam or concentric piping are acceptable methods). Piping under hardcover such as tennis courts or driveways shall receive an additional 1 foot of soil cover or equivalent insulating f ) eecapacity equaling 75% of the anticipated daily flow must be allowed in the pumping chamber between the alarm activation level and the pump tank inlet. 4 . Drainfields. (a) Trenches. Trenches must meet MPCA Regulations Chapter 7080 and may not be located on slopes greater than 18% without variance. (b ) Mounds . Mounds must meet MPCA Regulations Chapter 7080 and may not be located on soils with percolation rates slower than 120 mpi nor on slopes greater than 6% without variance. C. Conformity Standards. 1. New systems shall be located, designed and constructed as code systems. 2. When an existing code system is repaired, altered, or expanded, such system shall remain a code system. Conforming systems, when repaired shall be upgraded to a code system status whenever such classification is reasonably attainable. 3. Existing non-conforming systems shall be replaced by code systems whenever such classification is reasonably attainable. If a code system is not achievable due to soil, r table, or lot limitations, the system may be replaced or repaired such that it becomes a conforming system. ORONO CC 496-2 (2-10-92) CITY OF ORONO ? 6122494616 04/10/00 15:20 5 :15/23 NO:168 12.30 D. Construction Procedures. ed l. easProtect hall be identified and marked offs o drainfield absorption areas the lot at the time of the site evaluation and prior to any hallconstruction or grading until drainfield the area. he drainfield construction area is shall 1 remain and commenced. No vehicular traffic shall be allowed in the drainfield area either before or after drainfield installation. 2. Favorable Weather Required: Drainfield absorption area orh d Brain ch construction 48 hourst proceedif iorthe trench is wet or has construction shall not proceed unless the soil moisture content is below the plastic limit. 3. Construction Inspection Required: The contractor issued a permit fothen-site designsspecifications approved by ystem construction shall perform a l l work according to the City for each particular system. distribution system ee and work soilG building sewer, sewagethe City Inspector prior to treat- ment area shall be inspected bthereof. It shall be the backfilling or covering of any portionat least 24 responsibility of the contractor to notify the City it hours prior to the time an lit of thetion will contractor to ensure thatdthe shall be the responsibility approved is prior tosanytbackfil on is accomplished a ng or continuationtofnthe cstruction. to any backfilling, Subd. 6. System Operation, Use and Maintenance. A. Existing systems require prudent use and proper maintenance to ensure that each ut and operatestem will oininue to conformancetwith and dispose of the entire sewageP for certain this Section. Therefore, this monitoringpof all ssystems within maintenance standards and regular the City. Source: Ordinance No. 210 Effective Date: 5-4-78 B. Owner's Responsibiity. It shall be the respon- sibility of each property m wner in u eooreexisting onjhis property is at the on-site sanitation device or syste in conformance with all requirements of this Section; that the device or system properly treats and/or adisposes the the ctiree sewage input generated on the property;maintained at all times. If system is adequately and properly devicesnte unpermitted non-conforming, mislocated, or failing ORONO CC 496-3 (2-10-92) CITY OF ORONO rgi 6122494616 04/10/00 15:20 5 :16/23 NO:168 • 12.30 systems shall be found by the City because of complaint and/or routine inspection, correction orders shall be issued by the Building Official or On-Site Manager requiring repair, alteration or replacement in strict accordance with the requirements of this Section. Failure of any owner to obey such a lawful order shall be cause of the City to initiate legal actions including condemnation of all occupancy of the property pursuant to Minnesota Statutes 463.15 et seq. Source: City Code Effective Date: 4-1-84 C. System Use. All owners using or controlling the use of any on-site system shall use said system in a prudent manner, shall control the volume of liquid discharged into the system consistent with the design capacity, shall strictly limit the discharge of shredded garbage, residential kitchen grease or other solid matter into the system, and shall prohibit the discharge into the system of footing or roof drainage, garage floor drainage, toxic chemicals, flammable liquids, animal wastes or commercial process water and commercial kitchen grease. D. System Maintenance. A l l owners using or controlling the use of any on-site system shall perform the following maintenance functions: 1. System Location: Within twelve ( 12) months of the effective date of this Section, a diagram shall be prepared and thereafter kept on the property showing location of the system including the sewage tank(s ), distribution box(es) and soil treatment area. Source: Ordinance No. 210 Effective Date: 5-4-78 2. Annual Inspection: Within twelve ( 12) months of the effective date of this Section, and at least once between March 1 and June 30 of each succeeding year, the inspection manhole and the inspection pipe of every sewage tank and holding tank shall be opened and the depth of the scum and sludge accumulated in the tank shall be measured. Whenever existing sewage tanks are not provided with inspection pipes, the owner of said tank shall install same within twelve ( 12) months of the effective date of this Section. At the same time that the septic tank is opened for inspection, each distribution box shall be opened and any accumulated solids shall be placed in the septic tank for treatment. Source: Ordinance No. 218 Effective Date: 2-1-79 ORONO CC 497 -10-92) (.7 jfir' s eG' `sir, CITY OF ORONO II 6122494616 04/10/00 15:20 5 :17/23 N0:168 12. 30 3. Regular Pumping: Sewage tanks and/or holding tanks shall be regularly pumped of septage as provided by this Section. 4. Owner's Records: Full and accurate records shall be kept on the property which records shall list the date of every sewage tank or holding tank pumping, the contractor responsible for the pumping and the gallons removed, the date and nature of all system repairs or alterations occurring after the effective date of this Section, and shall include copies of the most recent City Inspection Report classifying the operation of the system. E. Sewage Tank and Holding Tank Pumping. It is unlawful for any person to pump or remove any septage (liquids or solids) from any sewage tank or holding tank without complying with the requirements of this Section. 1. Required Pumping: The owner of each sewage tank or holding tank shall cause said tank to be pumped for the removal of septage when required by one or more of the following provisions : (a) Sludge buildup: Sewage tanks shall be pumped whenever measurement of the tank indicates that the top of the sludge layer in the tank or any compartment thereof is less than 12 inches below the bottom of the outlet device or the floating solids layer is less than 3 inches from the bottom of the outlet device. (b) Regular pumping: No sewage tank shall remain in service without being pumped at least once every three years, whether or not measurement indicates a sludge buildup. Each existing septic tank shall be pumped at least once within 36 months of the effective date of this Section and thereafter at least once within 36 months of each succeeding pumping. ( c ) System failure : Non-conforming systems discharging pollutants shall have the sewage tanks regularly pumped to limit or eliminate effluent discharge until satisfactory repairs have been completed. (d) Holding tanks: Holding tanks shall be pumped on a regular basis and in all cases shall be pumped before overflowing occurs. 2. Contractor Required: All sewage tank and holding tank pumping shall be performed by licensed contractors . 3. offsite Disposal Required: All septage removed from sewage tanks or holding tanks shall be removed from the site in sealed containers and shall be disposed of in a sanitary location and manner according to the requirements of the Metropolitan Waste Control Commission. ORONO CC 498 (2-10-92) CITY OF ORONO ' 6122494616 04/10/00 15:20 5 :18/23 NO:168 12. 30 4. Registration Required: Each pumping of every sewage tank and holding tank shall be registered with the City on forms provided for that purpose, within seven (7 ) days of the pumping. The contractor shall certify to the City the owners of the property, property address, date of pumping, gallons removed and location of sanitary disposal. Failure to register any pumping with the City shall be cause to revoke the contractor's license and/orforfeiture of the bond and may result in the City Inspection Report ' s classifying the system as non-conforming. Source: Ordinance No. 210 Effective Date: 5-4-78 Subd. 7. Special Provisions for Lake Minnetonka Islands. All lots, properties, buildings and structures on Big Island, Mahpiyata Island and Deering Island, Lake Minnetonka, shall be pro- vided with on-site sewage treatment systems conforming to the requirements of this Section, as amended by the following special provisions and specific exceptions pertaining to island properties . Source: City Code Effective Date: 4-1-84 A. Systems Not Required. Vacant property or property used solely for one-family seasonal recreational use of land without structures , or with accessory structures only, as permitted in the "RS" Zoning District, need not be provided with an on-site sewage treatment system provided that at any time such property is actually in use by one or more persons for overnight or longer stays that an approved marine toilet or portable holding- tank toilet shall be available on the property or within a watercraft docked or moored at the property. B. Outhouses Permitted. Notwithstanding other prohibitions against privies, outhouses or pit-type toilets, these devices may be used on property in the "RS" District subject to the following restrictions: 1. Outhouses may be used only on property used for: (a) Seasonal dwellings of less than 800 square feet in floor area. (b) Seasonal recreational use of land without structures , or with accessory structures only. (c) Any other permitted or conditional use only upon approval of a variance issued by the Council. 2. Outhouses shall be dry with no water plumbed-in. 3. Outhouses shall be constructed in accor- dance with MPCA Regulations Chapter 7080.0210 Subp. 4, except that sealed vault type outhouses shall not be permitted. ORONO CC 499 (2-10-92) CITY OF ORONO 6122494616 04/10/00 15:20 5 :19/23 NO:168 12.30 4. Outhouses shall be located as per MPCA Regulations Chapter 7080 as modified by this ordinance. 5. Existing outhouses not conforming to any or all of the above requirements shall be abandoned, filled-in and the superstructure removed within 1 year of notification that a non- conformity exists, but in any case not later than 2 years after the effective date of this subdivision. 6. It is unlawful for any person to construct, install or relocate an outhouse without first obtaining a permit from the City as required for other on-site systems, except that outhouse permits may be issued to the property owner as well as to licensed contractors. Permit applications shall specify location, setbacks, pit design and pit elevation above the highest water table indicator. At least one soil boring in the location of the outhouse shall be provided by a MPCA certified, city licensed site evaluator. All work on outhouses including construction, installation, alteration or relocation shall be subject to inspection and approval by the City to ensure compliance with the requirements set forth herein, including without limitation proper design, construction, sanitary setbacks, depth to water table and soil types. C. Alternative waste treatment devices are permitted in lieu of an outhouse on any property where outhouses are permitted pursuant to Subparagraph B above, or where otherwise necessary to provide toilet waste disposal for an existing dwelling where a conforming outhouse or on-site sewage treatment system cannot .be installed. Such devices shall include incinerating devices, composting devices or small portable holding-tank toilets which are carried to the mainland for disposal in a sanitary sewer system. Alternative systems shall be subject to review and approval by the City. D. On-Site Sewage , Treatment Systems Required. 1. A complete on-site sewage treatment system including plumbing fixtures , two sealed sewage tanks and drainfield designed, constructed and maintained in full conformance with the On-Site Sewage Treatment Code is required on all properties in the "RS" District as follows: (a) Serving all structures containing a principal dwelling. (b) Serving all properties containing two (2) or more dwellings pursuant to a private guest cabin conditional use permit. (c) Serving all seasonal dwellings over 800 square feet in floor area. ORONO CC 500 (2-10'-92) CITY OF ORONO r 6122494616 04/10/00 15:20 01 :20/23 NO:168 12. 30 2. Serving all dwellings , buildings or structures containing a water-activated toilet regardless of the type or duration of use or occupancy. 3. Any dwelling, building or structure having running water plumbed inside to any sink, lavatory, tub, shower, or any other plumbing fixture, but not a toilet, shall have a conforming grey-water disposal system including a septic tank and drainfield connected to such fixture drain(s). 4. Any existing dwelling, building, or structure required by one or more of the above Items to nbe e connected to an on-site sewage treatment system, butso connected as of the effective date of this Subdivision, or which has an existing system that does not conform to minimum setbacks or other requirements of the "RS" Zoning District, shall have a new conforming on-site sewage treatment system installed within one year of notification that a non-conformity exists, but in any case not later than 2 years after the effective date of this subdivision. 5. All other provisions of this Subdivision shall apply to on-site sewage treatment on the Lake Minnetonka Islands , including without limitation the requirement for construction permits , construction inspection, and darreguldar maintenance inspections, includingpayment oservice charge. Subd. 8 . Administration. A. Administrating Officer. The provisions of this Section shall be administered by the Building and Zoning Department and the Building Official who shall coordinate all permit applica- tions inspection echnical matters services. The n-Site iincluding sys em design and stems Manager shall review and evaluate installation as provided herein. Source: City Code Effective Date: 4-1-84 B. Inspection Program. For purposes of insuring continued proper use and maintenance of a l l existing onsite systems, the City shall periodically inspect each existing s Norl - and shall classify each system as Code, Conforming, or Conforming. 1. Right of Entry: The City Inspector shall have the right of entry onto every property in the City, which property includes an on-site system, for purposes of inspecting said system conformity ssu d th the after adoption rovisions oof this Section. Se tion Each constructionp ORONO CC 501 (2-10-92) CITY OF ORONO 6122494616 04/10/00 15:20 5 :21/23 NO:168 12.30 • shall extend the right of entry to the City Inspector by explicit approval of the owner requesting such permit, which approval may be filed in the chain of title for the property. Failure of any party to grant the City access for this purpose shall be grounds to classify any system on the property as Non-Conforming. The City Attorney shall thereafter take such action as is necessary to enable the City to perform the inspection and to enforce all the provisions of this Section, and to assess the cost thereof against the property. 2. Inspection Report. Within thirty (30) days after the inspection of each system by the City, the City shall provide the results of said inspection in writing to the owner of the system, including the classification of the system as to conformance with City requirements and potential for existing or future problems. Notice of non-conforming or failing systems shall include orders for maintenance, repairs or replacement, the procedures for obtaining all required permits , the deadline for completion of the construction or pumping and the penalties for failure to comply with the order. 3. Code and Conforming Systems shall be inspected by the City at least once every two years. 4. Owners of Non-Conforming Systems shall be issued orders requiring maintenance, repair, alteration or replace- I ment. Systems found to be non-conforming shall be brought up to conforming status per Subdivision 5 (c) within one calendar year i( ; . from the date of the order. Systems found to be non-conforming due to failure or pollution hazards shall have remedial action required within a reasonable period of time as follows: rs (a) Sewage tanks requiring pumping shall be pumped within 48 hours. • (b) Sewage tanks or systems found to be ,, clogged, overflowing, leeching or otherwise discharging pollutants shall be pumped within 48 hours and thereafter as needed and the system shall be repaired, altered or replaced within 90 days. • 5. Systems required to obtain and maintain a MPCA State Disposal System shall meet the requirements of MPCA Rules Chapter 7080.0030. If the State Permit lapses, orders shall. be issued to cease use of the system within ten (10) days, such use to be discontinued until reinstatement of the State Permit. 6. Failure to obey a lawful order requiring repair, alteration or replacement of a Non-Conforming System shall be cause for the City to enjoin the owner or occupant from further use of the system. Upon notice, the owner shall have ten (10) days to show cause to the City why the property should not be condemned for occupancy according to Minnesota Statutes 463.15 et.seq. ORONO CC 502 (2-10-92) CITY OF ORONO @ 6122494616 04/10/00 15:20 5 :22/23 NO:168 12.30 C. Annual Service Charge. An annual service charge in the amount prescribed by resolution of the Council shall be paid • by the owner of every building connected to an on-site system, such charge for purposes of administering and enforcing the City Inspection Program as provided for herein. A separate charge shall be due for each separate system located on each property. Source: Ordinance No. 210 Effective Date: 5-4-78 1. The service charge shall be due 45 days after the billing date. 2 . It shall be the duty of the City Administrator to endeavor to collect all delinquent accounts. 3. Each year the City Administrator shall prepare an assessment roll providing for the assessment of the delinquent accounts against the respective properties as provided in Minnesota Statues 429.061, Subdivision 3, and shall certify same to the County Auditor who shall thereupon enter such amount with the tax levy on said property collectible with the taxes for the next year. D. (Codifier' s Note: Contractor licensing requirements covered in City Code Chapter 5.) Subd. 9. Enforcement; Violation. A. Enforcement. It shall be the duty of the Building Official •to enforce the provisions of this Section and to bring to the attention of the prosecuting attorney any violations or lack of compliance herewith. B. Civil Enforcement. Appropriate actions and proceedings may be taken by law or in equity to prevent any violation of the provisions of this Section to prevent unlawful construction, to recover damages, to restrain, correct or abate a violation, to prevent illegal occupancy of a building, or to prevent continued use of a non-conforming on-site system. Source: City Code Effective Date: 4-1-84 ORONO CC 503 (2-14-92) • CITY OF ORONO 6122494616 04/10/00 15:205 :23/23 NO:168 12.30 Subd. 10. Severability. If any provision of these standards or the application thereof to any person or circumstances is held to be invalid, such invalidity shall not affect other provisions of these standards or application of any other part of these standards which can be given effect without application of the invalid provision. To this end the provisions of all sections, subsections, or subdivisions herein and the various applications thereof are declared to be severable. Source: Ordinance No. 100, 2nd Series Effective Date: 2-10-92 (Sections 12.31 through 12.39, inclusive, reserved for future expansion. ) ORONO CC 503-1 (2-10-92 ) 04/07/00 FRI 12:10 FAX 6514502502 INVER GROVE HTS CITY HAL 01001 U City of Inver Grove Heights i . 8150 Barbara Avenue Inver Grove Heights, Minnesota 55077 Phone: (651) 450-2500 Fax: (651) 450-2502 • FACSIMILE TRANSMITTAL FORM DATE: 7 AZ I !# OFPAGE$• t1 (Includes transmittal form) TO: NAME: - .t.- COMPANY NA E: =ROM: fiNAME: /, is — tilIcte_pee... ..x.d CITY OF INVER GROVE HEIGHTS 8150 BARBARA AVENUE INVER GROVE HEIGHTS, MN 55077 • COMMENTS: r it A r r do 41- ' ,eatei , / . , o0i f OV/.i,/ . . // AZ 04/07/00 FRI 12:10 FAX 6514502502 INVER GROVE HTS CITY HAL �002 DAKOTA COUNTY • OW'7;c: ORDINANCE NO. 113 INDIVIDUAL SEWAGE TREATMENT SYSTEMS Amended By Dakota County Board of Commissioners May 19, 1998 r 04/07/00 FRI 12:10 FAX 6514502502 INVER GROVE HTS CITY HAL 1/003 1 It . SYSTEMS. 4 ' • - e SECTION ON 209 "PROPERTY FOR SALE" STANDARDS FOR SEWAGE � y to sell any property having a Sewage system must have a 209.1 All owners proposing State Licensed ISTS Inspector or Designer I complete the MPCA Sewage system Compliance Inspection form for existing Sewage systems in accordance with the MPCA's"Inspection Manual for Existing Systems." ">V.., 209.2 The seller must provide a copy of the completed Sewage system disclosure and Compliance Inspection forms to all potential buyers before the purchase agreement is signed, including all requirements where a Failing System needs to be replaced with a system that complies with this Ordinance. 209.3 The seller or buyer of a Failing System that is an Imminent Threat to Public Health or Safety must have the system repaired or replaced so that it is no longer an Imminent Threat to Public Health or Safety within 30 days after notification from the Municipality. If winter or excessive rain conditions prevent proper Sewage system replacement, the owner is required to take appropriate action, such as, having the septic tank(s) pumped or using less water, to eliminate any actual or Imminent Threat to Public Health or Safety. The seller or buyer of a Failing System that.is not an Imminent Threat to Public Health or Safety must have the Sewage system upgraded to a complying Sewage system within 10 months after notification from the Municipality. SECTION 210 ENVIRONMENTAL MANAGEMENT DEPARTMENT JURISDICTION. This Ordinance can-ies the authority of Minnesota Statutes Chapter 115.03 and the regulations adopted thereunder by the Minnesota Pollution Control Agency, specifically Minnesota Rules Chapter 7080, which allows local regulation of Individual Sewage Treatment Systems, and the authority granted under Minnesota Statutes Chapter 145A as amended, and known as the "Local Public Health Act". Refer to Section 102 for reference to jurisdiction of other agencies. SECTION 211 COUNTY DUTIES AND RESPONSIBILITIES. The Department and its staff shall have the following duties and responsibilities. 211.1 Receive the As-Built (uniform) records and pump/maintenance records of Individual Sewage Treatment Systems, charging the appropriate fees for these services as set forth in the approved fee schedule, and provide for permanent storage and retrieval as per Municipal Ordinance or citizen request 211.2 Administer the duties of the County as specified in this Ordinance and prepare and propose Ordinance amendments as needed. 2113 Provide limited technical assistance to Municipal Inspectors and ISTS Professionals according to County staff availability, for which the County may charge a fee at the hourly rate set forth in the County Board approved annual fee schedule. 211.4 Maintain a list of area State licensed ISTS Contractors for distribution to the public, Municipalities, Realtors and other interested individuals. The County may charge the ISTS Contractors a reasonable service fee for this service as set forth in the County fee schedule. If an ISTS Contractor fails to provide the required As-Built records and pump maintenance records within the time frame set forth in Section 205, the County may temporarily remove their name from this list until such time that the required records are submitted to Dakota County. 10 I 04/07/00 FRI 12:10 FAX 6514502502 INVER GROVE HTS CITY HAL 21 004 Inver Grove Heights Code 402.01 Section 402 - Design Installation and Maintenance of On-Site Individual Sewage Treatment Systems (Amended by Ord. 861; 3/25/96) (Amended by Ord. 911, 1/26/98) 402.01. Definitions. Subdivision 1. The following terms in this Section 402 shall have the following meanings as set forth below: Aerobic Tank. Aerobic tank means any sewage tank which utilizes the principle of oxidation in the decomposition of sewage by the introduction of air into the sewage. • Baffle. Baffle means a device installed in a septic tank for proper operation of the tank and to provide maximum retention of solids, and includes vented sanitary tees and submerged pipes in addition to those devices that are normally called baffles. Commercial and Industrial. Commercial and industrial means any use of a building or property other than a single family residential dwelling unit. Failed Individual Sewage Treatment System. Failed individual sewage treatment system means a soil treatment system that is allowing sewage, sewage tank effluent, or seepage from the soil treatment system to be discharged to the ground surface, abandoned wells, or bodies of surface water, or into any rock or soil formation of the structure of which is not conducive to purification of water by filtration, or into any well or other excavation in the ground. Failed individual sewage treatment system also means an individual sewage treatment system that uses cesspools, leaching pits or seepage pits or as defined by Minnesota State Rules Chapter 7080. Individual Sewage Treatment System. Individual sewage treatment system means a sewage treatment system or part thereof, serving a dwelling, or other establishment, or group thereof,which uses sub-surface soil treatment and disposal,including approved holding tanks. • Mound System. Mound System means a system where the soil treatment area is built above the ground to overcome limits imposed by proximity to water table or bedrock, or by rapidly or slowly permeable soils. Owner. Owner means all persons having possession o, control over, or title to an . individual sewage treatment system. Private Inspector. Private inspector means a person or company that has been licensed by the State ofMmnesota qualified to inspect existing individual sewage treatment systems. 04/07/00 FRI 12:11 FAX 6514502502 INVER GROVE HTS CITY HAL a 005 Inver Grove Heights Code 402.01 Pump or Pumped. Pump or pumped means the removal and sanitary disposal of septage from the septic tank. Removal of septage also includes complete removal of scum and sludge. Pumper. Pumper means a person or company that has been licensed by the State of Minnesota as qualified to service an existing septic system. Secondary Discharge: Secondary discharge means those solids and liquids discharged intermittently which are not part of the businesses commercial and/or industrial process, including,but not limited to, floor drains and overflow from containment areas. SeptaQe. Septage means those solids and liquids removed during periodic maintenance of a septic or aerobic tank or those solids and liquids which are removed from a holding tank. Sewage. Sewage means any water carrying domestic waste, exclusive of footing and roof drainage, from any industrial, agricultural, or commercial establishment, or any dwelling or any other structure. Domestic waste includes liquid waste produced by toilets,bathing, laundry, culinary operations, and the,floor drains associated with these sources, and specifically excludes animal waste and commercial or industrial waste water. Sewage Tank. Sewage tank means a water tight tank used in the treatment of sewage and includes,but is not limited to, septic tanks and aerobic tanks. Septic Tank. Septic tank means any waxer tight, covered receptacle designed and constructed to receive the discharge of sewage from a building sewer, separate solids from liquid, digest organic matter, and store liquids through a period of detention, and allow the clarified liquids to discharge to a soil treatment system. Soil Treatment System. Soil treatment system means a system where sewage tank effluent is treated and disposed of below the ground surface by filtration and percolation through the soil, and includes those systems commonly known as seepage bed, trench, drain field, disposal field and mounds. 402.02. Adoption of Dakota County Ordinance No. 113 by Reference. Ordinance No. 113 of Dakota county regulating individual sewage treatment systems and any subsequent amendments thereto, are hereby adopted by reference and shall be a part of this ordinance as if set fully herein. A copy of Dakota County Ordinance No. 113 is on file in the office of the City Clerk. 402.03. Adoption of Minnesota Pollution Control Agency Rule 7080 by Reference. Chapter 7080 of the Minnesota Rules of the Minnesota Pollution Control Agency Water Quality Division for Individual Sewage Treatment Systems (MPCA Rule 7080) and any subsequent 04/07/00 FRI 12:11 FAX 6514502502 INVER GROVE HTS CITY HAL 1006 Inver Grove Heights Code • 402.03 amendments thereto, are hereby adopted by reference and shall be a part of this ordinance as if set forth fully herein. A copy of MPCA Rule 7080 is on file in the office of the City Clerk. An individual sewage treatment system shall only be used for the discharge of sewage as that term is defined herein. 402.04. Holding Tanks. Holding tanks conforming to the requirements of this code are limited to the following installations: a. Tanks with a total capacity not exceeding 2000 gallons may be used for collection of secondary discharge not suitable for on-site treatment. b. Replacement of failed individual sewage treatment systems on existing uses when no other means of treatment is possible. 402.05. Design of Individual Sewage Treatment Systems. In addition to the requirements contained within MPCA Rule 7080, all new, rebuilt or otherwise modified individual sewage treatment systems located in the City shall conform to the following: (a). Designed by a person licensed as a designer by the State of Minnesota as being qualified to design such systems. Proof of such license shall be provided to the City at the time the design of the individual sewage treatment system is submitted to the City's building inspection division for approval. (b). The design shall be submitted to and approved by the building inspection division prior to issuance of any building permits for the subject site. (c). The design chall include a site plan indicating primary and alternate treatment areas and the results of two percolation tests for the primary treatment area. 402.07. Installation of Individual Sewage Treatment Systems. The installation of an individual sewage treatment system shall occur only at the location approved by the City's inspection division. Installation of the system at any other location shall require submission to and approval of revised design and location plans by the City's building inspection division. The system shall only be installed by a person or company licensed by the State of Minnesota as qualified to install such a system. 402.09. Testing for Locations. For all lots in unsewered areas that require platting or a waiver of platting, the landowner shall submit to the City a soil boring and analysis report prepared by a licensed designer or professional engineer trained in Individual Sewage Treatment System (ISYS). The analysis shall show the existence of an adequate land area of suitable soils that will accommodate at least two (2) sites for a soil treatment system on each lot, taking in account depth to water table, soil types and conditions, topographic features, flooding potential and_ mandatory setback requirements, as dictated by City ordinance and any applicable State and Federal regulations. The evaluation of the soils and the soil borings as well as the two (2) potential locations of the on-site individual sewage treatment system shall be submitted to the City for review and approval prior to any preliminary or final plat approval or waiver of platting being given for the subject property. Failure to provide the information required by this section 04/07/00 FRI 12:12 FAX 6514502502 INVER GROVE HTS CITY HAL (Z1007 Inver Grove Heights Code 402.09 or failure to have at least two (2) potential sites for a soil treatment system on each lot shall be grounds for denial of the plat or grounds for the denial of the waiver of platting. 402.10. Installation Permit Required. No individual sewage treatment system shall be installed, modified or repaired until an installation permit has been issued by the City and the permit fee specified in Chapter X has.:been paid. 402.11. Maintenance or Operational Permit Required. Subject to Section 402.15, no individual sewage treatment system shall be used unless the owner of the individual sewage treatment system has received a maintenance or operational permit from the City and the permit is in force and effect. Subdivision 1. Residential Maintenance Permit The owner of every single family residential sewage tank, septic tank or holding tank is required to have an Individual Sewage Treatment System (ISTS) maintenance permit from the City's building inspection division. The permit shall be issued by the building inspection division only after the owner has completed maintenance on the system in accordance with 402.11 Subd. 3. Subd. 2. Commercial and Industrial Operational Permit The owner of every commercial and industrial property serviced by an individual sewage treatment system is required to have an Individual Sewage Treatment System Operational Permit for each system from the City's building inspection division. The permit shall be issued by the building inspection division only if the following requirements are met: a. The owner of the individual sewage treatment systems has completed maintenance on the system in accordance with 402.11, Subd. 3.. b. Inspection shall be completed by the city building inspection division to verify water use and suitable effluent quality for on-site treatment For an increase in discharge rate due to a change of use or building addition, the owner will be responsible to complete an individual sewage treatment system evaluation to determine capacity of existing system. Permit will not be issued unless system is capable of handling discharge. c. The owner of the individual sewage treatment systems pays the required permit fee as set forth in Chapter X of the City Code. d. A new operational permit is required when a change of ownership,building use or. building addition occurs. Subd. 3. System Maintenance. Upon completion of inspection or pumping maintenance, the contractor shall submit a maintenance report to Dakota County within 30 days Report to be executed by the contractor shall state the following: 04/07/00 FRI 12:12 FAX 6514502502 INVER GROVE HTS CITY HAL 1008 Inver Grove Heights Code • 402.11, Subd.3a a. That the sewage tank or septic tank has been thoroughly pumped to remove all solids and scum in accordance with the requirements of Minnesota Rule Chapter 7080. Exception; Pumping is not required if a pumper or private inspector determines that accumulated sludge and scum layers do not exceed the levels required for pumping per Minnesota Rule Chapter 7080. b. The daze of the pumping and/or inspection. c. The license number of the pumper and/or private inspector. d. That the baffles and tank have been inspected by the pumper and/or private inspector and are in working condition. e. Indicate if there is any evidence of surface discharge from the drainfield. f. When holding tanks are pumped, indicate the number of tanks and gallons pumped. Subd. 4. Duration. The duration of the residential Maintenance Permit and Commercial and Industrial Operation Permit shall be for three (3) years and shall be renewed after fulfilling the requirements of 402.11, Subd. 1 and 2. The permit shall be deemed revoked if the system becomes a failed individual sewage treatment system. Subd. 5. Relation to Zoning Code. Permits will not be issued if the building or property use is not in conformance with City Zoning Code. Subd. 6. Renewal. If an owner has not renewed the permit as required by 402.11 Subd. 1 within 30 days following expiration of the permit, a late renewal fee as stated in Chapter X shall be paid before a permit is issued. 402.15. Schedule For Initial Permits. The owners of individual sewage treatment systems shall obtain a maintenance or operational permit as required no later than January 1, 1999. 402.17. Limits On Commercial and Industrial Discharge. No animal waste or commercial waste water or industrial waste water shall be discharged on the surface or into the sub-surface unless the person allowing or causing the discharge first obtains a State Disposal System Permit from the Minnesota Pollution Control Agency. Such discharges must comply with the terms and requirements of the State Disposal System Permit in order to continue. An individual sewage treatment system that on the effective date of this Section 402 is used for the discharge of animal waste or commercial waste water or industrial waste water may continue to be used for such purposes until such system becomes a failed individual sewage treatment system or the 04/07/00 FRI 12:12 FAX 6514502502 INVER GROVE HTS CITY HAL ! )009 Inver Grove Heights Code 402.17 Minnesota Pollution Control Agency orders discontinuance, whichever occurs first; then, in such case the new installed systems must comply with this Section 402. 402.19. Failed Individual Sewage Treatment System. The owner of a failed individual sewage treatment system shall replace, modify or reconstruct the failed system with ten (10) months of receiving a notice of noncompliance. Any failed system causing an imminent threat to public health or safety as defined by Minnesota Rule 7080.0020 Subpart 19a. shall be replaced, modified or reconstructed by the owner.within ten (10) months of receiving a notice of noncompliance. 402.21. Penalty. Violation of this Section 402 shall be a misdemeanor. Presentation to the City of any false or intentionally misleading statements, certificates or applications by the owner or by the certified pumpers or certified designers or installers of individual sewage treatment systems ch211 also be a misdemeanor. 402.22. Inconsistency. If any provision of this Section 402 is inconsistent with MPCA Rule 7080, or Dakota County ordinance No. 113, then that provision which is more demanding or provides a greater level of requirements or restrictions or provides an earlier date of compliance chall prevail and be controlling. If any provision of this Section 402 is inconsistent with City Code 517.12Q, then that provision which is more demanding or provides a greater level of requirements or restrictions or provides an earlier date of compliance shall prevail and be controlling. 05/02/00 01:47P P.002 0 c I Edirtd Realty www.edinarealty.com AN AFFILIAIL Of EDINA REALTY HOME SERVICES, A COMPLETE KCAL ESTATE SERVICES COMPANY May 2, 2000 Mayor Jon Brekke City of Shakopee RE: 1STS Management Dear Jon: After reading council agenda#15B.1 regarding implementation of a City Management Plan, 1 wish to comment. As a Realtor in the area for 27 I years,I am very supportive of the city handling their own inspection program rather than the county. I have seen far too many cases where no one was checking and it is evident that ground water contamination may be occurring. The problem has been—out of she, out of mind. It's a hot potato that no one wants to touch. Most counties I sell in, including LeSueur County and Sibley County, have point of sale inspection and regular inspection of systems. I am supportive of this type of management system. 1 see it as the only way to protectthe environment and do away with failing unreported systems. Most Realtors I know also believe that is the hest system. It insures that failing systems do not go unchecked. In most cases, a potential buyer will ask for a Septic Certification or the Lender will require one. Unfortunately, this does not take care of the many older systems where a sale may occur once every 50 years. Thank you for your consideration of this matter. Sincerely, (y�iLre/ Jane DuBois, CRS Edina Realty, Inc. SHAKOPEE OFFICE 1228 C. ViOinq Drive $hokop,o, MN 55379 PHONE 612.445.6400 FAX 612.445.825'2 04/12/2000 14:49 507-357-4812 LE5UEUR CO ENV bVS PAtat. n1 i • • LE SUEUR COUNTY ENVIRONMENTAL SERWICES 88 SOUTH PARK AYE. LE CENTER,MINNESOTA 56057-1620 ! • Mankato(507)3883302 St.Peter(507)931.3751 Metro(612)4454543 Aired Dial (407)357-2251 i Faa(507)337.4812 • TO WHOM IT MAY CONCERN: :8nclased is a list of Individual.Sewage Treatment Systems(ISIS)contractors an a few guidelines that may answer your questions regarding when a septic system compliance inspect opr is required in Le Sueur County. • I Compliance Inspections: • Only ISTS companies with a DESIGN 1 or an Inspector License!can conduct compliance L. inspection.(See ISTS list) ; • A compliance inspection must be done on any existing system on an;'property being sold or transferred. • A compliance inspection must be done on any septic system serving a hike shore home when no construction is requested such as an addition,deck,garage,etc.,or when!application is made for a variance or a conditional use permit. • A compliance inspection must be done on any addition of a bedroom orl variance on any property • when located outside of n lake shote. • A compliance Inspection must be done any time this office deems approiSriate, such as receiving a complaint or after information of system fallttre. . .....-..- -...�. ..._.........ti -. ....,.,,...,-.. I a ... ....T........ Inspection to the buyer at or before the closing, i i• All of the licensed Design 1 contactors have the necessary paper work to doroplete Le 8ueur County compliance inspections. I • The county impede NEW systems ONLY,we do not conduct complian a inspections for existing systems. Compliance inspections ate completed by state licensed sewage atment system inspectors. • State law requires that prior to signing an agreement to sell or transferral property, a seller must disclose to a buyer the status and location of the septic system serving the poperty. • The Compliance Inspection needs to be filed at the Auditors Office at the L Sueur County courthouse when the deed is filed. ;Who Can Do The Work; , .• A compliance inapectien•may be done by a Design 1 contractor or an Inepaltor. •• A new septic system may be designed by either a Design I or Design 2 contractor. • The compliance inspection can be done by the contractor who install}d the system under two conditions: 1) They have a Design I license; • 2Le Sueur County conducted an inspection at the time of installation and issued s Certificate of Compliance. • • r Transactions Occurring Between December I and April 30: 'If the transaction occurs between*December 1 and the following April 3p, and the Certificate of :Compliance cannot be completed,the transfer may occur with a stipulation that a compliance inspection shall be completed by the following June 1 and a certificate of compliance is ctnpleted and filed with she Department by the following September 30. } • If you have further questions please call the La Sueur County Planning and Zang Office at the numbers ,llstcd above. The office is open horn 8:00 AM to 4:30 PM Monday through Fri y. • t I5' 6. a. CITY OF SHAKOPEE Memorandum C -iE TO: Mayor and City Council Mark McNeill, City Administrator FROM: R. Michael Leek, Community Development Director SUBJECT: Distribution and Publication of Notice of Availability of an Environmental Assessment Worksheet(EAW)for proposed light manufacturing facility for ADC Telecommunications MEETING DATE: May 2, 2000 Introduction: ADC Telecommunications proposes the construction of a 490,000 square foot light manufacturing facility on the site adjacent to the Aggregate Industries(formerly CAMAS/Shiely) quarry site. The proposed facility falls above the threshold for the preparation of an EAW. The EAW has been prepared, and copies have been provided for Council's information. Council is not being asked to act on the EAW at this time. Rather, Council is asked to approve distribution of the EAW for review and comment and publication of notice of the availability of the EAW. If the Council approves distribution of the document for review and comment, notice would be published in the EQB Monitor on May 15, and the deadline for comments would be June 14, 2000 Action Requested: Offer and pass a motion to authorize publication of notice in the"EQB Monitor" and distribution of the EAW for ADC for review and comment only. R. Michael Leek Community Development Director EAWADC.DOC/ML 1 �. ,,. f � - � .� '" ��� '��?�n e ,,,,, .:._ „ ,.... „ _, ......._, to ADC Telecommunications, Inc. --$.7.--;..-. c) .... _,.......„. , .. „ 0). Prepared by: ET-- 00) P11111111111 < SHAIKOPEE ali 4144 0 h ,,,,\, ,,, I ECity of Shakopee c/o Michael Leek Community Development Director 129 Holmes Street Shakopee, MN 55379 .c" of- 1, ...x.. n ix ' u..9. _. EQB Publication Date: May 15, 2000 A 350 Westwood t Lake Office Boulevard EAW Comment Deadline: June 14, 2000 WSB 84 i eapoata Bou 55426 Minneapolis,MN 55426 AIMINIIIIIIMIL 812-541-4800 &Associates,Inc. FAX 541-1700 INFRASTRUCTURE - ENGINEERS - PLANNERS WSB Project No. 1233-001 ENVIRONMENTAL As SE S SMENT WORKSHEET Note to preparers:This form is available at www.mnplan.state.mn.us. EAW Guidelines will be available in Spring 1999 at the web site.The Environmental Assessment Worksheet provides information about a project that may have the potential for significant environmental effects.The EAW is prepared by the Responsible Governmental Unit or its agents to determine whether an Environmental Impact Statement should be prepared.The project proposer must supply any reasonably accessible data for—but should not complete—the final worksheet.If a complete answer does not fit in the space allotted,attach additional sheets as necessary.The complete question as well as the answer must be included if the EAW is prepared electronically. Note to reviewers:Comments must be submitted to the RGU during the 30-day comment period following notice of the EAW in the EQB Monitor.Comments should address the accuracy and completeness of information,potential impacts that warrant further investigation and the need for an EIS. - 1. Project title ADC Manufacturing and Engineering Facility 2. Proposer ADC Communications,Inc. 3. RGU City of Shakopee Contact Person Bernard J.Wenzel Contact Person Michael Leek Title Manager: Safety and Environmental Affairs Title Community Development Director Address PO Box 1101-MS-54 Address 129 Holmes Street City,State,Zip Minneapolis,MN 55440-1101 City,State,Zip Shakopee,MN 55379 Phone (952)946-3967 Phone (952)445-3650 Fax (952)946-3989 Fax (952)445-6718 E-mail bernie wenzel(a,adc.com E-mail mleek( ci.shakopee.mn.us 4. Reason for EAW preparation(check one) EIS scoping Mandatory EAW X Citizen petition RGU discretion Proposer volunteered If EAW is mandatory give EQB rule category subpart number 4410.4300,sbpt. 14 and subpart name Industrial, Commercial and Institutional • Facilities 5. Project location County Scott City/Township Shakopee SE1/4 Section 3 Township 115N Range 22W Attach each of the following to the EAW: • County map showing the general location of the project(Figure 1,Appendix A); • U.S.Geological Survey 7.5 minute, 1:24,000 scale map indicating project boundaries(photocopy acceptable);(Figure 2, Appendix A) • Site plan showing all significant project and natural features(Figure 3,Appendix A). 