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HomeMy WebLinkAbout10/17/1995 TENTATIVE AGENDA ADJ.REG. SESSION SHAKOPEE, MINNESOTA OCTOBER 17, 1995 LOCATION: City Hall, 129 Holmes Street South Mayor Gary Laurent presiding 1] Roll Call at 7: 00 p.m. 2] Approval of Agenda 3] Liaison Reports from Councilmembers 4] Mayor's Report 5] RECOGNITION BY CITY COUNCIL OF INTERESTED CITIZENS 6] Approval of Consent Business - (All items listed with an asterisk are considered to be routine by the City Council and will be enacted by one motion. There will be no separate discussion of these items unless a Councilmember so requests, in which event the item will be removed from the consent agenda and considered in its normal sequence on the agenda. ) *7] Approve Minutes of September 19, 1995 8] Communications: None 9] 7:00 P.M. Public Hearings: a] Request from Sienna Corporation to vacate drainage and utility easements for Lots 1 through 6, Block 3 , Prairie Bend 1st Addition - Res. No. 4321 b] Applications for a Currency Exchange License from: 1 . American Pawnbrokers - Res. No. 4311 2 . Shakopee Check Cashing - Res. No. 4312 10] Centres Group Ltd. Commercial Development Proposal, to be located south of Shakopee Town Square 11] Recommendations from Boards and Commissions: a] Hearing on an appeal of the Board of Adjustment and Appeals ' approval of the renewal of Conditional Use Permit No. PC-376 for Fischer Aggregates, Inc. and a request for amendments to that permit *b] Final Plat of Canterbury Pointe located So. of 4th Ave. and West of Sarazin St. - Res. No. 4320 *c] Amending City Code Adding Exterior Storage as A Conditional Use in Industrial Zones - Ord. No. 429 TENTATIVE AGENDA October 17, 1995 Page -2- 11] Recommendations from Boards and Commissions continued: d Amendment to Prairie Bend Planned Unit Development to ] P allow construction of ten, one-level, condominium buildings on one lot - Ord. No. 428 e] Rezoning 22 . 73 Acres East of Valleyfair from Highway Business to Major Recreation - Ord. No. 431 12] Reports from Staff: *a] Vacation of a portion of Spencer Street lying North of TH 101, Res. No. 4172 - tabled 9/19 *b] Landscaping Requirements *c] Approve Bills in the Amount of $3 , 186, 690. 97 *d] Millpond Treatment Basin Plan Approval, 1995-7 - Res. No. 4322 *e) Hiring of Maintenance Worker f] Hiring of Recreation Superintendent - memo on table g] City Taxes - discussion *h] Civic Center Landscaping, Furnishings and Fixtures (RFP #3 , FFE "C" , and FFE "P") 13) Resolutions and Ordinances: *a] Res. No. 4310 - Premises Permits for Hockey Ass 'n. b] Res. No. 4314 - Ordering Feasibility Report for 1996 Reconstruction Projects c] Res. No. 4315 - Ordering Feasibility Report for Gorman St. - 4th to Marschall Rd. *d] Res. No. 4316 - Setting Hearing for Assessments for Block 51 Paving, 1994-14 e) Res. No. 4317 - Setting Hearing for Assessments for P & V Subdivisions, 1995-5 *f] Res. No. 4318 - Setting Hearing for Assessments for 1st Avenue Streetscape, 1993-12 *g] Res. No. 4319 - Setting Hearing for Assessments for Alley Paving in Block 48, 1994-1 14] Other Business: 15] Recess for an executive session to discuss matters permitted under attorney-client privilege 16] Re-convene 17] Adjourn Dennis R. Kraft City Administrator REMINDER: Committee of the Whole Meeting on Oct. 23rd at 5: 30 P.M. Committee of the Whole Meeting on Oct. 24th at 5: 00 P.M. MEMO TO: Honorable Mayor and City Council FROM: Dennis R. Kraft, City Administrator RE: Non Agenda Informational Items DATE: October 13, 1995 1. Attached is a memorandum from the City Attorney regarding polybutylene litigation. 2. Attached are the October 5, 1995 minutes of the Board of Adjustment&Appeals and Planning Commission. 3. Attached is correspondence to the Mayor from BFI `s Compost Marketing Manager, Judy Put-man regarding the compost facility located on.Hwy. 169 outside of Shakopee. 4. Attached is Moody's Municipal Credit Report for Shakopee. 5. Attached is correspondence from the Ass't City Administrator to the County Board of Commissioners and the School Board Members regarding the public hearing on the proposed establishment of TIF District#10 and the adoption of the TIF Plan. 6. Attached are the SPUC minutes for the September 5, 1995 meeting. 7. Attached is the Building Activity Report for September, 1995. 8. Attached is a copy of the Draft 1996 Policies and Legislative Proposals from AMM. 9. Attached is the Policy Newsletter for Council review. 10. Attached is a memorandum from the Public Works Director regarding Metropolitan Council Environmental Services Selection Committee Appointments. 11. Attached is the September Monthly Progress Report from Engineering. 12. Attached is correspondence from.Mike&Roxanne Rowan regarding the improvements in the P & V Addition. 13. Attached is a memorandum from the Finance Director regarding the investment report. 14. Attached is a memorandum from the Assistant City Administrator regarding the Tax Increment Financing Plan-TIF District#10. 15. Attached is the Revenue and Expenditure Reports as of September 30, 1995. SSA., Ib• A D v ell 1-114 p¢ �i£ 44- 1 NON-AGENDA INFORMATIONAL ITEM MEMORANDUM TO: MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Karen Marty, City Attorney DATE: October 6, 1995 RE: Polybutylene Litigation I have received the attached letter from a Houston, Texas, law firm asking the City to consider joining a class action lawsuit . People with defective polybutylene plumbing systems have sued Shell Oil Company and others . A proposed settlement has been offered, and this law firm is opposed to the proposal . They want us to join them in opposing the settlement, on behalf of unspecified Shakopee residents . Without more information, I do not see that pursuing this litigation is a good expenditure of our taxpayers' money. Unless you disagree, I will let this opportunity pass . Signed Karen Mar y, ity7Attorney KEM:bjm Cf [6 MEMO] Attachment LAW OFFICES FLEMING, HOVENKAMP & GRAYSON A PROFESSIONAL CORPORATION 1330 POST