6. Description a.Provide a project summary of 50 words or less to be published in the EQB Monitor. The City of Shakopee has prepared an EAW for the ADC Manufacturing and Engineering Facility. This facility proposes a 490,000 sf facility(147,500 of office space,264,500 sf of manufacturing,55,500 sf of product test facilities, F:\WPWIN\1233-00\EAW.wpd and 22,500 sf building amenities)located on a 106-acre site immediately south of County Road 101 and east of Valley Park Drive in the City of Shakopee. b. Give a complete description of the proposed project and related new construction.Attach additional sheets as necessary. Emphasize construction,operation methods and features that will cause physical manipulation of the environment or will produce wastes.Include modifications to existing equipment or industrial processes and significant demolition,removal or remodeling of existing structures.Indicate the timing and duration of construction activities. PROJECT DESCRIPTION ADC Telecommunications,Inc.is a large corporation made up of several divisions located throughout the world. ADC designs and manufactures voice,video,and data systems for telephone,cable television,internet,broadcast, - wireless,and private communication networks. In order to meet business growth and projections,ADC is proposing to construct a new manufacturing and office facility located on a portion of a 106-acre site located at the southeast corner of Valley Park Drive and County Road 101 in the City of Shakopee. This project also proposes to construct roadways to connect the site to Valley Park Drive. The proposed facility will include an engineering office and support organizations such as product assurance testing facilities and manufacturing operations. The primary manufacturing technologies that will be utilized within this proposed facility include: • Injection molding of engineering grade plastics • Sheet metal fabrication • Continuous flow electrostatic powder painting • Punch press and precision progress die stamping • Precision tool and dies for making molds,dies and custom equipment • Diecasting operations As part of this proposed facility,significant infrastructure is needed for materials procurement,shop planning, facility and machine maintenance,manufacturing,engineering,etc. PHYSICAL AND ENVIRONMENTAL IMPACTS The construction and operation of the proposed ADC Telecommunications,Inc.manufacturing facility will have physical and environmental impacts. The physical impact to the site will be the change of land cover from rural grassland,brush,and wooded land to an industrial,highly impervious surface. This change in surface cover will increase the rate and volume of stormwater runoff that is generated from the site,as well as increase pollutant loads in stormwater runoff. Storm water will be pretreated on-site prior to discharge. The proposed manufacturing facility will discharge wastewater into the sanitary sewer system.Portions of the wastewater discharged from this site will be the result of paint facilities. Wastewater disposed of from the painting facility is high in phosphates and will be treated by elementary neutralization prior to discharge into the sanitary sewer system. ADC is anticipating using 0.1 MGD of water for the entire facility. In addition,there are impacts associated with air quality from increased traffic,as well as manufacturing processes. The manufacturing processes are anticipated to generate volatile organic compounds(VOCs),carbon dioxide(CO), sulfur dioxide(SO2),nitrogen oxide(NOX),and lead. CONSTRUCTION SCHEDULE Construction is anticipated to begin in July 2000,and continue through July 2001. CONSTRUCTION DESCRIPTION The building will consist of a one-story(high bay)manufacturing facility with an attached two-story office and product test building. The office and product test portion is proposed to be located to the north and west sides of the manufacturing facility. The main entrance will be located at the west end of the facility. The exterior wall materials will be masonry and architectural precast panel with large areas of glazing. Parking will be located south and east of the building. F:\WPWIN\1233-00\EAW.wpd c.Explain the project purpose;if the project will be carried out by a governmental unit,explain the need for the project and identify its beneficiaries. The purpose of this project is to increase ADC's office and manufacturing space. ADC currently has a facility within the Valley Green Business Park that will continue to operate. The project will be carried out by ADC. d.Are future stages of this development including development on any outlots planned or likely to happen? ❑Yes ■No If yes,briefly describe future stages,relationship to present project,timeline and plans for environmental review. ADC proposes to construct their facility on the east side of the 106 acre parcel and leave the west portion as an outlot. ADC may sell their adjacent outlot on the west at a future date. However,there are no current plans by ADC for this outlot. e.Is this project a subsequent stage of an earlier project? 0 Yes ■No If yes,briefly describe the past development,timeline and any past environmental review. 7. Project magnitude data Total Project acreage 106 acres(35.5 acres will remain as outlot) Number of residential units:unattached N/A attached N/A maximum units per building N/A Commercial,industrial,or institutional building area(gross floor space);total square feet 490,000 sf Indicate areas of specific uses(in square feet): Office 147,500 sf Manufacturing 264,500 sf Retail N/A Other industrial 55,500 sf(product test facilities) Warehouse N/A Institutional N/A Light industrial N/A Agricultural N/A Other commercial(specify) 22,500 sf(building amenities-includes hallways,bathrooms,etc.) Building height 32-37 feet If over 2 stories,compare to heights of nearby buildings N/A F:\WPWIN\1233-00\EAW.wpd 8. Permits and approvals required.List all known local,state and federal permits,approvals and financial assistance for the project.Include modifications of any existing permits,governmental review of plans and all direct and indirect forms of public financial assistance including bond guarantees,Tax Increment Financing and infrastructure. Unit of government Type of application Status Federal US Environmental Protection Hazardous Waste ID# To be applied for Agency State Minnesota Pollution Control Indirect Source Permit Application being prepared Agency Minnesota Pollution Control Total Facility Permit Application being prepared Agency Minnesota Pollution Control NPDES-General Stormwater To be applied for Agency Permit Department of Natural Resources Temporary Dewatering Permit To be applied for,if needed for construction Local Scott County Environmental Hazardous Waste Generator Permit To be applied for Health Scott County SWCD Review of stormwater management To be submitted plan Metropolitan Council Industrial Waste Discharge Permit To be applied for Environmental Services City of Shakopee Building Permit To be applied for City of Shakopee Site Plan/Plat Approval To be obtained Lower Minnesota River Plan Review To be submitted Watershed District Financial Assistance ADC is pursuing business subsidy assistance from the City of Shakopee and Scott County in the form of Tax Abatement to construct improvements to the development property. 9. Land use.Describe current and recent past land use and development on the site and on adjacent lands.Discuss project compatibility with adjacent and nearby land uses.Indicate whether any potential conflicts involve environmental matters. Identify any potential environmental hazards due to past site uses,such as soil contamination or abandoned storage tanks,or proximity to nearby hazardous liquid or gas pipelines. The land was purchased by ADC from the CAMAS-Sheily Quarry. No mining operations have occurred on the site although stockpiled material has been stored on the site in the past. The current land use consists of open grassland with a few trees scattered throughout the property. The site has previously been used in the past by the Toro Company to test lawn care equipment. There is also contains an area used by a remote control airplane club. There are no known hazards due to soil contamination or abandoned tanks. In 1990,Shiely Quarry reported a leaking 10,000 gallon underground storage tank east of the proposed ADC site. The tank was removed and the site was cleaned. The MPCA declared the site to be clean in 1992. F:\W PW IN\1233-00\EAW.wpd The adjacent developments are industrial in nature and,therefore,the ADC site is not anticipated to create any conflicts. The Prior Lake-Spring Lake outlet channel is located on the eastern border of the property. This channel is also under the jurisdiction of the DNR. The project is not anticipated to impact this stream. 10. Cover types.Estimate the acreage of the site with each of the following cover types before and after development: Before After Before After Types 1-8 wetlands 0 0 Lawn/landscaping 35 Wooded/forest 4.0 0 Impervious surfaces 31 Brush/Grassland 102 35.5 Other(describe) 4.5(ponding) Cropland TOTAL 106 106 If Before and After totals are not equal,explain why: 11. Fish,wildlife and ecologically sensitive resources a. Identify fish and wildlife resources and habitats on or near the site and describe how they would be affected by the project. Describe any measures to be taken to minimize or avoid impacts. In general,the conversion of open space to developed space has an impact on wildlife by reducing the habitat that is available. The Prior Lake-Spring Lake outlet channel is located along the eastern border of the site. However,no impacts associated with alteration of this channel are anticipated as part of this project. No impacts to fish are anticipated within the site. Additional storm water runoff will be generated by the site. To minimize impact downstream at Blue Lake and the Minnesota River,this storm water will be pretreated on-site and the discharge rate will be required to be limited to 1/3 cfs per acre as outlined in the City's Stormwater Management Plan. b.Are any state-listed(endangered,threatened or special concern)species,rare plant communities or other sensitive ecological resources such as native prairie habitat,colonial waterbird nesting colonies or regionally rare plant communities on or near the site? "'Yes ❑No If yes,describe the resource and how it would be affected by the project.Indicate if a site survey of the resources has been conducted and describe the results.If the DNR Natural Heritage and Nongame Research program has been contacted give the correspondence reference number:ERDB#20000851 .Describe measures to minimize or avoid adverse impacts. The Natural Heritage Database has been reviewed by the DNR. While sensitive ecological resources are located within 1 mile of the project site,it is anticipated that the project will not have an impact on any of these known occurrences of rare features. The information from the DNR is included in Appendix B. 12. Physical impacts on water resources.Will the project involve the physical or hydrologic alteration(dredging,filling, stream diversion,outfall structure,diking,and impoundment)of any surface waters such as a lake,pond,wetland,stream or drainage ditch? DYes ■No If yes,identify water resource affected and give the DNR Protected Waters Inventory number(s)if the water resources affected are on the PWI: .Describe alternatives considered and proposed mitigation measures to minimize impacts. 13. Water use.Will the project involve installation or abandonment of any water wells,connection to or changes in any public water supply or appropriation of any ground or surface water(including dewatering)? EYes ❑No If yes,as applicable,give location and purpose of any new wells;public supply affected,changes to be made,and water quantities to be used;the source,duration,quantity and purpose of any appropriations;and unique well numbers and DNR F:\wpwrm1233-00\EAW.wpd appropriation permit numbers,if known.Identify any existing and new wells on the site map.If there are no wells known on site,explain methodology used to determine. There are 4 monitoring wells on-site. These wells were drilled in 1999 and ADC has indicated that these wells will remain in place unless they are in the way of the proposed building. Information from the Minnesota Geologic Survey indicated that 4 other wells were present on the site but have since been sealed. City Wells#4 and#5 are located southeast of the project. There are also 2 wells immediately south of the project that were installed by the CAMAS quarry. Figure 3 in Appendix A shows the approximate location of these wells. This project will require the connection to the public water supply. It is anticipated that the facility will use 0.1 MGD of water. The Shakopee Public Utilities Commission(SPUC)staff has been contacted regarding the adequacy of the water supply. The SPUC staff is awaiting an official statement by the Commission regarding water supply issues-for the area. Temporary dewatering may be necessary during construction. If this is necessary,a permit will be acquired from the DNR. 14. Water-related land use management district. Does any part of the project involve a shoreland zoning district,a delineated 100-year flood plain,or a state or federally designated wild or scenic river land use district? EYes 0 No If yes,identify the district and discuss project compatibility with district land use restrictions. The Prior Lake-Spring Lake outlet channel flows north immediately east of the project. Land within 300 ft of the top of bank is regulated by the City's Shoreland Zoning Ordinance. This ordinance states that the setback for a sewaged facility such as ADC is 50 ft. The proposed ADC building is anticipated to be in compliance with this ordinance. Currently,a study is being completed by the Prior Lake-Spring Lake Watershed District to determine high water levels within the channel. While this study is not anticipated to be completed in time for the proposed ADC construction to begin,estimates will be made for setbacks and minimum floor elevations for the buildings within the project site. These issues will be addressed through the plan approval process by the City. 15. Water surface use.Will the project change the number or type of watercraft on any water body? ❑Yes ■No If yes,indicate the current and projected watercraft usage and discuss any potential overcrowding or conflicts with other uses. 16. Erosion and sedimentation.Give the acreage to be graded or excavated and the cubic yards of soil to be moved: acres 70 ; cubic yards 400,000 .Describe any steep slopes or highly erodible soils and identify them on the site map.Describe any erosion and sedimentation control measures to be used during and after project construction. ADC has indicated that the grading plan will be developed with the intent of having no net loss or gain of soil on the site. There are no steep grades on the site: Based on the Scott County Soil Survey,the soils on the site consist of the following: HdA-Hubbard fine sand,0-2% slopes HeA-Hubbard loamy fine sand,0-2% slopes HdB-Hubbard fine sand,2-6% slopes ZaB2-Zimmerman fine sand,2-6% slopes Dg-Dune land These soils are described as well to excessively drained. These soils are described as wind erodible within the Scott County Soil Survey. Silt fencing,sod,erosion mats,mulch,and hay bales in ditches and around storm inlets will be used to control erosion and siltation during construction. Temporary detention basins will be constructed to trap silt prior to storm water leaving the site. Seeding and mulching will be completed within 14 days after grading is complete. All site grading will be in conformance with City of Shakopee requirements and Best Management Practices recommended by the MPCA and Scott County Soil and Water Conservation District. F:\WPWIN\1233-00EAW.wpd 17. Water quality:surface water runoff a. Compare the quantity and quality of site runoff before and after the project.Describe permanent controls to manage or treat runoff.Describe any stormwater pollution prevention plans. The site is currently undeveloped and consists primarily of grass with scattered trees. There is an area used by a model airplane club located on the west side of the property. There are some wooded areas on the east portion of the site near the Prior Lake-Spring Lake drainage channel. The proposed development will increase stormwater runoff due to an increase in the amount of impervious surface. The quantity and quality of runoff from the proposed development will be managed in accordance with the City of Shakopee's Comprehensive Stormwater Management Plan and MPCA requirements. Information from ADC indicated that the estimated pre-development peak discharge from the 100-year design storm event is 48 cfs. The estimated post-development peak discharge from the 100-year design storm event is 213 cfs prior to ponding. The City's Stormwater Management Plan requires that peak discharge rates be limited to 1/3 cfs per acre. Therefore,ADC has indicated that they will design the stormwater basins on-site to restrict flows to 353 cfs. These basins will also be designed to provide permanent sediment control. Stormwater runoff from the proposed development is anticipated to include pollutants typically associated with commercial land use. These pollutants include suspended solids,nutrients,trace metals,petroleum-derived hydrocarbon,chloride,and litter. The impact of additional pollutants in the runoff will be mitigated by pretreating the runoff prior to discharge. The proposed project includes two permanent storm water basins that meet the design guidelines identified in the MPCA manual Protecting Water Quality in Urban Area. The proposed storm water basins will also meet the criteria of the City of Shakopee and the Lower Minnesota River Watershed District(LMRWD). The total wet volume of the basin will be approximately 4 acre-feet. The basin will provide permanent control of sediment and floatable pollutants discharged from the site. A storm water management plan will be prepared and submitted to the City,LMRWD,and the Scott County SWCD for review. Storm water quality impacts will be mitigated by the following methods: • The proposed project will include wet detention ponds sized to retain the runoff from a 2.5"design storm event. Based on the proposed land use,the estimated runoff amount is 0.7". • It is anticipated that maintained turf will be limited to the areas around the building. Native prairie grass and vegetation will be used for areas away from the building. Fertilizers and lawn chemicals will be used on the maintained turf by the building areas and will be limited to the extent feasible. • Floatable pollutants will be controlled with a submerged or baffled outlet structure. b.Identify routes and receiving water bodies for runoff from the site; include major downstream water bodies as well as the immediate receiving waters,Estimate impact runoff on the quality of receiving waters. Storm water from the site will flow into an on-site stormwater pond(see Figure 3 in Appendix A). Treated water will ultimately leave the site through the existing Prior Lake-Spring Lake drainage channel at the east edge of the property. The channel crosses under County Road 101 and discharges to Blue Lake and the Minnesota River. Since water will be pretreated and the flow rate restricted,the quality of water downstream of this development is not anticipated to be impacted. F:\WPWIN\1233-00\EAW.wpd 18. Water quality:wastewaters a.Describe sources,composition and quantities of all sanitary,municipal and industrial wastewater produced or treated at the site. The existing ADC facility in Shakopee has reported the following water use to the MCES for 1999: Cooling water:0.17 million gallons per year(approximately 0.0007MGD) Domestic water:4.6 million gallons per year(approximately 0.018 MGD) Industrial water: 15.5 million gallons per year(approximately 0.06 MGD) It is anticipated that the proposed ADC facility will generate 50%more of the cooling,industrial,and domestic water than the existing facility. The total proposed facility is anticipated to generate 0.1 MGD of wastewater. Of this total,0.066 MGD are proposed for the paint and process. The composition of these wastewaters is anticipated to be approximately the same as the existing ADC facility. The wastewater from that facility has the following composition based MCES monitoring from March 2000: Parameter Concentration/Result* Discharge Limits and Threshold pH(Paint line) 7.5-7.8 5.0-11.0 Total Suspended Solids 78 250 Chemical Oxygen Demand 130 500 Cadmium <0.001 1.0 Copper 0.089 4.0 Lead 0.02 1.0 Zinc 0.063 6.0 *Results in mg/L except for pH. Monitoring was completed over a 24-hour period. b.Describe waste treatment methods or pollution prevention efforts and give estimates of composition after treatment. Identify receiving waters,including major downstream water bodies,and estimate the discharge impact on the quality of receiving waters.If the project involves on-site sewage systems,discuss the suitability of site conditions for such systems. The only on-site waste treatment will be elementary neutralization of the phosphorous tank solutions used on the powder paint lines. These solutions will be neutralized prior to discharge to the sanitary sewer system. The volume of this discharge is approximately 3900 gallons per event and occurs once every four months per paint line. Therefore,with six active paint lines,it is anticipated that 5850 gallons of this type of discharge would occur within a month. The wastewater discharge from this industrial development will be discharged through a new connection to a Metropolitan Council Environmental Services interceptor sewer located at the north edge of the site. The sanitary sewer system discharges to the Blue Lake Wastewater Treatment facility. c.If wastes will be discharged into a publicly owned treatment facility,identify the facility,describe any pretreatment provisions and discuss the facility's ability to handle the volume and composition of wastes,identifying any improvements necessary. Wastewater will be discharged into the sanitary sewer,which discharges into the Blue Lake wastewater treatment facility(WWTF). The Blue Lake WWTF is a regional wastewater treatment facility,treating wastes from Shakopee and Prior Lake. This facility has been designed to accommodate these flows. See 18a and 18b for discussion of composition and volume. F:\WPWIN\1233-00\EAW.wpd d.If the project requires disposal of liquid animal manure,describe disposal technique and location and discuss capacity to handle the volume and composition of manure.Identify any improvements necessary.Describe any required setbacks for land disposal systems. _ Not applicable to this project. 19. Geologic hazards and soil conditions a.Approximate depth(in feet)to ground 11.8 ft minimum - 16 ft average water: to bedrock: 25 ft minimum 35 ft average Describe any of the following geologic site hazards to ground water and also identify them on the site map: sinkholes,shallow limestone formations or karst conditions.Describe measures to avoid or minimize environmental problems due to any of these hazards. There are no known sinkholes,shallow limestone formations,or karst conditions on the site. Groundwater depth information was taken from monitoring well data from 1999. Depth to bedrock data was taken from the Scott County Geologic Atlas. b.Describe the soils on the site,giving NRCS(SCS)classifications,if known.Discuss soil granularity and potential for groundwater contamination from wastes or chemicals spread or spilled onto the soils.Discuss any mitigation measures to prevent such contamination. Based on information from the Scott County Soil Survey,the soils on the site consist of the following: HdA-Hubbard fine sand,0-2% slopes HeA-Hubbard loamy fine sand,0-2% slopes HdB-Hubbard fme sand,2-6% slopes ZaB2-Zimmerman fme sand,2-6% slopes Dg-Dune land These soils are described as well to excessively drained. Due to the sandy,gravelly nature of these soils,it is anticipated that potential for groundwater contamination is high. Toxic and hazardous material will be stored in dedicated areas designed to prevent contamination of the environment. 20. Solid wastes,hazardous wastes,storage tanks a.Describe types,amounts and compositions of solid or hazardous wastes,including solid animal manure,sludge and ash, produced during construction and operation.Identify method and location of disposal.For projects generating municipal solid waste,indicate if there is a source separation plan;describe how the project will be modified for recycling.If hazardous waste is generated,indicate if there is a hazardous waste minimization plan and routine hazardous waste reduction assessments. It is estimated that the new facility will produce 50%more solid and hazardous wastes than the existing ADC facility that is located in Shakopee.The following listing outlines the projected volumes of wastes to be generated by the proposed ADC facility. Solid Waste Amount Composition Disposal Method 125 yds/wk Kitchen,office,and non-hazardous Landfill Hazardous Waste Amount Composition Disposal* 1073 gal/year Dichloromethane(F002) Incineration/thermal 2648 gal/year Flammable liquids(D001) Fuel blended 8748 gal/year Oil(M100) Recycled/beneficial use 908 gal/year Water soluble mineral oil(M100) Incineration/thermal 83 gal/year Used oil filters(M100) Recycled/beneficial use F:\WPWIN\1233-00\EAW.wpd 1950 lbs/year Oil soaked absorbents(D007,D008) Incineration/thermal 772 lbs/year Misc.chemicals(MN02) Incineration/thermal 24 units/year Batteries-Lead acid(D002,D008) Recycled/beneficial use 330 units/year Fluorescent lamps(D009) Recycled/beneficial use 6531 lbs/year Surplus electronic scrap inventory (D006,D007,D008) Recycled/beneficial use 4125 lbs/year Used filters and metal fines Incineration/thermal 10,176 lbs/year Solvent contaminated Kim-wipes Incineration/thermal 3732 lbs/year Solvent contaminated rags Laundered and reused 3795 lbs/year Paper paint booth filters Recycled/beneficial use 1800 lbs/year Steel and yarn filters Incineration/thermal *In compliance with MPCA regulations ADC has indicated that the wastes will be routinely assessed to maximize the amount that can be recycled. The proposed facility will recycle copper alloys,aluminum,steel,plastics,cans,cardboard,and paper. As required by the hazardous waste rules,there will be a waste minimization plan and pollution prevention plan developed and implemented for the proposed facility that will constantly evaluate methods to reduce the amount of waste generated at the facility. b. Identify any toxic or hazardous materials to be used or present at the site and identify measures to be used to prevent them from contaminating groundwater.If the use of toxic or hazardous materials will lead to a regulated waste,discharge or emission,discuss any alternatives considered to minimize or eliminate the waste,discharge or emission. The toxic and hazardous materialsidentified above will be stored in dedicated areas designed to prevent unauthorized releases to the environment. If less hazardous materials can be substituted for hazardous materials, ADC will incorporate these methods into operations. c. Indicate the number,location,size and use of any above or below ground tanks to store petroleum products or other materials,except water.Describe any emergency response containment plans. The proposed ADC site will contain above ground storage tanks. These tanks will contain the following: • Methylene chloride-500 gallons • Liquid oxygen -800 gallons • Liquid nitrogen-1500 gallons • Liquid argon-1500 gallons All hazardous material will be stored in an above ground tank contained within a bermed area designed to contain any releases that may occur. 21. Traffic.Parking spaces added 1,550 . Existing spaces(if project involves expansion) N/A .Estimated total average daily traffic generated 3,269 .Estimated maximum peak hour traffic generated(if known)and time of occurrence 509 vehicles;AM Peak . Provide an estimate of the impact on traffic congestion on affected roads and describe any traffic improvements necessary.If the project is within the Twin Cities metropolitan area,discuss its impact on the regional transportation system. The ADC Telecommunications,Inc.development includes: 170,000 sq ft of office space,264,500 sq ft of manufacturing,and 55,500 sq ft of industrial space. Figure C-1 in Appendix C shows the location of the proposed development. It is estimated that the proposed ADC development will generate the following traffic: F:\WPWIN\1233-00\EAW.wpd Traffic Generation ADC Telecommunications,Inc.Development Type of Space Code* Area(sq ft) ADT AM Peak Hour Trips PM Peak Hour Trips In Out In Out Office space 710 170,000 1,872 233 32 43 -210 Manufacturing 140 264,500 1,010 149 44 70 126 Industrial 110 55,500 387 45 6 7 47. Total 490,000 3,269 427 82 120 383 *Land Use Code, 6'Edition of the Institute of Transportation Engineers Trip Generation Manual The estimated traffic generation is based on information found in the 6th Edition of The Institute of Transportation Engineers Trip Generation Manual. Existing 2000 AM and PM peak hour volume movements at the intersection of Trunk Highway 101 and Valley Park/Fair Drive are shown in Figure C-2 in Appendix C. Traffic movement counts were performed at the intersection of Trunk Highway 101 and Valley Park/Fair Drive on April 18,2000,by WSB&Associates,Inc. The existing AM and PM peak hour volume movements at the intersections of Valley Park/Fair Drive at Valley Industrial Boulevard North and Valley Park/Fair Drive at Park Place were estimated based on adjacent traffic volumes and are shown in Figure C-2,Appendix C. Three years were examined as part of the Traffic Analysis. The existing(2000)traffic volumes were analyzed to determine how the intersections adjacent to the proposed development are operating under current traffic conditions. The.year 2002 represents one year after the opening of the proposed ADC development. The year 2005 was selected as a 5-year forecast to analyze future traffic conditions both with and without the proposed development traffic. The proposed ADC factory will have three shifts;however,the AM and PM peak hours were considered to represent the worst case traffic conditions on the roadways adjacent to the proposed development. The background (non-development)traffic volumes were assumed to increase at the Scott County standard projection rate of 4.5%per year for determining projected 2002 and 2005 background traffic volumes. Figures C-3 and C-4 illustrate the projected 2002 and 2005 AM and PM peak hour traffic volumes without the proposed ADC development traffic. The direction of the approach and departure traffic to and from the proposed ADC development during the AM and PM peak hours was assumed to be consistent with the existing traffic patterns during those hours. Figure C-5 shows the AM and PM peak hour directions of approach and departure. Figure C-6 illustrates the distributed AM and PM peak hour development traffic. The projected 2002 and 2005 AM and PM peak hour traffic volumes with the proposed ADC site traffic were determined by adding the development traffic volumes to the projected 2002 and 2005 traffic volumes. Figures C-7 and C-8 show the total 2002 and 2005 projected traffic volumes including the proposed ADC development traffic. A level of service(LOS)analysis was performed using procedures outlined in the Transportation Research Board (TRB)1995 Highway Capacity Manual. The LOS for the intersections of Trunk Highway 101 at Valley Park/Fair Drive,Valley Park/Fair Drive at Valley Industrial Boulevard North,and Valley Park/Fair Drive at Park Place were determined. The results of the LOS analysis are located in Table C-1 in Appendix C,with descriptions for the different levels of service given in Table C-2. The LOS Analysis of the existing traffic conditions indicates that the intersections of Trunk Highway 101 and Valley Park/Fair Drive is currently operating at a LOS C. The intersections of Valley Park/Fair Drive and Valley Industrial Boulevard North and Valley Park/Fair Drive and Park Place are currently operating at a LOS B during the AM and PM peak hours. All movements can be accommodated with existing geometrics and traffic controls. F:\W PW IN\1233-00\EAW.wpd The years 2002 and 2005 LOS analysis indicates that the intersection of TH 101 at Valley Park/Fair Drive will operate at a LOS C with the existing lane configuration and traffic control in 2002 and 2005 with and without the proposed ADC development traffic. The intersection of Valley Park/Fair Drive at Valley Industrial Boulevard North was also analyzed and will operate at a LOS B with the existing lane configuration and one-way stop sign control in both 2002 and 2005. With the proposed ADC development traffic,the intersection will operate at a LOS D and C during the AM and PM peak hours,respectively,in 2002 and 2005. The intersection of Valley Park/Fair Drive at Park Place will operate during the AM and PM peak hours at a LOS C in 2002 and 2005 with the proposed development. Based on the traffic analysis that includes the traffic from the proposed ADC development,no roadway improvements are necessary. 22. Vehicle-related air emissions.Estimate the effect of the project's traffic generation on air quality,including carbon monoxide levels.Discuss the effect of traffic improvements or other mitigation measures on air quality impacts.Note:If the project involves 500 or more parking spaces,consult EAW Guidelines about whether a detailed air quality analysis is needed. The proposed development includes more than 1,000 new parking spaces but less than 2,000 spaces. Therefore,an Indirect Source Permit(ISP)assessment was conducted. The busiest roadway within 1/4 mile of the proposed development is CSAR 17 with an ADT of 12,300 vehicles per day. The volume on this roadway exceeds 8,333 vehicles per day;therefore,an ISP is required and will be submitted to the MPCA for review and approval. It is anticipated that the results of the detailed air quality analysis associated with the ISP will also show that the emissions associated with this project and the surrounding area will be within the MPCA emission guidelines. The proposer will comply with any requirements from the ISP. 23. Stationary source air emissions.Describe the type,sources,quantities and compositions of any emissions from stationary sources of air emissions such as boilers,exhaust stacks or fugitive dust sources.Include any hazardous air pollutants(consult EAW Guidelines for a listing)and any greenhouse gases(such as carbon dioxide,methane,nitrous oxide)and ozone-depleting chemicals(chloro-fluorocarbons,hydrofluorocarbons,perfluorocarbons or sulfur hexafluoride).Also describe any proposed pollution prevention techniques and proposed air pollution control devices.Describe the impacts on air quality. ADC has indicated that air permit(s)will be filed with the Minnesota Pollution Control Agency for this facility. Equipment that will be identified on the application are: • Solvent degreasers using methylene chloride and an associated storage tank. All appropriate controls and procedures for use of this equipment will be implemented as required by the standards regulating the use of this material. • Associated natural gas burners for the powder paint lines for up to six lines. • Touch-up paint booths and associated silk screen operations. • Facility boilers and HVAC Equipment (HVAC systems would use the refrigerant R-22) • Emergency back-up generator The following are estimated air emissions for the facility: VOCs <25 tons PM/PM-10 <1 ton CO <1 ton SO2 <1 ton NOX about 5 tons Lead 0. F:IW PWIN\1233-00\EA W.wpd 24. Odors,noise and dust.Will the project generate odors,noise or dust during construction or during operation? ■Yes ❑No If yes,describe sources,characteristics,duration,quantities or intensity and any proposed measures to mitigate adverse impacts.Also identify locations of-nearby sensitive receptors and estimate impacts on them.Discuss potential impacts on human health or quality of life.(Note: fugitive dust generated by operations may be discussed at item 23 instead of here.) Dust During construction,particulate emissions will temporarily increase due to the generation of fugitive dust. The following dust control measures will be undertaken as necessary: • Minimize the period and extent of areas being exposed and re-graded at any one time. • Spraying construction areas and all roads with water,especially during periods of high wind or high levels of construction activity. - • Minimize the use of vehicles on unpaved surfaces. • Covering or spraying material piles and/or truck loads. Odors The proposed project is not anticipated to involve any process that would generate odors outside of the building. Noise Minnesota Statutes(§ 116.07,subd.2a)exempt from state noise standards"...an existing or newly-constructed segment of a road,street,or highway under the jurisdiction of a road authority of the town,statutory,or home rule charter city,or county,except for roadways for which full control of access has been acquired." Therefore,a detailed noise analysis is not required for the ADC EAW and Indirect Source Permit application. 25. Nearby resources.Are any of the following resources on or in proximity to the site? Archaeological,historical or architectural resources? ❑Yes ❑No The Minnesota Historical Society has been contacted Prime or unique farmlands or land within an agricultural preserve? 0 Yes ■No Designated parks,recreation areas or trails? 0 Yes ■No Scenic views and vistas? 0 Yes ■No Other unique resources? 0 Yes ■No If yes,describe the resource and identify any project-related impacts on the resource.Describe any measures to minimize or avoid adverse impacts. The Minnesota Historical Society(MHS)has been contacted for information on archeological,historical,or architectural resources on the site. If the MHS identifies any of these resources on the site,it will be addressed when responding to comments from the EAW public review process. 26. Visual impacts.Will the project create adverse visual impacts during construction or operation such as glare from intense lights,lights visible in wilderness areas and large visible plumes from cooling towers or exhaust stacks? ■Yes 0 No If yes,explain. Visual impacts from the project will be similar to other industrial/office developments in the area. Adjacent properties may experience visual impacts such as increased light glare and views of the building. However,the planned use is intended to be consistent with the zoning requirements and the City's Comprehensive Plan. Landscaping and screening will be provided in accordance with City requirements. Existing trees at the northeast corner of the site will be maintained to the extent possible to provide a buffer to adjacent property. New plantings will provide the required screening. The parking lot and roadway light fixtures will be shielded and directed downward to minimize glare. F:\WPWIN\1233-00\EAW.wpd 27. Compatibility with plans and land use regulations.Is the project subject to an adopted local comprehensive plan,land use plan or regulation,or other applicable land use,water,or resource management plan of a local,regional,state or federal agency? i•Yes 0 No. If yes,describe the plan,discuss its compatibility with the project and explain how any conflicts will be resolved.If no,explain. This project is subject to the City's Comprehesive Plan and the Stormwater Management Plan. The site may require a Conditional Use Permit if the percentage of office space exceeds 35%. This issue will be resolved by the City Staff, City Council,and ADC. The Stormwater Management Plan requires that stormwater runoff be restricted to 1/3 cfs per acre. The stormwater ponding on site will be required to meet this policy. These issues will be addressed through the City's approval process. This project is also subject to State air quality regulations. ADC will be required to obtain and comply with these permits. 28. Impact on infrastructure and public services.Will new or expanded utilities,roads,other infrastructure or public services be required to serve the project? ■Yes 0 No. If yes,describe the new or additional infrastructure or services-needed. (Note:any infrastructure that is a connected action with respect to the project must be assessed in the EAW;see EAW Guidelines for details.) Road The perimeter road is proposed to be a City road. This road could be built by the City or by ADC using the City's design requirements. Water There is concern about the water supply issues for this site. It is anticipated that the Shakopee Public Utilities Commission will be required to review and sign-off on the project prior to the City Council approving the plan. If approved,the site will need to be connected to the watermain. 29. Cumulative impacts.Minnesota Rule part 4410.1700,subpart 7,item B requires that the RGU consider the"cumulative potential effects of related or anticipated future projects"when determining the need for an environmental impact statement. Identify any past,present or reasonably foreseeable future projects that may interact with the project described in this EAW in such a way as to cause cumulative impacts.Describe the nature of the cumulative impacts and summarize any other available information relevant to determining whether there is potential for significant environmental effects due to cumulative impacts (or discuss each cumulative impact under appropriate item(s)elsewhere on this form). The site to the east is owned by CAMAS and contains the Shiely Quarry. Industrial property borders the site to the east and south. Railroad tracks,County Road 101,Valley Fair Amusement Park,and commercial and industrial property are located north of the site. The cumulative impact of these developments has been to convert open space to developed space over time and thus reduce wildlife habitat in the area,increase impervious surface,and increase runoff volumes. The ADC site proposes a 35.5 acre outlot on the west half of their property. ADC has indicated that they have no plans for this outlot,but they may sell it in the future. If this outlot is sold,it is likely that it will be used for industrial development. This will convert the open space to developed space with impervious surface. 30. Other potential environmental impacts.If the project may cause any adverse environmental impacts not addressed by items 1 to 28,identify and discuss them here,along with any proposed mitigation. No other impacts are anticipated by this project. 31. Summary of issues.Do not complete this section if the EAW is being done for EIS scoping;instead, address relevant issues in the draft Scoping Decision document, which must accompany the EAW.List any impacts and issues identified above that may require further investigation before the project is begun.Discuss any alternatives or mitigative measures that have been or may be considered for these impacts and issues,including those that have been or may be ordered as permit conditions. F:\WPWIN\1233-001EAW.wpd In summary,the following impacts and mitigative measures are associated with this project: • Increase in volume,rate,and pollutant loads of stormwater runoff. This impact will be mitigated through the use of treatment basins on site to remove pollutants and restrict the rate of runoff to 1/3 cfs per acre. • Increase in air pollutant emissions. ADC will be required to apply for and comply with all air quality permits. • Increase in water use. The proposed facility anticipates using 0.1 MGD. The Shakopee Public Utilities Commission is currently addressing the water supply issue for the City of Shakopee. • Increase in waste water discharge. The Blue Lake Waste Water Treatment Facility was designed to accommodate the increased flows from development such as the ADC site. • Conversion of open space to developed space. The regional land use conversion that has taken place in the Metropolitan area is difficult to mitigate. The ADC site plan maintains some open space within their property and propose to use native plantings for some landscaped areas. RGU CERTIFICATION.The Environmental Quality Board will only accept SIGNED Environmental Assessment Worksheets for public notice in the EQB Monitor. I hereby certify that: ❑ The information contained in this document is accurate and complete to the best of my knowledge. ❑ The EAW describes the complete project;there are no other projects,stages or components other than those described in this document,which are related to the project as connected actions or phased actions,as defined at Minnesota Rules,parts 4410.0200,subparts 9b and 60,respectively. 0 Copies of this EAW are being sent to the entire EQB distribution list. Signature Date Title Environmental Assessment Worksheet was prepared by the staff of the Environmental Quality Board at Minnesota Planning.For additional information,worksheets or for EAW Guidelines,contact: Environmental Quality Board,658 Cedar St.,St.Paul,MN 55155,651-296-8253,or www.mnplan.state.mn.us F:\WPWIM1233-00\EAW.wpd Appendix A Location and Site Plan Figures F-\WPWIN\1'i3-ftt11\PAW wnd k ADC TELECOMMUNICATIONS PROPOSED FACTi,ITY COUNTY MAP • HE NNEP I N C 0. m �,�, E r A9'ti 25' E Sa d� U3I R 22 W I SCALE .To Clash, 16 -I "' snag PRAMS $ 1� i--, 0 --� 2 3 4 MILES ®w1•nSA.WeQ7 I wigs , .. 1VilNl® o .. `1 ,.T`.. - I 51120 i R 24 W 111° IIP "la IP® �,p, I st�w�gopEE 4 7)•:••••" I • '..:,:,.:::::' is'.:::..::1 .:. '''',„.,35. Y I I I I• 1 1L (, i 17 :)®1I �1D.i• I I I6 - \ :f .jg •N 91. 41 IT I ; •_ 1, ;SAX GE II ,' ; Y m °it`_i •D I� 1 .1 _. Is al FDI m ,O _ _ s,»wevn.Ls '1'6 t5 �I 17 1 i r'-. 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UC3aO[ O co D OY_ o .0 L 7 h d P CL'N D J 0 L j0 0 0 0 Appendix B Letter from the DNR Natural Heritage Database F:IWPWIN11233-0011EAW.wpd y4:sof MINN o9 ` ►A Minnesota Department of Natural Resources m W Natural Heritage and Nongame Research Program,Box 25 s Ati yo�� 500 Lafayette Road 4- St.Paul,Minnesota 55155-40_ CFNANRP� Phone:(651)296-8279 Fax:(651)296-1811 E-mail:karen.cieminski@dnr.state.mn.us April 12, 2000RECEIVED Andrea Moffatt APR 1 7 2000 WSB& Associates 8441 Wayzata Blvd, suite 350 Minneapolis, MN 55426 ASSOCIATES Re: Request for Natural Heritage information for vicinity of proposed ADC Telecommunications Industrial Facility, T115N R22W S.3, Scott County. NHNRP Contact#: ERDB 20000851 Dear Ms. Moffat, The Minnesota Natural Heritage database has been reviewed to determine if any rare plant or animal species or other significant natural features are known to occur within an approximate one-mile radius of the area indicated on the map enclosed with your information request. Based on this review, there are 19 known occurrences of rare species or natural communities in the area searched (for details, see enclosed database printout and explanation of selected fields). However, based on the nature and location of the proposed project I do not believe it will affect any known occurrences of rare features. The Natural Heritage database is maintained by the Natural Heritage and Nongame Research Program, a unit within the Section of Ecological Services, Department of Natural Resources. It is continually updated as new information becomes available, and is the most complete source of data on Minnesota's rare or otherwise significant species, natural communities, and other natural features. Its purpose is to foster better understanding and protection of these features. Because our information is not based on a comprehensive inventory, there may be rare or otherwise significant natural features in the state that are not represented in the database. A county-by- county survey of rare natural features is now underway, and has been completed for Scott County. Our information about natural communities is, therefore, quite thorough for that county. However, because survey work for rare plants and animals is less exhaustive, and because there has not been an on-site survey of all areas of the county, ecologically significant features for which we have no records may exist on the project area. The enclosed results of the database search are provided in two formats: index and full record. To control the release of locational information which might result in the damage or destruction of a rare element, both printout formats are copyrighted. The index provides rare feature locations only to the nearest section, and may be reprinted, unaltered, in an Environmental Assessment Worksheet, municipal natural resource plan, or report compiled by your company for the project listed above. If you wish to reproduce the index for any other purpose, please contact me to request written permission. Copyright notice for the index should include the following disclaimer: "Copyright(year)State of Minnesota,Department of Natural Resources. This index may be reprinted,unaltered, in Environmental Assessment Worksheets,municipal natural resource plans, and internal reports. For any other use,written permission is required." The full-record printout includes more detailed locational information, and is for your personal use only. If you wish to reprint the full-record printouts for any purpose, please contact me to request DNR Information: 651-296-6157 • 1-888-646-6367 • TTY: 651-296-5484 • 1-800-657-3929 An Equal Opportunity Employer Printed on Recycled Paper Containing a Who Values Diversity Minimum of 10%Post-Consumer Waste written permission. Please be aware that review by the Natural Heritage and Nongame Research Program focuses only on rare natural features. It does not constitute review or-approval by the Department of Natural Resources as a whole. If you require further information on the environmental review process for other wildlife-related issues, you may contact your Regional Environmental Assessment Ecologist Wayne Barstad, at (651)772-7940. An invoice for the work completed is enclosed. You are being billed for map and database search and staff scientist review. Please forward this invoice to your Accounts Payable Department. Thank you for consulting us on this matter, and for your interest in preserving Minnesota's rare natural resources. Sincerely, ckt,e.ei rov Karen L. Cieminski Data Manager/ Ecologist end: Database search results Rare Feature Database Print-Outs: An Explanation of Fields Invoice cc: Wayne Barstad, DNR Ecological Services H Ca U 0 m - v 0 0 O 0 . 0 •r • N £ .W � 0 2 1g 1 1 W Ul WW CO > w 0 ,c1 N E E H H H 0 al 0 0 0 O 0 0 O .0 W CO CO CO CO CO o a H 2 • £22 E H O • 0 H f 8 0 W 3a co b) p0a E.H a H 4 a a H A a U U H z CO aa E w H U)H 0 CO . ra.r-�77 m 2 H 0 CO H O a m Hi > a F a E * E U 07 H-i co W Oco O 0 PWi r-ii co 0W, W F E U H co 0 £ N H W >4 4k N '> Oq E U 7k m a W ��zz77 m * 0 U) H 0 ppFq H CO z Ca9 Ul W.E X 0 a N ir, CO r-) m CO CO . D � "C,�sy�" x > xkaka 0 • O . 0 co R co U a RG 0 0@ W W > itiE z > HUl 0 o zzH : ZOZCnEE c� zcoW . E a 9G cow Z Ul £ Cn "'H H y Ul W W 4s a) W caa a2H coxes 3Et7 HN 0 CO H C4 W 4O .4000000 - W x a(NI 01 0 ul aw aaE•aOHH COmUHI z S+ 'J go — O O O E>4 0 E0Ul O H O EE W Ul O • CO Ulx u0E. z002a W --a. co iiUj E lJ Cl U a Z O H r> Z a z E p Hq p 0q Z 0 a z 0 H W U i0 U O E W ) E . 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H H -H H H H H H H H H H H H H H H H H U H H g H H H H H H H H H H H H H H H H H H H £ W- E E E E E E.E FN EEE EEEE E F E E Appendix C Traffic Analysis F:\WPWIN\1233-001\EAW.wpd /—\ EDEN PRAIRIE 1.1 .g.r ` , `° id 1 trtt�Rr�*7 _ Vol.�tr _ s �E�j1 FM.; !!r 1 D I. em i4 ® 101 O e iii r,, i ,iiEt€1:' I' io...1.2 (4i 4.2 =.- j _,•.•.... --1,i t i,N4,J I0 __. ---- ` Project I atop • 16I lirt ® ADC IWOW. I 1 . 6 0 liV 1 °. 1 add dd 1 _ _. _ s " 17 "` r— i m n r 1 1 I i _r_r_r1 r r r r r r ".•-1 > t , r_ -.. Imuax lill LAKZ w PRIOR LAKE error sae. ag Indio,fls..rvallm 9 ° ® ®.....® 1 ,pp sd+ u 7-' I 1 1 n ° a1lif A.v. 1 it 4 EAW Project No. 1233-001 Date:April 2000 ADC Telecommunications, Inc. Project Location Map Shakopee, Scott County, Minnesota Figure C-1 t.\1233-001\eow\fig-1.dgn Valley Fair X Drive 12.300 164•44, .noo T • 14/ �o� 1 ► Ilruileff 399 (399) 34.118 377 f0 245 !1351 4 2. f4f4), f'9j - ' tp v.,- Nf-.- Rai /road vom 7. Trach 0 0 LCI 01 W M,_ t0 0 Q N Valley Indus 41$Ivd I�1 3g 1S1 �o :��,,�, �\ \ i .i \ ua —' ►,' / \ c- Site \ tft «, \ t0 ID L='\\, \ '.\ 1 \I \� �. l dl Park 1 Place--------1-1 , 39 (4545) , 11 (5)wRiN 1 IrlM V 01 N Valley Park Drive 2000 AM Peak(ADD= XX 2000 PM Peak(ADD=(XX) ADT=(� EAW Project No. 1233-001 Date:April 2000 ADC Telecommunications, Inc. 2000 Traffic Volumes Shakopee, Scott County, Minnesota Figure C-2 t,\1233-001\eaw\fig-2.dgn Valley Fair X Drive moo N O O Tg 10/ 41244.IC �► 436 (43 O) 268 (14)1 412(4(0) , 23 (271 -o ul 4-1•••• 1'foa - V O Track CO N M M Va1Oo 1.11 1ey Indo ; BI vd A Li 43 (51 1St ``````` --._ PI `�� CD \ Q CT ' I COF " C� \ -- Site ono '�i> 4 ` ‘ `♦ Park , Place � 41 (481 12 (5/0441 1 �^ Q N Valley Park Drive 2000 AM Peak(ADT)= XX 2000 PM Peak(ADT)=(XX) EAW Project No. 1233-001 Date:April 2000 ADC Telecommunications, Inc. Projected 2002 Peak Hour Volumes (ADD w/o Development Shakopee, Scott County, Minnesota Figure C-3 t:\1233-001\eow\fig-3.dgn • Valley Fair X Drive taoo Tgmoo 10,1 L 497 (0) 305 f 16H) 470 fs 16 (0) 26 (24)) - ' '1/ N O O v..N 'froad �,o M Tracks N QCO Co'"7 InF Valley�d ustrialBlvd (6) los t 4.0 1 in O40 \ J 1 4 \ — Nr 0 <.-- ; Site .\‘ NV \ 1 \� dl \A Park , Place _ 49 (56)� 14 (6)• t aim Lo -.c Valley Park Drive 2000 AM Peak(ADD= XX 2000 PM Peak(ADD=(XX) EAW Project No. 1233-001 Date:April 2000 ADC Telecommunications, Inc. Projected 2005 PM Peak Hour Volumes (ADD w/o Development Shakopee, Scott County, Minnesota Figure C-4 t:\1233-001\eaw\fig-4.dgn Valley Fair X Drive ®y T.k 141 4— 56% (38%) Ise KK s Msr 'Rai load Tracks M CO 14 Vail 111Q e3'Indu $jvd • 38% (44%) a) a Sex (45x) Park �23% (11%) Place M Q, M AM%-(PM%) OUTBOUND 4 AM%-(PM%) INBOUND 111 EAW Project No. 1233-001 Date:April 2000 ADC Telecommunications, Inc. Trip Distribution Shakopee, Scott County, Minnesota Figure C-5 t:\1233-001\eaw\fig-5.dgn Valley Fair i f Drive 714 /0j 238 (46) 150 (37).N Ise 07 N m Raa �N pad NM racks 'V'0' Van ey Jndu " 0101 dial Blvd �► 31 (169) N ..ti Po " -33 M All kill.N Q tD R `32 (172) Park Nik di-19 (42) Place 2000 AM Peak(ADD= XX 2000 PM Peak(ADD=(XX) EAW Project No. 1233-001 Date:April 2000 ADC Telecommunications, Inc. Peak Hour Site Traffic Volumes Shakopee, Scott County, Minnesota Figure C-6 t:\1233-001\ecw\fig-6.dgn Valley Fair X Drive aooo TT/ N O O • 141 Il %► 1 436 (0) er 505 (al 452 (0),„„x7j2 (4721 1'i(581 to o i- railroad Tracks re)O N ^N - c0r� va11ey rade rn a1 Blvd d kA f��7 (7691 (0) O (4gJ 0 (OJ 12 (OJ VIte o 41(L1111111.- a., 00 r N MTQ ry to 10 dN `32 (172) Park .`► t-- 0 (0) 00=19 (42) Place 41 (48/.0011 0 ( ) 110. t ur fl 12 (5).IN Q N O, M M 2000 AM Peak(ADT)= XX 2000 PM Peak(ADT)=(XX) EAW Project No. 1233-001 Date:April 2000 ADC Telecommunications, Inc. Proposed 2002 Peak Hour Volumes (ADD with Site Traffic Shakopee, Scott County, Minnesota Figure C-7 t:\1233-001\eaw\fig-7.dgn Valley Fair If Drive VIoo • 10] kAk 111riftuft 497 (01 543 (29 47) 0 i 41 470 (0)� 776 (516i (61,iN �O R load Y0 ti rack M a Cn ValkY�Y 31 1114 r-cn 84141 Blvd dl k x.07 (169) ro) 6 !qg) 0 (O1 14 (0) (6jy `SIS' YON CU rMa IANT R N.- "�32 (172) Park ALIk. /'� 0 (0) c19 (42) Place 49 (56)0, 0 (0)....4* 1r 14 (6)� W 1 .-ccM —Y ul c.0 a1 WW1 2000 AM Peak(ADD= XX 2000 PM Peak(ADD=(XX) EAW Project No. 1233-001 Date:Apnl 2000 ADC Telecommunications, Inc. Proposed 2005 Peak Hour Volumes (ADT) with Site Traffic Shakopee, Scott County, Minnesota Figure C-8 t:\1233-001\eaw\fig-8.dgn 0. Hkg a U U p oa N W U U A E-+ W a 0 U U Orli el0 N X U A U A Ey O U co 0.1 Pi E-, 0Q, oU co = N A E* Gz a U ca a O N A 0 N1=-4 U m co z 0. F cn V U W W W iiZ A x « `I r� clJ E I.. . 7 . o 't E a A A a' V1 �R, c ari >-ig 304 ' C a 73GV o E = �> A w = 6) Et an C41 CD x Rcn * E-+ •4 d F > il > a Table C-2 Level of Service Descriptions LEVEL OF SERVICE DESCRIPTION A FREE FLOW: speed controlled by driver's desires, speed limits, or physical roadway conditions. B STABLE FLOW: operating speeds beginning to be restricted, little or no restriction on maneuverability from other vehicles. C STABLE FLOW: speeds and maneuverability more restricted. D APPROACHING UNSTABLE FLOW: tolerable speeds can be maintained but temporary restrictions to flow cause substantial drops in speed, little freedom to maneuver, comfort and convenience are low. E UNSTABLE FLOW: volumes near capacity, speed typically in neighborhood of 30 MPH, stoppages of momentary duration, ability to maneuver severely limited. F FORCED FLOW: low-operating speeds,volume below capacity, queues formed. CITY OF SHAKOPEE Memorandum � NT' TO: Mayor and City Council Mark McNeill, City Administrator FROM: R. Michael Leek, Community Development Director SUBJECT: Distribution of, Publication of Notice of Availability of, an Alternative Urban Areawide Review(AUAR)Document for Shakopee Crossings MEETING DATE: May 2, 2000 Introduction: In response to a request by Shakopee Crossings, the Council directed the preparation of an AUAR for property south of 169 and adjacent to CSAH 18 that is owned by the applicant. The draft AUAR has been prepared, and copies have been provided for Council's information. Council is not being asked to rule on the adequacy of the AUAR at this time. Rather, Council is asked to approve distribution of the draft AUAR for review and comment. If the Council approves distribution of the draft document for review and comment, the proposed remaining timeline for review of the AUAR would be as follows: May 2, 2000 Shakopee City Council authorization to publish notice of the availability of the draft AUAR in the EQB Monitor. May 9, 2000 Deadline for publication of notice in the EQB Monitor. May 15, 2000 Publication of Notice in the EQB Monitor, and distribution for review and comment. June 14, 2000 Comment period ends; preparation of the final AUAR Begins. June 20, 2000 Shakopee City Council approves distribution of final AUAR for 10-day comment period. July, 2000 Shakopee City Council adoption of final AUAR, if no objection is filed. If an objection is filed, then a public hearing will have to be set. AUARSHAKCNotice.DOC/ML 1 Action Requested: Offer and pass a motion to authorize publication of notice in the"EQB Monitor" and distribution of the draft AUAR for Shakopee Crossings for review and comment only. R. Michael Leek Community Development Director AUARSHAKCNotice.DOC/ML 2 Shakopee Crossings Alternative Urban Areawide Review (Draft AUAR) (Recent modifications from the EQB to the requirements on this form pertinent to the AUAR process are in italics) GENERAL GUIDANCE This guidance is based on the items of the standard EAW form (June 1995 version); the numbers listed below refer to the item numbers of that form. Except where stated otherwise,the information requested here is intended to augment(or clarify)the requested information on the EAW form. Therefore, the EAW form and the guidance booklet EAW Guidelines must be read along with this guidance. Except where the responses are identical, the information requested must be supplied for each of the major development scenarios being analyzed, and it is important to clearly explain the differences in impacts between the various scenarios. If this guidance indicates that an EAW item is not applicable to the AUAR, the item number and its title(the text in bold print on the EAW form) should be included with a notation that the EQB guidance indicates that no response is necessary in an AUAR(as opposed to just skipping reference to that item at all). One general rule that should be kept in mind throughout the preparation of the AUAR document is that whenever a certain impact may or may not occur, depending on the exact design of future developments, the AUAR should cover the possible impacts through a"worst case scenario"analysis or else prevent the impacts through the provisions of the mitigation plan. Failure to cover possible impacts by one of these means risks the invalidation of the environmental review exemption for specific development projects. Document format. If the RGU wishes to reorganize the AUAR content into a format other than that of the EAW form, it may do so,provided that a cross-reference index is supplied that informs the reader where the response(s) to each of the EAW items can be found(identifying the page(s) or specific section(s)). 1 Draft Alternative Urban Areawide Review (Draft AUAR) For Shakopee Crossings 1. Project Title. Shakopee Crossings 2. Project Proposer. Shakopee Crossings LP Contact: Steven Soltau Address: 3601 Minnesota Drive, Suite 880 Bloomington, MN 55435 Phone: 612-921-5806 Fax: 612-445-6718 3. Responsible Governmental Unit(RGU). City of Shakopee Contact: R. Michael Leek, Community Development Director Address: 129 South Holmes Street Shakopee, Minnesota 55379 Phone: 952-445-3650 Fax: 952-445-6718 4. Reason for EAW Preparation (technically not applicable to AUAR) 2 5. Project Location. Sections: 12 and 13, Township 115, Range 22 The project area is located in the southwest portion of the Minneapolis-St. Paul Metropolitan Area, within the eastern portion of the City of Shakopee, Scott County,Minnesota. State Highway No. 169 and the Minnesota River are north of the property. The cities of Bloomington and Eden Prairie are north of the Minnesota River. East of the property is Stagecoach Road,which runs north-south, and the City of Savage. Immediately south of the property is proposed County Road No. 21 and undeveloped land. Further south is the City of Prior Lake and Mystic Lake Casino. West of the property is Southbridge 1st Addition(also known as East Dean Lake Planned Unit Development), and developed areas of the City of Shakopee. CSAH No. 18 and proposed County Road No. 21 bisect the property. A few existing homes and businesses are located between the property and Stagecoach Road. County: Scott City/Twp.: City of Shakopee Maps: Copies of each of the following are attached as required: Figure 2: USGS 7.5 minute, 1:24:000 scale map indicating the project boundaries Figure 3: AUAR boundaries Figure 4, 5: Land use and zoning maps Figure 6: Cover types Additional maps are included throughout the document in order to display relevan information. 6. Description. For each major development scenario covered in the AUAR, a description should include at least the following: a. anticipated types and intensity(density) of residential and commercial/warehouse/light industrial development throughout the AUAR area; b. infrastructure planned to serve the development(roads, sewers,water, stormwater system, etc.). Roadways intended primarily to serve the adjoining land uses within an AUAR area are normally expected to be reviewed as part of an AUAR. More"arterial"type roadways that would cross an AUAR area are an optional inclusion in the AUAR analysis. If they are to be included, a 3 more intensive level of review, generally including an analysis of alternative routes, is necessary; c. information about the anticipated staging of various developments, to the extent known, and of the infrastructure, and how the infrastructure staging will influence the development schedule. Note: The RGU must assure that the development described complies with the requirements of 4410.3610, subpart 3, and that it properly orders the A UAR and sets the description in that order as required by that section. a. Anticipated types and intensity of development The project proposer proposes the following types of development. Commercial The commercial land use category as proposed is divided into the following eight designations: Retail Retail Center Community Retail Service Retail Highway Commercial Commercial Services Neighborhood Commercial Hotel/Retail Theatre Home Improvement The Retail designation is reserved for parcels totaling 36.8 acres located primarily in the north central portion of the project along C.S.A.H. No. 18. The Retail Center designation is reserved for 25.8 acres in the northwest corner of the proposed project. The Community Retail designation is reserved for 12.9 acres on the north and south sides of Southbridge Parkway in the western half of the proposed project. The Service Retail designation is reserved for 7.0 acres at the intersection of Southbridge Parkway, C.S.A.H. No. 18, and future C.S.A.H. 21. The Highway Commercial designation is reserved for 24.6 acres on the eastern side of C.S.A.H. No. 18 in the center of the project. The Commercial Services designation is reserved for 17.1 acres on the east side of S.S.A.H. No. 19 in the eastern half of the project. The Neighborhood Retail designation is reserved for a 4.3 acre parcel located southwest of the intersection of Southbridge Parkway, S.S.A.H. No. 18, and future C.S.A.H. No. 21. The Hotel/Retail designation is reserved for 2.1 acres west of C.S.A.H. No. 18 in the northern portion of the project. The Theatre designation is reserved for 4.4 acres located in the center of the project, to the west of C.S.A.H. No. 18. The Home Improvement designation • is reserved for 21.6 acres in the northeastern corner of the project. 4 Residential The residential land use category includes two designations: Single Family Residential and Multi-Family Residential. Residential development is concentrated in the southern third of the project, south of the intersection of Southbridge Parkway, C.S.A.H. No. 18, and future C.S.A.H. No. 21. The Single Family Residential designation is reserved for 29.4 acres and the Multi-Family Residential designation is reserved for 27.6 acres. Public The project proposer has identified two designations as falling in the public land use category; Park and landfill. Four parcels totaling 22.5 acres, and generally located in southern half of the project are designated as Park. Additionally, 0.6 acres of land is designated as Landfill located outside Park areas. Easements The project includes two easement areas. A 4.7 acre Minnegasco easement runs parallel to and just south of the northern boundary of the project area. Northern States Power Company owns a 14.8 acre powerline easement that runs through the northern third of the project from east to west. Ponding The proposed storm water pondingareas are shown on Figure 8. The total storm p P g water ponding area is approximately 34.7 acres. Right-of-way Right-of-way for streets and roadways totals 23.9 acres. b. Infrastructure to serve the development Roadways, within an AUAR area,primarily intended to serve adjoining land uses are normally expected to be included in the AUAR;arterial roadways that cross the AUAR area are optional. If they are to be included, a more intensive level of review including an analysis of alternative routes, is necessary. The proposed residential and commercial development would require the extension of existing sanitary sewer,watermain, and storm sewer facilities. Construction of a lift station would be required to provide sanitary sewer service to the entire Shakopee Crossings project. Access to the site would be from existing C.S.A.H. No. 18 and Southbridge Parkway. Additional public streets will need to be constructed to provide access to the individual parcels. • 5 c. Anticipated staging of various development and infrastructure Note: The RGU must assure that the development described herein complies with the requirements in 4410.3610, subpart 3. Development is expected to first occur west of C.S.A.H. No. 18 and north of Southbridge Parkway. Subsequent development may occur east and north of C.S.A.H. No.18 or south of Southbridge parkway. The area south of C.S.A.H. No. 18 will be developed last. Utilities and streets would be extended as each area develops. Description of Project for EQB Monitor The Shakopee Crossings development proposal is for commercial and multi-family residential development on 315 acres of land that is currently zoned industrial in the City of Shakopee, Scott County,Minnesota. The proposed development is located both east and west of the recently relocated C.S.A.H. 18, immediately south of S.T.H. 169 7. Project Magnitude Data The cumulative totals of the parameters called for should be given for each major development scenario. Number of Residential Units: Unattached: 62-89 units Attached: 303-308 units Commercial/Industrial/Institutional Building Area (gross floor space in total square feet): Indicate area of specific uses: Use Gross Floor Space Office: Manufacturing* 0 Retail- 390,000 Other Industrial* 0 Warehouse 0 Institutional* 0 Light Industrial 0 Agricultural 0 Other Commercial (specify): 980,000 Retail . 876,000 Commercial Retail 147,000 Home Improvement . 216,000 Highway Commercial 148,000 Restaurant(2) 10,000 Building Height(s)* As governed by local ordinance *optional to include areas for these 6 8. Permits and Approvals Required List all known local,state, and federal permits, approvals, and funding required. A list of major approvals likely to be required by the anticipated types of development projects should be given. This list will help orient reviewers to the idea that the AUAR process is only one piece of the regulatory framework that will protect environmental resources. The list can also serve as a starting point for the development of the implementation aspects of the mitigation plan to be developed as part of the AUAR. UNIT OF GOVERNMENT TYPE OF PERMIT OR APPROVAL MN DNR Water Appropriation Permit MN Department of Health Water Main Plan Review U.S. Army Corps of Engineers Clean Water Act Section 404 (Individual) MPCA Air Emission Facility Permits Indirect Source Permits (ISP) 401 Grading Permit Storm Sewer Permit Sanitary Sewer Permit Wastewater Permit MN DOT Drainage Permit Scott County Roadway Improvements (minor arterials) Roadway Access Permits Metropolitan Council Sanitary Sewer Connection Plan MUSA Expansion(approved) City of Shakopee Comprehensive Plan Amendment Rezoning Preliminary and Final Plat Approval Conditional Use Permits (where required by City Code) Grading Permit Sewer Connection Permit Water Connection Permit Building Permits Wetland Alteration Permits Unless otherwise noted, the status of the above permits is 'pending." The Natural Heritage Database revealed 23 known element occurrences within several miles of the project area,but no element occurrences within the project boundaries. No species or communities were identified within the project area that would necessitate a takings permit from the Minnesota Department of Natural Resources. 9. Land Use (Item 9 is not needed for an AUAR, but can be covered by Items 20 and 28) 7 Describe the current and recent past land use and development on the site and on adjacent lands. Discuss the compatibility of the project with adjacent or nearby land uses;indicate whether any potential conflicts involve environmental matters. Identify any potential environmental hazard due to past land uses,such as soil contamination or abandoned storage tanks. 10. Cover Types Cover Type Map depicting: > Wetlands—identified by type(Circular 39) > Watercourses—rivers,streams,creeks,ditches > Lakes—identify protected water status and shoreland management classification > Woodlands—identify native and old field > Cropland > Current development Overlay Map illustrating anticipated development in relation to the cover types. (This map should also depict any `protection areas", existing or porposed, that will preserve sensitive cover types. Separate maps for each major development scenario should be generally be provided.) Figure 6 highlights a small portion of the site in the northwest quadrant that has been identified as a dry oak savannah dominated by white, bur, and red oaks with an assemblage of various prairie species in the herbaceous strata. Although this plant community could be considered significant in terms relative to the entire state, it has been too degraded by exotic species and disturbance to receive State protection as a significant natural community(i.e., it is not a pristine example of a dry oak savanna). The site has been extensively grazed throughout the recent past resulting in the loss of original dry prairie flora. Remaining herbaceous vegetation is an assemblage of dry prairie species; none of the observed species are rare or special concern species. Site inspections conducted by Svoboda Ecological Resources revealed substantial oak wilt in the area. Severe storms in 1998 toppled many trees, compounding damage to the site. Figure 6 also designates several areas as Low,Grassland or Wet Mesic Forest, - and these are low areas determined not to be wetland according to the 1997 TEP. Also, several areas are designated as Pond which were created in upland areas to regulate hydrology from on-site and off-site areas. Ponds will be incorporated into the final plat of the site. Pond areas may meet jurisdictional wetland criteria, however, these areas are exempt because they were created in upland areas for the purpose of containing and managing storm water runoff. 8 11. Fish,Wildlife, and Ecologically Sensitive Resources a. Describe fish and wildlife resources on or near the site and discuss how they would be affected by the project. Describe any measures to be taken to minimize or avoid adverse impacts. The description of wildlife and fish resources should be related to the habitat types depicted on the cover type maps(of item 10). Any differences in impacts between development scenarios should be highlighted in the discussion. The proposed project will impact wildlife in that it will alter existing habitat. It can be assumed that surrounding areas are already occupied by wildlife, and therefore, emigration to other habitats will not offset on-site losses. No plants or animals of special status are known to exist in the project area(see 11.b.). The applicant proposes commercial and residential development for approximately 93 percent of the project site, with 7 percent to be set aside as park land. Residential and commercial development favors wildlife that are habitat generalists, such as House Sparrows, American Robins,raccoons, and squirrels. Appended to this section are lists of herptiles,birds, and mammals that could occur throughout the seasons on or near the project area based upon literature. Birds. The project proposer conducted a census of breeding birds on June 2, June 16, and July 2, 1998 using a standardized behavior system recommended for North American birds (Laughlin et al. 1982). This is a conservative method to determine the breeding status of individual bird species; it is highly likely that all of these species are breeding, and this would have been corroborated with more intensive surveys. The subject property also provides stop-over habitat for migratory birds and wintering habitat to birds as well,but we did not conduct surveys during these time periods. The behavior code system utilized during the survey involved three hierarchical breeding categories: Possible, Probable, and Confirmed. Possible breeding included an observed male or female of a particular species in suitable nesting habitat or a singing male in suitable nesting habitat. Probable sightings included sever or more males in suitable habitat; pairs in suitable habitat; courtship, territoriality, or copulation; visiting a probable nesting site; or agitated behavior or anxiety calls from adults. Confirmed breeding included a nest with eggs; or, carrying fecal sac or food. Table 1 lists birds that might occur at the site based on breeding ranges as reported in the literature. 9 Shokopee Crossings Draft AUAR April 1999 Table 1 Birds Observed Within the Shakopee Crossings Project Area Species Typical Habitat' Breeding House Wren woodland confirmed Chipping Sparrow open areas/woodland confirmed Field Sparrow shrubland confirmed Eastern Meadowlark grassland confirmed American Goldfinch shrubland confirmed Killdeer open areas/wetland probable Mourning Dove open areas/woodland probable Eastern Wood-pewee woodland probable Great Crested Flycatcher woodland probable Black-capped Chickadee open areas/woodland probable Sedge wren grassland probable American Robin open areas/woodland probable Brown Thrasher woodland probable Northern Cardinal open areas/woodland probable Clay-colored Sparrow shrubland probable Vesper Sparrow grassland probable Lark Sparrow grassland probable Grasshopper Sparrow grassland probable Song Sparrow shrubland probable Bobolink grassland probable Brown-headed Cowbird open areas/woodland probable Dickcissel grassland probable Ring-necked Pheasant grassland possible American Woodcock woodland/shrubland possible Yellow-billed Cuckoo woodland possible Eastern Phoebe woodland possible Eastern Kingbird grassland possible Barn Swallow open areas/residential possible Blue Jay open areas/woodland possible American Crow open areas/woodland possible White-breasted Nuthatch woodland possible Eastern Bluebird open areas/woodland possible Gray Catbird woodland possible Cedar Waxwing open areas/woodland possible Common Yellowthroat wetland possible 10 1 Shokopee Crossings Draft AUAR April 1999 Indigo Bunting open areas/woodland possible Savannah Sparrow grassland possible a Open areas include residential areas, agricultural areas, and grassland with interspersed trees and shrubs;woodland includes young trees greater than nine feet in height;shrubland includes woody growth less than nine feet in height Reptiles and Amphibians. No reptiles were identified during our field visits. Appendix 2 lists herptile species that may occur at the site based on literature. Mammals. We only observed white-tailed deer,raccoon, and meadow voles during our field visits. Appendix 3 lists mammal species that might occur at the site based on literature. 11 Shokopee Crossings Draft AUAR April 1999 Table 2 Plant Species Observed Within the Shakopee Crossings Project Area by Cover Type(Figure 6). Cover Types Scientific Name Common Name ABC DE F GHI J KL M Acer negundo box elder X X - - Achillea millefolium yarrow - - X X X Agropyron repens quack grass - - - X X X - Ambrosia artemesiifolia little ragweed - X X X X Amorpha canescens leadplant - - - X X X - Arctium minus burdock - - X - X - X X - - - X X Arisaema triphyllum jack-in-the-pulpit X - Artemesia ludoviciana sage - X - X X X - Asclepias incarnata swamp milkweed X - - - - X Asclepias syriaca common milkweed - - - XXX - - X - - - - Bromus tectorum cheat grass - XX X X X - - - - XX - Bromus inermis smooth brome - XX XXX X Calamovilfa longifolia sand reed - XX XXX - Cannabis sativa marijuana - - - XXX - - X - - - - Capsella bursa pastoris shepherd's purse - X X X X X - Celtis occidentalis hackberry X X - - Cenchrus longispinus sandbur - X - X - X - - - - - - - Commandra umbellata bastards toadflax - - - X X X - Cyperus schweinitzii Schweinitz'sedge - X - X X X - Dalea purpurea purple prairie clover - - - X X X - Dalea candidum white prairie clover - - - X X X - Dalea villosa villose prairie clover - - - X X X - Datura stramonium jimson weed - - - XXX - - X - - - - 12 Shokopee Crossings Draft AUAR April 1999 Scientific Name Common Name ABC DE F GHI J KL M Eleocharis erythropoda red-rooted spikerush X - - - - - - X - - - - X Euphorbia esula leafy spurge - XX X XX - - X - XX - Fragaria virginiana strawberry X - - XXX XXXXX X X Galium aparine common bedstraw X X X - - Geum triflorum prairie smoke - - - X X X - Iris versicolor iris - - - - - - X - - - - - Koeleria cristata junegrass - X - X XX - Leonurus cardiaca motherwort - - - - X - - - - X X X - Lespedeza capitata round-headed bush clover - - - X X X - Lithospermum carolinense hoary puccoon - - - X X X - Lonicera tatarica tartarian honeysuckle XXXXXX - Lonicera morrowii Morrows'honeysuckle XXX - XX - Lychnis alba white campion X X X - Maianthemum canadense Canada mayflower - - - - - - X - - - X - - Menispermum canadense moonseed - - - - - X - X - X - - Mimulus ringens monkey flower X - - - - - - X - X - - X Nepeta cataria catnip X X Oenothera biennis evening primrose - X X X X X - Osmorhiza claytoni hairy sweet cicely - - - - X - X - X XX - Osmorhiza longistylis smooth sweet cicely - - - X - X - - - X - - Oxalis dillennii sorrel - - - - X - X - - - X X - Panicum oligosanthes Scribner's panic grass - - - X X X - var.scribnerianum Parthenocissus Virginia creeper - - - - - - X - - - X X - quinquefolia Penstemon pallidus pale beardtongue - - - X X X - 13 Shokopee Crossings Draft AUAR April 1999 Table 2. Continued. Cover Types Scientific Name Common Name ABC DE F GHI J KL M Phalaris arundinacea reed canary grass X X - X - - X Plantago rugellii common plantain - - - - X - X - - X X X - Poa compressa Canada bluegrass - - X X X - Poa pratensis Kentucky bluegrass - - X X X - Polygonum amphibium water smartweed X - - - - - - X - - - - X Polygonum Pennsylvania smartweed X - - - - - - X X - - X pennsylvanicum Populus deltoides eastern cottonwood X X X - - Prunus serotina wild black cherry - - - - - - X - - X X - - Quercus macrocarpa bur oak - - - - X - X - - - X X - Quercus rubra red oak - - - - X - X - - - X X - Quercus alba white oak - - - - X - X - - - X X - Rhamnus catharticus buckthorn - - - - X - X - X - XX - Rhus glabra smooth sumac - - - XXX - - X - - - - Ribes cynosbati prickly wild gooseberry - - - - X - X - X - X X - Rosa blanda prairie rose - - - X X X - Rubus allegheniensis red raspberry - - - - X - X - X - X - - Rumex acetosella sour dock X X - - - - X Rumex crispus curly dock X XXX - - X Salsola kali Russian thistle - XX X XX - Sambucus canadensis elderberry X X - - - Sanguinaria canadensis bloodroot X - Silene antirhina sleepy catchfly X - Silphium integrifolium rosinweed - - - X X X - Smilacina racemosa false Solomon's seal - - - - - - X - - - X - - 14 Shokopee Crossings Draft AUAR April 1999 Table 2. Continued. Cover Types Scientific Name Common Name ABC DE F GHI J KL M Smilax herbacea carrion flower - - - - - - X - - - X - - Solidago ulmifolia elm-leaved goldenrod - - - - - - X - - - X - - Taraxacum officinale common dandelion X - X X X X X - - - XX - Toxicodendron radicans poison ivy - - - - X - - - - - X - - Tradescantia ohiensis spiderwort - - - X X X - Ulmus americanus American elm X X - - Urtica dioica stinging nettle - - - - - - - X - - - - X Verbascum thapsus mullein - X - X XX X Verbena stricta vervain - - - X X X - Verbena urticifolia white vervain - - - - - - - X - - - - X Vitis riparia riverbank grape X X - - Xanthoxylem americanum prickly ash X X - 15 11.b Are there any state-listed endangered,threatened,or special-concern species;rare plant communities;colonial waterbird nesting colonies;native prairie or other rare habitat;or other sensitive ecological resources on or near the site? If yes,describe the resource and how it would be affected by the project. Indicate if a site survey of the resources was conducted. Describe measures to be taken to minimize or avoid adverse impacts. For an AUAR,prior consultation with the DNR Natural Heritage program for information about reports of rare plant and animal species in the vicinity is required. If such consultation indicates the need, an on-site habitat survey for rare species in the appropriate portions of the AUAR is required. Areas of on-site surveys should be depicted on a map, as should any `protection zones"established as a result. A Natural Heritage Database search revealed no element occurrences within the Shakopee Crossings project boundaries. However, within a radius of several miles, 23 known occurrences of 17 different"rare species or natural communities" (DNR letter dated 6/29/98) are documented in the database. Three element occurrences are possible for the site: gopher snake(Pituophis catenifer, special concern),plains pocket mouse (Perognathus flavescens, special concern), and rhombic-petaled evening primrose (Oenothera rhombipetala, special concern). Dry Oak Savanna and Dry Prairie occur on the subject property in a degraded condition that do not qualify for protection under State protocol. The site was extensively surveyed for rhombic- petaled evening primrose,which had been recorded for the section to the west of the project area,but no plants were observed. Natural Heritage staff also recorded plains pocket mouse and gopher snake for the section to the west. While the project area does provide suitable habitat for both species, but it appears unlikely that the project area would support viable populations of either animal. Table 3 Legend Describing Cover Types A Pond B Shifting dunes (blowout) C Developed land(structures and earthmoving) D Non-native grassland/forbland E Degraded dry oak savannah F Dry sand prairie G Dry mesic forest H Low grassland(non-wetland according to a 1997 Technical Evaluation Panel review of subject property) I Shrubland J Wet Mesic Forest(non-wetland according to a 1997 Technical Evaluation Panel review of the subject property) K Mesic upland Forest L Heavily pastured dry oak forest M Type 2/3 wetland(Palustrine,persistent emergent, saturated or seasonally flooded) 16 Literature cited: Janssen, R. B. 1987. Birds in Minnesota: a field guide to the distribution of 400 species of birds in Minnesota. Univ. Minnesota Press, Minneapolis, 352 pages. Oldfield, B. and Moriarty, J.J. 1994. Amphibians and reptiles native to Minnesota. Univ. Minnesota Press, Minneapolis, 237 pages. Laughlin, S. B., D.P. Kibbe and P.F.J. Eagles. 1982. "Atlasing the distribution of breeding birds of North America." American Birds 36:6-19. 17 12. Physical Impacts on Water Resources Will the project involve the physical or hydrologic alteration(dredging,filling,stream diversion,outfall structure, diking, impoundment)of any surface water(lake,pond,wetland, stream,drainage ditch)? If yes,identify the water resource to be affected and describe: the alteration,including the construction process;volumes of dredged or fill material;area affected;length of stream diversion;water surface area affected;timing and extent of fluctuations in water surface elevations;spoils disposal sites;and proposed mitigation to minimize impacts. The information required above should be supplied for any of the infrastructure associated with the A UAR development scenarios, and for any residential or commercial development expected to physically impact any water resources. Where it is uncertain water resources will be impacted depending on the exact design of future developments, the AUAR should cover the possible impacts through a "worst case scenario"or else prevent impacts through the provision of the mitigation plan. No, the project will maintain natural drainage patterns and use existing drainage ditches in combination with proposed storm sewer and ponds to convey stormwater. All surface water runoff that is conveyed and collected will be treated utilizing NURP standards and discharges using rate control structures to ensure that proposed alterations do not impact surrounding water resources. The proposed plans will avoid impacts to wetlands in accordance with the Minnesota Wetland Conversation Act. At this time, no wetland impacts are planned. Any unavoidable impacts will be mitigated in accordance with all local, state, and federal laws. 13. Water Use a. Will the project involve the installation or abandonment or any wells? (For abandoned wells give the location and unique well number. For new wells,or other previously unpermitted wells,give the location and purpose of the well and the unique well number,if known) Yes, two wells were identified at a former farmstead south of the intersection of Southbridge Parkway and County Road 18. Neither unique well number is known. One well was used for farm operations and the other, and artesian well,provided water to the farmhouse. The wells will be capped in accordance with the provisions of the Minnesota Department of Health. With respect to b and c below,if the area requires new water supply wells,specific information about that appropriation and its potential impacts on groundwater levels should be given;if groundwater levels would be affected,any impacts resulting on other resources should be addressed. With respect to possible individual appropriations by future projects,a general assessment of the likely need for such should be included,and if there is potential for major appropriations or environmental issues resulting from individual appropriations,a more detailed assessment of those should be included along with a discussion of mitigation for potential problems. b. Will the project require an appropriation of ground or surface water(including dewatering)? If yes,indicate the source,quantity,duration,purpose of the appropriation,and DNR water appropriation permit number of any existing appropriation. Discuss the impact of • the appropriation on ground water levels. 18 - i Yes, dewatering will be required during some of the utility installation. This dewatering may result in the temporary lowering of the water table in adjacent wetlands. If the water table is lowered in these areas, the wetland vegetation may become dormant. It is assumed that the water table will return to normal when the dewatering is stopped and no permanent impact will be made on those wetlands. A DNR water appropriation permit will be acquired prior to the start of any dewatering. c. Will the project require connection to a public water supply? If yes,identigy the supply,the DNR water appropriation permit number of the supply,and the quantity to be used. Yes, extension of Shakopee Public Utilities Commission(SPUC)watermains from Southbridge First Addition through the project will be required, as well as completion of a matermain loop with the existing watermain on Stagecoach Road and T.H. 101 (See Figure 7). The project will use an estimated 340,430 GPD when fully developed. The City of Shakopee DNR water appropriation permit number is 80-6205. The extension of MUSA to this area will necessitate the construction of an additional well and storage facility earlier than originally planned. 19 14. Water-related Land Use Management Districts Does any part of the project site involve a shoreland zoning district,a delineated 100-year flood plain,or a state or federally designated wild and scenic river land use district? If yes,identify the district and discuss the compatibility of the project with the land use restrictions of the district. (Such districts should be delineated on appropriate maps and the land use restrictions applicable in those districts should be described. If any variances or deviations from these restrictions within the A UAR area are envisioned, this should be discussed.) No. 20 15. Water Surface Use Will the project change the number or type of watercraft on any water body? If yes,indicate the current and projected watercraft usage and discuss any potential overcrowding or conflicts with other users or fish and wildlife resources. (This item need only be addressed if the AUAR would include or adjoin recreational water bodies.) No 21 16. Soils Approximate depth to: Ground water: minimum =3.5 feet average = 9.5 feet Bedrock: minimum =200 feet+/- average =250 feet+/- All groundwater data is for non-surface water areas and is based on boring logs. Bedrock information is based on the Metro Area Bedrock Topography Map (MGS). Describe the soils on the site,giving SCS classifications,if known. (SCS interpretations and soil boring logs need not be attached.) ZaB Zimmerman fine sand 2-6% slopes mod. Eroded ZaC2 Zimmerman fine sand 6-12% slopes slight-mod. Erosion HdB Hubbard fine sand 2-6% slopes HdC Hubbard fine sand 6-12% slopes HdA Hubbard fine sand 0-2% slopes Ia Isanti fine sandy loam Ma Marsh PbA Peat 0-2% slopes, deep PaA Peat and Muck 0-2% slopes, shallow 22 17. Erosion and Sedimentation Give the acreage to be graded or excavated and the cubic yards of soil to be moved: (The number of acres to be graded and number of cubic yards of soil to be moved need not be given; instead, a general discussion of the likely earthmoving needs for development of the area should be given, with an emphasis on unusual or problem areas. In discussing mitigation measures, both the standard requirements of the local ordinances and any special measures that would be added for AUAR purposes should be included.) Acres =283 Cubic Yards =unknown The existing site is generally level. The project proposer intends to mass grade nearly all the commercial and multi-family areas. The single family area would be graded as needed. The site is proposed to be developed in phases. When each phase is developed, grading, retention ponds, utility and street construction will be undertaken. Vegetation will be established immediately after grading by seeding, fertilizing, and mulching. Describe any steep slopes or highly erodible soils and identify them on the site map. There are no steep slopes on the site. There are slight to moderate erodible sands on the site. The sites where erodible sands are located will be watered during grading. Describe the erosion and sedimentation measures to be used during and after construction of the project. Silt fences, temporary siltation basins, and retention ponds will be installed during the initial phase of construction. After the grading has been completed,the site shall be seeded/fertilized and mulched. After vegetation has been established, the silt fences and temporary siltation basins shall be removed. Best Management Practices will be employed to reduce erosion and sedimentation until vegetation is established. 23 18. Water Quality—Surface Water Runoff For an AUAR the following additional guidance should be followed in addition to that in the "EAW guidelines": ➢ It is expected that an AUAR will have a detailed analysis of stormwater issues: ➢ A map of the proposed stormwater management system and of the water bodies that will receive stormwater should be provided: ➢ The description of the stormwater system should identigy on-site and "regional" detention ponding and also indicate whether the various ponds will be new water bodies or converted existing ponds or wetlands. Where on-site ponds will be used but have not yet been designed, the discussion should indicate the design standards that will be followed: ➢ If present in or adjoining the AUAR area, the following types of water bodies must be given special analyses: ➢ Lakes—within the Twin Cities metro area a nutrient budget analysis must be Prepared for any `priority lake"identified by the Metropolitan Council(See Appendix E of the "EAW Guidelines"(1990)or contact the Council staff. Outside of the Metro Area, lakes needing a nutrient budget analysis must be determined by consultation with the MPCA and DNR staffs: ➢ Trout streams: f stormwater discharges will enter or affect a trout stream,an evaluation of the impacts on the chemical composition and temperature regime of the stream and the consequent impacts on the trout population(and other species of concern)must be included. a. Compare the quantity and quality of site runoff before and after the project. Describe methods to be used to manage and/or treat runoff. The proposed commercial and residential development will increase the rate and volume of stormwater runoff from the site. In order to mitigate the impacts associated with this increase in runoff rates and volumes, storm water runoff will be directed into designated storm water retention ponds (See Figure 8). This runoff will then be released at a rate that is in full conformance with the City of Shakopee's Storm Water Management Plan. (See Appendix 5) Development will also result in slight degrading of the quality of storm water runoff. In order to mitigate the impacts of increased pollutant loading, storm water runoff will be directed to treatment ponds that will be designed to meet Nationwide Urban Runoff Program(NURP) Standards. b. Identify the route(s)and receiving water bodies for runoff from the site. Estimate the impact of the runoff on the quality of the receiving waters. (If the runoff may affect a lake,consult"EAW Guidelines"about whether a nutrient budget analysis is needed.) Storm water will be conveyed through a system of storm sewer and retention ponds to their discharge points. Storm water on the west side of County Road No. 18 north of Southbridge Parkway will be conveyed north and discharge into existing storm water retention ponds constructed by the City of Shakopee and Minnesota Department of Transportation. 24 Storm water on the east and north side of County Road No. 18 will be conveyed to the north and east and discharge into a storm water retention pond built by the Minnesota Department of Transportation and into a drainage outlet built by the City of Shakopee on the east. Storm water on the south side of Southbridge Parkway north of future County Road No. 21 will then be conveyed to existing and proposed retention ponds to the west and then conveyed north across Southbridge Parkway then discharged into existing storm water retention ponds and outlets. Storm water from the area directly south of the intersection of County Road No. 18 and future County Road No. 18 and future County Road No. 21 will be conveyed to a retention pond along the south boundary of the site and discharged into a storm water retention pond built by Scott County. 25 19. Water Quality—Wastewater Observe the following points of guidance in an AUAR: ➢ Only domestic wastewater would be coming from industrial uses that are excluded from review through an AUAR process; ➢ Wastewater flows should be estimated by land use subareas of the AUAR area; the basis of flow estimates should be explained; ➢ The major sewer system features should be shown on a map and the expected flows should be Identified; ➢ If not explained under Item 6, the expected staging of the sewer system construction should be described; ➢ The relationship of the sewer system extension to the RGU's comprehensive sewer plan and(for metro area AUARs)to Metropolitan Council regional systems plans, including MUSA expansions, should be discussed.For non-Metro Area AUARs, the AUAR must discuss the capacity of the RGUs wastewater treatment system compared to the flows from the AUAR area;any necessary improvements should be described. ➢ If on-site systems will serve part of the AUAR the gudidance in `EAW Guidelines"(pages 16-17 should be followed. a. Describe sources,quantities,and composition(except for normal domestic sewage)of all sanitary and industrial wastewater produced or treated at the site. The completed project will generate an estimated 83,780 gpd of domestic wastewater from the residential development and an estimated 256,650 gpd of wastewater from the commercial development. The wastewater from the commercial development will consist of domestic wastewater and wastewater from restaurants, fast food businesses, service stations, car dealerships, and car washes. b. Describe any waste treatment methods to be used and give estimates of composition after treatment,or if the project involves on-site sewage systems,discuss the suitability of the site conditions for such systems. Identify receiving waters(including ground water)and estimate the impact of the discharge on the quality of the receiving waters. (If the discharge may affect a lake consult"EAW Guidelines"about whether a nutrient budget analysis is needed.) Wastewater from commercial activities will be pre-treated by the use of grease traps and/or sedimentation traps. Commercial activities may include, among others,restaurants, fast food businesses, service stations, car dealerships and car washes. Wastewater discharges will be required to meet city and MPCA requirements. c. If wastes will be discharged into a sewer system or pretreatment system,identify the system and discuss the ability of the system to accept the volume and composition of the wastes. Identify any improvements that will be necessary. The wastewater flow from Shakopee Crossings is based on the following; Residential Area: Single Family 62U x 2.74 P/U x 100 GPD = 16,988 GPD Multi Family 27.6A x 11 U/A x 2.2 P/U x 100 GPD=66,792 GPD 26 Commercial Area: Total Area 171.1A x 1,500 GPD/A =256,650 GPD Total Wastewater Flow =340,430 GPD The Shakopee Crossings project is entirely within the East Dean Lake trunk sanitary sewer service. The project will be served by the extension of sanitary sewer lines and the construction of a lift station(See Figure 9.) The wastewater will be conveyed by the existing East Dean Lake trunk sanitary sewer to the Prior Lake Interceptor and then treated by the Blue Lake Wastewater Treatment Plant. The East Dean lake Trunk Sanitary Sewer, Prior Lake Interceptor, and the Blue Lake Wastewater Treatment Plant have the capacity to provide service to this area. (See Appendix 6.) The proposed sanitary sewer extension to service the MUSA expansion area is in conformance with the City of Shakopee's Comprehensive Sanitary Sewer Plan 27 20. Ground Water—Potential for Contamination a. Approximate depth to ground water: Minimum = 3.5 feet Average = 9.5 feet b. Describe any of the following hazards to ground water and also identify them on the site map;sinkholes;shallow limestone formations/karst conditions;soils with high infiltrations rates;abandoned or unused wells. Describe measures to avoid or minimize environmental problems due to any of these hazards. There are no known hazards to groundwater or unusual soil or subgrade conditions. No soil on the site perolations rates that exceed six MPI. c. Identify any toxic or hazardous materials to be used or present on the project site and identify measures to be used to prevent them from contaminating ground water. (A map should be included to show any groundwater hazards identified under"b". Under"b"include any relevant information on soil contamination due to past land uses'. within the area,as mentioned under item 9.) All storm water detention ponds located adjacent to the former landfill sites will have one foot (1')clay liners installed. 28 21. Solid Wastes, Hazardous Wastes, Storage Tanks a. Describe the types,amounts,and compositions of solid or hazardous wastes to be generated,including animal manures,sludges and ashes. Identify the method and location of disposal. For projects generating municipal solid waste indicate if there will be a source separation plan;list types(s)and how the project will be modified to allow recycling. (For "a",generally only the estimated total quantity of municipal solid waste generated and information about any recycling or source separation programs of the RGU need be included.) This project will generate domestic solid waste and commercial solid waste. Commercial solid waste will be similar in type to domestic solid waste. The project proposer indicates that methods of recycling required under Shakopee City Code will be used. b. Indicate the number,location,size,and use of any above or below ground tanks to be used for Storage of petroleum products or other materials(except water). (For "b",potential locations of storage tanks associated with commercial uses in the A UAR should be identified(e.g.gasoline tanks at service stations). The project proposer has no present plans to use either above-or below-ground tanks for the storage of petroleum products. If petroleum storage tanks are proposed to be used in the future, the number, type, size and location will be provided. All future petroleum storage tanks, and the installation thereof,they will meet the requirements of the Minnesota Pollution Control Agency. 29 Shokopee Crossings Draft AUAR April 1999 22. Traffic Parking spaces added = 10,434 Existing spaces(if project involves expansion)=0 Estimated total Average Daily Traffic(ADT)generated Single Family Homes = 845 trips Multiple Unit Housing = 1,961 trips Park = 36 trips Retail/Specialty Retail = 63,232 trips TOTAL = 66,074 trips Estimated maximum peak hour traffic generated (if known) and its timing: For each affected road indicate the ADT and the directional distribution of traffic with and without the project. Provide an estimate of the impact on traffic congestion on the affected roads and describe any traffic improvements which will be necessary. For most AUAR reviews a relatively detailed traffic analysis will be needed, especially if there is to be much commercial development in the AUAR area or if there are major congested roadways in the vicinity. The results of the traffic analysis must be used in the responses to item 23 and to the noise aspect of item 25. Instead of responding to the information called for in item 22, the following information should be provided: ➢ a description and map of the existing and proposed roadway system, including state,regional,and local roads to be affected include existing and proposed roadway capacities and existing and projected background(i.e., without the AUAR development)traffic volumes; ➢ trip generation data—trip generation rates and trip totals—for teach major development scenario broken down by land use zones and/or other relevant subdivisions of the area. The projected distributions onto the roadway system must be included; ➢ analysis of impacts of the traffic generated by the AUAR area on the roadway system, including:comparison ofpeak period total flows to capacities and analysis of Levels of Service and delay times at critical points(if any); ➢ a discussion of structural and non-structural improvements and traffic management measures that are proposed to mitigate problems; Note:in the above analyses the geographical scope must extend outward as far as the traffic to be generated would have a significant effect on the roadway system and traffic measurements and projections should include peak days and peak hours, or other appropriate measures related to identifying congestion problems, as well as ADTs. PM Peak Hour Weekday=6,305 trips(3,096 Entering; 3,209 Exiting) (Year 2020) Significant roadway capacity has recently been added to the immediate area surrounding the development. TH 169 (Shakopee Bypass) and the associated 30 Shokopee Crossings Draft AUAR April 1999 Minnesota River Bridge crossing provides new and expanded access from the site to the north and west. In 1997 C.S.A.H. 18 was expanded to a four-lane cross section(with median)and grade-separated interchanges to State Highways 169 and 101. The primary access roadways serving the development are C.S.A.H. 18, TH 169, and TH 101. Access from C.S.A.H 18 is proposed at two signalized intersections south of TH 169. The first is the existing "T" intersection of C.S.A.H 18 and Southbridge Parkway. The second is a new intersection approximately 1000' south of Southbridge which will connect site drive "C" and "D" to C.S.A.H. 18. The intersection locations were determined as part of the negotiations involved with the C.S.A.H. 18 realignment through the property. Secondary access to the site will be will be via old CR 18(Stagecoach Drive),which abuts the eastern boundary of the site. A site access point located across from 13th Avenue is planned to create a four-legged intersection. TH 169(Shakopee Bypass)is a four-lane divided principal arterial with grade separated interchanges. No direct access from TH 169 is proposed. Table 4 Current and Projected ADT(Weekday)Distribution ADT Location Year 2020 Year 2020 Year 2020 Projected ADT Site ADT Combined ADT C.S.A.H. 18 16,300 30,600 41,900 (North of Southbridge Parkway) C.R. 18 13,800 23,600 37,400 (South of Southbridge Parkway) 31 Shokopee Crossings Draft AUAR April 1999 Note: ADT=Average Daily Traffic. ADT's developed under the assumption C.S.A.H. 21 is not constructed by the year 2020. Figure 9 in the Traffic Analysis and Access Study for Indirect Source Permit, Summary Report(Appendix 9)presents the regional changes in ADT for the project. Mainline Capacity The capacity of C.S.A.H. 18 to accommodate the additional traffic was examined during the year 2006 PM weekday peak hour. Site related traffic is anticipated to add approximately 1,100-1,300 vehicles per hour in the peak direction. With two lanes of traffic in each direction,and assuming CR 21 is not built,CR 18 is forecast to operate with a mainline capacity level of service B during the PM peak hour, indicating reasonably free flowing traffic outside the signalized intersections. Table 5 C.S.A.H. 18 Roadway Mainline Capacity (Peak Direction) Roadway Classification Year 2006 LOS Year 2006 LOS Southbound Southbound Peak Hour Peak Hour Volume Volume With Without Project Project C.S.A.H. 18 Multi-Lane w/o 1,027 A 2,358 B (North of Access Control Southbridge Parkway) C.S.A.H. 18 Multi-Lane w/o 807 A 1,920 B (South of Access Control Southbridge Parkway) Year 2006 without project includes East Dean's Lake residential development. Source: Mn/DOT Design Manual Table 2-5.08A 32 Shokopee Crossings Draft AUAR April 1999 Intersection Level of Service(LOS) Seven signalized intersections are ultimately proposed as part of the AUAR development. Two signalizedintersections are proposed to provide site access to C.S.A.H. 18. These are planned at Southbridge Parkway and Road "C"P'D". Two signalized intersections are eventually proposed for Southbridge Parkway internal to the site(Road"A"and Road"B"). In addition,intersection delay would be monitored,with the recognition that background and site-generated traffic will eventually require signalization, at the following three intersections on C.S.A.H. 18 south of the site: Stagecoach Road/Preserve Trail; C.S.A.H. 16/20`Avenue; and C.S.A.H 16/34' Street). 33 Shokopee Crossings Draft AUAR April 1999 Table 6 Overall Signalized Intersection LOS Years 2003,2006,2020 Intersection Year 2003 Build Year 2006 Build Year 2020 Build LOS V/C LOS V/C LOS V/C Southbridge _ _ B 0.48 B 0.48 Parkway and Road "A" Southbridge B 0.59 B 0.68 B 0.68 Parkway and Road «B„ C.S.A.H. 18 and B 0.77 C 0.96 D 1.03 Southbridge Parkway C.S.A.H. 18 and B 0.62 C 0.80 C 0.84 Road"C"/"D" C.S.A.H. 18 and B 0.51 B 0.61 B 0.66 Stagecoach Drive LOS=Level of Service,V/C=Volume to Capacity Ratio With the planned improvements,all intersections,except for the C.S.A.H. 18 at Southbridge Parkway, are anticipated to operate at LOS C or better in the year 2020. By the year 2020, background growth, combined with the site generated traffic,will result in a LOS D at the C.S.A.H. 18 at Southbridge Parkway intersection,with the V/C ratio of 1.03 indicating the intersection is operating at capacity. The two C.S.A.H. 16 intersections proposed for signalization along C.S.A.H. 18 will continue to operate at an overall LOS B in the year 2020. Unsignalized Intersections The Road"C"at Stagecoach Drive intersection is a four-way intersection at 13th Avenue. The intersection is expected to operate at high levels of service(all movements above LOS C), with queue lengths averaging under two vehicles during the PM weekday peak hour 34 Shokopee Crossings Draft AUAR April 1999 under two-way stop control. With the recommended mitigation, each intersection located within or near the AUAR will operate at acceptable levels of service. Proposed County Road 21 When C.S.A.H.21 is constructed,a new signal timing plan will be required for the C.S.A.H 18/21 four-way intersection that will be based on updated land use and traffic data. In addition to the reduction in storage capacity, C.S.A.H. 21 will significantly change the traffic volumes and patterns in the study area. With C.S.A.H. 21 unfunded,the assumption was made that it will not be open in the design year. Right-of-way around the C.S.A.H. 18 intersection has been set aside to accommodate an upgraded four-legged intersection. As part of the C.S.A.H.21 environmental review, decisions on the roadway's final location, number of lanes, intersection design alternatives(at-grade or bridge), and phasing will be developed. Merging and Weaving Analysis The single TH 169 and TH 101 ramp lanes combine to form two southbound C.S.A.H. 18 lanes. There is approximately 3,200 feet of distance between their connection,and the intersection with Southbridge Parkway. Within this distance, site generated traffic will weave between the two lanes,depending on if they are destined for the east or west side of the development. In addition,traffic from the eastbound TH 169 ramp presently merges with C.S.A.H. 18. This analysis examines the year 2006 build scenario for roadway capacity. Approximately 655 eastbound TH 169 vehicles are predicted to merge with the 1,700 vehicles traveling southbound on the two lanes of C.S.A.H. 18 during the weekday PM peak hour. Using the present roadway design,the merge analysis shows C.S.A.H. 18 traffic would be . 35 Shakopee Crossings Draft AUAR April 1999 slightly slowed(to 51 mph)as a result of the merging maneuver,and operate at an overall LOS C. This result indicates that sufficient capacity exists to accommodate the merging traffic without inducing delay. In addition,a weaving analysis was also performed on the segment of C.S.A.H. 18 between the TH 169 on-ramp,and the Southbridge Parkway deceleration lane. This analysis indicates a poor LOS (LOS E)for the southbound right travel lane as a result of through and right-turning traffic mixing in the same lane. This analysis assumes the worst-case scenario that traffic from westbound 101 and southbound TH 169 remains in their lane until they have passed the ramp from eastbound TH 169. However,there are approximately 1,000 feet of available weaving area prior to the eastbound TH 169 ramp that allows weaving to take place prior to the merge. This in turn would reduce the number of weaving conflicts downstream,and provide for a better lane balance and operation. Because parameters such as sight distance and driver familiarity play such an important role in merging and weaving analysis, no changes are recommended initially. However, if delays do occasionally develop, then consideration should be given to providing an auxiliary lane by restriping the southbound shoulder. For the year 2006 build analysis,providing an auxiliary lane between the eastbound TH 169 ramp and Southbridge Parkway results in a LOS B for non- weaving vehicles (54 mph speed),and LOS C for weaving vehicles(49 mph speed). 36 Shokopee Crossings Draft AUAR April 1999 23. Vehicle-related air emissions Provide an estimate of the effect of the projects traffic generation on air quality,including carbon monoxide levels. Discuss the effect of traffic improvements or other mitigation measures on air quality impacts. (If the project involves 500 or more parking spaces,consult"EAW Guidelines" about whether a detailed air quality analysis is needed.) The guidance provided in `EAW Guidelines"should also be followed for an AUAR. Mitigation proposed to eliminate any potential problems may be presented under item 22 and merely referenced here. The MPCA staff should be consulted regarding possible ISP requirements for certain proposed developments;although the RGU may not want to assume responsibility for applying for an ISP for specific developments,it may be desirable to coordinate the AUAR and ISP analyses closely. With 10,434 parking spaces, Shakopee Crossings will require an Indirect Source Permit from the Minnesota Pollution Control Agency. An air quality analysis has been performed for critical intersections that carry access traffic to and from the project. Summary results of that analysis are presented here. A detailed discussion of methodology, assumptions, and results will be included in the Indirect Source Permit Application. Results of the air quality analysis for Carbon Monoxide(CO)are presented in Table 7 (1-hour CO concentrations) and Table 8 (8-hour CO concentrations). 37 ShokopeeCrossings Draft AUAR April 1999 9 Table 7 Carbon Monoxide Concentrations(1-hour) at Critical Intersections Serving Shakopee Crossings (Maximum Concentrations by Intersection at Receptor Sites 100 Feet from Intersection) All Concentrations in Parts per Million(ppm) 1-hour CO Concentrations(Including Background) 2003 2006 No Build Build Increase No Build Build Increase CSAH 18/Southbridge 2.7 4.87 2.1 3.8 5.9 2.1 NW Site Dr B/Southbridge 2.3 3.1 0.8 2.9 3.1 0.2 NE/South Site Dr/Southbridge 2.5 3.2 0.7 4.9 3.8 -1.1 CSAH 18/CSAH 89 2.5 2.8 0.3 2.9 2.9 0.0 CSAH 18/CSAH 16(N) 2.5 2.8 0.4 3.1 3.2 0.1 CSAJ 18/CSAH 16(S) 2.4 2.8 0.4 2.9 2.9 0.0 MPCA Standard 9.0 9.0 38 Shokopee Crossings Draft AUAR April 1999 Table 8 Carbon Monoxide Concentrations(8-hour) at Critical Intersections serving Shakopee Crossings (maximum concentrations by intersection at receptor sites 100 feet from intersection) All Concentrations in parts per million(ppm) 8-hour CO Concentrations(including background) 2003 2006 No Build Build Increase No Build Build Increase CSAH 18/Southbridge 2.7 4.8 2.1 3.8 5.9 2.1 NW Site Dr B/Southbridge 2.3 3.1 0.8 2.9 3.1 0.2 NE/South Site Dr/Southbridge 2.5 3.2 0.7 4.9 3.8 -1.1 CSAH 18/CSAH 89 2.5 2.8 0.3 2.9 2.9 0.0 CSAH 18/SCSAH 16(N) 2.5 2.8 0.4 3.1 3.2 0.1 CSAH 18/CSAH 16(S) 2.4 2.8 0.4 2.9 2.9 0.0 MPCA STANDARD 9.0 9.0 The intersection of Southridge Parkway and CSAH 18 is expected to experience the highest 1-hour and 8-hour CO concentrations as well as the highest increase in CO concentrations from the No-Build to Build condition in both 2003 (Stage 1)and 2006(Stage 2). Increases in CO concentrations are expected to be greatest when Stage 1 is completed and operational in the year 2003 and somewhat lower when Stage 2 is completed and operational in the year 2006. The reduction in CO concentration at the NE/South Site Drive at Southbridge Parkway intersection is due to significant improvements in intersection geometry for Stage 2 in 2006,including additional through and turning lanes. Relatively low concentrations and increases in concentrations are expected at intersections along CSAH 18 that do not carry as much site-related traffic. The highest predicted 1-hour concentration(8.7 ppm)is expected to occur in the year 2006 . 39 Shokopee Crossings Draft AUAR April 1999 and is well below the 30 ppm 1-hour ambient air quality standard for Carbon Monoxide. The highest predicted 8-hour concentration(5.9 ppm)is below the 9 ppm 8-hour ambient air quality standard. Therefore,no adverse impacts on air quality are anticipated due to the project. 40 Shokopee Crossings Draft AUAR April 1999 25. Dust, odors, or noise Will the project generate dust, odors,or noise during construction and/or operation? If yes, describe the sources, characteristics, duration, and quantities or intensity, and any proposed measures to mitigate adverse impacts. Also identify the locations of sensitive receptors in the vicinity and estimate the impacts on these receptors. Dust, odors,and construction noise need not be addressed in an AUAR, unless there is some unusual reason to do so. The RGU might want to discuss as part of the mitigation plan,however,any dust control or construction noise ordinances in effect. If the area will include or adjoin major noise sources a noise analysis is needed to determine if any noise levels in excess of standards would occur, and if so, to idents appropriate mitigation measures. With respect to traffic generated noise, the noise analysis should be based on the traffic analysis of item 22. Yes, the dust, noise and odors generated by this project will be normal for development activities. Dust and noise will be generated by heavy equipment during the construction phase. The project site will be watered during construction to control dust. All dust and noise will be monitored by the City,and the contractors will be required to comply with all applicable City ordinances. The noise and dust disturbances will end upon completion of the project. There are no sensitive receptors on or near the project site. Based upon Minn. Stat. par. 116.07, subd.2a, Minnesota noise standards apply only to roadways within the cities of Minneapolis and St. Paul. However, for compatibility planning and noise impact analysis,estimates of traffic noise levels along access roadways have been made.. Traffic noise levels have been estimated for the Build 2006 scenario which represents the worst case expected noise levels expected within one year after project completion. A noise analysis has been performed for roadways that will carry access traffic to and from the project. Summary results of the noise analysis are presented here. A detailed discussion of methodology,assumptions,and results will be included in the Indirect Source Permit Application. 41 Shokopee Crossings Draft AUAR April 1999 Results of the noise analysis are in terms of distance of the L 1 0 65 (daytime noise standard) and L10 55 (nighttime noise standard)contours. PM Peak Hour traffic volumes have been used to estimate the daytime L10 levels and L10 65 contour distance. Based upon data from TH 101 and TH 169 as well astYP ical behavior alongmajor arterials and collectors, the J critical"nighttime" hour(6-7 am)is assumed to be 60 percent of the PM Peak Hour traffic. Location of these contours from the roadway centerline along major roadway segments is shown in Table 9. Table 9 Traffic Noise L10 Contour Distances (in feet) from Major Roadway Segments Serving Shakopee Crossings Daytime Nighttime L 10 65 L10 55 Notes Roadway Segment Land Uses Southbridge-West of NW Site Dr Commercial/Residential 80 180 (1) Southbridge-CSAH 18 to NW Site Dr Commercial 135 365 (2) CSAH 18-Southbridge to NW Site Dr Commercial 200 540 (2) CSAH 18-Southbridge to NE Site Dr Commerical/Residential 200 540 (1) CSAH 18-South of CSAH 16(S) Commercial/Residential 190 513 (1) CSAH 16(N)-West of CSAH 18 Commercial/Residential 25 81 (3) CSAH 16(S)-East of CSAH 18 Residential 50 126 (3) CSAH 89-East of CSAH 18 Residential 40 108 (3) Notes: (1) Along those segments with primarily commercial land use,the commercial noise standards will apply and no incompatibility because of noise level is anticipated. For segments with a large estimated L10 55 contour distance,no intervening shielding from terrain or other structures has been assumed. No exceedance of daytime L10 65 levels are expected at residential land uses along these routes. Where residential land uses are exposed to noise levels over the nighttime standards, appropriate construction can be used to comply with 42 Shokopee Crossings Draft AUAR April 1999 exemptions to the rules that permit applicability of commercial land use standards. Unless residential density is greater than 10 per one-half mile and other reasonableness conditions are met,construction of highway sound bathers is not likely to be cost-effective. (2) Along these segments with commercial land use,the commercial noise standards will apply and no incompatibility because of noise level is anticipated. (3) Limited impact from the project is expected along these segments. Based upon the analysis of noise assoicated with traffic on roadways accessing the project, no significant adverse impacts are anticipated. 43 23. Vehicle-related Air Emissions 45 24. Stationary Source Air Emissions Will the project involve any stationary sources of air emissions(such as boilers or exhaust stacks)? If yes,describe the sources,quantities,and composition of the emissions;the proposed air pollution control devices;the quantities and composition of the emissions after treatment;and the effects on air quality. This item is not applicable to an AUAR. Any stationary air emission source large enough to merit environmental review requires individual review. No. 46 26. Are any of the following resources on or in proximity to the site? d. archeological,historical,or architectural resources? No. e. prime or unique farmlands? No. f. designated parks,recreation areas,or trails? Yes, a portion of the project area is within a neighborhood park service area identified in the City of Shakopee's draft Comprehensive Park and Trail Plan. It is expected there will be sidewalks and trails throughout the project area. g. scenic views and vistas? No. h. other unique resources? No. If any items are answered Yes,describe the resource and identify any impacts on the resource due to the project. Describe any measures to be taken to minimize or avoid adverse impacts. Archeological,historic,and architectural resources. For an AUAR, contact with the State Historic Preservation Office is required to determine whether there are areas of potential impacts to these resources. If any exist, an appropriate site survey of high probability areas is needed to address the issue in more detail. The mitigation plan must include mitigation for any impacts identified. During May of 1998, the 106 Group, Ltd. conducted an additional Phase I archeological reconnaissance survey of the Shakopee Crossings project area. A Phase I archeological survey of the originally proposed 550-acre site was completed by the 106 Group, Ltd. during November 1997. This survey identified no sites within the project areas of potential effect. Since the 1997 survey was completed, an additional parcel has been incorporated into the development. The area of potential effect for the new parcel is conterminous with the limits of the present survey area. The survey area includes approximately 315 acres bordering the eastern limits of the originally proposed development, and encompasses a section of CSAH No. 18. This area is located in the E %z - SE '/4 of Section 11, the W 1/2 - SW '/4 of Section 12, the NW—NW 1/4 of Section 13, and the NE—NE '/4 of Section 14. 50 The 1997 investigation was carried out for a consortium of property owners, including: Valley Green Business Park Limited Partnership, Shakopee Crossings LP, and the Minneapolis Foundation. An Environmental Assessment Worksheet (EAW)was prepared for the original 550 acres of development(i.e. East Dean Lake PUD/Southbridge), and was reviewed by the relevant regulatory agencies. The 1998 investigation was undertaken in connection with the preparation of this AUAR for the additional 315 acres of proposed development. The additional investigation consisted of a Phase 1 survey for the identification of archeological sites. Due to the proximity of the previously surveyed project area, no additional background research was undertaken, except for a review of 7.5 minute topographic coverage of the present survey area(USGS 1980). The archeological field survey included a visual reconnaissance of the project area. None of the survey area was assessed as having a high probability of containng previously unidentified archeological sites. The 106 Group Ltd. recommended that no further archeological investigation is warranted within the proposed project area. Prime or unique farmlands The extent of conversion of existing farmlands anticipated in the AUAR should be described. If any farmland will be preserved by special protection programs, this should be discussed. Designated parks,recreation areas,or trails If the development of the AUAR will interfere or change the use of any existing such resource, this should be described in the AUAR. The RGU may also want to discuss under this item any proposed parks, recreation areas, or trails to be developed in conjunction with development of the AUAR area. Scenic views and vistas 27. Any impacts on such resources present in the AUAR should be addressed. This would include both direct physical impacts and impacts on visual quality or integrity. `EAW Guidelines"contains a list of possible scenic resources(p. 20). 51 27. Will the Project Create Adverse Visual Impacts? (Examples include: glare from intense lights;lights visible in wilderness areas;and large visible plumes from cooling towers or exhaust stacks.) If any non-routine visual impacts would occur from the anticipated development covered by the MUSA review,this should be discussed here along with appropriate mitigation. 28. It is expected that the proposed commercial development will include substantial site lighting. The Shakopee City Code includes provisions that regulate light levels from such lighting at or past the project area boundaries. All site lighting will have to conform to these requirements. 52 28. Compatibility with Plans Is the project subject to an adopted local comprehensive land use plan or any other applicable land use, water,or resource management plan of a local,regional,state,or federal agency? Yes. If yes,identify the applicable plan(s),discuss the compatibility of the project with the provisions of the plan(s)and explain how any conflicts between the project and the plan(s)will be resolved. If no,explain. The AUAR must include a statement of certification from the RGU that its comprehensive plan complies with the requirements set out at 4410.610,subpart 1. The AUAR document should discuss the proposed AUAR area development in the context of the comprehensive plan. If this has not been done as part of the responses to items 6, 9, 19, 22, and others, it must be addressed here;a brief synopsis should be presented here if the material has been presented in detail under other items. Necessary amendments to comprehensive plan elements to allow for any of the development scenarios should be noted. If there are any management plans of any other local,state, or federal agencies applicable to the AUAR area, the document must discuss the compatibility of the plan with the various development scenarios studied, with emphasis on any incompatible elements. The proposed project is subject to the City of Shakopee's 1995 Comprehensive Plan, as that plan was amended in 1999 to extend Metropolitan Urban Service Area (MUSA)to about 222 acres of the project area. The project appears to be in general conformance with the current land use section,which states at page 36 that "anticipated growth in Shakopee and the surrounding suburban areas will necessitate the creation of a regional commercial area at the intersection of C.S.A.H. 18 and the Shakopee Bypass due to this area's unique locational attributes in this section of the Metropolitan Area." The City of Shakopee has submitted a revised comprehensive plan for the Metropolitan Council's consideration. The proposed project will require additional amendment(s) for the extension of MUSA to the other areas that make up the proposed project. This amendment will also require the approval of the Metropolitan Council. The following proposed land uses will require rezoning: > The commercial development east of C.S.A.H. 18; currently designated Medium Density Residential and Open Space; > Multi-family housing shown south of the intersection of C.S.A.H.'s 18 and future 21; currently designated Single Family; > Single Family housing west of C.S.A.H.'s 18 and future 21; currently designated Medium Density Residential; > Neighborhood Commercial north of future C.S.A.H. 21; currently designated open space; and > Community Retail and Service Retail; currently designated Medium Density Residential. 53 29. Impact on Infrastructure and Public Services 54 Shokopee Crossings Draft AUAR April 1999 29. Impact on Infrastructure and Public Services Will new or expanded utilities,roads,other infrastructure,or public services be required to serve the project? If yes,describe the new or additional infrastructure/services needed. (Any infrastructure that is a"connected action"with respect to the project must be assessed in this EA W;•see"EA W Guidelines"for details.) This item should first of all summarize information on physical infrastructure presented under other items(such as 6, 18, 19, and 22). Other major infrastructure or public services not covered under other items should be discussed as well— this includes major social services such as schools, police,fire, etc. As noted above and in the "EAW Guidelines,"the RGU must be careful to include project-associated infrastructure as an explicit part of the AUAR review if it is to be exempt from project-specific review in the future. Infrastructure The project will be developed in a phased approach over a six-year period, beginning in the year 2000 and ending in the year 2005. For the purpose of the Indirect Source Permit (ISP), the project is separated into two stages. Stage 1 encompasses the first three years of anticipated development between the years 2000 and 2002,and Stage 2 encompasses the last three years of development between the years 2003 to 2005. A summary of the assumed year of full occupancy for each ISP Stage is shown below. ISP Stage 1: Summer of year 2002(ISP Analysis year 2003) 700,000 sq. ft. of Retail 216,000 sq. ft. of Home Improvement Retail 147,000 sq. ft. of Commercial Retail 108,000 sq. ft. of Highway Retail 10,000 sq. ft. Restaurant(2) ISP Stage 2: Summer of the year 2005(ISP Analysis year 2006) 176,000 sq. ft. of Retail 40,000 sq. ft. of Highway Retail 55 Shokopee Crossings Draft AUAR April 1999 303 Multi-Family residential 89 Single-Family residential Ultimate Development(ISP Stage 1 and 2—Year 2006) 876,000 sq. ft. of Retail 216,000 sq. ft. of Home Improvement Retail 147,000 sq. ft. of Commercial Retail 148,000 sq. ft. of Highway Retail 10,000 sq. ft. Restaurant(2) 303 Multi-Family residential 89 Single-Family residential The addition of ISP Phase 1 development traffic to year 2003 background traffic will require a combination of improvement encompassing intersection signalization,additional intersection turn-lanes,and the creation of a new support roadway network to service the planned development. The specific improvements recommended follow. ISP Phase 1 —Assumed Improvements(Year 2003) New Roadways • Construction of a new 1,100' internal access roadway(Road"A") through the northwestern quadrant connecting with Southbridge Parkway. • Construction of a new 1,600' internal access roadway(Road"B")through the northwestern quadrant connecting with Southbridge Parkway. • Construction of a new 800' internal access roadway(Road"B")through the southwestern quadrant connecting Southbridge Parkway with East Dean's Lake residential development. • Construction of a new 4,700' internal access roadway(Road"C")through 56 Shokopee Crossings Draft AUAR April 1999 the northeastern quadrant connecting C.S.A.H 18 and Stagecoach Drive at 13th Avenue. New or Upgraded Intersections • Reconstruction of the Southbridge Parkway and Road"B"intersection to provide two westbound left-turn lanes,a westbound right-turn lane, and one eastbound left-turn lane. • Reconstruction of the Southbridge Parkway and C.S.A.H 18 intersection to provide for two eastbound left-turn lanes,two northbound left-turn lanes, and an exclusive southbound right-turn lane. • The addition of a western leg to the 13th Avenue and Stagecoach Drive intersection from Road"C"containing one left, one through, and one right-turn lane. • Construction of a new intersection on C.S.A.H. 18 at Road"C"providing two southbound left-turn lanes and a single northbound right-turn lane on C.S.A.H. 18; and two westbound left-turn lanes and a single right-turn lane from Road"C". Signalized Intersections • A new traffic signal at the intersection of Road"B"and Southbridge Parkway. • A new traffic signal at the intersection of C.S.A.H 18 and Southbridge Parkway. • A new traffic signal at the intersection of C.S.A.H 18 and Road"C". • Monitoring the delay,with the recognition that background and site- generated traffic will eventually require signalization, at the following intersections: 1. C.S.A.H 18 and Preserve Trail 57 Shokopee Crossings Draft AUAR April 1999 2. C.S.A.H 18 and C.S.A.H. 16 (Eagle Creek Boulevard/20th Avenue South) 3. C.S.A.H 18 and C.S.A.H. 16 (24th Avenue South) The addition of ISP Phase 2 traffic to year 2006 background and ISP Phase 1 traffic will require signal retiming and the creation of a new support roadway network to service the additional planned development. The anticipated improvements required follow. ISP Phase 2—Assumed Improvements(Year 2006) New Roadways • Construction of a new 3,000' internal access roadway(Road"D") through the south quadrant connecting with C.S.A.H. 18 across from internal access Road"C". • Construction of a 1,300' extension to the internal access roadway(Road "A")through the northwestern quadrant. New or Upgraded Intersections • Reconstruction of the C.S.A.H 18 and internal access drive Road"C" intersection to provide for an eastbound approach(one eastbound left-turn lane,one through lane, and one right-turn lane); a single northbound left- turn lane;and an exclusive southbound right-turn lane. Signalized Intersections • A new actuated traffic signal at the intersection of Road"A"and Southbridge Parkway. • Monitoring the delay,with the recognition that signalization will likely be eventually required,based on background and site-generated traffic, at the 58 Shokopee Crossings Draft AUAR April 1999 following intersections: 1. C.S.A.H 18 and Preserve Trail 2. C.S.A.H 18 and C.S.A.H. 16(Eagle Creek Boulevard/20th Avenue South) 3. C.S.A.H 18 and C.S.A.H. 16(24th Avenue South). 59 30. Related Developments; Cumulative Impacts This item does not require a response for an AUAR since the entire AUAR process deals with cumulative impacts from related developments within the AUAR area. 60 31. Other Potential Environmental Impacts If the project may cause any adverse environmental impacts that were not addressed by items 1 to 28, identify them here, along with any proposed mitigation. Closed Landfill Sites: Because of the potential for the development and migration of harmful or bothersome quantities of landfill gas, the developer proposes a minimum setback of fifty feet from the capped landfill sites to all buildings in order to prevent any public nuisances and/or hazards. The proposed setback is similar to setbacks proposed for the adjacent East Dean Lake PUD (Southbridge) and required by the MP CA for the Highway 96 landfill site in White Bear Lake Township. The developer will continue to monitor the area, and if observations indicate evidence of decomposition of organic matter, such as stressed vegetation, odors, or settlement of the ground, then appropriate remedial action will be taken, including the installation of monitoring wells if needed to determine the extent of any problem with the capped dump site. A related issue is the compatibility of this landfill with a proposed park This issue needs further, thorough examination. 61 32. Summary of Issues List any impacts and issues identified above that may require further investigation before the project is commenced. Discuss any alternatives or mitigative measures that have been or may be considered for these impacts or issues, including those that have been or may be ordered as permit conditions. The RGU may answer this question as asked by the form, or instead may choose to provide an Executive Summary to the document that basically covers the same information. Either way, the major emphasis should be on: potentially significant impacts, the differences in impacts between major development scenarios, and the proposed mitigation. Issues related to the safety of using a closed landfill as proposed park should be thoroughly examined. Mitigation Plan. The final AUAR document must include an explicit mitigation plan. At the RGU's option, a draft plan may be included in the draft AUAR document;of course, whether or not there is a separate item for a draft mitigation plan, the proposed mitigation must be addressed through the document. It must be understood that the mitigation plan in the final document takes on the nature of a commitment by the RGU to prevent potentially significant impacts from occurring from specific projects. It is more than just a list of ways to reduce impacts—it must include information about how the mitigation will be applied and assurance that it will. Otherwise, the AUAR may not be adequate and/or specific projects may lose their exemption from individual review. The RGU's final action on the AUAR must specifically adopt the mitigation plan;therefore, the plan has a "political"as well as a technical dimension. Response to comments on the draft AUAR document. The final AUAR document must include a section specifically responding to each timely and substantive comment on the draft that indicates the way in which the comment has been addressed. Similar comments may be combined for purposes of responding. In an AUAR document, no certifications as listed at the end of the EAW form are necessary. 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Jt:, _ 1(AI r✓ 0' 600' 1200' 1800' 1 inch=1,200 feet DAHLGREN SHARDLOW • Figure 2 AND•USAN PROJECT BOUNDARIES F.p T,F,,):i ii" NORTH NI' 01101" /Ali* 10 t„\k•1 .- 0 c, 7 G r'' R 1i1,;i i11 NO. 101 (SNAKOPEE i T YP Sloi (SHAKOPEE 8 SASS) iiiA)iiiiiii. II T �_-- - 111.1 N. simme illiir.- , �__ l I UE lin 1 �1 /- 510 i— 77:; ■1111■ :'' ,, ■1111■ \� *-� x �� -11\ t � —� 1'T-�1 v ■1111■swot �.. �`� , ;4 o 0 al 111111 _- , WINO .`OHM �1 / " . Mili ..,..,:.:VVI .40 111-1111111* ■Illll IuIHIU!/ / it44 E �, _ lit \'''' •90'L ....,, `N it /, 1 kip,tU Ila MONWAY OOMI AL _ .t Sx I , f 1 s r i d[ !, y ;f, J f Q, / S r= ah.;es"� kriA4 � ;// N ? 1:4,-. "...Tue.\ill{ it / /i 1 4.-iltite. ' 4:,,-.:4*—A04' '''''''.-,.i'‘' i� ,,// gyp+, '� ' '° #P,'41 va7 1k w[ i� -, ,., >'!t ;5,2;' 6"a' 1 t N',,.,5 , :aiN't4�,� CD BOEING SPRINGS LANE ,��* 6rx 4 l '+ i �, -d ^'1t", ym St7 do, ❑ 11 F 'k*Ci,r +.�k'�t e • _`J i iiY i fl ct 1` VM µ ,�ii11itit l ,#4:,tij igi'yq a ,i�. *:'.'. ,„j� r.-.i,fa r+ "'Y'�Y7 Fr11' 4 int`+l krelttfoi,4.11 oda r 4',�`;(�j'✓Qy�';':' ljj b' , .> ATL 1 Y �� M'�.'k ' r • Development Summary -______ Retail 36.8 ac. ,.,,•,',,,,I!,.,'� a�;' Q Retail Center 25.8 ac, 31<'' \ Community Retail 12,9 ac, '"'L�mai{, > �� V.1 Hotel/Retail 2.1 ac. Y' 'x '>�'",% Home Improvement 21.6 ac. a 1- ' '4 ,' ' - Service Retail 7,0 ac, 0` cs ` Highway Commercial 24.6 ac. '1,5.,. Commercial Services 17,1 ac. 32 '' a .{ ,1 � +''-'W:03-4 u �1' ,�q III Neighborhood Commercial 4.3 ac. A+OIL iAY4Y t�, ' r iFINr4';' • Theatre 4,4 ac. as an.. �� / U Single Family Residential 29,4 ac. " ��� ED Multi-Family Residential 27.6 ac. 1Ck 1°�rr $x 34 0 - Park 22.5 ac. r, t ';' SNCIE FAWLY Interior Public R,O,W, 23.9 ac. Pipeline Easment 4.7 ac. NSP Easment 14.8 ac. ® Landfill (not In Park) 0.6 ac. III Ponding Easements 34.7 ac. Total Site Area 314,8 ac. ILLUSTRATIVE CONCEPT PLAN NORTH FUTURE DEVELOPMENT MOM MIIMMIIIIII 0 100 200 400 FEET SHAKOPEE CROSSINGS DAHLGREN, SHARDLOW, AND UBAN, INC. APRIL 26,1999 Figure 3 - ,. 1 : 3 ., _ - . „- :01...: , _ . -. ...„0,10/010100P'' IP.' ,AL • a 'i _...tet •,. r ' ;.d1 ^ 'z �, :;-.,ii q Light, . ' -.' , t # � a ;cam :i •'` ,c. . P A si "4- '&' r S 4 n r A..1'';',r'y r y st ' -...:7,1 e sr^ru.. r` . k•- x ; Al - - 9 n k4, ` iii vc\1150, ',, 4. r. a,� t-4,37.-,4;14.:-.7e,,:,,,,,,-.R ?� i-,;: . Open Wit,, 1,, 4s .e + J _.4.rt drz` . s* ., l r. P 0' 400' 800' 1200' 1 inch=800 feet I IDAHLGREN SHARDLOW Figure 4 AIVD UBAN U.".� LAND USE GUIDE PLAN ..i ,°,1';';°„°°, NORTH Source: City of Shakopee i -\ `�. 10„::::,, d____-.,,,,,,-- .......1 ..., ,,,:, -' i i _____..„____ . ....)0 $11 ....., 0„........;............_-_-__Aiiii 137H AVE. _ , _._ teras- -- { rr a sir ,. S rt Q ,-= 'L:tom» , i i raaa�-_ irxww d , ffi fiANSEN AVE. t+i,�-- xsL�^ ThIC }F` ydf { I� lk ..,..,..,...-......7........,,:. S 4 e \t A ...3 f \vc R \ ......... 0' 1000' 2000' 3000' 1 inch=2,000 feet iii IDAHLGRENi SHARDLOW : Figure 5 D� 1 ANUsA - EXISTING ZONING _ 1';'" "" NORTH C! -._=,------,--::::::________-=_:-._---____--.___,.....:...-- "� A _ _..—.-.._._._......_-_-.__._. ._ _ . —11\_,-- _ iniliMILaien IWO . .._ /.... ________ --_..4rf, — r--1 ifH. 1 irlva______Tr______1 1 Dzae)..0............_., ....... i-ath-p3 il ail dr 1 \ i gm prrum".....: ''\ o , F....Hi__ ..,.._1 111 IIIIImi_rv_f..,- mot 2 .1 r OND D �i \00144,41111i limn- (Jjjlj- ���/ off r---i*' rrrrrn, \�,- 44 DN logiiir * 'ff./' . /c iirI '''— 47----tib,".________ .....__ //,/,/ , __ _... -_-_-__-_-____7 _ ...ay....__ av s--`, •--, ',(j I _-_ L--___l D/F \ f .\\N :id*--.''''..‘:N 4 .1 '.M="Viik / '11....."'''",......... i p....:, D/F /k\ / I 1 1( .1141\11* /I tri4.____ I El El D Cover Types A STORMVATER POND 1 SHIFTING DUNES(1LOVOUT) C DEVELOPED LAID(STRUCTURES AND EARTHMOVING) 4 ( D NON-NATIVE GRASSLAND/El:IMAM) f LL�� 1 E DEGRADED DRY OAK SAVANNAH it / ^..�.. ` �' F DRY SAND PRAIRIE J' G DRY HECK FOREST I�/Q H LOV GRASSLAND(NON-VETLAND ACCORDING TO 1997 ���L TECHNICAL EVALUATION PANEL REVIEW OF SUBJECT PROPERTY) ®' ��-� u 1 SHRUILNVD D I/ J VET MESIO FOREST(NON-VETLAND,ACCORDING TO 1997 s. �� TECHNICAL EVALUATION PANEL REVIEV OF SUBJECT PROPERTY) K NESIC UPLAND FOREST AND n� 11110,0; ' � lii, !/d ( M HEAVTYPILY RED DRY OAK FOREST or t, Y Cover Arens //�;, `, A 12.0 AC. �•���i ////� s`� Q C 196 AACC.. D 832 AC. E B.1 AC. F 0A AC. G 13.7 AC. iH 6ai Ac D \`J 0.6 AC. K 0.0 AC. \ L 17.4 AC. f: Gilnir 34.3 AC. ../.," �\\ G/1 4.3 AC. \ D/I 3L6 AC. .—.-.__. ��`••._. G/K 36.9 AC, M 3.63 AC. M ... .�-.._. TOTAL 3l(.B AC. 7 VEGETATIVE COVER TYPES NORTH FUTURE DEVELOPMENT MII 0 100200 400 FEET SHAKOPEE CROSSINGS DAHLGREN, SHARDLOW, AND UBAN, INC. APRIL 21, 1999 Figure 6 ---_-":P.,-.'- i ..v.:i„: :: . BYPASS ------- _- .1 STATE ...z.,-_,,na---•"---'11,,.----:--t-40. 13 ......., FROM _------ STATE .....-Will411111111., 11 . TO •(,".••:i., •,c' k.;•k•i F•''•!-',, "•?rt;51090•:,.:, •,, ..._ ....•• --.'--•411 1: ''•-•-c- NO LM -,- -----7. 111111 -- -- - 1: sT 130°- _ ______.___._._.__________.__TT;;::::Er.,S1" .... .... _. .....,;;; p..,,,:it:.0._ ...,. ,; , .2,7 , ..:;,,...,9t07 :: ,,e:\ \ ',„, .--'''''.:1 ;;.., ... \ i --- ----___. __. . , /,115 k ____• ____.1_1____I• ' .2; I, /4E111)E - -- Pant '2- r 2 1? xr•., , .. ' Y - -' ---V-. ____, .F.1.2)9.1-0,'...2•A *\.C.,. ‘:,,_,f,,,, t‘,...:!IL!,!_5_1(Litn:LpOad,';•, ,, lt,,,. ..;i1 ...., '' 54 al ( RETAIL :.:17' ' i''/a ' I ,• H ,cr!, . ___ __ ,„:"\..._ PIP11113 EASEMENT \\,, \ . RETAIL --1:11 'w4:41-1 [ j id 1=1 :.' :"' NIMBI , • -ETAJL CENTER, 30-66 ',=res ' 2.1 acres 3 • 51: ‘ , \ k . ‘ RETAIL 110E11H v AI, .2...„, 2.6 acres ip 20.163721:c:: . ‘..I 1 ItETAcIrLe s 1 'RIO 50'acre, I ' 1 . I-- I_ii_______4 HOME IMPROVEMEt1T I 1------1 22.0 acres - .... _li:I=:w-9 14 4540-1 \\RETAIL 1 , 4.00 acre, : 4.61 II /.'61-0--I - , \P 0.01 acre.\ I :,----..- a - - 3 ,,-1------ -----_-_=" ,, 1 Z ' I, 1 6 41 , =1,--.... i..... 11 1111 PI ': . 1 i,l.t # . . . _ \ - „,.,', RETAIL ' I 11111 II : Pa • 1 ''(,\ // -,,1 1.67 acres • i 0 53 ncre! k q,-- I lif -1 , 13 IIIIII L.' : . ,,/.e / ‘‘‘,"- t 6 I : \ 4-1 ,-----. ., C.-1 - 4‘,94 REIM! I - \ 77- ,---1--7.-..---'--:=/ .. .'. ., •'ts-ir--‘ \ HUI 10. . 5.49 acres P 1.21 acres 1*:. ,7 17 R Fliffrill,k\ ' .--:A.-- "4 -IS 7 cikk". RETAIL. 11 .1 ir 8:171 acres„..„.....- ',,••*1,i'f,,,i, -,!.1.:,f,7,41,6,11 ,f,...:A.,,i:',71;, ,';‘,..I,;,, a I .1.,,•I;1','4'' 0174041•:!':f4ik'••i..%:•i• PARK o /1 7".. ..f, _. „,:ev,<'": "N'i..' 3.7 acres 'P,.. :111'''''',...-A,,ipa.'.'ik'•'''','%,':/-g.'.''.' '':.'...',!..,:-.%)...:rtrtE,i,q.._Y•, 'i-4,,,.`!.1.1',''.‘,-•. ,*-77. ...4.,:•,'i....,.,•• PARK _ P 1.12 acres , ) 0 .. -.7.i -- -_____ -';;. .•::.'..C!.!.7.'4f.','.',IP%rt;:',4-:' I _________ . #__._:__,,. .,si:;'2, '-'....:,',It.J!,,'./..,t'•-' 1.1., _, ----- 1 -________ ----__/ _ , : .-____._.-- 9 ., i ' / ., l: 8.87 aer•s ii:/'': c-6 8 commuiliry ?Ite7/vr/ _5? ' W. \:-::,7,:•,-* 4--:' 10 PETAH. THU IP': 1 2 / .......„..,........,.. ;,,,, ,...) ;Cre.11,1EpRaiA7L4----5:::leCE.5/,:,:.V 1 0oCi P ,,,. .„.:.;" .,.,'Prin.(''•111" '' N l'`, 'sir- • ‘„N 1 0 --- -7 ' t ,' , • IIIGIIWAl C0111.1ERCIAL / • , ‘C •-Ji#.------._j ca 7.0 acres V. ', . I, / / 24 /-' /COMMERCIAL `'FRVICESI..i: LI n 1 1 /_, P 301.144wargs__ ,... ,/ CO ,--''''i...il7,..- •',t;, V "/ F iIo4i.wi',. • it. f/ / 1 25 IN. 4 . ;/ r= 12 .-,D •..1,!i. i , I I/ COLO./FRO AI 'iIER'ilfrl I .. BOLING SPFIIIGS MW 0 .•••••.'•.'• F11`110E RE TAIL / // I 20 I _ -% '.1 ., . . , -, ("`;•-• '---'...4_: ..-- 7.0 acres / I. •..//// -::,--==.7.:. I 'H''''''''4Y.9C6°21."c'rer sR"Al P s':;n64cicc:es I 0 k `...._..., 71 / . /'"-_ ------__I-H \ P 1.04 acmes 2 / \ V 4\// ------- --- \ • V t- . ,:,„4. ., .N.-,.,--_-- ‘1) • • f- 13 v / i,„v...-. . \ .?6 1--f-‘----' ,,_1, MULTIPLE FAt 51.y -" (r ,' •, •90•,•1 \ ,,,1111fPf IA1 41:`,1,F`f ---I- / 1 \ s •1 7.2 acres ,' (- .". . , I.'1 .,.r•r i 7 % • \ / ........- , / s • „.......- ,,....- „„....., .--". ` 21 cl • fa t•t 12 a \ / ,,......- „...- .„.„....., ...,- \'`. ' ''. ''r ! ,„....., ,s21,. .- ' _......" 1 0 ....- --A. - \ __- -- „....- _....- ____ -- --- „.....- _...- '1E114 Illt PI It tt tl, I f•VITAIllit:1•1 ''',,„, \ s, P 'crew ) _. .__ __-- F 1.18 acre. i RARIf - -___-• . 6 2 orres 31 ...-.0 35 •-* -:, / RETAIL \ I e 1-1 IS MULTIPLE FAMILY ., 6.8 acres / ii PARK 7.15 tIt'roz \_ , . . ,...._ .1 , __. .___...-- 1,\s ) 11;' , • o . ItIrLE Al LI,.-- 1 \ 'lig\ 10 .,...?,Z 7 2 , • •I \''\•\ "(9\ ii mo, 36 MULTIPLE FAMILY 18 ,',' 4 3 \ ./. 4 .• 6 13.57 acres \\\\ 5 4 /. '• .. 17 'i,.1,.4\ ,. 7 • _ _7.7_7,_ ._ 1 13 . , t is ,,P 1 0.es a .`•<..f:•H7J:.'.:;-!- 9 10\),,\ `. -; ,IV.Re.r•-•'. -' ' "1'" • ' . ' 16" 17 ', =-„, 4f...;•14( 14 13 ll II lc, 9 s\ : ,-....___:, -'7,1 ,, .. s',,\ . , 15 16 is -..ttNt„,•..... .....__.--,...„...-•% :0- •4k, - z- I •\,... \ -;-;'4*.• •-- '' '-- --'-'•"" 4/1-'"-----'-'-". " - '---.' - .1,":-.9\\,„, :` ‘::::,•1:4,,,l':',IT! ;:.',..:,in.k:,1 •-••.... ----="7/4-_,.--- \ PARK I? acre, 26\•.:17 24k 0 125 250 5,,x, .. i"•""iii-m. ..__ . . ',..1.;.,:-. \ \ JAtlUARY, 1999 LEGEND . . , EXISTING STORM SEWER PROPOSED • . PROPOSED STORM SEWER STORM ST, WIii-R DRAINAGE SYSTEM (L_ _:7 7. ._:_.) EXISTING STOPM SEWER RETENTION POND SHAKOPEE CROSSING SHAKOPEE, MINNESOTA PROPosED STORM SEWER RETENTION POND . r . . .i EXISTING CAPPED LANDFILLS _ 1 WILLIAM R. ENGELHARDT ASSOCIATES, INC. CONSULTING ENGINEERS t, 1 CHASKA, MINNESOTA 55318 Figure 8 / - ��N b OP ASS ipoLpt �.N' - Sa��N 8n��0 t SHAKOPEE 00. 13 H1N i NCATN i ii FROM STATE �a N0. 1 3 _ WEST BOUND LANES ,M. - ..--' - EAST BO AyENUE PARK P 2.42 acres P 2.99„/G°11:1:' .99 ocras Pond \ \'SSN P 1.29 acroa - - - - Y 't 4 14 /y;i�� 1 1 RETAIL �i'i l---I - RETAIL �- 4.00 ocrea 4.61 acres I 1 w, P 0.81 acres • -. , I1Ti1r fi LIEU 1 [ 2 '------ 2.1 acres •f f-I I I _ 0 0 15 r r--I 1 1 22 �I© Nam ( 11111 I •m agnim ' 3 RETAIL I �-I I H04E CD ��J E'��_ 1 -ETAIL CENTER 5 1 4 acres IMPROVEMENT 11 30.96 oduo RETAIL t HOTEL/RETAIL P U 50 acres 1-��� 22.0 acres NMI Eas 0 ( f'7/ • 2.6 acres 2.13 acres I---1 I I Ai r.minum 11n 1 .....1.19,,,,,,,,' � F DA7 acres f""'-I I'---i D I 16 \----I } 11111 9 I • RETAIL 11 1-�1. es( P 0.53 acres 4 -II"--1 � 11111 t \ 6 A-11 I I / , , RETAIL y "� '� 1 r Lull \l` .7 ./i i` 5.49 acres17 / P 1.21 acroa RETAIL jmlt " \ /\, 2.69 acres OUtI0 r 7 P 0.71 acres {\ 12.89 acre ^'� RETAIL 18 ..� PARK ' _. "' 3.7 acres / :.--....___ HIGHWAY COMMERCIAL PARC '. �"'�'-• ----. 12 78 acres R / P 1.12 acres IASP CAS]. I ___________ ____________ i 9 \� + I COMMUUITY 8 �`•'� 7- 1 ` �. /. / RE TAIL •- I 1}tEATRE I O ur 7.7 acres j y'- 8.22 acres �"' OQ /t � P 1 lE acres s1 Q' N,‘\,..10\\... \ ) COMMERCIAL SERVICES UO p ___1 /6i/ s \ 10\\\i\ 19 M/ P8.874 access 40 0 �i R5 .,.1 HIGHWAY COMMERCIAL .! n Is 1 S 7.15 �,.�r� 5..18 o.rns _JI IL- 11 \ P 0.75 acres / h LO'_ ;res �// n�/1r " � COMMUNITY RETAIL ti' -ti• /Bt 0CK '. 0 7.0 acres \\ v / ,.� 2 4 l 1:..:::1 ;//C \ Q i%�� G'c / '.UTAMERGAL SERVICES U 1-1 'II au c: 7^ rs - q / 17.. P 0.44 acrr. 25 r-A 4/ D ,, 12 COMMERCIAL sERVI,'ES BOLING .PRINGS LANE 0 SERVT r FAIL / / 20 1.26 ocrea • '/. -N__= u 7.0 acres • /,/ HIGIIWA'i CCCIMEHIA AL P 0.64 acres •7/�[/ 7--,--‘7.-._== 0 •- 1 96 acres 1 u ,///•\ 2 \ /,/\ '` ----) P 1.04 acre* '_�\� • 1n 13 /j / 26 k..',..'":_--'____ /�'����� I MULTIPLE FAMILY / . /// 111 `, , COL,MCRGAL SERVICES / 1 \ s 7 7.2 acres / , I.` , 4.23 acres / 7 1 e \ / / I �' 21 T n 7; acres L_1 / I,I 1,�/1 6 i / / / 111.11 n. i1 I.IIAF N..IAI i - \ !1\I / i(1 \ '. 5.16 :%., i / lOML f.,P11000 Al. 1l i 4._6 acres �J 27 P 1..F3acroa PAM., 1 PARK I ......,.7.,-.--r....-------.._,„_ 3.54 .:1 r. \ 8.2 acres 31 .•'4--- 35� RErAit. MULTIPLE FAMILY ;,y' PARI. 2 15 acres . \\\._�.I/% - r 111111 6.8 acres 7.15 acres / \ ,.. \A J r A IH9 A ILY 2 1 / . 1 \ I1 '/) 7 3 Mu..uP.36nHu.v !{, 1B � 3 •\ � 5 \ `` \ 12 I t s 4 ! 13.57 acres ,. �I.j �:�4.•y��� 5 )� LIII t r un Y.' 7------- \ 5 ,,,,,,:,.' \_ 17 �\ . \-, , a 9 10 1614 16 16 17 '; ;/r+�. 11 1: 12 11 10 9 6\ /. \\ �7 111 r ,� �-_� �\ 25 �:�,�.__...•_._r.. ;._i-gam 15 ,� 4 PARK _6\\7 [20 19 18F7\ 6tJ2 \\ 24 Y3 22 121 0 12�5 25�0 500 .-�_�. \ rllarl'lsa>_s� JANUARY, 1999 LEGEND EXISTING EAST DEAN LAV IF.UNK SANITARY SEWER • • • PROPOSED LATERAL SANI-I AR SEWER PROPOSED SANITARY SEWER SYSTEM PROPOSED LIFT STATION• - - PROPOSED FORCEMAIN SHAKOPEE CROSSING 13 SHAKOPEE, MINNESOTA EXISTING CAPPED LANDFILLS coI WILLIAM R. ENGELHARDT ASSOCIATES, INC. CONSULTING ENGINEERS 11 CHASKA, MINNESOTA 55318 Figure 9 car,IIP"VE. 3 2tr H IF A Iii... 9.. -^41011111111111111k .........""."..".".""*"".....***"...."-"".""TitY1 we. E 114 R 1111 . 1 IfearniaIlideadr It ` ; �X::[ , .1 / , t ` o :11 1 , : �M,`ST--Or ,,1 r Olt iE iliqi (-1 Y. C+ +10 -,0,0, �/ SSSry f. Y� y � . pi,-,,, �l ' / Alain A . � ,2KT. _ _ •”410" / '4W''N, 4-, 10111 , a •.. 40'/10 ' ,Q' ,i 200___\'/5(01P7- '. � \ •'V -,i ; \ 4 N♦ • ,, Ft4�{n e`er at-A, woos L • 200 /540' i$ 4..........., yl• 71 –6. last Avt S. "' 1 'I c N QgC / `3 t „tive.ve' h T p. IS .T V / I / 190'/51 ' .r s. cAnicaulna Y �t j �' 1 x Q is.GT VA I.C3"Ali.*.Z ‘04%.2mi DAHLGREN SHARDLOW O Critical Intersections .�,.._ Traffic Noise L10 65 day/ Traffic Noise L10 Contour 2.IIG.I.TI nIellTacn W'MST♦MINIM Mous Source: ITI 21• :oma: ,:;�; • NORTH L10 55 night Distances from Centerline David Braslau Associates, Inc. Figure 10 • 0 �o16D1 O�'yol 3$' N 1NY 169 30,00015,50/35,5000 0 21,000/5,800/26,800 21,000/4,200/25,200 /2,200/21200 Ne. St 13 oca Ol a n 4 ata r n0 r4) n _0tb c 7,500/24,000/31,500 c SOUTHBRIDGE O PARKWAY 1' 800/7,000/7000 x2,3600/37 Road"D" 2020 BACKGROUND DAILY TRAFFIC/DEVELOPMENT DAILY TRAFFIC/TOTAL DAILY TRAFFIC PBPARSONS CITY OF SHAKOPEE BRINCKERHOFF 2020 DAILY TRAFFIC VOLUMES SHAKOPEE CROSSINGS • Figure 11 t 11"-- - "P- c) [I ___,00•00000060 ' _ice //- i _ -- ----------"pililigiismmhh,AmllYir "1"1"14"1" . ." - ;i29J.Etli► all\\IIIWg PHASE a ��, 0 ED O, dici 0 � �� o O 00 O 0 L-7 �� 00 0 o • p O ��� _ I I O O 0'�� , ilik�, , O PHASE IV PHASE III ; ® /'ii%%, '� � PHASE H a ����� a)Aliik‘ ':�! �jPHASE 1 alletaill - �0��� ill , e �0� y: PHASE • PHASE III / 11-1 04"411/©�' vPHASE 111 •i4* PHASE III 0 0 040O vior4 • PHASE I is, Ili 1.1 �4 ,40oi ,....... .\\ 0ll 4PHASEVI \\PHASE II p PHASE V ���'• �j/ • ' -� a Qs PHASE VI = 0 ""' DEVELOPMENT PHASING PHASE I 2000 PHASE IV 2003 PHASE II 2001 PHASE V 2004 PHASE III 2002 PHASE VI 2005 DEVELOPN ENT PHASING NORTH FLTE DEVELOPE \ T..... IMMIIMMI 0 100200 400 FEET S H A K O P E E CROSSINGS DAHLGREN, SHARDLOW, AND UBAN, INC. NOVEMBER 25,1998 Figure 12 Appendices Appendix 1. Birds possibly located on or near the Shakopee Crossings project area based upon range maps (Janssen 1987). Common Name Scientific Name Pied-billed Grebe Podilymbus podiceps Double-crested Cormorant Phalacrocorax auritus American Bittern Botaurus lentiginosus Least Bittern Ixobrychus exilis Great Blue Heron Ardea herodias Great Egret Casmerodius albus Green-backed Heron Butorides striatus Black-crowned Night-heron Nycticorax nycticorax Canada Goose Branta canadensis Wood Duck Aix sponsa Mallard Anas platyrhynchos Northern Pintail Anas acuta Blue-winged Teal Anas discors Northern Shoveler Anas clypeata Gadwall Anas strepera Hooded Merganser Lophodytes cucullatus Northern Harrier Circus cyaneus Cooper's Hawk Accipiter cooperii Red-shouldered Hawk Buteo lineatus Broad-winged Hawk Buteo playtypterus Red-tailed Hawk Buteo jamaicensis American Kestrel Falco sparverius Gray Partridge Perdix perdix Ring-necked Pheasant Phasianus colchicus Virginia Rail Rallus limicola Sora Porzana carolina American Coot Fulica americana Killdeer Charadrius vociferus i Spotted Sandpiper Actitis macularia Upland Sandpiper Bartramia longicauda American Woodcock Scolopax minor Black Tern Chlidonias niger Rock Dove Columba livia Mourning Dove Zenaida macroura Black-billed Cuckoo Coccyzus erythropthalmus Yellow-billed Cuckoo Coccyzus americanus Eastern Screech Owl Otus asio Great Horned Owl Bubo virginianus Barred Owl Strix varia Long-eared Owl Asio otus Appendix 1 Appendix 1. Continued. Common Name Scientific Name Common Nighthawk Chordeiles minor Whip-poor-will Caprimulgus vociferus Chimney Swift Chaetura pelagica Ruby-throated Hummingbird Archilochus colubris Belted Kingfisher Megaceryle alcyon Red-headed Woodpecker Melanerpes erythrocephalus Red-bellied Woodpecker Melanerpes carolinus Yellow-bellied Sapsucker Sphyrapicus varius Downy Woodpecker Picoides pubescens Hairy Woodpecker Dendrocopus villosus Northern Flicker Colaptes auratus Pileated Woodpecker Dryocopus pileatus Eastern Wood Peewee Contopus virens Willow Flycatcher Empidonax traillii Least Flycatcher Empidonax minimus Eastern Phoebe Sayornis phoebe NI()°' Great Crested Flycatcher Myiarchus crinitus Eastern Kingbird Tyrannus tyrannus Horned Lark Eremophila alpestris ‘ CY1;_ise\(- Purple Martin Progne subis Tree Swallow Iridoprocne bicolor Northern Rough-winged Swallow Stelgidopteryx serripennis Bank Swallow Riparia riparia Cliff Swallow Petrochelidonrrhon py ota Barn Swallow Hirundo rustica Blue Jay Cyanocitta cristata American Crow Corvus brachyrhynchos Black-capped Chickadee Parus atricapillus White-breased Nuthatch Sitta carolinensis House Wren Troglodytes aedon Sedge Wren Cistothorus platensis Marsh Wren Cistothorus palustris Eastern Bluebird Sialia sialis Veery Catharus fuscescens Wood Thrush Hylocichla mustelina American Robin Turdus migratorius Gray Catbird Dumetella carolinensis Brown Thrasher Toxostoma rufum Cedar Waxwing Bombycilla cedrorum Loggerhead Shrike Lanius ludovicianus European Starling Sturnus vulgaris Appendix 1. Continued Common Name Scientific Name Warbling Vireo Vireo gilvus Red-eyed Vireo Vireo olivaceus Yellow Warbler Dendroica petechia Cerulean Warbler Dendroica cerulea American Redstart Setophaga ruticilla Ovenbird Seiurus aurocapillus Common Yellowthroat Geothlypis trichas Scarlet Tanger Piranga olivacea Northern Cardinal Cardinalis cardinalis Rose-breasted Grosbeak Pheucticus ludovicianus Indigo Bunting Passerina cyanea Dickcissel Spiza americana Chipping Sparrow Spizella passerina Clay-colored Sparrow Spizella pallida Field Sparrow Spizella pusilla Vesper Sparrow Pooecetes gramineus Lark Sparrow Chondestes grammacus Savannah Sparrow Passerculus sandwichensis Grasshopper Sparrow Ammodramus savannarum Song Sparrow Melospiza melodia Swamp Sparrow Melospiza georgiana Bobolink Dolichonyx oryzivorus Red-winged Blackbird Agelaius phoeniceus Eastern Meadowlark Sturnella magna Yellow-headed Blackbird Xanthocephalus xanthocephalus Brewer's Blackbird Euphagus cyanocephalus Common Grackle Quiscalus quiscalus Brown-headed Cowbird Molothrus ater Orchard Oriole Icterus spurius Northern Oriole Icterus galbula House Finch Carpodacus mexicanus American Goldfinch Spinus tristis House Sparrow Passer domesticus d rt Appendix 2. Reptiles and amphibians possibly located on or near the Shakopee Crossings project area based upon range maps. Common Name Scientific Name blue-spotted salamander Ambystoma laterale tiger Salamander Ambystoma tigrinum mudpuppy Necturus maculosus American Toad Bufo americanus Cope's gray treefrog Hyla chrysoscelis gray tree frog Hyla versicolor spring peeper Pseudacris crucifer western chorus frog Pseudacris triseriata green frog Rana clamitans northern leapard frog Rana pipiens wood frog Rana sylvatica snapping turtle Chelydra serpentina painted turtle Chrysemys picta prairie skink Eumeces septentrionalis western hognose snake Heterodon nasicus eastern hognose snake Heterodon platirhinos milk snake Lampropeltis triangulum northern water snake Nerodia sipedon smooth green snake Opheodrys vernalis goperer snake Pituophis catenifer brown snake Storeria dekayi Redbelly Snake Storeria occipitomaculata plains garter snake Thamnophis radix common garter snake Thamnophis sirtalis Striped Chorus Frog Pseudacris triseriata Northern Leopard Frog Rana pipiens Appendix 2 "£sx a Ri Appendix 3. Mammals possibly located on or near the Shakopee Crossings ro'ect area based upon range maps. Common Name Scientific Name opossum Didelphis marsupialis masked Shrew Sorex cinereus short-tailed shrew Blarina brevicauda pygmy shrew Microsorex hoyi stamose mole Condylura cristata eastern mole Scalopus aquaticus Keen myotis Myotis keenii little brown myotis Myotis luc fugus silver-haired bat Lasionycteris noctivagans eastern pipistrel Pipistrellus subflavus big brown bat Eptesicus fuscus red bat Lasiurus borealis hoary bat Lasiurus cinereus raccoon Procyon lotor least weasel Mustela rixosa short-tailed weasel Mustela erminea long-tailed weasel Mustela frenata mink Mustela vison striped skunk Mephitis mephitis coyote Canis latrans red fox Vulpes fulva gray fox Urocyon cinereoaargenteus woodchuck Marmota monax thirteen-lined ground squirrel Citellus tridecemlineatus eastern chipmunk Tamias striatus red squirrel Tamiasciurus hudsonicus eastern gray squirrel Sciurus carolinensis northern flying squirrel Glaucomys sabrinus beaver Castor canadensis white-footed mouse Peromyscus leucopus deer mouse Peromyscus maniculatus southern bog lemming Synaptomys cooperi boreal redback vole Clethrionomys gapperi meadow vole Microtus pennsylvanicus prairie vole Microtus ochrogaster muskrat Ondatra zibethica meadow jumping mouse Zapus hudsonius eastern cottontail Sylvilagus floridanus white-tailed deer Odocoileus virginianus norway rat Rattus norvegicus house mouse Mus musculus Appendix 3 . , t , . , . . ...... . . .....,..... „ .. ... . ..„:„..._,,..:......„.......„.._... .. - ,.........,....,::::.....,..: „.....„ ,. .,„:„... „,...,.. . .,..,....„ .. . . . 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'1/4 Providing B Natural ResoustlleESnliictzropnelt;eElctlgt,-elcii01 Consulting _ .-. - . ECOLOGICAL RESOURCES .,- . • _ ,. AppendiX 4 - . - - - . , . - . . - • - -' • • • • . , . . . • SHAKOPEE CROSSINGS HYDROLOGY REPORT Prepared for: Shakopee Crossings Limited Partnership by: Svoboda Ecological Resources Project Number 95-041 September 19, 1995 TABLE OF CONTENTS PART I -TECHNICAL REPORT 1 PROJECT LOCATION AND SITE DESCRIPTION 1 STUDY METHODS 2 Data Gathering 2 Data Interpretation 3 RESULTS 5 DISCUSSION 6 CONCLUSION 9 SUMMARY 9 DESCRIPTION NOTES 11 LITERATURE CITED 12 PART II -CERTIFICATION 13 PART III -CREDENTIALS 14 PART I -TECHNICAL REPORT PROJECT LOCATION AND SITE DESCRIPTION The study site is located within the proposed Shakopee Crossings development that lies within the SE1/4 Sec. 11; S1/2 Sec. 12 (west of CR 18); NW1/4 Sec 13; and N1/2 NE1/4 Sec. 14 in Eagle Creek Township (T115N R22W), Shakopee, Scott County, Minnesota. Basins studied were numbers 12, 13, 14, and 15 as described in the 1994 Svoboda Ecological Resources wetland delineation report. These basins are located along the eastern edge of the property. The listed basins were originally delineated in July, 1994 as described in our September 7, 1994 report. Basin 15 was delineated as part of an earlier study conducted for the construction of C.S.A.H 18, and was not included in the aforementioned report. Organic soils in these basins are vegetated with a facultative plant community which is disturbed as a result of its use as a horse pasture. Due to the limited amount of hydrology information at the time of the delineation, the wetland boundary was staked along the edge between upland and facultative plant communities. Land use in the area surrounding the site, including gravel pit dewatering activities, pipeline installations, buried utility lines, storm sewer lines, drainage ditches, and other construction appears to have permanently lowered the water table in and around Basins 12, 13, 14, and 15, as evidenced by the findings. The dry conditions in the organic soils and disturbed plant Svoboda Ecological Resources 1 Shakopee Crossings Hydrology Study community found during the delineation of the site suggested that more detailed information should be gathered to determine if wetland hydrology exists in the basins. During regulatory visits to the site in the autumn of 1994, the question was raised over whether wetland conditions exist in the area between Basins 13 and 14. It was requested that hydrology information also be gathered for this area as part of the study. Hydrological information was gathered beginning with the start of the 1995 growing season and continuing through mid-July, to determine if wetland hydrology exists within the basin. The findings are detailed below. STUDY METHODS Data Gathering Shallow monitoring wells constructed from 1 inch diameter PVC pipe were used to measure the depth to the water table. The wells were 36 inches in length, and had an 18 inch screen through which water could flow freely, allowing the water level inside the well to coincide with water table fluctuations. Soil profiles (to 40") were hemic peat to 24", underlain by loose sand in all sample locations, minimizing potential for perched water. Since no impermeable layer was found within the upper 40 inches of the soil, wells were installed to depths between 36 and 40 inches. Wells were constructed and installed as described by Gamble and Calhoun (1979). Due to the large size of the study area, its minimal topographic variation, and continuity of soils, it was assumed to have a relatively flat water table which would parallel the land surface. On April 24, 1995, 15 shallow monitoring wells were placed in 3 transects of 2 to 3 sample points each, and in individual sample points (well locations) throughout the study area. An additional two wells, #101 and #102, were installed on May 25 in Basin 15. The monitoring wells were located in the lowest elevation levels of the basin, with transects running Svoboda Ecological Resources 2 Shakopee Crossings Hydrology Study approximately perpendicular to topographic contours. Sample points were placed approximately 30' apart in the transects. The individual sample points were located in smaller topographic depressions in the basin. The layout and approximate location of sampling wells • is indicated on Figure 1. Water table measurements were made weekly during the period from April 24 through July 12. Guidelines for the described hydrology study approach were taken from Gamble and Calhoun (1979) and Sprecher (1993). Data Interpretation Depth to free water in the monitoring wells was considered as the depth to the water table. The term "water table" is defined as "The zone of saturation at the highest average depth during the wettest season; it is at least 6" thick and persists in the soil for more than a few weeks" (Federal Interagency Delineation Manual, 1989, page 75). The water table can be measured by determining the depth at which free standing water stabilizes in a test pit (after adequate time has passed for water to drain into the hole) (Federal Interagency Delineation Manual, Section 3.37, part 2 -page 17). This, however, represents the water table depth only, and the depth to saturated soil will always be nearer the surface due to capillary fringe (1987 Corps of Engineers Manual). According to the 1989 Manual, the mandatory technical hydrology criterion for organic soils states "the water table is usually at a depth where saturation to the surface occurs more than rarely" (Federal Interagency Delineation Manual, Section 2.9, part 1.D.- page 7). Although there is no further explanation of what duration of saturation is required for organic soils in the manual, the U.S. Soil Conservation Service definition of organic soils states that, excluding leaf litter, organic soil "is saturated with water for long periods" (Soil Survey Staff, page 45). In mineral soils, depth to water table must be within 0", 6", or 12", depending on soil type and permeability (Larson, 1995). Water tables at these depths are expected to cause saturation to Svoboda Ecological Resources 3 Shakopee Crossings Hydrology Study the surface long enough to cause anaerobic conditions (Federal Interagency Delineation Manual, Section 2.9, parts 1.B. and 1.C.). While the capillary fringe associated with different organic soils will vary, it is assumed, for this study, that the water table needs to be within 12" of the surface for more than 8 consecutive days during the growing season to meet the mandatory technical criterion for hydrology. Monitoring well locations that did not show this characteristic during the study period under normal precipitation conditions were considered to be in non-wetland. The water table is likely to be at its highest level during the early part of the growing season. Therefore, the depth to water table of 12" is assumed to be most appropriately applied at this time of the year as the elevation which water must exceed for 8 consecutive days to meet the hydrology criterion. All data collected for this study were evaluated in the context of monthly and daily precipitation totals compared to long-term averages from the Chaska National Weather Service Station. Monthly and daily precipitation totals during the study period were gathered from Soil and Water Conservation Districts and Metro Mosquito Control stations located in Sections 14 and 9, respectively, of Eagle Creek Township (T115N R22W). Precipitation during the past 17 months is summarized in Table 1. • Svoboda Ecological Resources 4 Shakopee Crossings Hydrology Study RESULTS Table 1. Precipitation data collected from SWCD and Metro Mosquito Control recording stations. MONTH > < '' ::lit ti i Ator ::.:..:.: Oil DEPARTURE: :<: :; ::>:><:>:::... :. .. >> > FRO11v1...;::>::: a:-;;;...LAS'S... : .::.... ...FRC2IYT... - >>E> ,:..... Alts ig January (1994) 1.18 +0.49 1.18 +0.49 February 1.11 +0.43 2.29 +0.92 March 0.41 -1.32 2.70 -0.40 April 4.22 +1.77 6.92 +1.37 May 2.74 -0.82 9.66 +0.55 June 4.31 -0.03 13.97 +0.52 July 4.76 +0.50 18.73 +1.02 August 5.98 +2.10 24.71 +3.12 September 5.69 +2.63 30.40 +5.75 October e 4.75 +2.54 35.15 +8.19 November 1.85 +0.30 37.00 +8.59 December 0.54 -0.35 37.40 +8.10 January (1995) 0.72 +0.03 0.72 +0.03 February 0.15 -0.53 0.87 -0.50 March 3.11 +1.38 3.98 +0.88 April 3.28 +0.83 7.26 +1.71 May 3.33 , -0.23 10.59 +1.48 , June N/A" *"Normal" is defined as the 30-year average(1961-1994),as collected from the NWS Station in Chaska,MN. **A two month lag period exists before precipitation data are available to the public. All values are inches of water. Thew wells (individual and those in transects) were installed on April 24 and monitored weekly through 12. Water table elevations were measured on 11 days during that time. Water g July levels in all wells were regularly greater than 30" below the soil surface. Since water levels never reached near 12 inches below the surface, all areas studied were determined to be non- wetland. Water table readings are presented in Table 2. Svoboda Ecological Resources 5 Shakopee Crossings Hydrology Study Table 2. Hydrology Data from Basins 12, 13, and 14 at Shakopee Crossings Site Weld . . Date of Readin 5f 519::: ..Sf S Sid9 5/2 13 / f T1-2 32.0 32.0 30.0 32.0 32.0 32.0 32.0 32.0 32.0 32.0 32.0 T2-1 31.0 31.0 31.0 31.0 31.0 31.0 31.0 31.0 31.0 31.0 31.0 12-2 NR 35.5 33.0 34.3 34.8 35.5 35.5 35.5 35.5 35.5 35.5 T2-3 NR 34.0 33.0 35.3 35.8 33.5 36.0 34.9 38.3 40.3 42.5 T3-1 38.0 37.0 33.0 36.5 36.5 34.5 36.6 35.8 36.8 38.0 38.0 T3-2 30.0 28.5 24.0 30.3 33.5 25.5 33.6 28.3 37.0 31.9 36.3 T3-3 38.0 33.5 32.0 35.0 35.8 33.1 36.1 35.5 38.8 38.8 39.0 4 NR 40.5 40.5 40.5 40.5 40.5 40.5 40.5 40.5 40.5 40.5 5 42.0 42.0 40.5 41.0 41.3 40.4 41.0 40.4 42.0 42.0 42.0 6 39.0 39.0 39.0 39.0 39.0 38.0 39.0 39.0 39.0 39.0 39.0 7 43.0 42.0 42.0 42.0 42.0 42.0 42.0 42.0 42.0 42.0 42.0 18-1 38.0 38.0 37.5 38.0 38.0 37.6 38.0 37.8 38.0 38.0 38.0 18-2 33.5 33.0 33.0 33.0 33.0 31.6 33.0 31.5 33.0 33.0 33.0 9 NR 36.0 28.5 32.0 33.1 28.0 30.5 30.9 32.8 36.8 38.3 Data reflect depth to water in inches below soil surface. Data were collected from shallow monitoring wells installed on April 24, 1995. One reading was taken in wells 101 and 102 before Basin 15 was filled with water which was pumped in from the road construction site to the north (See Figure 2). This reading occurred On May 30; the water level in well 101 was 30.625" below ground surface and 35.0" below ground level in well 102, both considerably below the 12 inch level. DISCUSSION Histosols form when decomposition is less than production of plant residue. In order for this to occur, prolonged saturation must exist to cause the anaerobic conditions in the soil which inhibit decomposition. Currently, the criteria for duration of saturation and depth to water Svoboda Ecological Resources 6 Shakopee Crossings Hydrology Study table is not explicitly defined. According to the 1989 Manual, water tables in histosols should be located close enough to cause "saturation to the surface more than rarely". While the exact distance from water table to the ground surface is not given, a reasonable interpretation of the manual suggests that the water table should be within 12 inches of the surface throughout most of the growing season to support a "typical" wetland plant community and to prevent the oxidation and subsequent decomposition of those organic soils. Water levels in T1-2, located in the northwestern corner of Basin 13, never reached closer than 32" from the ground surface. Within transects 2 and 3, located along the western edge of Basin 13, only one well (T3-2) ever had water levels closer than 30" from the surface, and its highest reading was 24" below ground level. The highest water level in wells 4, 5, 6, and 7, located in the eastern part of Basin 13 and between Basins 13 and 14, was 38" below ground surface, and readings were regularly greater than 40". Although only one reading was taken in wells 101 and 102, the depth to water was greater than 30", which is similar to water levels found in Basins 12, 13, and 14. The soils and bottom elevations of all four basins are essentially the same. Basin 15 has a bottom elevation of 735.8', and that of Basin 14 (located closest to Basin 15) is 736.2'. Considering the depth to water found in the May 30 reading and the similarity of Basin 15 to the other basins studied, it is reasonable to conclude that Basin 15 would not meet wetland hydrology criteria under normal conditions, and is therefore non-wetland. The high water level in well 9, located in the lowest elevation area of Basin 12, was 28.0" below the soil surface, and the water table was regularly greater than 30.0" below the surface. Svoboda Ecological Resources 7 Shakopee Crossings Hydrology Study Basin 14, which contained wells T8-2 and T8-1, never had water elevations higher than 31.5" below the surface, and the water table was regularly greater than 33.0" below the surface. During a regulatory visit to the site in the autumn of 1994, standing water was observed in Basins 12 and 14. There are several possible explanations for this occurrence. The area experienced above normal precipitation by 2.0 inches or more for August, September, and October of 1994 (see Table 1). Also, the basins are regularly used as a horse pasture, which has resulted in the soil being heavily compacted. The surface layers likely have reduced hydro- conductivity due to the compaction and dryness of the organic soil. Since water flows more easily through saturated than non-saturated soil, drainage would not readily occur in these basins until the surface layer is saturated. Once this saturation occurs, the less compacted underlying layers and saturated surface layer likely allow more rapid drainage. Yearly precipitation at nearby Soil and Water Conservation District and Metro Mosquito Control recording stations through July 12 was approximately at or above normal. The year- end precipitation total for 1994 was 8.10 inches above normal, and 1995 data shows the area has experienced above normal rainfall through the end of May. Therefore, it is reasonable to assume that the water table would be at or above normal levels. While water tables in perched wetlands typically show a high degree of fluctuation, those associated with local or regional water tables are considerably more stable. The sandy substrate beneath the organic horizons suggest that the area is unlikely to perch water. The highest water levels observed in wetlands are typically present in the spring, early in the growing season. Water levels will generally drop throughout July and August, then stabilize or slightly increase in fall (depending upon precipitation). Svoboda Ecological Resources 8 Shakopee Crossings Hydrology Study CONCLUSION A study was conducted to determine if wetland hydrology exists in Basins 12, 13, 14, and 15, as requested by representatives of governing regulatory agencies during a visit to the site in autumn, 1994. The study was designed and completed using guidelines set forth by Sprecher (1993), and Gamble and Calhoun (1979). According to the findings of this study, the area between Basins 13 and 14, and all four of the basins studied clearly do not have a water table high enough to cause saturation to the surface and therefore satisfy wetland hydrology criteria. Since wetland hydrology is not present, Basins 12, 13, 14, and 15 are non-wetland. SUMMARY 1. Water table elevations were measured weekly in 14 monitoring wells during April, May, June, and July, 1995 to determine the extent of jurisdictional wetland. 2. Areas with water tables regularly extending within 12" of the surface for more than 8 consecutive days would be considered wetlands (assuming soils and vegetation were present); none of the wells in the study had water levels closer than 24" from the surface. • Well T1-2 regularly had depths to water of 32". The highest water level reading taken from this well was 30" from the surface. • Water level readings in Transect 2 were always 31.0" or greater. • Transect 3 had depths to water regularly greater than 30.0", and the shallowest reading to the water table was 24". Svoboda Ecological Resources 9 Shakopee Crossings Hydrology Study • Wells 4,5,6, and 7 regularly had depths to water greater than 39.0", the shallowest reading was 38". • Transect 8 regularly had depths to water greater than 33.0". The shallowest reading was 31.5". • Well 9 regularly had depths to water greater than 32.0". The shallowest reading was 28.0". 3. Because all water levels were regularly greater than 30.0" and none of the sample points experienced water tables above the jurisdictional level of 12.0", Basins 12, 13, and 14 were determined to be non-wetland due to lack of wetland hydrology requirements. 4. Basin 15 was determined to be non-wetland based upon water levels in wells 101 and 102 being greater than 30.0" below the surface and similar soil conditions and bottom elevations to the other basins studied. 5. Figure 1 shows the approximate locations of wetlands and water table sample points used in our study. Svoboda Ecological Resources 10 Shakopee Crossings Hydrology Study g SOIL DESCRIPTION NOTES Soils in all areas studied were similar in profile composition and none of them contained restrictive layers within the upper 40 inches which would perch or pond water. The typical soil profile is as follows: 0-24" fibric and hemic peat 24-36"+ 10YR 4/1 and 5/1 loose sand Svoboda Ecological Resources 11 Shakopee Crossings Hydrology Study LITERATURE CITED Federal Interagency Committee for Wetland Delineation. 1989. Federal manual for identifying and delineating jurisdictional wetlands. U.S. Army Corps of Engineers, U.S. Environmental Protection Agency, U.S. Fish and Wildlife Service, and U.S.D.A. Soil Conservation Service, Washington, D.C. Cooperative technical publication. 76pp. plus appendices. Federal Register. 1995. Changes in hydric soils of the United States. Vol. 60, No. 37, February 24, 1995. Gamble, E.E. and T.E. Calhoun. 1979. Methods of installing piezometers for soil moisture investigations. U.S.D.A. Soil Conservation Service, unpublished technical note. Larson, G. 1995. Note to users of the Minnesota Wetland Delineation Field Guide and 1989 Federal Interagency Delineation Manual (Manual). ERRATA, July 7, 1995. Soil Survey Staff. 1994. Keys to Soil Taxonomy. U.S.D.A. Soil Conservation Service. Blacksburg, Virginia. Sprecher, S. 1993. Installing monitoring wells/piezometers in wetlands. WRP Technical Note HY-IA-3.1. U.S. Army Corps of Engineers. U.S. Army Corps of Engineers. 1991. Questions and answers on 1987 Manual. October 7, 1991 Memorandum. U.S. Army Corps of Engineers. 1992. Clarification and interpretation of the 1987 Manual. March 6, 1992 Memorandum. U.S. Army Corps of Engineers. 1987. Corps of Engineers wetlands delineation manual. Technical Report Y-87-1. Waterways Experiment Station, Vicksburg, Mississippi. Svoboda Ecological Resources 12 Shakopee Crossings Hydrology Study PART II -CERTIFICATION The procedures described in this report and the field methods are consistent with current guidance for hydrology studies. It meets the criteria for minimum hydrology requirements as described in the 1987 and 1989 procedural manuals and conforms to applicable standards of regulatory interpretation in use at the time. Prepared by Michael S. DeRuyter, Soils Specialist on this day, September 19, 1995. Reviewed and revised by Robert J.F. Merila, Aquatic Ecologist. Client: Shakopee Crossings Limited Partnership Project Name: Shakopee Crossings Hydrology Study Project Number: 95-041 Location: Shakopee, Minnesota Soils Specialist -- President, Franklifi J. Svoboda and Associates !p, /??s Date Svoboda Ecological Resources 13 Shakopee Crossings Hydrology Study 3 PART III -CREDENTIALS Svoboda Ecological Resources Wildlife, Wetland, and Vegetation Studies and Services Franklin J. Svoboda - Company President and Certified Wildlife Biologist. Frank has been involved with wetland evaluations and determinations since 1974. During this twenty year period he has examined or been responsible for the examination of nearly 4000 wetlands in 10 states. The company specializes in various natural resources investigations including the technical characterization of wetlands. Svoboda Ecological Resources has taught five courses in wetland delineation methods in the past two years. Robert J.F. Merila - Wetland/Aquatic Ecologist. Rob has a B.S. degree in aquatic biology, is an Associate Fisheries Scientist, and has worked on projects related to aquatic ecology, lakes, streams, watersheds, and wetlands since 1986. In the past four years he has examined over 1,500 wetlands including more than 200 delineations under Wetland Conservation Act rules. He provides staff training, instructs wetland delineation courses, and provides team leadership for Svoboda Ecological Resources wetland delineation teams. Mark S. Kjolhaug - Wetlands Ecologist. Mark has a B.S. degree in natural resource management and an M.A. degree in wildlife ecology. He has worked for state agencies and universities on wildlife and wetlands related projects in the past. During the last two years he has conducted over 200 delineations using 1987 and 1989 federal manuals. He currently instructs wetland delineation courses and provides leadership for Svoboda Ecological Resources wetland delineation teams. Kenneth L. Powell - Wildlife/Wetland Ecologist. Ken has a B.S. degree in wildlife ecology and an M.S. degree in biology. He has worked for federal and state agencies in the past on projects involving wildlife and wetlands. He has been conducting wetland delineations and determinations with Svoboda Ecological Resources for the past year. He is currently a leader and member of Svoboda Ecological Resources wetland delineation teams. Anne E. Ludvik - Water Resources Specialist. Anne has a B.S. degree in environmental science and biology. She has extensive experience working with private and public agencies on water quality research and biomonitoring. In addition to her water quality work, she Svoboda Ecological Resources i4 Shakopee Crossings Hydrology Study provides technical field support for and is a member of the Svoboda Ecological Resources wetland delineation team. Michael S. DeRuyter - Soils Specialist. Mike has a B.S. degree in natural resources/ environmental studies with a strong emphasis in soil genesis and classification,including wetland soils identification. He is currently a member of the technical field support staff and wetland delineation team for Svoboda Ecological Resources John D. Overland -Invertebrate Biologist. John has a B.S. in biology and an M.S. in zoology. In the past he has worked with aquatic invertebrates in wetland ecosystems. He is currently a member of the technical support staff and wetland delineation team for Svoboda Ecological Resources Robert B. Janssen - Bird Specialist/Quality Control Manager. Bob is author of Birds in Minnesota and editor of The Loon (Minnesota Ornithology Journal) since 1959. He currently works on bird-related projects and provides quality control management for Svoboda Ecological Resources. Svoboda Ecological Resources 15 Shakopee Crossings Hydrology Study Figures a ( gYrASS Si ■ A IL • 1_� ■ : i.•4 T t ,i ` • -41101111.-- WEST BO'i LANES ems ,, l it -V.Agg_ '-'---', ..'"Iii- 1#10411011AP -1'.. r(4 .%‘/%.,A.,...: IThn. -• -.01 I; In 11 \ `� • •-,~,,sad>\�` tfok .,.. ..,.--_-... ../' ,.1 .' ot---..‘.41.6.--__W e,- ' '' NW !' • .1.-j" \) (" \ i .*4 •?. --____1 .___71,0 Ir) ', 13 el 51 • 2--- -712 . i 4-. \., I't.' •• "••- ...,__I . v ir i .'.,. "" ‘1 1 A \ \V" ,.A.I. ,..“ .,,k. I Ti 1 -(i--:-/...--( •), ,, -,r -.0- -• ..„..._ , . , . 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( r 4 k C ‘S-3 41frkkka, \ \ ___,.//i ,./i. , .T. 7' III "P )1 '7' '7" A \t".411,..4(11 A, 4 , (--\ A .\ ,- / ,,,, .-.. „ ,i 10,erthilii:41 4 ,,,. 1: (\ i ,..,‹.- .---fL----- '.. -,;.: ii, i,,,, . .1,,, 4i(11/411„ "v)it Cif) ,---- \ v •(,__________-_.\_5 ,., , , • .-----.....\ r ..... ..-,.- i ,itit--.,,,,,,k i , ,_2,r iliN „„,,irk ‘,10 ' Ipt .4 ....._. „,‘,:k,,,,, — I �_1 0 , 0/,, ,,, ,, ,_______.; •, ktN,, / ,, a T itie(t)4••." \ . .7'.7 Te'' '4N k\' tr # .,, . .- e33.1,9, ,i, cj, 4',.,, ,o._..._._.,.._ze/ .....‘ . ' , elldoi,1-ka.,\\ I.*? ( —.7 SI - *,,...N. .„i .::- ---_-=-____.--- ce, 4, - . it,i. (4 siti ., , , , • 41, ,\,.--, .... 4: . .‘1"Ifi i ”:.'' 1 4 I 1" 14kt.1'':1 ile.‘,7"Zik-ii. ''' '4)- -,_-_ __ .t'ileb,t tedh...mser„,,, iihkCYNlifilliod4 ',!, j...--...,G-,..4..---."..* v7... n,1... -,•• , N'SV.Is, ,....tr.:::: sji 111 n,. ,W • • �` / giV „/ oiii 1,11.„\i,-__) . ctt.,,,. • 1...0: .e . . .., . .... \. ..,11 .1-1 .4,„ .. ,.,_.: ,c ilf---, .-- ••• 41 ,\ks\,L, BASIN 1--._17.---'-----____.,„____-,• ��, / T' �• ,) , i r:Ici1°i;ii:lli�'i• r.. ' _ti) ` €;.i€; I;,I I::I iI ,II i,;.: ; : ;ai i,,i, II4 :,;•.� i`i;ll:•:, 0 125 250 500 .,!: t ! .!.It!•!.i.•••..•r., . �� '. JANUARY, 1999 WETLAND MAP . LEGEND SHAKOPEE CROSSING SHAKOPEE, MINNESOTA ii ii tI,;i1.li 11 1. • WETLANDiI€l(1..1.l:1.it1l•:ip11,l1 ID Io CO ) tA WILLIAM R. ENGELHARDT ASSOCIATES, INC. CO CONSULTING ENGINEERS m CHASKA, MINNESOTA 55318 FIGURE NO. PHOTO 1 -t - "'rte ;C• :.'v.•T•,.Y+ •'.i. . % � -.� Stormwater being .t • •.• . • pumped onto Basi n 15' � , '• .- r'" from nearbyroad ;se.. .r: .41 : •7T..1' 7°'•:;=';;;-7:;-': , construction area. This < • - • basin would not have • met the wetland ". + • '•,, < "- hydrology criterion 4 r " • under normal 1 , 4r ' -d-• conditions. ..-,.....;.1.4 .-T .•.;.••' .tom' ,7-i-4 „. •• } PHOTO 2 Close-up of the Y'- ' _ ;. stormwater outlet. ,: - �" a :,:•• •;y.� te- . •..• " r r - 1 1 - • • 4' II it ..;11 - •4. ". • f Al -• taiif4 s .9i. - PHOTO LOG Shakopee Crossings Hydrology Study Svoboda Ecological Resources Figure 2 SHAKOPEE Shakopee Comprehensive Plan 1995 COMMUNITY PRIDE SINCE 1857 Appendix 5 129 Holmes Street South• Shakopee,Minnesota• 55379-1351 • 612-445-3650 • FAX 612-445-6718 Shakopee Comprehensive Plan Surface Water 188 Volume III: Surface Water Introduction Flooding and erosion are threats to the safety of the residents and property in the City of Shakopee. Careful stormwater management practices on land within the City are necessary to control the severity and frequency of these damaging forces. Comprehensive Stormwater Management Plan In 1992, the Shakopee City Council authorized the preparation of a Comprehensive Stormwater Management Plan. This stormwater management plan was developed to provide the City with direction concerning the administration and implementation of all water resource management activities within Shakopee. The plan is intended to meet the requirements for a local watershed management plan as required by the Metropolitan Surface Water Management Act (Chapter 601 Laws of 1990)and be in conformance with the Board on Water and Soil Resources (BWSR)Rules Chapter 8410. In addition to being in conformance with the above state law, this plan has also been developed to meet the needs, requirements, and direction outlined in the following: 1. The Lower Minnesota River Watershed District Management Plan dated February 8, 1989. 2. The Prior Lake - Spring Lake Watershed Management Plan dated and approved May 22, 1991. 3. The Shakopee Basin Watershed Management Organization Plan dated 1991. .4. The Sand Creek Watershed Management Organization Plan dated 1988. 5. The Metropolitan Council Requirements for stormwater discharge to the Minnesota River. 6. The Jackson Township Stormwater Plan. 7. State Laws and Rules concerning wetland management as outlined in the Wetland Conservation Act of 1991. 8. State and Federal laws regarding the need to secure a national Pollutant Discharge Elimination System (NPDES) permit for stormwater outfalls to designated drainageways. 9. Applicable erosion control and soil loss guidelines that tare available through various County Soil and Water Conservations Districts(SWCD's), and the Minnesota Pollution Control Agency(MPCA). This plan outlined an approach that blends the approaches and direction provided in the programs and documents listed above into a unified approach that can be consistently applied across the City of Shakopee. To implement the Comprehensive Stormwater Management Plan, a coordinated water resource management approach was developed. This approach utilizes the services of staff personnel within the City of Shakopee and surrounding communities as well as staff 189 Shakopee Comprehensive Plan personnel associated with the various watershed districts and water management organizations having jurisdiction over areas within the City of Shakopee. The primary implementation responsibility will lie with the appropriate staff members at the City of Shakopee. Assistance from the surrounding municipalities and Water Management Organizations will also be expected. Stormwater System Analysis The City of Shakopee lies entirely within the drainage area of the Minnesota River. The river valley is made up of four general topographical areas: 1. The river margins which encompass the channel and adjoining wetlands at about elevation 700. This area is defined primarily by the 100-year floodplain and contains little development outside of the recreational and entertainment facilities offered by Valleyfair amusement park and Murphy's Landing historic village. 2. The area between the river and County Road 16 is known as the"Lower Valley". This region lies at approximately elevation 750 and includes the industrial and agricultural lands extending to the southeast of the urbanized center. 3. Above the "Lower Valley", at roughly elevation 800, lies another protion of the ancient river valley known as the"Upper Valley". This feature extends from the intersection of TH 169 and 41 west of town to the east along the southern edge of the developed area to the"Lower Valley". 4. Finally, the southern portion of the City is situated above the river on the Highlands, which are defined by the prominent bluff line that rises to an elevation of over 1000. These highlands contain many hills, lakes, and wetlands, and are distinct in character from the flat open lowlands previously described. Because the developed area of the City is situated on a slight plateau between the"Upper Valley" and the river, there have been fewer problems with flooding except for those areas along the northern fringe of Downtown. Most of the area below the bluff lies in the Lower Minnesota Watershed District, including all of the urbanized portion of the City, while the extreme southeast corner of the City lies in the Prior Lake-Spring Lake Watershed District. Portions of the City also exist in the Shakopee Basin Watershed and the Sand Creek Watershed. Virtually all of the City drains internally to the north through two major drainage basins-- the Mill Pond Basin, and the Dean Lake Basin. The Mill Pond Basin encompasses most of the area of anticipated growth from the current planning horizon. A study of this basin, prepared in 1989, recommended development of drainage improvements in the Upper Valley to accommodate storm water runoff. These improvements consist of combinations of an open channel and low-flow sewer to route the flow of storm water around the urban part of the City. This project,known as the Upper Valley Drainageway, has been constructed in phases concurrent with development and is nearing completion. 190 =Z Vl Ir Y 1 �p 0 m ro {Y�rSfiQ Lid. C V] �.i.� Z 5 I- w 0 4) CI) - < M Z 22.*?' i' 0 i Z Lli C7J or Srn W c m J a OQ V) L- CA U =U R 1 j.i __ —4-- Z --- — --- f j�.�plin 0, 1_, t c�� AA.,..� o➢ f_ �j C^ (p R W $ LA criW + /4111/Lwr:rilli.. � w( I3 w _LI. ..-: t q"-t..1� ..fir�:_ rt - U ` w l : , m /� ct . ) / y- CY Ce + U p ti O Altig m 5 Alti.V.Alr --- . o w p W ' II S4,1fr,._ m Y W = _ CY w to wLa i�OZ I- mi1Q e ! J H Q Z D m t i \V Iw- I- z - 2O(NI I m\ W 3 M v i4 Ate 'f —.el p f— I I wcocoow Y Q .. Q * m 1 J �'+►i/'— Y / �m Mp i to to v~i U a cn y ' d' m 0 1 14 u ill J 0 fX CID I I i O + m :. mf W 'II Y n ' + i 11 p ; ) * • �/ .� - m * W in + + r m �, m L — �m 9 ra, .5 cr, 1 i i i • Li i l7.1 _. .W m . :.5 Illirl - lit -- -1-1 . ir .: . , + i p p m , ____ _ iutr � 1/m , p m oppi/ t ✓ J I ___ __ ,.... Y g% / 1 o I J CO IL 1m z 1(:\ilLogqi) _-ffrAfor/liclit rtm 1 1 1 .ci. + Ng a 1 i\\\r/C42. i iff4 II 7) ..*- A i 1111W,,.. 44111 ,lr-_: 4,„! 1 i\--^°• Wag& .tr? ,3:711—:.7 re 12 •... 4114 AO 0 irt? .4. .1k). ! . .- PIPI 4 /--. ----\r. \MI- :"C",. &.,,..; 4111111 m / • . R " 8:44fir ' • LI o Lir Wi 1.4'0 x pa "� m 0 • nn�, .. • `. 11 W ' Y 4e-:.11-11-' 'O i y®ni LA�� i 4'1 _ + V7 a 1- =tji D' pp41 \VAICiq16:1 OD�® ��f---1 - - Ilia IMO z M I a: r Mir i 4 ) , (...) ,r, ci Iv i _.,1:30100Cni i m . / vs, 119-31301C1 i Si 1-1103160C1- ."I Illrillif id VI wv _� ~ u- W ern®qddi � ,� : M a \ ttalTHEEPraVi Vr _ -.) •cr � ' . N / �1 u 1c �� ow Imo 1.7Iiiil. FL • I • i z III.iIinav ElliiLliii II�.T /III-IS it.s23i. tilIII1.11$1/fi�Raia.'{...MIA�� i..?31i�s.17.3�7ISt..2l1MIII$ t• 1 r A% \ �'� I x o it!aaxi83?iii.313141i?i21�11ix?iiaiss4a8dasidliiixaaii•ii�E2i4�asSdial;< 1411ia;aaasi2:33aillaiii39a i www U �� o /aa .v„_.;iixass:s. ss siusl.. ;S3 -- l-xaf.:!„ssFs.a42.,..sxRita61:;rssssasst__..,,Ra.s--.iia3s2a9 of i' 0 l i tMmmgi91t619sl3ilisailitsily3.:ttAiMaiiiiisnsipsiii3tl°t_iPPAytIAIR?s113:14,:ili'-istillsi«sgii g 11 3133:3311995535l999599ii555a9iiiiiii555555559iksiiiiiiiitifilliiiIIIIIIIIIIiieleeiialiaHieill _O Ali s Volume HI: Surface Water Stormwater Management Physical Plan The surface water drainage system for the city is shown on Figure 31. Major drainage basins and potential detention facilities are also depicted. The City of Shakopee contains six distinct watersheds. The Mill Pond Watershed receives stormwater run-off from western Shakopee and from eastern Jackson Township. This watershed drains approximately 8400 acres of stormwater run-off of which an estimated 4200 acres drains to the City of Shakopee from Jackson Township. This watershed carries water from the south to the north discharge into the Minnesota River. The Blue Lake Watershed receives stormwater run-off from the eastern two-thirds of Shakopee and from portions of Prior Lake Township. This watershed carries water form the south to the north through Dean's Lake ouletting into Blue Lake which discharges to the Minnesota River. The Sand Creek Watershed receives water from several municipalities and townships. Shakopee contributes approximately 1000 acres to the Sand Creek Watershed. This watershed carries water from southern Shakopee to the northwest into the Minnesota River. The very eastern edge of Shakopee which borders the City of Savage, is drained by three separate watersheds. The first watershed directs water northeasterly through the intersection of T.H. 101 and County Road 89 then flows to the east into Rice Lake. This watershed is denoted as RL 1 or Rice Lake 1. This watershed consist of 484 acres and is drained as part of the T.H. 101 bypass drainage system. The second watershed directs water easterly to Eagle Creek in the City of Savage. These subwatersheds are noted at EC 1w through EC 9. The third watershed directs water south into Prior Lake. This watershed is noted as PL 1 or Prior Lake 1. All areas within the City of Shakopee have been hydraulically modeled using a TR-20 based hydrologic model. As part of this modeling effort, watershed areas were delineated, existing and proposed stormwater retention and treatment facilities were defined, and a hydrologic/hydraulic analysis was performed to quantify the 1-year and 100-year peak discharge rates, storage requirements, and other pertinent hydrologic/hydraulic information for the stormwater retention areas and trunk conveyance systems within the City. The results of the modeling effort are intended to provide a general direction for managing stormwater on an area basis and are included in Appendix E in the Comprehensive Stormwater Management Plan. The hydraulic modeling effort was completed in compliance with the Sand Creek and Shakopee Basin Watershed Management Plans, as well as, the Lower Minnesota River Watershed District Plan. The City of Shakopee intends to manage stormwater with the following criteria: 191 Shakopee Comprehensive Plan 1. The peak rate of stormwater run-off entering the City of Shakopee from Jackson- Township was limited to either the discharge rate noted in the Jackson Township development guide plan or the average daily discharge from a 10-day 100-year run-off event, whichever was greater. 2. The peak discharge rate from subwatersheds within the City were limited to at least 1/3 cfs per contributing acre of drainage area. 3. Stormwater storage was provided to accommodate the run-off generated from a 100- year 24-hour storm event above the retention outlet elevation, while allowing a peak discharge rate of no greater than 1/3 cfs per acre of contributing drainage area. 4. Discharge rates were limited to the average daily run-off rate of a 10-day 100-year run-off event where adequate storage was available in the form of natural wetlands and depressions to store such an event. 5. Storage was modeled as off-line storage. Off-line storage is defined as ponds which store and treat stormwater run-off prior to discharging into main conveyance systems. The modeled retention ponds were a total of 8 feet in depth with 4 feet of depth below the invert of the outlet and 4 feet of allowable bounce above the outlet in a 24-hour 100-year storm event. 6. In-line storage was utilized only where large natural retention areas were available or where storage has been noted within the mainline ditch and South Canterbury systems. Further information on the design and modeling of the City's stormwater systems can be found in the Comprehensive Stormwater Management Plan. Through the stormwater management planning effort, the City of Shakopee will apply nationwide Urban Run-off Program (NURP) Standards for the design of new stormwater management ponds and the use of the Minnesota Pollution Control Agency's best management practices (BMP) for all new developments in Shakopee to reduce non-point source pollution associated with stormwater run-off. The City of Shakopee will adopt standards and requirements from the Stormwater Management by reference and will adopt the appropriate land use controls, including the updating of the City's Shoreland regulations to be consistent with the regulations developed by the DNR, to implement Federal and State policies on water quality. This Stormwater Management Plan represents the City's primary action for obtaining the 40 percent reduction of non-point pollution in the Minnesota River. An assessment of existing and potential water resource related problems have been identified in the Comprehensive Stormwater Management Plan. The plan includes an Implementation Program which is intended to be used as a guide by the City in establishing priorities for the stormwater projects. Please refer to the Comprehensive Stormwater Management Plan for further information. 192 02:3 "tut in East Dean Lake EAW 4/24/97 20 The wastewater generated by the East Dean Lake residential area identified to be developed will be treated by the Blue Lake Wastewater Treatment Plant. The wastewater will be conveyed by the existing Prior Lake interceptor, which is located along the west side of the proposed development and it is intended to serve a portion of the development. The entire East Dean Lake(EDL)residential development area is within the current MUSA boundary. C:1:3 In accordance with the City of Shakopee Comprehensive Sanitary Sewer Plan(Comp Plan),approximately two-thirds of the EDL area is planned to be served by the Prior Lake Interceptor. Approximately one-third of the EDL area is planned to be served to the northeast, through xtension(s)of the East Industrial trunk sewer as identified on -� CErgut ...._e0 ched. The entire EDL residential development area consists of approximately 500 acres and 850 residential lots,which will generate an approximate average daily flow of 233,000 gallons per day(GPD)which is based on 274 GPD per residence. Approximately one- third(78,000 GPD)of this average daily flow was not planned to be conveyed by the .�•+-' Prior Lake interceptor, as previously indicated. The 78,000 GPD average daily flow would correlate to a peak flow of approximately 140,400 GPD in relation to the Prior Lake interceptor, by utilizing a peaking factor of 1.8, which is based upon the actual flow in the Prior Lake interceptor at this location in accordance with the Comp Plan. The peak flow of 140,400 GPD (0.14 MGD)is equivalent to 0.22 CFS. The 233,000 GPD average •••..� daily flow for the entire EDL area would correlate to a peak flow of approximately 885,400 GPD by utilizing a peaking factor of 3.8,which is based upon the MCES peaking factor for flows between 0.19 MGD and 0.23 MGD. The entire area peak flow of 885,400 GPD (0.86 MGD)is equivalent to L4 CFS. Approximately one-half of the EDL residential,area will be served through the construction of a new trunk sanitary sewer line called the East Dean Lake(EDL)trunk sanitary sewer line. The remaining portion of the EDL residential area will be directly connected to the Prior Lake interceptor as originally proposed with the Shakopee Sanitary -'" Sewer Comprehensive Plan. The connection of the proposed EDL trunk line to the Prior Lake interceptor would be completed in the northwest corner of the East Dean Lake development area. The Prior Lake interceptor capacity increases significantly at that location from an increased pipe size. Due to the significant increase in capacity of the Prior Lake interceptor at the location of the proposed EDL trunk line connection,the addition of the proposed 0.22 CFS peak flow from the area development appears to be negligible. At the point of connection of the EDL trunk line to the Prior Lake interceptor,the Comp Plan identifies an approximate excess capacity of 6.7 CFS. As a result,the incorporation of additional service area into the Prior Lake interceptor,through the EDL trunk line was investigated as part of this analysis. Specifically,the commercial/residential area to the Appendix 6 3 3 ' East Dean Lake EAW 4/24/97 21 east of the EDL residential area was incorporated. Consequently,the EDL trunk line has ? been up sized to accommodate this additional area,which will afford the City the 3 opportunity to develop this property,without extending the future City East Industrial trunk sewer, and without negative impacts on the Prior Lake interceptor. 3 With the incorporation of the additional service area,the planned service area for the 3 proposed EDL trunk sanitary sewer line is identified on the attached drawing(see Figure ' 9). This drawing illustrates the Comp Plan district boundaries,existing trunk sewer lines, and proposed trunk sewer lines. The proposed EDL trunk sanitary sewer line is designed 3 to serve a total of approximately 900 acres of residential and commercial property. Approximately 725 acres of the total area was planned to be served by future extensions i of the Shakopee East Industrial trunk sewer. Based on the potential land use of the area, ' the resulting average daily flow generated is.estimated at 0.93 MGD, as illustrated in the following table. 2 East Dean Lake Trunk Sanitary Sewer - Projected Flows Area Future Land Average Flow ) .,...,.:,,,,—,.,,,,,-:.:.-:------r---------:.` Sudistriccres 1€ote D'se 0I)) 11 SE-K 138 1,3 SFR/HC 0.16 SE-J 486 1,3 SFR/HC 0.56 I SE-I 103 1,3 RR 0.08 • SE-C 60 2 • SFR 0.05 ID SE-B 30 2 SFR 0.02 a SE-A 80 2 SFR 0.06 a TOTAL • 897 0.93 a Notes: 1. Areas per Comp Plan: 2. Approximate Areas. a 3. Comprises 725 acres being added to the Prior Lake Interceptor. a a The EDL trunk sanitary line is proposed as a 21-inch diameter pipe. This pipe is designed to accommodate the areas shown on Figure 9,as outlined above. Service.to the • 3 commercial property in the vicinity of and east of County Road 18 will require a lift ? • station to access the EDL trunk line. A centralized collection point was assumed for sizing purposes,and actual flow inputs will occur along the entire length of the EDL - I trunk line. As a result,pipe size(s)may be reduced at upstream portions of the service area. The necessary pipe capacity was determined as follows: a a 3 _____,...........mmut eimw..........-- II /II ;•:.1 --*•*I ;;4,-;•_;\c5 rztlot•-: . g ,t•e. f ., . . . ....,e..- ..,::-:•WAte, tie-'''-.'' '',, •Art‘.?:,.,7'." TRr" •. t PI N T, t I 1 0-0 1/.. / .//'' A..)0; 17-1NAL IN TERCEP TOR I I / 1- osAsKA-..k aROT.IcrST IN. s. -, . ',.. , 7. .. -7:4_,.,-7.u--, .:11 /./ i `g N. .... '"'"." I' 00.. .' .',,Z-..., , ".''''''''s{. RS!,,,,. ''!•s-ss 4 1,\,,.. TD-9 i 0 ....re-7-- .... 1.- ......• 1 \DC. ) It .-,41.,_ `... --.... t•-v. ;4. R 736.0 (•` .. 'N . . 0. r- .'"'' --.44.L.P2S.0 .1 ...„,.. -OST• INGUSTR I / 1 b -.A.)1" "*4 ,.- , R Nis ir:•-•,\- NI)ciSTRIAl.. , 72z4, 1 1....t.. \ _ i . \'MINX, SEWER ie 10--* '• N VI°Me-'1 :11-6 / -.., (17. 1:4 -74..5.c..\ 4 .1022.) ..-.,‘'• .4. i \ / - : (I) 40--*-- _._.,.._. --/ . r- , -........ N., .., ...-- . 5- - '.. ., ...`-k_ , • .- I - ‘.... . ,..../..., -.40k, zr,., .. - --- / ' '.. $1,14 -- Oa I34ER .P w' Nt....- sir- ,- ... : k I t4s--44„; ;'. .f.. -NI ."--.. ,/ fl,'1 ••,.'s SE-4 ,. .,-•". l ?'... 'IA - r? , ' ,••-7..'Y:-, ::-.0! ; - '—.••• , .!:.,PRIOT1 CAT,T '''''' . .. ".i I ---t- ; .,,..tr =1: " . --k....,...,s_ c., ......" "i' ,M i - : ... 1 "---'.-.4.-- •S: qt-•7119.1 '8 I:N*4:3 1 6-",*it ft 780Att St.-= °,16 *. - ' 4....... .' '' • (-,- -.....•, .t.738.4__ /Ts ._ . ,,,, .*,z--,1 no.7 --L.;.1 SE-F SEE Ikt32 .4, 4 ....., .........— .41,-., 7 _ ...1.,,,.,..,..„,. ....,. %.t.d.f i ..., X"CIA16.1160 1 1 .,,,,,,,..z...,.,,,:j.......................... i *....„ . ..,.........e,L^.„.:..i..'i • ,„.. .: ...L... — - 40, IP— —,-... , (,!.5) :;f:'. .... SI:A kLiD I; N.---7 •...-..- 1 Lf.....2.-..'i.' ".42 .., .....,,..._4•t ms,.., ..120.r-3 ,117t4-1.! • g eafs.'",ft +demo gram --I 4 ., / r se-iii ".-1 7' v- L •1111/1.1, ••••••••• ....1 ., , I .. r..., i ."'"‘•. LEGEND POR LAKE ... nfTERCEPTOR . 2IFENIIII•onwirmgmes MUSA BOUNDARY(EAST DEAN LAKE DEVELOPMENT AREA -................-- PROPOSED EAST DEAN LAKE(EDL)-TRUNK SEWER swommilminem..: SERVICE AREA FOR EDL TRUNK SEWER 1 ( AREA ADDED TO PRIOR LAKE INTERCEPTER • CITY OF SI-4,61K0f3EE PROPOSED SERVICE AREA EAST DEAN LAKE TRUNK SEWER 117411110.080101111111124 s. ,.. ... .• *.. CA 1 East Dean Lake EAW 4/24/97 24• = Peak Flow= 0.93 MGD x 3.2 Peaking Factor=2.98.MGD,which requires a 21-inch diameter at minimum slope (0.10%) : capacity=3.2 MGD. The peaking factor of 3.2. was utilized based upon the MCES factor for average flows between 0.8 MGD and 0.99 MGD. Based on the capacity of the Prior Lake interceptor, as identified in the Comp PIan,the additional flow from the 725 acres added to the Prior Lake interceptor will not cause the ) existing pipe capacity to be exceeded. Similarly,the effects on the segment of the Shakopee interceptor that will be subjected to this additional flow wilI also be negligible. ) A summary of the peak flows identified in the Comp Plan and the additional flows proposed with this development is as follows: f ) pe Comp Plan *F�al�PI4��itl� Cap Prior Lake Interceptor Node 13 to Node 11 60.06 53.31 55.5± Node 11 to Node 10 60.06 53.94 56.1± Shakopee Interceptor ! Node 10 to Node 8 -- 64.67 66.9± ! Node 8 to Node 2 -- 64.74 66.9± Node 2 to Node 1 -- 65.15 67.4± ! *Peak flow of 2.2 CFS generated by the addition of this area utilizing a peaking factor of 1.8 based upon actual flow in Prior Lake Interceptor at this location,in accordance with Comp Plan. (0.8 MGD x 1.8= 1.44 MGD=2.2 CFS). In summary,the EDL residential area and adjacent areas to the east will be served by the 1 Prior Lake interceptor,either through direct connection(s)to the interceptor-or through the proposed EDL trunk line. The EDL trunk line has been oversized to accommodate the additional service area to the east of the EDL area as previously discussed. As such, 1 the EDL trunk line will afford the City an opportunity to develop additional property in the vicinity without the immediate extension of the East Industrial trunk sewer. c. If wastes-will be discharged into a sewer system or pretreatment system, identify the system and discuss the ability of the system to accept the volume and composition of the wastes. Identify any improvements which will be necessary. II g , c I o A .� 3 Z I T:: �,. W W r. '). 4%.11 (4>iii cz9 .".4 11:14 fl-4 :,y„.. .H. 18 y 14"."-87106; . . 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Pomo ilk v . �‘ - ' oQo I ,..„ .„.....,„„„„m �' . ©I ! i ipisillkak( o Its..... �� ♦ a +• 4. 3."' .-- ® ta...../..Nlikw 1 I I / 1 14.41.frilir *# - - - - - - -I MEW 4.7211, a.2 i, 614 I I 1 1 / arriall So 1-LI EX I mmilliCal � � Q o3iI QWV) v O/ 81181, I 0 icoc:ii.5- 1 Wil rialf, 0 • I ': QwJ Q Ycg a C / I I i1110Vi. � � Z CL J IEsaaF w a a n 41\ D , a •► a • • r • • 1111 • 0 w • . M► 6 116 0 0 • il 0 0 0 • lb w l 11111 III . . • SURFACE WATER RUNOFF: The following discussion of surface water quality and quantity is for the areas shown on attached figure 1. Storm water ponds have been designed to both manage water quality and control rate for this project. Surface Water Quality All wet basins will be designed using the Walker Method. Table 1 shows the estimated proposed and existing water quality parameters for the project based on the land in its current open/vacant state and proposed development utilizing NURP ponds. Table 1: Estimated Pollutant Concentrations for Existing and Proposed Conditions(mg/l) Pollutant Proposed Proposed Proposed Existing Residential Mixed Commercial COD 8-41 7-37 6-30 51 TSS 4-12 3-11 4-13 216 Pb 0.01-0.04 0.01-0.04 0.01-0.03 0.054 Zn 0.04-0.11 0.04-0.11 0.07-0.20 0.23 TKN 1.41-1.88 0.86-1.15 0.84-1.12 1.36 N/N 0.19-0.38 0.13-0.27 0.13-0.25 0.73 Total P 0.14-0.28 0.10-0.20 0.07-0.14 0.23 Soluble P 0.05-0.10 0.02-0.04 0.03-0.06 0.06 Note: The existing site was at one time utilized as agricultural land. COD: Chemical Oxygen Demand, TSS: Total Suspended Solids,Pb: Lead, Zn: Zinc, TKN: Total Kjeldahl Nitrogen, N/N: Nitrate Nitrogen, Total P: Total Phosphorus, Soluble P: Soluble Phosphorus Based on utilization of NURP ponds it is expected that only a minor increase in TKN(<0.52)will occur from existing to developed residential condition. It is possible that a minor increase in Total(<0.05) and Soluble P(<0.04)may also occur in the developed residential condition. No increase in pollutant concentrations is expected for mixed use or commercial use areas. Overall surface runoff water quality will be improved with only minor increases expected in select pollutants. Appendix.7 Table 2 shows the estimated NURPand requirements for the individual drainage areas P q and the total proposed wet volume. Table 2: Proposed NURP Wet Volume Area-Pond Required N[JRP Proposed NURP Volume(acre-ft) Volume(acre-ft) 1-A 7.7 31.2 1-B 6.0 1.0 1-C 2.5 0.7 Total Area 1 16.2 32.9 2-A,B 9.2 6.2 2-C 1.0 2.1 2-D 4.0 4.8 2-E 3.0 Total Area 2 14.2 16.1 3-A 2.0 2.0 4-A 5.3 5.3 5-A 3.0 3.0 Project Total 40.7 59.3 The proposed project will exceed NURP wet volume requirements. Surface Water Quantity The City of Shakopee has placed several surface water discharge rate restrictions on the site. These include: a) The maximum allowable 100 year peak discharge from Area 1 Pond B to the Maras Street storm sewer is 2.0 cfs. b) The maximum allowable 100 year peak discharge from Area 2 to MN/Dot ponds is 70 cfs. c) All other areas shall have maximum allowable 100 year peak discharge rates of 0.33 cfs/acre or less. The conversion of vacant land to developed commercial and residential land will result in an increase in runoff volumes. This increase in volumes is managed by detention ponds to achieve the peak discharge rates. Table 3 shows the existing and proposed 100 year runoff volumes. Table 3: Existing and Proposed 100 Year Runoff Volumes(acre-ft) Area-Subarea Existing 100 Year Proposed 100 Year Volume(acre-ft) Volume(acre-ft) 1-A 7.3 18.7 1-B 5.2 14.1 1-C 3.4 7.3 Total Area 1 15.9 40.1 2-A 5.4 11.6 2-B 5.7 13.6 2-C 1.1 2.7 2-D 4.4 10.4 Total Area 2 16.6 38.3 3-A 3.2 6.4 4-A 8.5 16.8 5-A 3.6 8.2 Project Total 47.8 109.8 Table 4 shows the estimated existing and proposed peak discharge rates. Table 4: Existing and Proposed 100 Year Peak Discharge Rates(cfs) Area-Pond Existing 100 Year Proposed 100 Year Q(cfs) Q(cfs) 1-A 2.0 1-B 32.5 1-C 2.6 Total Area 1* 93.0 2.0 2-A,B 2-C 2-D 2-E Total Area 2** 97.0 70.0 3-A 28.0 7.3 4-A 74.0 19.1 5-A 32.0 8.2 Project Total 324.0 106.7 *This will discharge to Maras Street **These areas are part of the overall City of Shakopee outlet system to MN/DOT ponds. The existing site runoff discharges in many overland directions. For this reason existing peak discharge rates are peak runoff rates. The proposed rates are for specific pond discharge points. The proposed rates meet City of Shakopee requirements. Table 5 shows the dynamic pond volumes required to meet the rate control requirements in each area. Table 5: Proposed Dynamic Storage Volume(acre-ft) Area-Pond Required Dynamic Proposed Dynamic Volume(acre-ft) Volume(acre-ft) 1-A 35.3 35.3 1-B 6.3 6.3 1-C 5.0 5.0 Total Area 1 46.6 46.6 2-A,B 22.2 12.3 2-C 6.5 2-D 8.5 8.6 2-E 4.4 Total Area 2 30.7 31.8 3-A 3.5 3.5 4-A 9.0 9.0 5-A 4.7 4.7 Project Total 47.9 . 49.0 The proposed dynamic storage volume exceeds the required dynamic storage volume to meet the rate control requirements. Summary The proposed project will construct several stormwater ponds. The proposed ponds will be designed to meet NURP standards and to retain stormwater as required by discharge limits. The project will meet ponding and discharge requirements. 4 n‘..k.%' Ps TNa Vi .. _( B fpASS � „ 1 --egkNpS N jN p L sBAKOPEE HWY NO. 3 1 _.---...% S�SN BSN OM STATE _fR 7N� NES "_TO STAE ii:...7."-:. plA kg `'�`_ }' WEST BOUN - .+.+ Poriq -= EAST BOUNp IA.NES.._------ .. . . .. - �›,: I / l \ VENUE PARKJ / P2420CresP0 w __. P 1.24 obrsp. i 1�:., "fit.p1 w,rr ;yi I' -H H ,-- ,__. .... ! 1H ;;;, 1 _ _ 4 14 yiji :r 2 t RETAIL �' H I -I ra - i i 4 1 z.l sae* ` t..-_I 1 ...7.-1 ■1111■ T P - F a / i22 num ■1111■' r - 3 F-- =u skim A• d TAIL CENTER ._ 5 . ILZ.r,Lersos ' F_-. -._.-_.1 PROVEMENTI I MEMIlliilai _= ■1111■ 3048odes RETAIL (HOTEL/RET ��m• __ l T-, - 2.6 acres 2.13 ocres . r s'��J•l.n r'1 • __ i' .� • 'P D.07 4ar0! e9; t_._l f� _ �� MI_ 1 . I 1 --i 1 e ,-.�._ -.._-I ■•� 111 ■ AR R AIL �B / , 1.6 °area ` \ - � ---i - : V �► i 2D P 0.5b aye! a- ' - AREA 1 A -_� ::::" 6 \ENE 'Ilk --1■ / •A S1.2 `r _ / ` 1.21 acres 0 ! REv„..., r MI ■1111■ ?'+ I 2.6s Outlet MINI �� �/ . P o.7t R �'� '�-____ , r RE TALL `' Z % � �2 S acro* f. PARK POND E ,, ii �`/,�.1 3.7 acres/ p 8 � HIGHWirl COMMERCIALp°nd , \ a- 78 ares POND A �, ` I 1 P 1.12 acres : - <� 5 _-_�^ ` ,NSP CA.CMfNi 1. "-� it- kg co 1 II ill III lel* 'P11141: yr ,/ 8 COMMUNITY , RETAIL It.. THEATRES _1 P 7 ,, 4 , x 7.7 ares 18.22 acres AREA 1 A ' P1IBacres r, ZW/ ),/ 0 i /AREA Ce,' - o � Off/ �'• �� r, P°pG .x1\ // / t%, , / CO NGAL SERVICES ,�,y'y ' �� p_____ 1 ' - , ' ' 8.87°ares X �<vU u ',� �` ' �_' I�~ ' P 1.74 acres ;ly la .{ ,RETAIL �'/ HIGHWAY pj y ,.'J� i l7- 1 I SU 7.15 acres ,:� acres / :_______.._ .t•"IL_ Q ` i., , G P 0.75 ocrea r_"��') " ~ ,I Q.,C• MUNITY RETAIL fy A P 1 acres t ¢ `��h>`/�BLUCK ° i ` '.0 au es - `� /1 .'d // 4• ' / A i/!< `I Q Q` cF, % / / MALsERVICEs L� L- 1• / 3.11 acre! I. / ! 0.44 aces 5 1 "i = -',.: ••1::�a °2 AREA 7 • 4.. /�/ /i' /2 .` `� 12 9y / / / 'COMM'COMICIAL SERVICES I BOLING SPRINGS LANE r ��� O f, kyr �,,;; / SERVICE RETAIL / // 3'� r) 26 °crus /\. e //�� _ ' 7.0 acres . / }' HIGHWAY OMMERCIAL 1 0-64 acres V `7 _- �,' 'l ��C / s acres1 El \,`��� '� AREA 6 . , `� .. .,', P 1.‘acre. , AREA 2 ��-i--.... ....---•., � `7 POND 13 ; ��� \ 16 o /� A MULTIPLE FAMIL V' . �. \\ - / ` COMM CIAL SERVICES - r / 1 \ s y 7.2 acres ,.,,PQ;; 3 acres I _ / ➢ ‘ e V / ''''.i 9 4 �1 P 7 acres 1 �- �_ / MLOM\0 1, // HIGMWAl 4.N.WERCIAL \ / / NEIGHBORHOOD 9 ,O\ S, PSc 2 acres /I COMMERCIAL 29 \ ! 27 � _-- 4.36 acres , . .. _ � - � "� i � P 1.18 acren PARK -' AREA 3 PARK 3.54° -� / 8.2 acres 28 31 35 RETAIL N MULTIPLE FAMILY /r PARE t --2------,,, 2.15 acres V 6.6 sues ��7.15 ocrea O -- -----� I11 0 D s3 \70mir i NGLE ILY 10 4. ' 2 AREA 4 `� �' (� 36 #\3\ ��itMULTIPLE FAMILYr � I 13.57 acres .,F 4 (( -� 17 -q lz ploIVA s \ SINGLE °. 6 111116', :Y"T. f •1 `` 1SP 8. °.es_ 4 ?f { { a .� t $ r ••rrS 14 16 1, 17 .mmmm •i 33 --- 25 '!s!i._ a �� -'',':/?-1.''''''-'01:',, 3' PARK 26 12 y t h' 4.2 acres 3 114ID ^ ^Tsi x r24 aI0 125 25U 5001 e - .,f .„„1$0.4,‘ .:,.\ a( '?,' JAI'IiJAk), 199' LEGEND EXISTING STORM SEWER PROPOSED . a PROPOSED STORM SEWER STORM DRAINAGE SYSTEM ,. ; EXISTING STORM SEWER RETENTION POND SHAKOPEE CROSSING ,c,. >,•-, PROPOSED STORM SEWER RETENTION POND SHAKOPEE, MINNESOTA 0 ---__I - EXISTING CAPPED LANDFILLS 031 -4 W WILLIAM R. ENGELHARDT ASSOCIATES, INC. D CONSULTING ENGINEERS CHASKA, MINNESOTA 55318 FIGURE NO. -/ ADDITIONAL PHASE 1 ARCHAEOLOGICAL SURVEY FOR THE SHAKOPEE CROSSINGS DEVELOPMENT SHAKOPEE, SCOTT COUNTY,MINNESOTA SHPO File No. 97-3177 The 106 Group Project No. 97-26 Submitted to: Steven D. Soltau Shakopee Crossings LP 3601 Minnesota Drive, Suite 880 Edina,MN 55435 Submitted by: The 106 Group Ltd. The Dacotah Building 370 Selby Avenue St. Paul,MN 55102 Principal Investigator and Report Author: Elizabeth J.Abel May 1998 Appendix 8 Shakopee Crossings Development Additional Phase I Archaeological Survey Page i TABLE OF CONTENTS Table Of Contents i List Of Figures i 1.0 Introduction 1 2.0 Environmental Setting 3 3.0 Objective And Methods 3 4.0 Results And Recommendations 4 References 4 LIST OF FIGURES Figure 1. Project Location 2 Shakopee Crossings Development Additional Phase I Archeological Survey Page 1 1.0 INTRODUCTION The 106 Group Ltd. conducted a Phase I archaeological reconnaissance survey of approximately 315 acres of the Shakopee Crossings Development in Shakopee, Scott County, Minnesota, on May 20, 1998 (Figure 1). The investigation was carried out for a consortium of property owners, including: Valley Green Business Park Limited Partnership, Shakopee Crossings LP, and The Minneapolis Foundation. The owners are proposing commercial and multi-family residential development on the property. During November 1997, The 106 Group Ltd. completed a Phase I archaeological survey of approximately 550 acres of the Shakopee Crossings Development to assist the completion of an EAW. This portion of the project will entail construction of approximately 850 residential units. The 1997 survey identified no archaeological sites within the project area, and recommended no further archaeological investigation. The EAW process has been completed for the originally proposed development area. The current survey was undertaken to assist in the completion of an AUAR for the additional 315 acres of proposed development. Because the project area is located on private property, a state archaeological license was not required for the archaeological investigation. The development and archaeological survey area for the present project is located in the EV2 of the SE'/4 of Section 11,the WV2-SW'/4 of Section 12,the NW—NW'/4 of Section 13, and the NE-NE'/4 of Section 14, and covers approximately 315 acres. The area of potential effect of the project is defined as being coterminous with the defined survey area. The archival-documentary research and archaeological field survey, which included a visual reconnaissance of the area of potential effect, did not identify archaeological/heritage sites within the project area. No portion of the survey area was assessed as having a moderate or better potential for containing unidentified archaeological resources of potential historical significance. This report recommends that no further archaeological investigation is warranted within the limits of the proposed project area. ; 1p ; ' 4,-,.., -.....-- - ,‘-vik . .,...., ..: ......._. ��/ ~ ,F �` moi{ `: ■ ', ys �. F M 4 'it - ../ Sr.Y t p„, ,.... . _—... . ..„..... -,4-, t!,T.;,:vt„,„ .. _ 4. „..,,, . s _ . „ ...... _- ...,_ _ IPli'll'''. .-:: . .."..:,,,r.*,.,,, .,:.„ '',\\0:\ _....._ , : 7,i•, \ ,_... i . _ . „.., , ., .. — -. . , .„ r : _ .4. :. ,. ,., , ,. .„ .. . ".............,„ ,,,,,,„, IL*, --.4, ' - 7.1 •g, :.., n..„ 1 . • -,.." -• Vii, ---•••.-,--' T.‘, ,..., ,,,,: _.......2....::2,-?.21._ ,I..,ii,.,...cr;:c.73, r?,.:::11,2-.....,:,,,,,r-14. ,,, , 'tee 1 4...c==. --- - -_,M •s _ _ .. t' *N .� _.__ � _._ �... - '*1 to a; ''•\ ''s ir-110 30 4'""'ria , % i \ c,.. b ..„, , ,, r.,,,,, %11141 iii, ...., ,,...0,,, ...........c.J „, , . lot- \ • ---, \ \ Alt ... ,..2 „ r , , tbs..., 444 ,.' e :‘,;:.,, ...,'_., 4 ,.., ii,„ , ),. . ,....,__ _ ),.... , ,.....,0, , . , , (--,- --- --,,, , ., ....._,) __ . -... „....„._ cif)---;-1,._-,D ) (...) -. - -,,,I\J v-.$141+, 11,-` ‘. -/-„•:\ ,- . s f-A ip w- ci.,‘ c,,-,... L-.5 I 750-- :., / a 1 .. -- '1997 SurveyArea � iL - . Qom ..„c-7__\,r.`..Q-5"O.S_.,e-,."..:','___r_--(".-C; ` Present Survey Area ` -: ; ' . -ir s. 1 --) ) r kirrsitx 1.117 ,..._`—,, il,, •r - -4, oc,\..._. ,, R )..."fit ' t.r4.... --\':-, r , i. ' : . ,-."6."---...-........ 1300., t;; : r -- Ø of . i_ .. r� 1 _ It i it' ,. . ,\,.......r1r, ' 1 or 0 s—. —.1 l r,p` VT � `i'4. - _ '}_ 1 rt ° ,_v � , i 'ae a �,. �'- v oo ..\ - _ iii' Source: USGS Quadrangle 7.5 minutes series, Eden Prairie, Minnesota, 1967 (1972, 1980). SOUTHBRIDGE DEVELOPMENT PROJECT LOCATION ADDITIONAL PHASE I ARCHAEOLOGICAL SURVEY N SHAKOPEE, SCOTT COUNTY, MINNESOTAIr wE s . 4 MILE 1000 0 1000 2000 3000 4000 5000 6000 7000 FEET ��rO fie 106 Group Ltd. Figure 1 Shakopee Crossings Development Additional Phase I Archeological Survey Page 3 2.0 ENVIRONMENTAL SETTING The Shakopee Crossings Development is located in the northeastern part of Scott County, and is characterized by nearly level to rolling landscapes. The geology of Scott County was influenced by the Mankato stage of Late Wisconsin glaciation, which deposited a light yellowish-brown or light olive-brown,calcareous,moderately fine textured material. The survey area is on an outwash terrace formed by the glacial river Warren. Currently the area is mostly level and is partly wooded and partly meadow land, although the present survey area consists of low-lying land and storm drainage ponds. Some of the project area has been previously cultivated and much of the area is utilized as pasture or is fallow. The majority of the project area is composed of two types of Zimmerman soils: fine sand, 2 to 6 percent slopes (ZaB); and fine sand, 6 to 12 percent slopes, slightly to moderately eroded (ZaC2). These soils were formed from glacial outwash sand, are light colored, and are well drained and subject to severe drought. The project is also mantled by Isanti fme sandy loam. This soil type was formed by glacial outwash, is level to depressional,and can be slow to drain. 3.0 OBJECTIVE AND METHODS The objective of the archaeological survey was to determine if there are archaeological sites within the additional Shakopee Crossings parcel that are potentially eligible for listing on the National Register of Historic Places. Before undertaking the archaeological fieldwork, staff members reviewed the background information and results contained in the 1997 survey report(Peterson and Schmidt 1997) as well as topographic map coverage of the survey area(USGS 1980). The field survey was conducted by Elizabeth J. Abel and David Ketz on May 20, 1998. Field procedures were determined by the archaeological sites potential apparent from the 1997 survey of the adjacent acreage, the physiography of the project area, and the ground conditions. A visual inspection, coupled with information derived from the background research, permitted the identification of tracts of relatively lower archaeological sites potential, such as depressional areas, storm drainage ponds, steep slopes, and areas in which Holocene deposits have been significantly disturbed, which were excluded from intensive field survey. The current survey area consists of generally level ground. Consequently, the survey area was assessed as having little potential for containing undocumented archaeological resources and was surveyed through visual reconnaissance. Shakopee Crossings Development Additional Phase I Archeological Survey Page 4 4.0 RESULTS AND RECOMMENDATIONS The 106 Group Ltd. recommends that no further archaeological investigation within the limits of the Shakopee Crossings project area is warranted, and that development be allowed to proceed as currently proposed. REFERENCES Peterson,R. J., and A. J. Schmidt 1997 Phase I Archaeological Survey ffor the Shakopee Crossings Development (formerly known as "East Dean Lake Development"), Shakopee, Scott County, Minnesota.The 106 Group Ltd., St.Paul. Submitted to Shakopee Crossings LP, Edina,Minnesota. Copy on file, State Historic Preservation Office,Minnesota Historical Society, St. Paul. United States Geological Survey(USGS) 1980 Eden Prairie, Minn. 7.5-minute series quadrangle map. United States Geological Survey,Reston,Virginia. Shakopee, MN SHAKOPEE CROSSINGS TRAFFIC ANALYSIS AND ACCESS STUDY FOR INDIRECT SOURCE PERMIT SUMMARY REPORT Submitted to Shakopee Crossing Limited Partnership Submitted by Parsons Brinckerhoff Minneapolis, Minnesota goo , December, 1998 Appendix 9 Table of Contents Sections Page No. A. Introduction 1 B. Project Phasing 1 C. Trip Generation 2 D. Background Development Assumptions 4 E. Trip Distribution 4 F. Adjacent Roadway System 5 G. Forecast Traffic Volumes-Methodology & Results 5 H. Capacity Analysis 1. Year 2003 - No Build 6 2. Year 2003 - ISP Build Phase 1 7 3. Year 2006 - ISP Build Phase 2 11 4. Year 2020 Capacity Analysis 15 I. Mainline Highway Level of Service 16 J. Merging and Weaving Analysis 16 K. Travel Demand Management 17 Table of Contents Figure 1 Project Location Map Figure 2 Shakopee Crossing AUAR proposed Land Uses Figure 3 1997 Peak Hour Traffic Volumes Figure 4 2003 No Build PM Peak Hour Traffic Volumes Figure 5 2003 Full Build PM Peak Hour Traffic Volumes Figure 6 2006 No Build PM Peak Hour Traffic Volumes Figure 7 2006 Full Build PM Peak Hour Traffic Volumes Figure 8 2020 PM Peak Hour Traffic Volumes Figure 9 2020 Daily Traffic Volumes Table of Contents List of Tables Page No. Table 1 Weekday and P.M. Peak Hour Trip Generation 3 Table 2 ISP Phase 1 and 2 Trip Distribution 4 Table 3 Year 2020 Trip Distribution 4 Table 4 Year 2003 Unsignalized Level of Service 7 Table 5 ISP Phase 1 -Assumed Improvements 7 Table 6 Year 2003 Signalized Intersection Analysis C.S.A.H 18 at Southbridge Parkway 8 Table 7 Year 2003 Signalized Intersection Analysis C.S.A.H 18 at Road "C" 9 Table 8 Year 2003 Signalized Intersection Analysis Southbridge Parkway and Road "B" 9 Table 9 Year 2003 - ISP Phase 1 Unsignalized Intersection Analysis - Critical Movements 11 Table 10 ISP Phase 2 - Assumed Improvements 11 Table 11 Year 2006 Signalized Intersection Analysis C.S.A.H 18 at Southbridge Parkway 12 Table 12 Year 2006 Signalized Intersection Analysis C.S.A.H 18 at Road "C" and "D" 13 Table 13 Year 2006 Signalized Intersection Analysis Southbridge Parkway and Road "B" 13 Table 14 Year 2006- ISP Phase II Unsignalized Intersection Analysis - Critical Movements 15 Table 15 Year 2003, 2006, 2020 PM Peak Hour Signalized Analysis Summary 15 Table 16 C.S.A.H 18 Roadway Capacity (Peak Direction) 16 Appendix A Indirect Source Permit(ISP) Data • Traffic Report for Shakopee Crossing AUAR Traffic Report Shakopee Crossing AUAR December, 1998 A. Introduction Shakopee Crossings Limited Partnership proposes to construct a commercial and residential development in the City of Shakopee. Figure 1 presents the development site location in eastern Shakopee. The development is located south of TH 101 and TH 169(Shakopee Bypass), west of Stagecoach Drive and is bisected by the new C.S.A.H. 18. Figure 2 presents the proposed site development plan. The development, which is named Shakopee Crossings, encompasses a total of 314.8 acres. The plan calls for the mixed use development of approximately 156 acres of retail, 30 acres of single family residential (at 3 units/acre), 28 acres of multi-family residential (at 11 units/acre), 23 acres of parkland, and the remaining land a mix of roadways and right-of-way. For the purpose of this analysis, the assumed full buildout of the development encompasses: • Approximately 1,397,000 square feet of retail uses(Community, Service, Neighborhood) • 303 Multi-Family residences • 89 Single Family residences • 23 acres of park land Primary access for the development will be via two newly signalized intersections on C.S.A.H 18. The northern access is a "T" intersection at Southbridge Parkway that serves the developments northwestern and southwestern quadrants. The southern site access to C.S.A.H. 18 will be ultimately a four-way signalized intersection of the internal site roadways shown as "C" and "D", which serve the developments northeastern and southern quadrants. Secondary access to the northeastern quadrant will be of off Stagecoach Drive directly across from 13th Avenue. The project is separate from the East Dean's Lake residential development of 548 single family and 300 townhomes to the west, which also has its access to C.S.A.H. 18 via Southbridge Parkway. B. Project Phasing The project will be developed in a phased approach over a six-year period, beginning in the year 2000 and ending in the year 2005. For the purpose of the Indirect Source Permit(ISP), the project is separated into two stages. Stage 1 encompasses the first three years of anticipated development between the years 2000 and 2002, and Stage 2 encompasses the last three years of development between the years 2003 to 2005. A summary of the assumed year of full occupancy for each ISP Stage is shown below. ISP Stage 1: Summer of year 2002(ISP Analysis year 2003) 700,000 sq. ft. of Retail 216,000 sq. ft. of Home Improvement Retail 147,000 sq. ft. of Commercial Retail 108,000 sq. ft. of Highway Retail 10,000 sq. ft. Restaurant(2) Parsons Page 1 Brinckerhoff . 74. .._‘, , illtiv) • : ••••., * * , ' _""IC' ''-‘,1 *'• - • /P---. I' t4,.. p,....d...., ,,H'H 0,,;, 1 -1\(S-ct,T %21Lir-re'',tiori4. >\ 4.t .-e:_A 1"••• Jggli' 1Ry �y is `' "`� 4S , ==�41W1 •i ...ul,.Llit,r '� ../ /frML ,'4.., m m :f m art , 1111!)11. ): C ��..��� t♦. � - �1 /m m „--w.'.w.''� ''�w'rw w.... w i;fi,..,..i 4 „�I J W\��_ - f - IA \�\ W \`�. rte^/ • �. • i i 1 w i /t•\\' , 0 iititdil.. WL�L ' ¢E 1 1111111111 ' -y4.( Em,.ma �,.! 1i I ' t i �a,� = ,- .‘r ou'.Z 0' �� _ �� �, .I It •�^' / / J �. to U, f :G . tAl,1 (1 ` /� I I ` J� EE I� � Ef/ bbi!Ii ,�. ( �!. d Ed ���i �'� �j �: ® 1tai 'V C'W a -� �� i 7t /,( i f m' 0:1 q \5 i �%%, Or i ,ton etieaiiE z. .I qt 1 44E41 g l ,l r � m 1 � :•� 1 V i --1 E 'w 1 E su t i / �t f vo E a est it ( "13:\ // ‘) _\ / t ®E \ E �f. Am mm mm,0,11........„..:.m'1°�w.m am a,, .P101 --\ ! 04 \ I 04¢ EE ,� , ® yt _ 1 ir y Eam e� i,,/ . Pg Z4''.1 t%1 ( l,/ m. a ISL � ` Xtitt 41\41. , NI i )W W - itiA aF fiWft.m �V� ll++Hlit i '� c l �� �uat ta - ...metale, } c 1{ I\\ Jaz Ir SW° t<iklik ti`it e> _ fid r --- litir .. - -- . - t oris) �vit���I' tip I \ �i �, �� Bit (tuX6t"fa�+iifT ��; t '��'�" � a fil 1fa_ . f i ~ '+_ Z. �n�w. \ , r2,,a_711111=1= t-7 `1 t __ ® 00..-,.. ® ii i —m—`:. N i =.6. /mitt ` • a tilt • i,` / tn.' Traffic Report for Shakopee Crossing AUAR ISP Stage 2: Summer of the year 2005 (ISP Analysis year 2006) 176,000 sq. ft. of Retail 40,000 sq. ft. of Highway Retail 303 Multi-Family residential 89 Single-Family residential Ultimate Development (ISP Stage 1 and 2—Year 2006) 876,000 sq. ft. of Retail 216,000 sq. ft. of Home Improvement Retail 147,000 sq. ft. of Commercial Retail 148,000 sq. ft. of Highway Retail 10,000 sq. ft. Restaurant(2) 303 Multi-Family residential 89 Single-Family residential Figures 5 and 7 present the location of the staged development. C. Trip Generation Weekday and P.M. peak hour trip generation rates were applied to the land uses to develop volumes for the proposed development (see Table 1). The trip generation rates were derived from the 1997 Trio Generation Manual, Sixth Edition, Institute of Transportation Engineers (ITE). A total of 66,074 vehicle trips per day are predicted, with the year 2020 PM Peak Hour Weekday providing a total of 6,304 trips (3,096 Entering; 3,209 Exiting). The generalized land use categories (neighborhood commercial, highway commercial) shown on Table 1 were related to the ITE land use categories by using a representative trip generation rate where appropriate. The designations of Retail, Community Retail, Retail Center, Service Retail, and Neighborhood Retail were assigned the ITE Code 820 of a Retail Shopping Center assuming 10,000 square feet of retail space per acre of development(floor-area ratio of 0.23). The Highway Commercial category was assigned automobile related services (service center/convenience center, parts store, or car sales). The Commercial Services designation trip generation assumed a floor-area ratio(FAR)of 0.2 and 40 trips per 1000 square feet as an average daily rate. In all cases, the parcels net acreage(excluding ponding)was used a basis for estimating the retail/commercial square footage. To account for the ITE trip generation surveys measuring trips at individual driveways of separated land uses, and thereby overestimating the overall trip generation of mixed use retail developments like Shakopee Crossings, the retail square footage in each development quadrant was summarized before determining the respective trip generation rate. This takes into account the inter-zonal trips occurring between the land uses that do not effect the external roadway network. It was assumed that 15% of the trips would be intrastudy trips, i.e., that they would be between land uses within the study area and not leave the development. This assumption is consistent with local and national developments of this size. Pass-by trips are represented in the analysis for those trips adjacent to the development and already on the C.S.A.H. 18 that divert to the development. The factor does not reduce the intersection turning movements, but does reduce the intersections through movements to reflect the diverted trips. A 10% pass-by factor was used, again representing national findings and local traffic characteristics. Parsons Page 2 Brinckerhoff rr �C } V 0 £s ' O 0 cu ;Fd�0C) � � N, rCOc00 j0 CO °0 C'4 -� ICON 0 : co N N co co N . NI- r,e O) *- lO . 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SHA KOPEE ,',, e ,.,,, '%!-- CROSSINGS ,"_______I_I_II. ________________________}______ ___ I ; 1 SHAKOPEE BYPASS) 1!%It 3-1 arm POW Stepp pond NI -4411111t— •...N %i IIII// Hong rG,e E 1'II I� 14 i RETAIL RETUL {.1 WN T.S IL 1 2 RETAIL ere4 I RETa IL ss.a.Sq 1.1 OTq 15 22 3 5 ";cv.. 10'7E 01-RO•EIEM t RETAIL ICTEL/OETaI _.�..r s.f OTN 1. = e 0. UC 111E 10 CT.VN RETa IL MITA!, AIL oUt Ot RETa II s.T-ru 18 Pull ,-� NIGI.AT CD-ERC10. ' 17.3 avw w c.-ro <IE:;) //10NE. GT.9 mN MIOMaT CWEMI*I 1 1 T'i 4// s.s OM Donau 4 MICE OGNM.TT RETAIL r 313 O,Tq 7.0 OSq £,{�' / sf' ' 25 'IRVICE12 RETAIL :=a S ' co1.ErILL :OICEs ,$t;s I 20 ..9 arq T.0 avN 4 g ! I MOM COrERCILL ..r rr� s1 �f i 6.0.�N !s if S 13 g��'s�;ss' IAR.TI�cArgT fi f'3s \1 26 T., q ,%0 �� \\ 21 C01.EIIEILL SEMICEf f 03/4L4113••� 5.0 RM. \ 110111AT CO.ERC IY .3 ':=,••9 lESS PEs K 3c13 IOm f.I.cq 27 `` i% 1 $$$$$$$$''s$t s rain PARR s.T.�N R.7 31 28 .. y1LTIK[ num, RETAIL 6.2 RA0441.I..IN SCALE: 1" - 700' _,—q 74 00' 0 7t 32 36 sum, ,Y,ILT aLLi1KE iAMIIT 9.i a.. "1312v.. 34 SINGLE FAMILY 22.0. q 3 pp,. rNt 44 °e•" ` ' FIGURE 2 Traffic Report for Shakopee Crossing AUAR D. Background Development Assumptions The 1997 average daily traffic volumes for the major access routes in the area of Shakopee Crossing is shown on Figure 3. These volumes represent factored 1997 ground counts obtained from the Scott County Department of Public Works. For the ISP Phase 1 (year 2003) and Phase 2(year 2006) analysis, the following background development assumptions were used to generate baseline traffic volumes. • A 3% annual growth in background traffic • 50% build-out of the East Dean's Lake residential development with the present single access point on Southbridge Parkway(424 total residences) by ISP Phase 1. • Full build-out of the East Dean's Lake residential development with the present single access point on Southbridge Parkway(848 total residences) by ISP Phase 2. • . Redevelopment of approximately 40 acres of new light industrial zoned land adjacent and east of Stagecoach Drive by ISP Phase 1. A FAR of 0.2, with an estimated 9 trips per day per 1000 square feet of space is assumed. • An additional 100 single family in and around Preserve Trail (east of Stagecoach Road) by ISP Phase 1. E. Trip Distribution Trip distribution for the ISP Stage 1 and Stage 2 analysis were developed based on existing ADT's and regional residential land use locations. To provide a more detailed analysis, the sites four quadrants were individually assigned to the roadway system to account for slight access variations associated with each parcel. Cumulatively, the resulting trip distribution used for ISP Stage 1 and 2(years 2003 and 2006) are as follows: Table 2 - ISP Phase 1 and 2 Trip Distribution Years 2003 and 2006 Access % Distribution Via C.S.A.H. 169(North) 22% Via C.S.A.H. 18 (South) 35% Via TH 101 (East) 16% Via TH 169 (West) 23% Via Stagecoach Drive 4% Design year 2020 trips distribution was developed through the application of the regional transportation model (TRANPLAN). Again, to provide a more detailed analysis, the site was divided into the same four portions. The resulting trip distribution used for year 2020 is presented in Table 3: Table 3 -Year 2020 Trip Distribution Access % Distribution Via C.S.A.H. 169 (North) 20% Via C.S.A.H. 18 (South). 36% Via TH 101 (East) 15% Via TH 169(West) 25% Via Stagecoach Drive 4% Parsons Page 4 Brinckerhoff . . y L ci; b v ti LT co L V o m} I I J J d1" r O Q ki, J L Q Z (7 Z ,-2 W hZ A— 20 0 5 a �404 Hlb `I`ti 605 �� QI, in ir) N N G J L A— 10 , ..,O4.,ct, , 0 c, �-- 25 STAGECOACH VE 2,400 W SZ —A OOT —9. Det ....,4O o > rr . _ U i Z M 0 F' W ix a O LI le i Y u) a W 7)4 a f IA 4,500 I A\\ ST/ V5,7 525 00 0 �' ; Iis Wii W � �W z , g 4, cc.. ,1,/ 1 i octcc �� 0 it mllii ellbimill • Traffic Report for Shakopee Crossing AUAR F. Adjacent Roadway System Significant roadway capacity has recently been added to the immediate area surrounding the development. TH 169 (Shakopee Bypass) and the associated Minnesota River Bridge crossing provides new and expanded access from the site to the north and west. In 1997 C.S.A.H. 18 was expanded on new location to a four-lane cross section (with median)and grade-separated interchanges to State Highways 169 and 101. Existing The primary access roadways serving the development are C.S.A.H. 18, TH 169, and TH 101. Access from C.S.A.H 18 is proposed at two signalized intersections south of TH 169. The first is the existing "T" intersection of C.S.A.H 18 and Southbridge Parkway. The second is a new intersection approximately 1000' south of Southbridge which will connect site drive "C" and "D" to C.S.A.H. 18. The intersection locations were determined as part of the negotiations involved with the C.S.A.H. 18 realignment through the property. Secondary access to the site will be will be via old CR 18(Stagecoach Drive), which abuts the eastern boundary of the site. A site access point located across from 13`h Avenue is planned to create a four-legged intersection. TH 169(Shakopee Bypass) is a four-lane divided principal arterial with grade separated interchanges. No direct access from TH 169 is proposed. Future Right-of-way for C.S.A.H. 21 has been reserved along the southern border of the AUAR site. While this is part of Scott County's long range transportation plan, it is presently not within the County's five-year capital plan. C.S.A.H. 18, and the site layout and support roadways have been designed to eventually accommodate the C.S.A.H. 21 alignment. However, due to the uncertainty of its funding, and to produce a conservative traffic analysis assuming all the forecasted traffic is loaded onto C.S.A.H. 18, C.S.A.H. 21 was not assumed to be part of the background year 2020 transportation infrastructure. G. Forecast Traffic Volumes - Methodology and Results Forecast traffic volumes were produced for the following development phases: • Year 2003(ISP Stage 1 plus one year), Build/No-Build • Year 2006(ISP Stage 2 plus one year), Build/No-Build • Year 2020 Project ultimate build-out, Build/No-Build Average daily roadway volumes and peak hour turning movement forecasts were generated for each of the above scenarios. ISP Phase I and 2(Years 2003 and 2006j The ISP forecasted traffic volumes were developed by assigning the project related, adjacent development, pass-by, and background trips to the roadway network. The trips were combined with the assumed directional trip distribution to produce the weekday PM peak hour(4:45-5:45) volumes. Only the anticipated background traffic volumes were combined to generate the "no- build"traffic forecasts for the ISP analysis. The site's traffic volumes were assigned to Parsons Page 5 Brinckerhoff Traffic Report for Shakopee Crossing AUAR the roadway system and combined with the no-build background volumes to produce the year 2003 full-build results. Year 2006 no-build traffic volumes assume Phase I is fully build and occupied. Figures 4 through 7 present "no-build", ISP Phase 1 and ISP Phase 2 forecasted traffic volumes. Year 2020 Analysis The year 2020 roadway network was modeled using the Metropolitan Council regional TRANPLAN model as a base for traffic assignment. The 2020 forecasts, both with and without the development, were produced by applying the regional travel demand model to include the site development and the roadway system (new C.S.A.H. 18 and the general internal roadway system), along with updated socio-economic assumptions based on the proposed land uses. This procedure was used to develop directional distributions based on the changing land use pattern and integrating the major changes to the roadway system in the area(the new bridge crossing and the Shakopee Bypass.) Due to the recent significant changes to the regional roadway system in the area and the subsequent acceleration in land use development in Scott County, the use of historical growth trends was not deemed advisable for the year 2020 forecasts. Figure 8 presents the year 2020 forecasted traffic volumes. H. Capacity Analysis This section relates the forecasted traffic volumes with the required roadway improvements for the ISP Phase 1, Phase 2, and year 2020 operation. The forecasted intersection operation during the critical weekday PM peak hour operation were analyzed using Highway Capacity Manual (HCM) and PASSER-2(Progression Analysis and Signal System Evaluation Routine) software. Intersections included for analysis include: • C.S.A.H. 18 and Southbridge Parkway • Southbridge Parkway and Site Drive A • Southbridge Parkway and Site Drive B • C.S.A.H. 18 and Site Drive C and Site Drive D • NE Site Drive and Stagecoach Drive • C.S.A.H. 18 and Preserve Trail(Stagecoach Drive) • C.S.A.H. 18 and C.S.A.H. 16 (N) • C.S.A.H. 18 and C.S.A.H. 16(S) All of the above intersections are presently unsignalized. The C.S.A.H. 18 intersections are two- way stop-controlled for the side streets. Recommended improvements are identified that provide sufficient capacity to the roadway system to accommodate the increase land use intensity. In addition to the intersection analysis, a merge/weaving analysis was also performed for C.S.A.H. 18 north of Southbridge Parkway. 11 Year 2003 Capacity Analysis -No Build Under the no build analysis, background traffic assumption were incorporated into the intersection analysis to obtain each intersections unsignalized LOS. The results are summarized in Table 4. Parsons Page 6 Brinckerhoff 4 ► y G ...,b V 0 w N J CO Tr O LIA Z J L JZ Q Z W o A— 24 2 Q Q M Ir 137 41"'""4.5-, 48 !-- , h 48 � g.!, � ^h0 763 .---30' °° v in „ 77/A ir I I y ~ 1 v.co 7 f 14 ECOACH �a F— 39 $TA��� 4,100 'Ii ti Zb —A Z OC T£T —� £g `1� S6r \, o O • �. rr io V. Z Y0 CZ, o `,b L cn a" W " Z 1 Z et -- o f ' W ti y C, dp N 0 WDU '� 11 an1.4 � � m � �Z H iti4 M O O '•,40 fid` N f 11,700 8I HVS.7 2 A \ , 67 oar 201Him I' N O in41 11116a yCI. ki NIP W rC 7 ERN* {4LJ1 I�� �JQIiillJh1� MI f`h ti 81111110111111 A • Traffic Report for Shakopee Crossing AUAR Table 4 Year 2003 No Build: Unsignalized Level of Service-Critical Movements Intersection Level of Service C.S.A.H. 18 and Southbridge NB LT B EB LT E 13th Avenue and Stagecoach Road WB LT A SB LT A C.S.A.H. 18 and Stagecoach/ SB LT A Preserve Trail WB LT E C.S.A.H. 18 &C.S.A.H. 16 (North) NB LT B EB LT D C.S.A.H. 18 and C.S.A.H. 16 (South) SB LT A WB LT D LT=Left Turn NB=Northbound SB=Southbound EB=Eastbound WB=Westbound The level of service obtained assumed the existing number of turning and through lanes at each intersection. The results indicate the system is expected to operate with acceptable levels of service, and only minor delays(typically less than 40 seconds per turning vehicle), through the year 2003. 2) Year 2003 Capacity Analysis-ISP Build Phase I The addition of ISP Phase 1 development traffic to year 2003 background traffic will require a combination of improvement encompassing intersection signalization, additional intersection turn-lanes, and the creation of a new support roadway network to service the planned development. The specific improvements recommended are presented in Table 5. Table 5 ISP Phase 1 -Assumed Improvements New Roadways • Construction of a new 1,100' internal access roadway(Road "A") through the northwestern quadrant connecting with Southbridge Parkway. • Construction of a new 1,600' internal access roadway(Road "B") through the northwestern quadrant connecting with Southbridge Parkway. • Construction of anew 800' internal access roadway(Road "B") through the southwestern quadrant connecting Southbridge Parkway with East Dean's Lake residential development. • Construction of a new 4,700' internal access roadway(Road "C") through the northeastern quadrant connecting C.S.A.H 18 and Stagecoach Drive at 13th Avenue. New or Upgraded Intersections • Reconstruction of the Southbridge Parkway and Road "B" intersection to provide two westbound left-turn lanes, a westbound right-turn lane, and one eastbound left-turn lane. Parsons Page 7 Brinckerhoff h (4z % ti Vc COW W J LII C P7 0 JL - 0 zQ Z A-- 24 (" D 13 W L* 883 ♦-- 777 C7) t- Q 'Pi in CO• X �� 1324 -"""11' r, d Nr c'm n) ,ef 714f 1 r ,... +IL A-- 14 rOCHco co �, 10 STADES 5,300 ��� tit44`ya Zf, —A 98T � £9t �,,I =0 ZS it r OSt 7tt "'�'' � � aYo ,q' v c - � QW �o o �, ,� t. W Z an RI co II c0 ga Q oa > Wo' �. �v) ) o tel %z II N " LU NS 0 ce= o J 4i Y m LL L 0) ,.J., ONO?/ b8£ ,I c ▪ ,, 82S C W m M �ti6 ��� 3 ti�. = 0 0 Z (1'%11' a 0_ i �� _ �' U' c .c c N f0 RS 4-, o Io o a.+ I dd I 411 N E II 0 II 34,500 VP 4\ j J St HNS,2 185 $1 encllie mai ONO?/ ``' O 11111 Z b9£ 1.4 = Sess. �/� of Q / y IC u IIup 4 c÷ 13 Or • T1' 0 4- 3Tr Al II CC Z 44 IZ z ..h. V, IV/ „i-I \. ce CO CU 0 j� II nNINII�IIIII ° 0 0 77 soIIIA °8F~4\. Ewa{ Traffic Report for Shakopee Crossing AUAR • Reconstruction of the Southbridge Parkway and C.S.A.H 18 intersection to provide for two eastbound left-turn lanes, two northbound left-turn lanes, and an exclusive southbound right-turn lane. • The addition of a western leg to the 13th Avenue and Stagecoach Drive intersection from Road "C" containing one left, one through, and one right-turn lane. • Construction of a new intersection on C.A.S.H. 18 at Road "C" providing two southbound left-turn lanes and a single northbound right-turn lane on C.A.S.H. 18; and two westbound left-turn lanes and a single right-turn lane from Road "C". Signalized Intersections • A new traffic signal at the intersection of Road "B" and Southbridge Parkway. • A new traffic signal at the intersection of C.S.A.H 18 and Southbridge Parkway. • A new traffic signal at the intersection of C.S.A.H 18 and Road "C". • Monitoring the delay, with the recognition that background and site-generated traffic will eventually require signalization, at the following intersections: 1. C.S.A.H 18 and Preserve Trail 2. C.S.A.H 18 and C.S.A.H. 16(Eagle Creek Boulevard/20th Avenue South) 3. C.S.A.H 18 and C.S.A.H. 16 (24th Avenue South) Figure 5(Year 2003 Build Peak Hour Traffic Volumes) provides a visual description of the roadway locations, number of turning lanes, and location of signals recommended. ISP Phase 1 -Capacity Analysis The planned improvements combined with the anticipated development will generally result in acceptable traffic operations throughout the study area. The site's two primary access intersections along C.S.A.H 18 are both anticipated to be signalized and operate at an overall level of service (LOS) "B"with the assumed improvements. The Southbridge Parkway at internal Road "B"intersection is also proposed for signalization and is predicted to operate at an overall LOS "B". Tables 6 through 8 present the anticipated turning movements, level of service, average queue lengths, and overall signal cycle lengths for each of the C.S.A.H. 18 intersections. The appendix contains the HCM and PASSER-II traffic modeling analysis output. Table 6 Year 2003 Signalized Intersection Analysis C.S.A.H 18 at Southbridge Parkway Year 2003-PM Weekday Peak Hour Movement Level-of- Average Service Queue/lane (LOS) (vehicles) Eastbound Southbridge Parkway Left-Turn C 7 Right-Turn B 4 Northbound C.S.A.H. 18 Left-Turn C 5 Through Movement A 2 Southbound C.S.A.H. 18 Through Movement C 8 Right-Turn B Overall Intersection LOS B (volume/capacity ratio = 0.77) Cycle Length: 80 sec. * Free right-turn • Parsons Page 8 Brinckerhoff Traffic Report for Shakopee Crossing AUAR Table 7 Year 2003 Signalized Intersection Analysis • C.S.A.H 18 at Road "C" Year 2003-PM Weekday Peak Hour Movement Level-of- Average Service Queue/lane (LOS) (vehicles) Westbound Road "C" Left-turn C 4 Right-Turn B 5 Northbound C.S.A.H. 18 Through Movement B 5 Right-Turn C 6 Southbound C.S.A.H. 18 Left-Turn C 5 Through Movement A 2 Overall Intersection LOS B (volume/capacity ratio = 0.62) Cycle Length: 80 sec. Table 8 Year 2003 Signalized Intersection Analysis Southbridge Parkway and Road "B" Year 2003-PM Weekday Peak Hour Movement Level-of- Average Service Queue/lane (LOS) (vehicles) Eastbound Southbridge Parkway Left-Turn C 1 Through/Right Turn C 3 Westbound Southbridge Parkway Left-Turn C 3 Through Movement B 8 Right-Turn A Northbound Road "B" Left-Turn C 1 Through Movement C 4 Right-Turn B Southbound Road "B" Left-Turn C 6 Through Movement B 1 Right-Turn B * Overall Intersection LOS B (volume/capacity ratio = 0.59) Cycle Length: 80 sec. * Free right-turn Parsons Page 9 Brinckerhoff Traffic Report for Shakopee Crossing AUAR Queue Lengths For all three of the above intersections, delay and queue lengths are not excessive for any movement. Sufficient storage space exists(740 feet) between the two Southbridge Parkway signalized intersections to add a second left-turn lane within the 34' median to accommodate the two intersections left-turn storage requirements. Generally, signalized intersections should provide sufficient storage capacity to accommodate the number of vehicles expected to arrive in each signal cycle, times a safety factor(1.5). For the eastbound Southbridge Parkway intersection, with a signal cycle length of 80 seconds, and 804 left-turning vehicles, the required storage capacity is 27 vehicles, or approximately 300' per lane. Using the same methodology, the storage lane for westbound left-turning vehicles from Southbridge Parkway to Road "B" is 120' per lane. C.S.A.H 21 If C.S.A.H. 21 is built, the intersection will be redesigned from a three-leg to a four-leg layout, and relocated slightly to the west. At this point, the final design is unknown, however, the relocation will likely reducethe effective storage capacity between C.S.A.H. 18 and the Drive "B" intersection to approximately 450 feet, resulting in a reduction to the eastbound Southbridge Parkway storage capacity. As a result, the storage length for eastbound Southbridge Parkway movements turning left at C.S.A.H. 18 will be reduced to approximately 230'. Assuming a 5:1 transition taper, the left-turn storage capacity is 25 vehicles, which is slightly less than the predicted maximum of 27 vehicles. However, because Southbridge Parkway is a four lane cross-section, if required, the two vehicles can stack on Southbridge Parkway temporarily without interfering with the Road "B" intersection operation. In addition to the reduction in storage capacity, C.S.A.H. 21 will significantly change the traffic volumes and patterns in the study area. With C.S.A.H. 21 unfunded, the assumption was made that it will not be opened by the year 2003. Right-of-way around the C.S.A.H. 18 intersection has been set aside to accommodate an upgraded four-legged intersection. As part of the C.S.A.H. 21 environmental review, decisions on the roadway's final location, number of lanes, intersection design alternatives(at-grade or bridge), and phasing will be developed. Unsignalized Intersection Analysis Unsignalized intersection analysis was performed on the other intersections in the study area for the year 2003. A summary of the results is presented in Table 9. The increase in site generated traffic along C.S.A.H. 18 during the PM peak period reduces the availability of cross-street movements to access C.S.A.H. 18. As a result, increasing delay begins to occur at the Preserve(Stagecoach Drive), 20th Avenue (C.S.A.H. 16) and 24th Avenue (C.S.A.H. 16) intersections. The number of turning movements experiencing delay appear to be within the requirements for potential signal justification, however, a monitoring program should be established to record the turning movement delays being experienced as a result of background and site generated traffic. Before installation, the monitoring program data should be used to prepare a signal justification report(SJR)to quantify the need and results. If the decision is to signalize one or more of the intersections, then they should be included with the coordinated signal plan along C.S.A.H. 18. With coordination, the three C.S.A.H. 18 intersections can be expected to operate at overall LOS "B". Parsons Page 10 Brinckerhoff Traffic Report for Shakopee Crossing AUAR The 13th Avenue and Stagecoach Drive intersection is proposed to continue as two-way stop control on 13th Avenue and the new site drive. Intersection movements will operate at an acceptable LOS "B" and the traffic volumes are not predicted to warrant signalization. Likewise the Southbridge Parkway and internal Road "A" intersection operates satisfactorily under Road "A" stop-control, and signalization does not appear warranted. Turning movement volumes and detailed results of the intersection modeling can be found in Appendix A and B respectively. Table 9 • Year 2003— ISP Phase I Unsignalized Intersection Analysis—Critical Movements Intersection Level of Service Comments Overall Signalized LOS Southbridge and Road "A" Stop-control for Drive "A" SB LT C recommended. - -- EBLT A Road "C" and Stagecoach Two-way stop-control on EB LT and TH B driveway and 13th Avenue --- WB LT and TH B recommended. C.S.A.H. 18 and Stagecoach Monitoring for eventual SB LT B signalization LOS B WB LT F recommended. C.S.A.H. 18 and C.S.A.H. 16 Monitoring for eventual (N) NB LT D signalization LOS B EB LT F recommended. C.S.A.H. 18 and C.S.A.H. 16 Monitoring for eventual (S) SB LT B signalization LOS B WB LT _ F recommended. LT=Left Turn NB=Northbound SB=Southbound EB=Eastbound WB=Westbound 3) Year 2006 Capacity Analysis—ISP Build Phase 2 The addition of ISP Phase 2 traffic to year 2006 background and ISP Phase 1 traffic will require signal retiming and the creation of a new support roadway network to service the additional planned development. Table 10 presents the anticipated improvements required. Table 10 ISP Phase 2—Assumed Improvements New Roadways • Construction of a new 3,000' internal access roadway(Road "D")through the south quadrant connecting with C.S.A.H. 18 across from internal access Road "C". • Construction of a 1,300'extension to the internal access roadway(Road "A") through the northwestern quadrant. New or Ungraded Intersections • Reconstruction of the C.S.A.H 18 and internal access drive Road "C" intersection to provide for an eastbound approach(one eastbound left-turn lane, one through lane, and one right-turn lane); a single northbound left-turn lane; and an exclusive southbound right-turn lane. Parsons Page 11 Brinckerhoff Traffic Report for Shakopee Crossing AUAR Signalized Intersections • A new actuated traffic signal at the intersection of Road "A"and Southbridge Parkway. • Monitoring the delay, with the recognition that signalization will likely be eventually required, based on background and site-generated traffic, at the following intersections: 1. C.S.A.H 18 and Preserve Trail 2. C.S.A.H 18 and C.S.A.H. 16(Eagle Creek Boulevard/20th Avenue South) 3. C.S.A.H 18 and C.S.A.H. 16 (24th Avenue South) Figure 7 of the report provide a visual and matrix description of the year 2006 recommended roadway locations and number of turning lanes. ISP Phase 2- Capacity Analysis The planned improvements combined with the anticipated development will generally result in acceptable traffic operations throughout the study area. The primary changes between Phase 1 and Phase 2 being the increased development traffic, background traffic, and the new western leg added to the C.S.A.H. 18 at Road "D" intersection. The appendix of this report contains the HCM and PASSER-ll traffic modeling output for the no-build and build traffic analysis. Table 11 Year 2006 Signalized Intersection Analysis C.S.A.H 18 at Southbridge Parkway Year 2006-PM Weekday Peak Hour Movement Level-of- Average Service Queue/lane (LOS) (vehicles) Eastbound Southbridge Parkway Left-Turn C 11 Right-Turn B 6 Northbound C.S.A.H. 18 Left-Turn C 9 Through Movement A 2 Southbound C.S.A.H. 18 Through Movement C 13 Right-Turn B " Overall Intersection LOS C (volume/capacity ratio = 0.96) Cycle Length: 80 sec. * Free right-turn • Parsons Page 12 Brinckerhoff y.0 R. L zto..4 Q C 0 VI w M -J co N 0 W ! I ¢ z Z 1 A -- 26 0 5 0 W 0 -ix' 4-914 (7) ~ a It 51'x_ , eft p +4 t �F164 tea► m x ,S. 1,g47----IP co 4-1l A— 15 0 1 r Clk r 4T 100 STAGECOACH 5,500 ~ 01 (0 a 10 DRIVE �( 2 17 --Ao • tg Y it r , 4_ 4— 4— 6S6I • 1 FSI \, 71, D 03 = M 1�0 tn" N ,1 O ti 0 {1J g• • 3 Y II ii �' m t0 �' °�' n � a�i ry c Q o2 � W z n � �, N ,,; rn o V gid. � � — a) � ^ u; wp v� \ CU ce = c� = / II N o '"' (1) ri nw r 1 gm2 r.7r awn/ 0, bee a/ N Z J 777 &�s� ��- = o > � 1 ti ho~ ow� 3 II u_ c � c N ii � bol- O ti� 0 '= ate+ LL ( 0 0 N �� u o u \ / I- 36,700 I ` �( 8T H1/SJ , \ 1115 .s H 1p ,yco cz. Aikido u 9r 01�0?J n� • 111LL E _ a S IP"-, SE o 1 O ell tn T1 _NC /3 II 0 j ....1:::6. 77A (0 (=> y El Ct• Iii 1 rd iv' a) f-ii cd \ i ~ � 411 Ca t N1 vc / sY4 eillIl�ga tiI �Ihl tiIIIIIllllll 4 h (jrZ ti0 0 *y u. LL Q if).. W V 'a j J J oo o w W Zj L . (., Q Z Lu Z � x_ 26 g > > W 4----113' -1051 ~ 5/, , N pp 1546 ----"Ir00 CO CV CV 714/A ir et Nr m er �, 1 A_ 15crOACH '� .� Opti n n 106 57'AGs--, 5,800 /� ~ °~ b+ 11 DRI 1�' = Tic): itr 0 fret /I o N / %,... , t09 z �� .a ,ter'—'.� � r' ti Za ' , ii ii *� Z ufJ � a N n. Q o p„ W ZCTI cn cn ,IIL yO = U F Ym „_ � 0 R U. b<. •., 77/1)4i, p� -•� = vi t0 o1° h C = II � � _cD O // g"' 4") to 7 — u = N I�! (04,''' ti '1. Q Vl cu 7 N 0�0 a/ CS et \ cc 11 c) II/ 41,900 /rA\\ STHVSD 18 � d 11039/, �� t/,//Oo) MN uSu aro?' ^b d` O i. 9 1 SSS/p� °£ N ,*iki if.,_ Est ZW in N s �� Rols. a ii r. E mi...... Y IIr, . a� °r 77,t a 3 ,_, .E. :0 vd.E 44 CC Z wo t d �/ ti0 0, ,o, ',/ 4.) ia 0,3, _ Ur D y b- 71v °rte' a a a Irr � Q' c4Zu m ce o°F ,Z'� �. J 1q plII oa o if go A 1NI��IillllllI ' rhoIRh11111f Traffic Report for Shakopee Crossing AUAR Table 12 - Year 2006 Signalized Intersection Analysis C.S.A.H 18 at Road "C" and "D" Year 2006-PM Weekday Peak Hour Movement Level-of- Average Service Queue/lane (LOS) (vehicles) Eastbound Road "D" Left-Turn D 4 Through C 4 Right-Turn • C Westbound Road "C" Left-Turn C 4 Through C 7 Right-Turn C * Northbound C.S.A.H. 18 Left-Turn D 4 Through Movement C 5 Right-Turn B * Southbound C.S.A.H. 18 Left-Turn C 6 Through Movement C 7 Right-Turn B * Overall Intersection LOS C (volume/capacity ratio = 0.80) Cycle Length: 80 sec. * Free right-turn Table 13 -Year 2006 Signalized Intersection Analysis Southbridge Parkway and Road "B" Year 2006-PM Weekday Peak Hour Movement Level-of- Average Service Queue/lane (LOS) (vehicles) Eastbound Southbridge Parkway Left-Turn C 1 Through/Right Turn B 4 Westbound Southbridge Parkway Left-Turn C 3 Through Movement B 9 Right-Turn A * Northbound Road "B" Left-Turn C • 1 Through Movement C 3 Right-Turn C * Southbound Road "B" Left-Turn D 6 Through Movement B 1 Right-Turn B * Overall Intersection LOS B (volume/capacity ratio = 0.68) Cycle Length: 80 sec. * Free right-turn Parsons Page 13 Brinckerhoff Traffic Report for Shakopee Crossing AUAR Queue Lengths For all three of the above intersections, delay and queue lengths are not excessive for any movement. Sufficient storage space exists (740 feet) between the two Southbridge Parkway signalized intersections to add a second left-turn lane within the 34' median to accommodate the two intersections left-turn storage requirements. Using the same methodology as with the year 2003 analysis, for a signal cycle length of 80 seconds, and 934 left-turning vehicles, the required storage capacity is 31 vehicles, or approximately 350' per lane for eastbound Southbridge Parkway movements. Similarly, the storage lane for westbound left-turning vehicles from Southbridge Parkway to Road "B" is 130' per lane. C.S.A.H. 21 If C.S.A.H. 21 is built, the intersection will be redesigned from a three-leg to a four-leg layout, and relocated slightly to the west. At this point,the final design is unknown, however, the relocation will likely reduce the effective storage capacity between C.S.A.H. 18 and the Drive "B" intersection to approximately 450 feet, resulting in a reduction to the eastbound Southbridge Parkway storage capacity. As a result, the storage length for eastbound Southbridge Parkway movements turning left at C.S.A.H. 18 will be reduced to approximately 230'. Assuming a 5:1 taper, the left-turn storage capacity is 25 vehicles, which is less than the predicted maximum of 31 vehicles. However, because Southbridge Parkway is a four lane cross-section, if required, up to four vehicles can stack on Southbridge Parkway temporarily without interfering with the Road "B" intersection operation, creating an overall left-turn lane capacity of 29 vehicles. This is slightly less (two vehicles) than the recommended capacity of 31 vehicles. For planning purposes, the storage capacity appears adequate. When C.S.A.H. 21 is constructed, a new signal timing plan will be required for the C.S.A.H 18/21 four-way intersection that will be based on updated land use and traffic data. In addition to the reduction in storage capacity, C.S.A.H. 21 will significantly change the traffic volumes and patterns in the study area. With C.S.A.H. 21 unfunded, the assumption was made that it will not be opened by the year 2006. Right-of-way around the C.S.A.H. 18 intersection has been set aside to accommodate an upgraded four-legged intersection. As part of the C.S.A.H. 21 environmental review, decisions on the roadway's final location, number of lanes, intersection design alternatives(at-grade or bridge), and phasing will be developed. Unsignalized Intersection Analysis The three other C.S.A.H. 18 intersections in the study area, and the intersection of Southbridge Parkway and Road "A", appear warranted for signalization by the year 2006. The intersection of Road "C" and Stagecoach Road is recommended to continue as a two-way stop controlled operation. A summary of their critical movements and overall intersection LOS is presented in Table 14. With coordination, the three additional C.S.A.H. 18 intersections can be expected to operate at overall LOS "B". The 13th Avenue and Stagecoach Road intersection is proposed to continue as two-way stop control on 13th Avenue and the new site drive. Turning movement volumes and detailed results of the intersection modeling can be found in Appendix A and B respectively. Parsons Page 14 Brinckerhoff Traffic Report for Shakopee Crossing AUAR Table 14 Year 2006 - ISP Phase II Unsignalized Intersection Analysis-Critical Movements Intersection Level of Service Comments Overall Signalized LOS Southbridge and Road "A" Signalization SB LT F recommended. LOS B EB LT B Road "C"and Stagecoach Two-way stop-control on EB LT and TH B &C driveway and 13th Avenue -- WB LT and TH B& B recommended. C.S.A.H. 18 and Stagecoach Signalization SB LT C recommended. LOS B WB LT F C.S.A.H. 18 and C.S.A.H. 16 Signalization (N) NB LT C recommended. LOS B EB LT F C.S.A.H. 18 and C.S.A.H. 16 Signalization (S) SB LT C recommended. LOS B WB LT F LT=Left Turn NB=Northbound SB=Southbound EB=Eastbound WB=Westbound 4) Year 2020 Capacity Analysis Generalized year 2020 PM peak hour forecasts were generated by the travel demand forecast model for the primary intersections in the study area(Figure 8). These turning movement counts reflect both background and full-buildout site generated traffic. Signalized Intersections The primary intersections recommended for Signalization, and their resulting operation, are presented in Table 16 below. Table 15 Overall Signalized Intersection LOS Years 2003, 2006, 2020 Intersection Year 2003 Build Year 2006 Build Year 2020 Build LOS V/C LOS V/C LOS V/C Southbridge Parkway B 0.59 B 0.68 B 0.68 and Road "B" C.S.A.H. 18 and B 0.77 C 0.96 D 1.03 Southbridge Parkway C.S.A.H. 18 and Road B 0.62 C 0.80 C 0.84 C.S.A.H. 18 and B 0.51 B 0.61 B 0.66 Stagecoach Drive LOS=Level of Service,V/C=Volume to Capacity Ratio With the planned improvements, all intersections, except for the C.S.A.H. 18 at Southbridge Parkway, are anticipated to operate at LOS C or better in the year 2020. By the year 2020, background growth, combined with the site generated traffic, will result in a LOS D at the Parsons Page 15 Brinckerhoff 4 CIPZ Zw S W ki • Q 0 0 0 Al 4.1 J Z H Z cc Z 0 0 0 U) F- < Nr +L O vsi �_ 25 CH '~ rsi m x t-r— 130 �pGECDA 6,500 o x `I' 15 DRIVE o 09 —A �. ObZ p6t r' d-� „ ,...IV) � � y1 11't CO Nb .-i rt V- ,., ^ 7 tn N ` '� ti Z N (n Ul rN ry IX — a) >• 01 ,y = W Cl) 2 U 2 Z = ►�►(1 . For . F _ co 0 LU ..a., Od0?! 2 �/ C 8:1 ccW s 774 Cc o i� � . Li. 3 h^) \ ca) 1 = O co N i + o 46,900 d/ �\ . ^ Da) c tL t D 8T HVS� p= — a3 al u 1Q�5 �� ��`��9 Ih a) = N a) °° 1039/1 0' ` a Z II Il rn duLL SZ£ LAI 06: m. SS' .......44 / z 4 --....;1, 74 / w• N 1 ''c> p^o, Oyhh .6: 0Ili 3 od X04 Z W d n ;o �/ 4 O,� z — 0°F �1 ��m� N yv ce � , OJQQ R o >. �� ti� 7 a r E Q� o ti� 3 �► u = am ~ u _ 1:1111111"11111114 IIIh111111 • yO 0 600150 :b00 69 �/51500/35�5p0 v 30, o 21,000/5,800/26,800 21,000/4,200/25,200 /2,200/2,200 St to ch o a \k.P4:41:6. co $1't - e Co 0 n a, Boa ) Yit tu ta ,m fu flAd o O C 0 0 7,500/24,000/31,500 N 0 a 0 SOUTHBRIDGE 0 PARKWAY 138 /? -/7,000/7,000 3600/3�4pO Road AD" 2020 BACKGROUND DAILY TRAFFIC/DEVELOPMENT DAILY TRAFFIC/TOTAL DAILY TRAFFIC CITY OF SHAKOPEE ! Do PARSONS N BR/NCKERHOFF 2020 DAILY TRAFFIC VOLUMES FIGURE 9 SHAKOPEE CROSSINGS Traffic Report for Shakopee Crossing AUAR C.S.A.H. 18 at Southbridge Parkway intersection, with the V/C ratio of 1.03 indicating the intersection is operating at capacity. The two C.S.A.H. 16 intersections proposed for signalization along C.S.A.H. 18 will continue to operate at an overall LOS B in the year 2020. Unsignalized Intersections The Road "C" at Stagecoach Drive intersection is a four-way intersection at 13th Avenue. The intersection is expected to operate at high levels of service(all movements above LOS C), with queue lengths averaging under two vehicles during the PM weekday peak hour under two-way " stop control. I. Mainline Highway Level of Service The capacity of C.S.A.H. 18 to accommodate the additional traffic was examined during the year 2006 PM weekday peak hour. Site related traffic is anticipated to add approximately 1100-1300 vehicles per hour in the peak direction. With two lanes of traffic in each direction, and assuming CR 21 is not built, CR 18 is forecast to operate with an mainline capacity level of service B during the PM peak hour, indicating reasonably free flowing traffic outside the signalized intersections. Table 16 C.S.A.H. 18 Roadway Mainline Capacity (Peak Direction) Roadway Classification Year 2006 LOS Year 2006 LOS Southbound Peak Southbound Peak Hour Volume Hour Volume With Without Project Project C.S.A.H. 18 Multi-Lane w/o 1027 A 2358 B (North of Access Control Southbridge Parkway) C.S.A.H. 18 Multi-Lane w/o 807 A 1920 B (South of Access Control Southbridge Parkway) Year 2006 without project includes East Dean's Lake residential development. Source: Mn/DOT Design Manual Table 2-5.08A J. Merging and Weaving Analysis The single TH 169 and TH 101 ramp lanes combine to form two southbound C.S.A.H. 18 lanes. There is approximately 3200 feet of distance between their connection, and the intersection with Southbridge Parkway. Within this distance, site generated traffic will weave between the two lanes, depending on if there are destined for the east or west side of the development. In addition, traffic from the eastbound TH 169 ramp presently merges with C.S.A.H. 18. This analysis examines the year 2006 build scenario for roadway capacity. Approximately 655 eastbound TH 169 vehicles are predicted to merge with the 1,700 vehicles traveling southbound on the two lanes of C.S.A.H. 18 during the weekday PM peak hour. Using the present roadway design, the merge analysis shows C.S.A.H. 18 traffic would be slightly slowed (to 51 mph) as a result of the merging maneuver, and operate at an overall Parsons Page 16 Brinckerhoff Traffic Report for Shakopee Crossing AUAR LOS C. This result indicates that sufficient capacity exists to accommodate the merging traffic without inducing delay. In addition, a weaving analysis was also performed on the segment of C.S.A.H. 18 between the TH 169 on-ramp, and the Southbridge Parkway deceleration lane. This analysis indicates a poor LOS(LOS E) for the southbound right travel lane as a result of through and right-turning traffic mixing in the same lane. This analysis assumes the worst-case scenario that traffic from westbound 101 and southbound TH 169 remains in their lane until they have passed the ramp from eastbound TH 169. However, there is approximately 1000 feet of available weaving area prior to the prior to the eastbound TH 169 ramp that allows weaving to take place prior to the merge. This in turn would reduce the number of weaving conflicts downstream, and provide for a better lane balance and operation. Because parameters such as sight distance and driver familiarity play such an important role in merging and weaving analysis, no changes are recommended initially. However, if delays do occasionally develop, then consideration should be given to providing an auxiliary lane by restriping the southbound shoulder. For the year 2006 build analysis, providing an auxiliary lane between the eastbound TH 169 ramp and Southbridge Parkway results in a LOS B for non- weaving vehicles(54 mph speed), and LOS C for weaving vehicles(49 mph speed). K. Travel Demand Management Shakopee Crossing is designed as a "mixed-use"community, combining townhomes, various shopping, public uses, parks, and entertainment in one planned area. In addition to the roadway improvements described in this report, an intergraded series of walking and biking paths are planned as part of the ongoing East Dean's Lake residential development that will support non-automotive access to the site. Existing Transit Service The Shakopee Area Transit System operates weekday, peak period commuter services to downtown Minneapolis from 2nd and Lewis Street in downtown Shakopee. In addition, the system provides curb-to-curb dial-a-ride service and sponsors commuter van pools for area residents. As the residential element of both the development and the area grows, the demand for transit will likely grow. The retail project may be a highly desirable location for a transit hub. The hub could allow extension of either Southwest Metro Transit, Minnesota Valley Transit or Shakopee Area Transit routes into eastern Shakopee. Metro Commuter Services Metro Commuter Services(MCS) is the Twin Cities area regional commuter transportation agency. As part of the Metropolitan Council, MCS promotes the planning, development and implementation of commuter options which decrease traffic congestion by improving both the effectiveness and efficiency of existing transportation infrastructure. One of the services MCS provides is to work with employers to assess the current transportation situation and commuting needs of employees through the MCS Commuter Survey. Other services offered by MCS are ride matching services, subsidies for start-up van of five of more passengers, the Guaranteed Ride Home program, and transit information. For the transit commuter, MCS can identify all the routes and park and ride lots available to employees for their commute. In addition, MCS can investigate the option of reverse commuting from inner city to suburb and suburb to suburb and thereby broadening the available employee pool. Parsons Page 17 Brinckerhoff Traffic Report for Shakopee Crossing AUAR Transportation Management Plan The proposed Transportation Management Plan (TMP) for the Shakopee Crossings development identifies action to be taken by the property manager and project tenants, in conjunction with support from MCS to manage site-generated traffic, to support the use of alternative modes of transportation to driving alone. It includes proposed measures to manage travel demand and minimize peak period project trip generation. Proposed Property Manager Actions • Designate and Employee Transportation Coordinator for the Shakopee Crossings retail buildings The Property Manager will maintain and monitor activities recommended and serve as a continuing liaison to MCS. • Implement a policy that requires truck and/or service deliveries to occur outside of peak hour traffic times. This does not include small package express deliveries. • The developer will make available to managers and Human Resources department information on the T-Bill program, a federal transit financial incentive program for employees and employers. • Work with the Shakopee Department of Public Works to maximize the efficient and effective operation of the roadway system serving the mixed-use development. • Work with Shakopee Area Transit on route scheduling, reverse commute, establishing van pools, and potential park and ride opportunities. • Encourage and work with retail tenants to offer flex-time schedules for employees. Proposed Commuter Services Support • Help to initiate and participate in an annual Commuter Fair • MCS would take the lead in rideshare matching for the formation of carpools by employees • Provide information to the developer on the T-Bill Program, the GRH Program, Metro Transit discounted bus passes, and other programs. Parsons Page 18 Brinckerhoff APPENDIX A - INDIRECT SOURCE PERMIT (ISP) DATA. 0)1 1p --,..- i------------------------ 111111111-' 1111- iggiv i � 722M26201\IIII/Eillilliiiiiir0 ❑ )=--_-744k\I . ©O O kfr71:4 --i -11--i- - 0 8 O ' J:IF'ta .,____,I1G Q OO 0 0 O I -0 Ili 1--11---1 1-IF-i 00° 000° �% ��� - o o W 40 Q O JO �. PHASE M - , :: ' ,_..0 ilk jam' idlak\, PHASE II .41-1- ,'teIIIIIIIIbllenRMI:is - ► I aott, ii, .\)wa PHASE RI 400. PHASE III a D o fritP417 ora .11\4 -.. 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O) 0)Co G O 'O 'p — 2 70 :0 T a. N 13 � = zin Ct. • Q = a, z.... n .0 C) coT � (n0C) 000o ,o O 03 0 TT e. � u) °0rnt0m `Z U) ) 0 < IQQ -a Qv) (A � QQQ C73 C C iC) u) u) o C GS u) C C � Ucncncn o U a; cts (573000 v >' U Cts ca 0 -3000 01 3 TQC •- c c c a cm °, Qm _m Occc C i i Ci) L; as as Cts C a1 i ': C/) i CO aS CC a1 as — 73 0 - t 6 0 CO CO Iy0� w�!► � s 0 0 CO CO EW () .` Q) CO " T T T E w U L _0 _0 ~ T T T ill Z m O -- = O m t a) - _ _ O a) E. i . cncnu) u) < < < 1 a � • cncnL° � aaa d 0. p > � W W C/ U) Cn 0 sl O � > W CO CO CO CC NScnzZZZUUU cc ( Sc) ZZZZ000 TNco -cr. coC Ns OD TN C1szrt000N- OD .►%NsEs% s Minnesota Department of Transportation Tts'�.,*►+'0 Metropolitan Division Waters Edge 1500 West County Road B2 Roseville, MN 55113 April 1, 1999 Michael Leek . City of Shakopee 129 Holmes Street Shakopee,MN 55379 Dear Michael Leek: SUBJECT: Shakopee Crossings Traffic Analysis Mn/DOT Environmental Review AUAR99-002 South of Trunk Highway (TH) 169 at County Road 18 Shakopee, Scott County C.S. 7005 The Metro Division of the Minnesota Department of Transportation (Mn/DOT)has reviewed the Shakopee Crossings Traffic Analysis for impacts to the state highway system. We appreciated the opportunity to review the traffic analysis in advance of the full AUAR document. We would like to know if an air quality analysis was performed. In the full AUAR we would like to see air quality carbon monoxide levels shown when addressing the Indirect Source Permit. Otherwise, we find the analysis acceptable and will provide additional comment regarding the proposed development after receiving the full AUAR document. Please contact me at 651-582-1654 with any questions. Sincerely, x4ifaL Scott Peters Senior Transportation Planner/Local Government Liaison c: Ted Axt,Parsons Brinckerhoff Brad Larson, Scott County Engineer An equal opportunity employer Appendix 10 .csOF MINN �4. _,, Minnesota Department of Natural Resources 0 Natural Heritage and Nongame Research Program,Box 25 a0, igii4cf 500 Lafayette Road St.Paul,Minnesota 55155-40_ O�NATURp� Phone:(612)296-8319 Fax:(612)296-1811 E-mail:karen.cieminski@dnr.state.mn.us June 29, 1998 Michael B. Whitt Svoboda Ecological Resources 2477 Shadywood Road Excelsior, MN 55331 Re: Request for Natural Heritage information for vicinity of Shakopee Crossing proposed retail development; T115N R22W S. 12, 13. Dear Mr. Whitt, The Minnesota Natural Heritage database has been reviewed to determine if any rare plant or animal species or other significant natural features are known to occur within an approximate one-mile radius of the area indicated on the map enclosed with your information request. Based on this review, there are 23 known occurrences of rare species or natural communities in the area searched (for details, see enclosed database printout and explanation of selected fields). No rare elements are known from the project site. However, if habitat on the project site is similar to habitat in surrounding sections --from which animal elements are reported-- these elements may also occur on the project site. Also, this area once provided habitat for the regal fritillary (Speyeria idalia), a butterfly species of Special Concern, but we have no current information which documents the species in the vicinity. It is likely that the area has been sufficiently disturbed by past land use and current development in surrounding sections that these species no longer persist in the area. The Natural Heritage database is maintained by the Natural Heritage and Nongame Research Program, a unit within the Section of Ecological Services, Department of Natural Resources. It is continually updated as new information becomes available, and is the most complete source of data on Minnesota's rare or otherwise significant species, natural communities, and other natural features. Its purpose is to foster better understanding and protection of these features. Because our information is not based on a comprehensive inventory, there may be rare or otherwise significant natural features in the state that are not represented in the database. A county-by- county survey of rare natural features is now underway, and has been completed for Scott County. Our information about natural communities is, therefore, quite thorough for that county. However, because survey work for rare plants and animals is less exhaustive, and because there has not been an on-site survey of all areas of the county, ecologically significant features for which we have no records may exist on the project area. The enclosed results of the database search are provided in two formats: index and full record. To control the release of locational information which might result in the damage or destruction of a rare element, both printout formats are copyrighted. The index provides rare feature locations only to the nearest section, and may be reprinted, unaltered, in an Environmental Assessment Worksheet, municipal natural resource plan, or internal report compiled by your company for the project listed above. If you wish to reproduce the index for DNR Information:612-296-6157, 1-800-766-6000 • TTY:612-296-5484, 1-800-657-3929 An Equal Opportunity Employer I1 Printed on Recycled Paper Containing a Who Values Diversity t4S Minimum of 10%Post-Consumer Waste Appendix 11 any other purpose, please contact me to request written permission. Copyright notice for the index should include the following disclaimer: "Copyright(year)State of Minnesota,Department of Natural Resources. This index may be reprinted,unaltered, in Environmental Assessment Worksheets,municipal natural resource plans,and internal reports. For any other use,written permission is required.' The full-record printout includes more detailed locational information, and is for your personal use only. If you wish to reprint the full-record printouts for any purpose, please contact me to request written permission. Please be aware that review by the Natural Heritage and Nongame Research Program focuses only on rare natural features. It does not constitute review or approval by the Department of Natural Resources as a whole. An invoice for the work completed is enclosed. You are being billed for map and database search and staff scientist review. Please forward this invoice to your Accounts Payable Department. Thank you for consulting us on this matter, and for your interest in preserving Minnesota's rare natural resources. Sincerely, .. /6;tiftt)a& Karen L. 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S .C�' D0 R O R O z O .. Ui D) Co •• ut ut O H VI m 01 D) t" U) dZ. DI p� W '•- Oro 0) W W H 0 r XI [04) W Dl D) Ut '0 .P Silene antirhina sleepy catchfly Silphium integrifolium rosinweed Smilacina racemosa false Solomon's seal Smilax herbacea carrion flower Solidago ulmifolia elm-leaved goldenrod Taraxacum officinale common dandelion Toxicodendron radicans poison ivy Tradescantia ohiensis spiderwort Ulmus americanus American elm Urtica dioica stinging nettle Verbascum thapsus mullein Verbena stricta vervain Verbena urticifolia whitevervain Vitis riparia riverbank grape Xanthoxylem americanum prickly ash Question 11b,Resources that are Threatened,Endangered,or of Special Concern. The Natural Heritage Database search revealed no element occurrences within the Shakopee Crossings project boundaries. However,within a radius of approximately 1/2 mile of the project area, 23 known occurrences of'rare species or natural communities' (DNR letter 6/29/98) are documented in the database. Several species which are threatened, Endangered , or of Special Concern can thrive in oldfield conditions such as are present within the Shakopee Crossings project area. Examples include the plains pocket mouse (Perognathus flavescens),the gopher snake(Pituophis catenifer), the rhombic-petaled evening primrose (Oenothera rhombipetala). Though our fieldwork did not reveal occurrences of these species, the proximity of collections of these species to the Shakopee Crossings project area increases the likelihood that they could be found here. Table 3: Legend describing cover types (accompanying 1"=200' base map) A =pond B =shifting dunes (blowout) C =developed land(structures and earthmoving) D =non-native grassland/forbland E =degraded dry oak savannah F =dry sand prairie G =dry mesic forest H =temporarily-seasonally flooded,palustrine, emergent wetland(PEMA-PEMC) I = shrubland J =temporarily flooded,broad-leaved,deciduous, forested,palustrine wetland(PFO1A) K =mesic upland forest L =heavily pastured dry oak forest Shakopee Crossings: AUAR Summary The Shakopee Crossings project area was visited on June 2,June 16,and July 2, 1998 in order to characterize and delineate cover types,to develop a plant species list,and to compile a bird species list. Results of our findings are presented as Tables 1,2, and 3, below. Question 5d,Cover types: Cover types are delineated on the base map at a scale of 1"=200'. Table 1 (below)explains letter codes used to symbolize cover types. Question 8,Permits and approvals: 1) Clean Water Act Section 404 (individual) U.S. Army Corps of Engineers 2) The Natural Heritage Database revealed no element occurrences within the Shakopee Crossings boundaries. In addition,we did not locate any species or communities within Shakopee Crossings which would necessitate a takings pemit from the Minnesota Department of Natural Resources. The Natural Heritage database search is appended. Question 9,Land Use: The current land use within the Shakopee Crossings project area is primarily pasture land. The area has been subject to heavy equestrian usage in the recent past. A high tension powerline bisects the site in an east- west direction. New Highway 18 roughly bisects the site in a north- south direction. Within the western extent of the powerline easement lies a capped landfill. Safety issues concerning the compatibility of this landfill with a proposed park should be thoroughly examined. Question 10,Cover Types: (See base map and accompanying Table,Legend,below.) Question 11a,Fish,Wildlife, and Ecologically Sensitive Resources Birds. We censussed breeding birds on June 2,June 16,and July 2, 1998 using a standardized behavior system recommended for North American birds(Laughlin et al. 1982). This is a conservative method to determine the breeding status of individual bird species; it is likely that all of these species are breeding. The subject property may provide stop-over habitat for migratory birds and wintering habitat to birds as well,but we did not conduct surveys during these time periods. We intended these surveys to compliment existing data on Minnesota breeding birds including the Minnesota Natural Heritage database search for rare,threatened or endangered species. The behavior code system utilized during our survey involved three hierarchical breeding categories: Possible,Probable, and Confirmed. Possible breeding included an observed male or female of a particular species in suitable nesting habitat or a singing male in suitable nesting habitat. Probable sightings included seven or more males in suitable habitat;pairs in suitable habitat; courtship,territoriality, or copulation;visiting a probable nest site; or, agitated behavior or anxiety calls from adults. Confirmed breeding included a nest with eggs; or, carrying fecal sac or food. Table 1 lists birds observed,typical breeding habitat, and breeding status. Table 1 . Birds observed within the Shakopee Crossings project area Species Typical habitat' Breeding Ring-necked Pheasant grassland possible Killdeer open areas/wetland probable American Woodcock woodland/shrubland possible Mourning Dove open areas/woodland probable Yellow-billed Cuckoo woodland possible Eastern Wood-pewee woodland probable Eastern Phoebe woodland possible Great Crested Flycatcher woodland probable Eastern Kingbird grassland possible Barn Swallow open areas/residential possible Blue Jay open areas/woodland possible American Crow open areas/woodland possible Black-capped Chickadee open areas/woodland probable White-breasted Nuthatch woodland possible House Wren woodland confirmed Eastern Bluebird open areas/woodland possible American Robin open areas/woodland probable Gray Catbird woodland possible Brown Thrasher woodland probable Cedar Waxwing open areas/woodland possible Common Yellowthroat wetland possible Northern Cardinal open areas/woodland probable Indigo Bunting open areas/woodland possible Chipping Sparrow open areas/woodland confirmed Clay-colored Sparrow shrubland probable Field Sparrow shrubland confirmed Vesper Sparrow grassland probable Lark Sparrow grassland probable Savannah Sparrow grassland possible Grasshopper Sparrow grassland probable Song Sparrow shrubland probable Eastern Meadowlark grassland confirmed Brown-headed Cowbird open areas/woodland probable American Goldfinch shrubland confirmed Bobolink grassland probable Sedge wren grassland probable Dickcissel grassland probable a Breeding habitat associations: open areas include residential areas, agricultural areas,and grassland with interspersed trees and shrubs;woodland includes young trees greater than nine feet in height;shrubland includes woody growth less than nine feet in height Laughlin, S. B., D. P. Kibbe, and P. F. J. Eagles. 1982. Atlasing the distribution of breeding birds of North America. American Birds 36:6-19. Mammals. We only observed white-tailed deer and meadow voles during our field visits. Table 2: Plant species within the Shakopee Crossings project area Scientific name Common name Acer negundo box elder Achillea millefolium yarrow Agropyron repens quack grass Ambrosia artemesiifolia little ragweed Amorpha canescens leadplant Arctium minus burdock Arisaema triphyllum jack-in-the-pulpit Artemesia ludoviciana sage Asclepias incarnata swamp miklweed Asclepias syriaca common milkweed Bromus tectorum cheat grass Bromus inermis smooth brome Calamovilfa longifolia sand reed Cannabis sativa marijuana Capsella bursa pastoris shepherds purse Celtis occidentalis hackberry Cenchrus longispinus sandbur Commandra umbellata bastard toadflax Cyperus schweinitzii Schweinitz' sedge Dalea purpurea purple prairie clover Dalea candidum white prairie clover Dalea villosa villose prairie clover Datura stramonium jimson weed Delphinium virescens prairie larkspur Eleocharis acicularis needle spikerush Eleocharis erythropoda red-rooted spikerush Euphorbia esula leafy spurge Fragaria virginiana strawberry Galium aparine common bedstraw Geum trorum prairie smoke Iris versicolor iris Koeleria cristata junegrass Leonurus cardiaca motherwort Lespedeza capitata round-headed bush clover Lithospermum carolinense hoary puccoon Lonicera tatarica tartarian honeysuckle Lonicera morrowii Morrows' honeysuckle Lychnis alba white campion Maianthemum canadense Canada mayflower Menispermum canadense moonseed Mimulus ringens monkey flower Nepeta cataria catnip Oenothera biennis evening primrose Osmorhiza claytoni hairy sweet cicely Osmorhiza longistylis smooth sweet cicely Oxalis dillennii sorrel Panicum oligosanthes var. scribnerianum Scribner's panic grass Parthenocissus quinquefolia Virginia creeper Penstemon pallidus pale beardtongue Penstemon gracilis slender beardtongue Phalaris arundinacea reed canary grass Plantago rugellii common plantain Poa compressa Canada bluegrass Poa pratensis Kentucky bluegrass Polygonum amphibium water smartweed Polygonum pennsylvanicum smartweed Populus deltoides eastern cottonwood Prunus serotina wild black cherry Quercus macrocarpa bur oak Quercus rubra red oak Quercus alba white oak Rhamnus catharticus buckthorn Rhusg labra smooth sumac Ribes cynosbati prickly wild gooseberry Rosa blanda prairie rose Rubus allegheniensis red raspberry Rumex acetosella sour dock Rumex crispus curly dock Salsola kali Russian thistle Sambucus canadensis elderberry Sanguinaria canadensis bloodroot A57 Q , CITY OF SHAKOPEE Memorandum CONSEN'N' TO: Mayor and City Council Mark McNeill, City Administrator FROM: Julie Klima, Planner II SUBJECT: Initiating the Vacation of a portion of 5th Avenue Right-of-Way DATE: May 2, 2000 Introduction The attached Resolution No. 5355 sets a public hearing date to consider the vacation of 5th Avenue between Jefferson and Adams Streets. This portion of Right-of-Way has not been improved. Discussion The City received a petition for the vacation of the right of way from Greg McClanahan of EverGreen Real Estate. The attached resolution sets a public hearing for June 6, 2000. On that date, comments from staff members and utilities, as well as a recommendation from the Planning Commission, will be presented to the City Council for consideration. Action Requested Offer Resolution No. 5355, A Resolution Setting the Public Hearing Date to Consider the Vacation of a portion of 5th Avenue, and move its adoption. ilie(j,t Klima Planner II g:\Cc\2000\ce0502\vac5th.doc RESOLUTION NO.5355 A RESOLUTION SETTING THE PUBLIC HEARING DATE TO CONSIDER THE VACATION OF A PORTION OF 56 AVENUE RIGHT-OF-WAY WEST OF ADAMS STREET WHEREAS, it has been made to appear to the Shakopee City Council that the portion of 5th Avenue, Koeper's Addition, City of Shakopee, County of Scott, State of Minnesota, serves no public use or interest;and WHEREAS, a public hearing must be held before an action to vacate can be taken and two weeks published and posted notice thereof must be given. WHEREAS,two weeks published notice will be given in the SHAKOPEE VALLEY NEWS and posted notice will be given by posting such notice on the bulletin board on the main floor of the Scott County Courthouse,the bulletin board at the U.S.Post Office,the bulletin board at the Shakopee Public Library, and the bulletin board in the Shakopee City Hall. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE,MINNESOTA,that a hearing be held in the Council Chambers on the 6th day of June, 2000, at 7:00 P.M. or thereafter, on the matter of vacating the portion of 5th Avenue which is west of Adams Street and east of Jefferson Street, Koeper's Addition, City of Shakopee, County of Scott, State of Minnesota. Adopted in session of the City Council of the City of Shakopee,lvfinnesota,held the day of , 2000. Mayor of the City of Shakopee ATTEST: City Clerk PREPARED BY: City of Shakopee 129 South Holmes Street Shakopee,MN 55379 /r i •lit irooms POLY i n i•illitit oititt- & Ay 1 s PP i am n e. %m — R3 SIR R3 "'ggiiiinsiog 111sm010 In�e. 1 a1 . App-- Adiallit R11,1,,,,, piliu SHAKOPEE W+E Proposed Vacation of Right-of-Way Zoning Parcels )5. 6couow-r S; CITY OF SHAKOPEE Memorandum TO: Mayor and City Council Mark McNeill, City Administrator FROM: R. Michael Leek, Community Development Director SUBJECT: Initiating the Vacation of a portion of the Right-of-Way for Harrison Street DATE: May 2, 2000 INTRODUCTION: Resolution No. 5358,which accompanies this report, sets a public hearing date to consider the vacation of a portion of the right-of-way for Harrison Street. The proposed vacation would reduce the width of the right-of-way for Harrison Street. DISCUSSION: City Council directed that staff initiate this vacation action. The attached resolution sets a public hearing of June 6, 2000. Prior to that date the Planning Commission will review the proposed vacation, and a full legal description provided for the area to be vacated. At the public hearing comments from staff members and utilities,as well as a recommendation from the Planning Commission,will be presented to the City Council for consideration. ACTION REQUESTED: Offer Resolution No. 5358, A Resolution Setting the Public Hearing Date to Consider the Vacation of a portion of the right-of-way of Harrison Street,and move its adoption. R. Michael Leek Community Development Director g:kc\2000\cc0502Wacharrisan.doc RESOLUTION NO.5358 A RESOLUTION SETTING THE PUBLIC HEARING DATE TO CONSIDER THE VACATION OF A PORTION OF RIGHT-OF-WAY FOR HARRISON STREET WHEREAS,it has been made to appear to the Shakopee City Council that a portion of right- of-way for Harrison Street between 3'd and 6th Avenues,City of Shakopee, County of Scott, State of Nfinnesota, serves no public use or interest; and WHEREAS,a public hearing must be held before an action to vacate can be taken and two weeks published and posted notice thereof must be given. WHEREAS,two weeks published notice will be given in the SHAKOPEE VALLEY NEWS and posted notice will be given by posting such notice on the bulletin board on the main floor of the Scott County Courthouse,the bulletin board at the U.S. Post Office,the bulletin board at the Shakopee Public Library, and the bulletin board in the Shakopee City Hall. NOW,THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE,MINNESOTA,that a hearing be held in the Council Chambers on the 6th day of June, 2000, at 7:00 P.M. or thereafter, on the matter of vacating a portion of right-of-way for Harrison Street between 3'd and 6'h Avenues, City of Shakopee, County of Scott, State of Miinnesota. Adopted in session of the City Council of the City of Shakopee,Minnesota held the day of ,2000. Mayor of the City of Shakopee ATTEST: City Clerk PREPARED BY: City of Shakopee 129 South Holmes Street Shakopee,MN 55379 +_ 0wt A 9ARBA OF PPOPbSW _, F Ft-.0..V1 PeT1ON . ; .. 7 4/4fP",.;:.-. //,': -.,,.:".. _., , ...:4,,1,4„ „„.„ / :, ._ _ oft 4., pita0. 0 /'00, it ll', �� . '`♦ •AI # �� ,a-2----1" 7- A ;• , mos ♦, ak Imp_ I. �. / � 1 X11 . /0- f . 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I ��;`v(—_ f'fi' 1 » I - t 3 t I i ritat ' • MAI' ' iiil 1 �.41.J k........1 r ' /u u ,.#.1- L_,-.2.-2 ---,_____,2.. _,._._;-,..---....)--.4,140,'litlikr, �J aFP 74-- - �,_j ll! r"� F"} N i I,ir 1 • r - '♦ l re, . 13TH A i , ,- LEHI-u r.�... f W111111 I, I I _....\ .`� 771177 i , ill ? r A / r ' "a.rr un' .7.....7....."-1h ' .. .-Y... ... $ CITY OF SHAKOPEE Memorandum C C. I TO: Mayor& City Council Mark McNeill, City Administrator FROM: Bruce Loney,Public Works Director SUBJECT: Approve Traffic Control Signage Changes Along Atwood Street for Olympic Pools DATE: May 2,2000 INTRODUCTION: This item is for Council consideration for traffic control signage changes on Atwood Street as requested by Dick Stokes of Olympic Pools. BACKGROUND: Previously, Mr. Dick Stokes of Olympic Pools requested a 2-hour parking stall along Atwood Street in front of his business to serve his clients. This signage change affects the parking along Atwood Street, and per City Ordinance Section 7.03, requires that no revised signs or signals shall be created or maintained for traffic or parking control until Council has approved and directed the same. Staff has met with the property owner making the request and has determined the following signage change can be implemented. The proposed traffic parking sign change is as follows: Install a 2-hour parking from 8:00 A.M. to 4:30 P.M. sign on an existing street light for one parking stall in front of Olympic Pools. Staff has reviewed the signage change request and can accommodate this sign placement at a minimal cost since the Public Works Department already has the sign and can be installed on an existing street light pole. ALTERNATIVES: 1. Direct staff to make the traffic parking sign change on Atwood Street, as per this memo. 2. Direct staff not to make the traffic parking sign change. 3. Table for additional information. RECOMMENDATION: Based on the fact that this area is in the Central Business District zoning and there are no parking restrictions on Atwood Street, the traffic parking sign change is appropriate. ACTION REQUESTED: Move to direct staff to make the traffic parking sign change on Atwood Street, as per this memo. Alat9-411 Bruce Loney Public Works Director BL/pmp SIGNS BOYER TRUCKS BOYER STERLING TRUCKS S,-R C I'NG March 3,2000 +, RE:State of Minnesota Cooperative Venture Program(CPV) Do you have new medium or heavy trucks in your budget for the year 2000? You may want to save substantial fioney by buying a new 2000(or 2001 model if built after mid-April)Sterling Truck under the Minnesota CPV plan. Boyer Sterling Trucks was low plow chassis bidder to MNDOT and has been awarded State contract #423545. Single axle and tandem axle Sterling chassis are included. You are able to take advantage of MNDOT's 1999 volume buying price,which may save you thousands of dollars over current prices.The MNDOT contract is good for orders placed until May i5,2000.You will receive new 2000 or 2001 model Sterling truck at the low 1999 volume bid price.Look closely at the enclosed truck specification examples taken directly from the MNDoT bid results via WebPages MNDOT/BID/. Automatics? Yes! We have a large number of Allison MD automatics set aside for MNDOT CPV production beginning in April 2000. You will be able to have your new plow units with an Allison MD automatic • ready to go for snow season in the fall of 2000. ' I will be pleased to help you with the MNDOT tag-on contract procedure. Call me and we will review your needs and quote a new Sterling based on the MNDOT contract price. • • Best Regards Bruce Rioux 2811 Broadway Street NE • Minneapolis,Minnesota 55413 Phone 612-378-1851 • WATTS 800-570-8453 • Fax 612-627-5550 www.boyertrucks.zom Equal Opportunity/Affirmative Action Employer • VEHICLE EVALUATION FORM Public Works Department- Equipment Maintenance Section Unit# 101 Serial# 1 HTGBNXRXMH390657 Dept. 42 Year 1991 Make International Model 2554 • Vehicle Description 1991 Dump Truck Special Eqpt/Attachments Sander, Frontplow,Wing Assembly Primary Use Hauling,Sanding, Plowing Snow Current Mileage 53,687 Hours: Last year Miles 4222.0 Hours: Avg.Annual Miles 5900 Hours: Purchase Price (includes special equip.) Est. Replacement (includes special equip.) Cost Estimated.Avg.Life ANALYSIS OF UNIT YEAR 1991 Annual Operating Costs am 1300.00 Cumulative Operating Costs 11652.76 Annual CPM or CPH .22 Per Mile $3.16 Per HR. Life to Date CPM or CPH 11652.76 Avg.CPM/CPH for Vehicle Class % Downtime-Annually %Downtime-Cumulative %Downtime by Class Scale of 1 to 10, 10-Being like new, 1 -Being very poor Body, Mechanics and/or Chassis Condition Comments: Body:5 Box 2 Drive Line:5 Engine: 5 Equipment: Sander: 3 Front Plow:3 Wing Assembly:4 Prepared by: Gene Jeurissen Reviewed by: evalform ' FEB-24-2000 09:24 BOYER FORD TRUCKS 612 62? 5550 P.02,11 • s • T41 SPrmIRLarva T R U C K ! SUMMARY QUOTATION 02-22-2000 Page 1 of 1 SHAKOPEE, CITY OF BRUCE RIOUX /MN.DOT BOYER TRUCKS, INC. 129 HOLMES ST. SO. 2811 BROADWAY SHAKOPEE, MN 55379 MINNEAPOLIS MN 55413 612-445-3650 612-378-1851 PREPARED FOR: GENE u URISSEN PREPARED BY: BRUCE RIOUX SUPR. Quote ID: BR-SHAR (Currency in U.S. Dollars) EQUIPMENT Total 1 L8500 CHASSIS $ 51221 TOTAL EQUIPMENT PRICE $ 51221 OTHER CHARGES FET TAXES $ -190 0 FEES 0 Other 0 TOTAL OTHER CHARGES $ -196 TOTAL QUOTE $ 51025 COMMENTS: Only the items listed in this Bid/Quote are to be furnished, nothing else is implied or promised in any way, unless in writing to customer! ! ! STATE of MN.DOT CONTRACT # 423545 modified to City of Shakopee Spec' s ! APPROVAL: Please indicate your acceptance of this quotation by signing below: x / / Customer Date dir Bruce Rioux - Fleet & Govt Sales Mgr. Yea u ' II Li}c et 'Met l/1Is y Wim: laic>r}c. •. City of Shakopee • Vehicle File Year: Parts: 2000 $834.62 1999 $1,908.71 1998 $795.95 1997 $1,485.47 1996 $1,037.42 1995 $567.10 1994 $1,394.55 ) •. 1993 $700.11 1992 $816.39 % 1991 $2,11244 $11,652.76 0 Average Annual Cost:$ $1,16527 Ft 5 F FEb "W i 0 •• CITY OF SHAKOPEE Police Department a MIT Memorandum TO: Honorable Mayor and City Council Mark McNeill, City Administrator 44, FROM: Dan Hughes, Chief of Police / SUBJECT: Surplus Property DATE: April 26, 2000 INTRODUCTION: Council is asked to declare a forfeited vehicle held by the Police Department as surplus Property. BACKGROUND: The Shakopee Police Department currently has possession of a 1988 Buick Skylark as the result of a forfeiture. To avoid storage costs while waiting for the public auction, this vehicle has been stored at the Public Works lot behind the Police Department. On April 22nd this vehicle was damaged leaving it unfit for re-sale. Repair of this vehicle is not feasible as the City's insurance deductible is $2,500. Also, restitution in unlikely as the parties responsible for the damage are all under 13 years of age. RECOMMENDATION: Staff recommends Council declare this vehicle surplus property for the purpose of proper disposal. ACTION REQUESTED: If Council concurs, they should, by motion, declare this vehicle surplus property and authorize staff to appropriately dispose of it. DH:pm 15. D. . CITY OF SHAKOPEE Memorandum To: Honorable Mayor, City Council Mark McNeill, City Administrator From: Dan Hughes, Chief of Police 4�� Date: April 25, 2000 Subject: Community Oriented Policing Services(COPS) Universal Hiring Program(UHP) Introduction The Police Department is seeking Council approval to make application for additional funding for two police officer positions. The funds are available from the COPS Office in the years 2000 and 2001. Background The U.S. Department of Justice, Office of Community Oriented Policing Services (COPS),notified the Police Department on April 4, 2000 of existing funds for police officer positions under the Universal Hiring Program(UHP). The COPS Office extended an invitation to the Police Department to make application for additional funding by May 31,2000. The COPS Office notified the Police Department on April 20, 2000 that our application for funding under the COPS in Schools Grant was ineligible for funding at this time. The COPS Office gave a number of reasons for the ineligibility of our grant application,but the bottom line is they ran out of money. Our COPS in Schools grant application was submitted following a joint meeting between the City Council and the#720 School Board. The partnership created by the grant application proposed a cost sharing relationship for two police officer positions with an officer assigned to the Junior and Senior High Schools. School officials had agreed to fund 33.5%of the cost of the unfunded portion of the grant for the officers while the officers were assigned to the schools. The reasons for seeking authorization to make application for UHP funding are twofold. First,the ineligibility of the COPS in Schools grant application has created a situation where both the Police Department and the School District see a need for a police presence in the schools but currently neither entity has the ability to independently fund the positions. Secondly,the most recent staffing analysis for the Police Department, based upon 1999 statistical data,will likely demonstrate the need for additional police personnel in 2001. The UHP funds would support 75%of the cost of an additional officer over the next three years up to $75,000. This is not as generous as the COPS in Schools grant that paid up to $125,000 per additional officer over the three years of the grant. The ineligibility letter did identify additional funds that would be made available in the summer of 2000 under the COPS in Schools program. However, if we were successful in the application process the late application date for these funds would certainly delay a September 2000 start date for officers hired with these funds. The bottom line of this grant request is the application maintains our options for Federal funds in the UHP whether or not we are successful in our COPS in Schools grant process. Budget Impact The two school resource officer positions were budgeted for in the 2000 budget. The budget reflects the cost of the positions with a notation of grant revenues to be used to offset the total cost of the two positions. The $50,000 difference between the COPS in Schools grant and the COPS UHP grant will have to be made up at the local level. The UHP grant would fund$25,000 of the approximate$50,000 cost for one new officer in 2000 as compared to the COPS in Schools grant that funded$41,000 of the $50,000. There should be funds available in the 2000 Budget to cover the $16,000 difference if the hires do not take place before July 2000. The Superintendent of School District#720 indicated the district is still interested in maintaining the partnership and believes the School Board would support the additional funding required to secure the school resource officer positions. Recommendation Staff recommends the application be made for a COPS UHP grant. The application begins the grant process and in no way conveys an acceptance of a grant award should one be made. Action Requested If Council concurs,they should,by motion, authorize the Police Department to make application for funding of two police officer positions by a COPS Office Universal Hiring Program grant. tAFI p• Hughes Chief of Police U.S. Department of Justice Office of Community Oriented Policing Services(COPS) Grants Administration Division 1100 Vermont Avenue, NW Washington, D.C. 20530 April 20, 2000 Chief Dan Hughes Shakopee Police Department 476 Gorman Street Shakopee, MN 55379 Dear Chief Hughes: On behalf of the Office of Community Oriented Policing Services (COPS), I would like to thank you for applying for funding under the COPS in Schools Grant Program. We received an overwhelming response to this program, and the combination of limited funding and the high volume of applications received made it highly competitive. Unfortunately, we have determined that your agency is ineligible to receive COPS grant funding under the COPS in Schools Program at this time. A number of factors were considered during our review of these applications including, but not limited to, the strength of the partnership agreement; problem identification and justification; community policing strategies to be used by the officers; the number of officer hours dedicated to the proposed community policing activities; and the link to the overall organizational community policing strategy. Some of the most common reasons applications were not selected for funding include: • The application was received after the final application deadline of July 16, 1999. • Applicant did not provide information addressing the proposed program as outlined in the COPS in Schools application addendum page. • Applicant provided a weak description of the proposed program as outlined in the COPS in Schools application addendum page. • The proposed activities for the officer employed under the COPS in Schools Program did not fit into the program requirement. • Applicant proposed funding an already employed school resource officer under this program. COPS in Schools funding must be used to hire new, additional school resource officers over and above the number of sworn officers that your agency would fund with state or local funds in absence of the grant(including other school resource officers). However, I am pleased to tell you that the COPS Office will be announcing an open solicitation for the COPS in Schools Program in 2000. Since applications materials have been revised, we cannot accept applications submitted for last year's program. Nonetheless, we do welcome and encourage you to apply for funding under this new solicitation. The application deadline is June 16, 2000, and since this will be the only application deadline this year, it is imperative that applications be postmarked by that date. In addition, please note that the available funding for this program in Fiscal Year 2000 is again limited, so applications not funded may be carried over for consideration into Fiscal Year 2001. We appreciate your interest in the COPS in Schools program and regret that we are unable to fund your agency at this time. Should you wish to reapply under the new open solicitation, please remember that applications must be returned to us by June 16, 2000. For your convenience, we will be sending you the new COPS in Schools application kit within the next couple of weeks. If you have any questions, please do not hesitate to contact your grant advisor at 1-800-421-6770. Sincerely, R019 I Robert A. Phillips Assistant Director for Grants Administration Dan Hughes From: Michael Leek Sent: Tuesday, May 02, 2000 10:51 AM To: Dan Hughes Cc: Mark McNeill; Beth Thorp; Jared Andrews; Julie Klima; Tami Vidmar Subject: Population estimates Dan, Following is my most recent look at population. It is offered for your use with the caveat that I am not a demographer. Please note that I have listed a number of assumptions made; obviously changes in these assumptions would affect the estimates and projections. Let me know if you have any questions. • 1990 Population 11,739 (from Metropolitan Council information) • 1991 Population 12,104 (115 single family dwellings permitted @ 2.8 persons per household; 18 multiple units at 2.4 persons per household) • 1992 Population 12,594 (151 single family units @ 2.8 persons per household; 28 multiple family units© 2.4 persons per household) • 1993 Population 13,180 (175 single family units 2.8 persons per household; 40 multiple family units© 2.4 persons per household) • 1994 Population 13,716 (164 single family units 2.8 persons per household; 32 multiple family units 2.4 persons per household) • 1995 Population 14,406 (159 single family units @ 2.8 persons per household; 102 multiple family units @ 2.4 persons per household) • 1996 Population 15,527 (221 single family units @ 2.8 persons per household; 209 multiple family units @ 2.4 persons per household) • 1997 Population 16,053 (140 single family units 2.8 persons per household; 56 multiple family units @ 2.4 persons per household) • 1998 Population 17,725 (182 single family units @ 2.8 persons per household; 484 multiple family units @ 2.4 persons per household) • 1999 Population 21,181 (385 single family units @ 2.8 persons per household; 720 multiple family units @ 2.4 persons per household) • 2000 Population 23,706 (based on development occurring at 90% of 1999 rate) • 2005 Population 32,124 (based on development occurring at 75% of 1999 rate) ASSUMPTIONS: 1. Constant household size; in fact, average household sizes have been declining through the 1990's._ 2. Residential units listed are primarily townhouse, thus a higher household size is used than would be the case for apartments. 3. No vacancy rate is assumed. In fact the historical vacancy rate has been very low in recent years. 4. It is assumed that units for which permits were issued were available for occupancy in the year that the permit was issued. As a practical matter some portion of these units are completed in the following year. 1 CONSENT CITY OF SHAKOPEE /5. e. ) , Memorandum J TO: Mayor and City Council Mark McNeill, City Administrator FROM: R. Michael Leek, Community Development Director SUBJECT: Successful Completion of Probationary Period for Community Development Secretary, Tami Vidmar MEETING DATE: May 2, 2000 INTRODUCTION: Ms. Vidmar was appointed to fill the position of Community Development Secretary effective October 20, 2000. Ms. Vidmar's performance during the probationary period has been satisfactory, and the Council is asked to appoint her to full-time regular employment in the position. STAFF RECOMMENDATION: I recommend that the Council find that Tami Vidmar has successfully completed the 6- month probationary period, and afford her regular, full-time employment as Community Development Secretary. ACTION REQUESTED: The Council is asked to offer and pass a motion declaring that Tami Vidmar has successfully completed the 6-month probationary period,and afford her regular, full-time employment as Community Development Secretary. R. Michael Leek Community Development Director /i 5.�, , CITY OF SHAKOPEE Memorandum CC NT To: Honorable Mayor, City Council Mark McNeill, City Administrator From: Dan Hughes, Chief of Police Date: April 17, 2000 Subject: Authorization to Hire a Records Technician Introduction The Police Department is requesting Council approval to fill a vacant half-time Records Technician position. Background The Police Department identified the need for additional records staff in the 2000 budget. The Police Civil Service Commission authorized the establishment of an eligible register for the position. The qualified applicants completed written and oral testing. The following names are the top three candidates listed on the eligible register established by the Police Civil Service Commission. Kim Hartman Lisa LaMere Jessica Sweitzer Budget Impact The position was budgeted for in the 2000 Police Department Budget. Recommendation Staff recommends Council authorize the hiring of Kim Hartman as a probationary records technician. This recommendation is based upon the Police Department's background investigation conducted on the candidate. Action Requested If Council Concurs, they should, by motion, authorize the hiring of Kim Hartman as a 50%Part-time Records Technician at Step 1, Grade C ($13.3399/hr.) subject to the satisfactory completion of pre-employment medical and psychological examinations. • CITY OF SHAKOPEE Memorandum To: Honorable Mayor, City Council Mark McNeill, City Administrator From: Shakopee Police Civil Service Commission Date: March 28, 2000 Subject: Eligible Register The Shakopee Police Civil Service Commission has conducted appropriate testing and as result establishes the following eligible register for the position of records technician in accordance with the provisions of M.S.A. 419. 1. Kim Hartman 86.0 2. Lisa LaMere 65.0 3. Jessica Sweitzer 64.5 4. Maria Wolf 63.5 5. Nancy Lindberg 61.0 6. Virginia Tietz 47.0 • Respectfully submitted, • Ron Ward, Chair Shakopee Police Civil Service Commission lb, ,. 3. CITY OF SHAKOPEE Memorandum : : 7; To: Honorable Mayor, City Council Mark McNeill, City Administrator From: Dan Hughes, Chief of Police �. Date: April 25, 2000 Subject: Authorization to Hire Community Service Officer(CSO) Introduction The Police Department is requesting Council approval to hire a Community Service Officer(CSO). Background The Police Department, with Council approval, made application to the COPS Office for a grant to fund two CSO positions in 1998. We received notification that we were awarded a $40,048 COPS MORE 98 grant in late 1998. The Police Civil Service Commission conducted the necessary tests and established an eligible register for the position of CSO. Angela Trutnau and Erin Lundy were hired in May of 1999 as our first Community Service Officers. Officer Trutnau tested for a vacant police officer position and was hired to fill the position in November of 1999, which created a vacant CSO position. The eligible register for the position of CSO was considered to be exhausted by the Police Civil Service Commission. The Police Civil Service Commission conducted the necessary tests and established an eligible register for the position of CSO on March 28, 2000. A copy of the eligible register is attached. The top three names on the eligible register are: Luis Diaz Mandi Kerkhoff Jaclyn Scheerz Budget Impact The grant funds exist to pay the salary and benefits of two full-time CSOs. The grant does require a 25% cash match from the City. The grant funds and the cash match were included in the Police Department's 2000 Budget. The grant has been extended as a result of our limited use of funds over the past months. The possibility of additional funding depending on the future level of Congressional appropriations is very realistic. Deputy Chief Poole has had conversations with our grant advisor in Washington, D.C. and it sounds very positive for continued funding of the CSO positions by the COPS Office. Action Requested If Council concurs, they should, by motion authorize the hiring of Luis Diaz to fill the position of Community Service Officer at a hourly rate of$11.6803 established by Grade A, Step 1, of the 2000 pay plan subject to his satisfactory completion of a background investigation, pre-employment medical and psychological examinations. an Hughes Chief of Police CITY OF SHAKOPEE Memorandum To: Honorable Mayor, City Council Mark McNeill, City Administrator From: Shakopee Police Civil Service Commission Date: March 28, 2000 Subject: Eligible Register The Shakopee Police Civil Service Commission has conducted appropriate testing and as result establishes the following eligible register for the position of community service officer(CSO) in accordance with the provisions of M.S.A. 419. 1. Luis Diaz 75.7 2. Mandi Kerkhoff 69.6 3. Jaclyn Scheerz 60.7 4. Marcos Lisak 54.9 5. Scott Haas 53.7 6. Charles Glum 52.5 7. Michael Keeley 51.8 8. Daniel Konken 45.5 Respectfully submitted, Ron Ward, Chair Shakopee Police Civil Service Commission CITY OF SHAKOPEE r Memorandum CONSENTA TO: Mayor and City Council �.• FROM: Mark McNeill, City Administrator SUBJECT: Facilities and Recreation Director Hire DATE: April 27, 2000 INTRODUCTION: The Council is asked to authorize the hiring of Mark Themig to fill the newly created position of Facilities and Recreation Director. BACKGROUND: In February,the City Council adopted a job description for a Facilities and Recreation Director position,which would oversee the recreation facilities of the City(Community Center, ice arena, and outdoor aquatic center, being the main three), as well as overseeing all recreation functions of the City. Advertisements were made, and applications were received. From April 14 through April 21, a total of eight candidates were interviewed by a panel made up of the Facilities and Recreation Director of the City of Burnsville, John Collins of the City's Park and Rec Advisory Board, and the City Administrator. After careful consideration,the job has been tentatively offered to Mark Themig. Mr. Themig has a Masters Degree in Recreation, Park, and Leisure studies from the University of Minnesota. He has been employed by the Ramsey County Park and Recreation Department for four years, and was previously employed by the City of Shoreview from 1990 to 1996. He is well respected in the field. If approved, he would start June 1st BUDGET IMPACT: The position is in pay grade L. Authorization was given to advertise the starting salary at up to Step 3 ($53,635). That is the amount which was settled upon with Mr. Themig. It has also been tentatively agreed that he will start with one week of vacation"on the books". RECOMMENDATION: I recommend that Mark Themig be hired as Facilities and Recreation Director, contingent upon successful completion of applicable background checks and physical exam. ACTION REQUIRED: If the Council concurs, it should, by motion,authorize the hire of Mark Themig as Facilities and Recreation Director for the City of Shakopee, at Step 3 of pay grade L, with one week of vacation on the books, effective June 1,2000, contingent upon successful completion of a physical exam and necessary background checks. vJ Mark McNeill City Administrator MM:tw CC: Marilyn Remer CITY OF SHAKOPEE MemorandumC J e o N TO: Mayor and City Council /S FROM: Mark McNeill, City Administrator SUBJECT: Personnel Policy Modifications DATE: April 27, 2000 INTRODUCTION: The Council is asked to amend certain policies in the Personnel Handbook for Employees of the City of Shakopee. BACKGROUND: From time to time,the Personnel Handbook needs to be updated to reflect changing working conditions, and new laws or accepted practices. There are three issues which I would propose to amend at this time: • National Conference attendance by non-department heads This spells out eligibility and use by non-department head employees. It is proposed to require employment for one year before being able to attend a national conference. Other remaining items are similar to those of department heads. • Define specific guidelines regarding to the usage of floating holidays. This specifies that floating holidays shall be forfeited and not carried over to the next payroll year,nor paid as severance. In effect, it makes the responsibility for usage of the floating holidays that of the employee. • Clarifies and modifies the dress code. Especially with the advent of casual Fridays,there has been an unwritten expectation as what is appropriate, and not appropriate attire for City Hall office employees. This policies establishes.guidelines. Ultimately, it is the responsibility of the department head and/or City Administrator to enforce provisions of the dress code. RECOMMENDATION: I recommend that the modifications to the Employee Personnel Policies be adopted. Upon adoption by the Council, affected employees will receive individual copies of the changes. ACTION REQUIRED: If the Council concurs, it should,by motion, adopted the following resolution: RESOLUTION NO. 5353 A RESOLUTION OF THE CITY OF SHAKOPEE,MINNESOTA AMENDING RESOLUTION NO. 4213, ADOPTING A PERSONNEL HANDBOOK Mark McNeill City Administrator MM:tw RESOLUTION NO. 5353 A RESOLUTION OF THE CITY OF SHAKOPEE,MINNESOTA,AMENDING RESOLUTION NO. 4213,ADOPTING A PERSONNEL HANDBOOK WHEREAS, on May 2, 1995,the City Council adopted Resolution No. 4213, adopting a new Personnel Handbook for the Employees of the City; and WHEREAS, City Council directed the Personnel Policy be amended to include criteria regarding attendance at national conferences by non-department; and WHEREAS, it is necessary to defme specific guidelines relating to the usage of the floating holiday, and WHEREAS,the City Administrator has established a dress code policy; and WHEREAS,the Personnel Handbook is the official system documenting policies and procedures, it is therefore necessary to amend the Personnel Handbook to include the criteria for non-department head attendance at national conferences, floating holiday usage and the dress code. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA,AS FOLLOWS: That Resolution No. 4213,Adopting a Personnel Handbook, is hereby amended by adding the attached amendments to Sections: IV BENEFITS, C. Continuing Education;V HOLIDAYS &LEAVES, B. Holidays and VI EMPLOYEE CONDUCT, A. Appropriate Conduct. Note: The stricken language is deleted;the underlined language is inserted. Passed in session of the City Council of the City of Shakopee, Minnesota,held this day of ,2000. Mayor of the City of Shakopee Attest: City Clerk C. Continuing Education. 1. Conferences and Seminars. a. In General. The City may pay for conferences and seminars that the employee's department head determines will contribute to the better performance of the employee's job and the City's business. A conference or seminar is a course that occurs in one continuous block of time. To qualify for payment, the employee must secure the prior approval of the department head, who should verify that the expenditure is budgeted. b. Non-department heads must meet the following criteria: • To be eligible to attend a national conference an employees have been employed as a full-time employee by the City of Shakopee for one year. Part-time employees and those employed less than one year are encouraged to attend state or local conferences. • Sufficient money must be available and budgeted in the departmental line item for travel and subsistence; • The department head shall make a recommendation that there will be a benefit to the City for the attendance by the employee at the conference; • If the non-department employee is also a non-exempt employee,no overtime compensation will be paid for the absence away from the City - only straight time for the assumed 8 hour work days while attending the conference; holidays which occur during the scheduled conference shall be charged against holiday leave. Use of sick leave is not permitted. • Appropriate receipts must be kept, and all other travel expenses be documented. • Attendance by non-department heads shall be rotated amongst eligible and interested employees within a division/department, provided that no non-department head employee attend a national conference more frequently than one time every four years. c. Meals. Meal expenses will be reimbursed upon submission of receipts up to $35 per day for conferences and other City business, unless the City Administrator approves a different rate. The City Administrator may waive the requirement of a receipt. d. Travel and Lodging. Travel and parking expenses may be paid or reimbursed by the City. Travel time will not be paid or reimbursed if the destination is within the seven county metro areas. Regardless of the number of hours spent at a conference,the City will reimburse only a regular work shift per day. The City will pay for coach airfare when it is estimated that flying is cheaper than driving. This comparison shall include the employee's travel time. The City will pay the single room rate for overnight stays at conferences. If there is not a designated hotel for the conference, the employee should use reasonable judgment in selecting lodging based on cost, location and quality. Employees should seek a government discount. e. Excluded Expenditures. The City will not pay for alcoholic beverages, entertainment, personal telephone calls (other than one of no more than five minutes to home per day for overnight stays),and other personal items not specifically designed to benefit the City. Absences for longer than two weeks may have additional telephone calls authorized by the City Administrator. I HOLIDAYS AND LEAVES. A. Eligibility. All regular employees may take certain holidays and leaves, as set forth below. Employees suspended without pay for more than one pay period, or on unpaid leave of absence, shall not accrue or be allowed to use any accrued leave. Except as otherwise provided below, part-time employees who do not regularly work 30 or more hours per week and temporary employees do not accrue and will not be paid for holidays and leaves. Other part-time employees shall receive holiday pay on a pro rata basis,based on their hours regularly worked per week divided by 40. B. Holidays. Regular employees who regularly work 30 or more hours per week are entitled to time off with pay on holidays. City offices shall be closed for business on each such holiday,but employees may be required by their department heads to work on holidays when the nature of their duties or other conditions require. An employee required to work on a holiday shall be paid or receive compensatory time at the rate of one and one-half times the employee's base pay, plus the employee's regular rate of pay for the holiday. When a holiday falls on a Saturday, the preceding Friday is a holiday. When a holiday falls on a Sunday, the following Monday is a holiday. If a holiday occurs during an employee's scheduled vacation, it shall not be counted as part of said vacation. The following days are paid holidays: HOLIDAY CELEBRATED DATE New Year's Day January 1 Martin Luther King's Birthday Third Monday in January Washington's and Lincoln's Birthday Third Monday in Feb. Memorial Day Last Monday in May Independence Day July 4 Labor Day First Monday in Sept. Veterans Day November 11th Thanksgiving Day Fourth Thursday in Nov. Friday after Thanksgiving that Friday Christmas Day December 25th Floating Holiday date selected by each employee Floating Holidays may be taken at the request of employee, with prior approval of the employee's supervisor and the holiday must be taken by the close of each payroll year.Floating Holidays may be taken during the probationary period. An unused floating holiday shall be forfeited and may not be carried over to the next payroll year nor paid as severance. Floating holidays shall be taken in not less than eight hour increments. II EMPLOYEE CONDUCT. A. Appropriate Conduct. 1. Teamwork. Each employee is part of a team, working together to provide excellent service to the residents of Shakopee. Each employee is expected to strive to do their best to assist in this team effort, by doing the employee's job economically and efficiently, with consideration toward the public. Employees are expected to work well with others. Employees also are expected to assist others, in their own and other departments, when requested and their work load permits,so that the work of the City gets done. 2. Courtesy. City employees are expected to be friendly and courteous to the public and each other. They are expected to give and take, look at the other person's point of view, and apply common sense, honesty, and open-mindedness to whatever problems arise in day-to-day work. 3. Appropriate Conduct and Appearance. Each employee shall dress and behave in a manner which is appropriate for their position. Appearance and Dress.The dress and appearance of City employees is a direct reflection on the professionalism of our services. City employees meet with the public everyday as part of the regular workday. A neat,well-groomed employee will present a positive image of the City and demonstrate the pride of our city employees. Non-uniformed Personnel.The following items are considered inappropriate attire for the office environment. a. Jeans b. Sweatshirts c. T-shirts d. Sandals without hose,unless wom with slacks or long skirts. e. Tongs f. Tube tops,halter tops,tank tops,muscle shirts g. Sweats or workout clothes h. Clothing that is revealing,outlandish or body-hugging such as spandex.. i. Clothing that is worn,faded or in disrepair. j. Shorts in general(culottes and tailored shorts as part of a tailored suit ensemble are acceptable.) k. Mini-skirts or short-ails L Any clothing,that when seated,should not be shorter than what would cover the top one-half of the thigh. These examples are intended only as a guide, and are not all inclusive. Employees with a question about a particular clothing item should contact their department head Dress needs vary by job function. Individuals who spend a majority of the day in the field or in a recreation function need to dress in a manner appropriate to their jobs,as determined by their supervisor.Field workers who are in the office for full days should follow the guidelines listed above. Uniformed Personnel.Uniforms,which are provided to some city employees,are expected to be neat,fresh and clean when reporting to duty. Each department is responsible for employees following regulations regarding uniforms,related accessories and equipment. Uniforms bearing a city identification patch should not be worn during off-duty hours. Casual Fridays. Fridays are designated as"casual day"in City Hall and the Community Center;on these days nice jeans,t-shirts and sweatshirts; and knee-length walking shorts can be worn,but not the other items on the above list. Employees,who take Friday off, cannot substitute any other day of their choice as a"casual day". Administration of Dress Code. Employees reporting to work in attire, which, at the discretion of the City Administrator or Department Head, is not befitting a professional image, shall be warned that such clothing is not to be worn again. An employee who continues to report to work in inappropriate attire will be sent home to change clothes. The employee will not receive paid hours during this time. CITY OF SHAKOPEE 15". ` I' Memorandum TO: Mayor and City Council FROM: Mark McNeill, City Administrator SUBJECT: Workshop Meeting—Downtown Issues DATE: April 28, 2000 INTRODUCTION: The Council is asked to consider a date in which to meet to discuss downtown development issues. BACKGROUND: Late last year, Duane Wermerskirchen of the VisionShakopee! Economic Structuring Committee requested a meeting with the City Council to discuss issues relating to downtown development. Of specific concern to the Committee is the need to provide land for new businesses,the future of the post office, and areas of the downtown which are in need of rehabilitation. He has asked that the City Council meet to discuss this. In a conversation with EDA President Amundson, she suggests felt this would be a good time to invite the Economic Development Advisory Committee to attend in a joint session. Attached is a calendar for May and June. Because the Council is already scheduled for a workshop in May, it was suggested that Tuesday, June 13th might be an appropriate time. RECOMMENDATION: If the Council wishes to meet to discuss downtown issues, I recommend a workshop to be held Tuesday,June 13th, beginning at 5:00 PM. This would be a joint meeting with the EDAC. ACTION REQUIRED: If the Council concurs, it should,by motion, schedule a workshop to discuss downtown development issues,to be held Tuesday, June 13th,beginning at 5:00 PM. 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O_ qqt 1 QC �f Upig s aIlAtt 04.1.4 ::;i,..,:i' k c c 4 (�_ H 5 ii C3 cc a E U , O �\r'Q7 O , s D 0 m s Ba n nn a n o 'c�i o o •� o � a rn o ; w 4 s c ro N v41 E E Tf 4 x c D f0 zi E �:. � 5 _ cp • Ln € � c7 a � U o 0. an 0. , m coo 9 'MaM O FO E O 3 oC € . ins , .,„7t:::„.,,..'• ,,,Iili:i‘l:ts0 rF c pLL 44'fr''''.'''C'g rillfi: 16 ' ,kW. w Pt a a o _0 'E • € C E C 1Cp ''�""a,' 0 IC a C ar E a oE h : a a F 1. IP:',,,,i4,:.:,;'`ii''':.°,7.-4;',7-',':'‘: :1. C E ¢z 8 c a E a . e a 0- e • p M I 1 C C E r. x 13 5 C .4 w 0 '.: E E a a a O M O n `'.O I. s ce ` c U . to E Ln c- a Fna ingiri CITY OF SHAKOPEE CC , �SENT Memorandum TO: Mayor and City Council /5 : Fr2, FROM: Mark McNeill, City Administrator SUBJECT: City Parking Lot Use By Derby Days DATE: April 27, 2000 INTRODUCTION: The Council is asked if preliminary approval to the use of the City owned parking lot south of Second Avenue,between Lewis and Holmes Streets, for use during Derby Days as a carnival location. This action was tabled following discussion at the April 18th meeting. BACKGROUND: This item was tabled from the last meeting. At that time,the Council directed that the Shakopee Jaycees work with Pablo's to be certain that it, as an adjacent business,was comfortable with the concept of having a carnival in the City parking lot adjacent to that business, for the Thursday, Friday, and Saturday of Derby Days. Since that time,the Jaycees have been in contact with Paul Schwaesdall,the owner of Pablo's. As I spoke with Mr. Schwaesdall,while he is not totally comfortable with the concept,he is willing to give it a try. RECOMMENDATION: Given the response from the Pablo's owner, I recommend that the Shakopee Jaycees be given preliminary approval to use the Second Avenue parking lot as a carnival site. This will still come back to the City Council for formal approval in July,but will allow the Jaycees to negotiate with the carnival operator, and enter into a contract for those services. ACTION REQUIRED: If the Council concurs, it should,by motion,first remove this action from the table. A motion would then be in order to give preliminary approval to the Shakopee Jaycees for use of the Second Avenue parking lot,between Holmes and Lewis Streets, for use as a carnival site, during Derby Days,August 3, 4, and 5. 4L/ Mark McNeill City Administrator MM:tw CITY OF SHAKOPEE Memorandum TO: Mayor and City Council FROM: Mark McNeill, City Administrator SUBJECT: Derby Days Parking Lot Usage DATE: April 13, 2000 INTRODUCTION: The Council is asked to give preliminary approval to the sponsors of Derby Days for the use of the City-owned parking lot south of Second Avenue, between Holmes and Lewis Streets, as a carnival site. BACKGROUND: Dave Thompson of the Derby Days Committee has approached me, inquiring as to whether the City would be supportive of a request to locate a carnival with up to ten mechanized rides on that Thursday, Friday and Saturday of Derby Days. The requested location is the parking lot between Lewis and Holmes Street, south of Second Avenue. It is paved, level, and large enough to accommodate the needs. This is the first time in recent years that rides are to be included in the Derby Days festivities. The drawback is that this will make parking,always an issue during Derby Days,even more of a problem. The Derby Days Committee would like an indication as to the Council's level of comfort with this now, so that they can continue to negotiate with the carnival operator. If preliminary approval is given now by the Council,they would bring this back to the Council for formal approval at the same time that they request use of streets for the parade route,tent location, and other uses of public right-of-way. The main criteria that we would see, in addition to the parking impact, is liability. We will require Derby Days to list the City as an also insured under their insurance policy, and will require the same of the carnival operator. We will also want to make certain that the hours of operation do not create a problem with noise for area residents. A letter describing all of the plans for this year's Derby Days is attached. RECOMMENDATION: I recommend that the Council give preliminary approval to the use of the above described parking lot for use on the Thursday, Friday and Saturday of Derby Days (August 3rd,4th & 5th). ACTION REQUIRED: If the Council concurs, it should,by motion, give preliminary approval to the Derby Days Committee for the use of the City-owned parking lot between Lewis and Holmes Streets, south of Second Avenue, for use as a carnival site,with the understanding that formal requests, including insurance and operation provisions,with be forthcoming in July. Mark McNeill City Administrator MM:tw CC: Dan Hughes Bruce Loney Pinky Hullander Dave Thompson JS, F. 3, CITY OF SHAKOPEE Memorandum CCSENTA TO: Mayor and City Council FROM: Mark McNeill, City Administrator SUBJECT: Increase in Compensation for SPUC Commissioners DATE: April 27, 2000 INTRODUCTION: The Council is asked to authorize an increase in compensation for Commissioners of the Shakopee Public Utilities Commission. BACKGROUND: Attached is a letter dated April 24th from David L. Thompson,President of the Shakopee Public Utilities Commission. In that,he asks for Council approval for a pay increase from$150 per month,to $225 per month for Commissioners. Note that the President has received an additional $25 per month, and that is proposed to continue. The Shakopee Public Utilities Commission is authorized in Section 2.54 of the City Code. Subd. 1 states that " The Commission shall consist of three (3)members appointed by the Council, and their compensation shall be set by the Council." As such, it is within the Council's purview to set compensation as they see fit, and may be done by resolution. As compared to adjustments in City Council salary,which must wait until the next Council takes office, compensation for Commissioners can take place at any time so designated by the City Council. My assumption is the request of President Thompson to have this take effect as soon as possible; for example, June 1St BUDGET IMPACT: Compensation for SPUC Commissioners comes entirely within the Shakopee Public Utilities budget; there is no impact on the City general fund. RECOMMENDATION: If the City Council concurs with the rationale suggested by President Thompson, I would recommend that they approve the attached resolution. The net result of this would be an increase from$150 per month,to $225 per month for Commissioners,with an additional $25 per month above that amount for Commission President. ACTION REQUIRED: If the Council concurs, it should,by motion, approve the following resolution: RESOLUTION NO. 5359 A RESOLUTION ESTABLISHING A RATE OF PAY FOR COMMISSIONERS OF THE SHAKOPEE PUBLIC UTILITIES COMMISSION Gialti'AA Mark McNeill City Administrator MM:tw RESOLUTION NO. 5359 A RESOLUTION ESTABLISHING A RATE OF PAY FOR COMMISSIONERS OF THE SHAKOPEE PUBLIC UTILITIES COMMISSION WHEREAS,the Shakopee Public Utilities Commissioners have received compensation established from time to time by the City Council of the City of Shakopee; and WHEREAS, since 1990, Commissioners have received$150 per month, with an additional $25 going to the President of the Commission; WHEREAS, a request has been made by the Commission to increase that base amount to reflect the additional responsibilities and time demands placed upon members of the Commission; and WHEREAS,the Shakopee City Council as defined in Section 2.54 (Subd. 1)the Shakopee City Council shall set the rate of compensation for the Commission. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Shakopee,Minnesota,that the compensation for serving on the Shakopee Public Utilities Commission shall be increased to $225 per month for Commissioners, with an additional $25 per month for the President. BE IT FURTHER RESOLVED that the effective date of this change in compensation shall be June 1, 2000 and that Resolution No. 3146 shall be repealed effective June 1,2000. Adopted in session of the City Council of the City of Shakopee, Minnesota,held the day of , 2000. Mayor of the City of Shakopee ATTEST: City Clerk CITY OF SHAKOPEE PUBLIC UTILITIES COMMISSION 1030 EAST FOURTH AVENUE SHAKOPEE,MINNESOTA 55379 612-445-1988 April 24, 2000 Mayor and Council City of Shakopee 129 Holmes St. Shakopee, Mn 55379 Dear Mayor and Council: On behalf of the Shakopee Public Utilities Commission I would like to ask for approval for a pay increase. Our current rate of pay is $150.00 per month with an additional $25 .00 for the President. Our last increase was in 1990. I would like to ask that you increase the pay to $225.00 a month for Commissioners with an additional $25.00 for the President . I believe this is a fair increase based on how long it has been since our last increase and just compensation for the duties of a Commissioner. In just three short years of being on the Commission the Shakopee Public Utilities has grown from $26 million to $42 million in total assets. Our customer base has doubled and the issues that continue to challenge the utilities and the City keep coming with no slowdown in sight. The Commission is now meeting twice a month to help keep up with these challenges and is in the process of making many changes. We will be bringing on a financial director, water planner/supervisor and with the addition our new engineering assistant we believe we will be able to meet the demands of our growing community. I would like to thank you for help in this matter. • erely, David L Thompson, Commi President SHAK1OPEE PUBLIC UTILITIES COMMISSION c.c. Mark McNeill ? _ Or. P r o 0 , e s S V i1 i ' 11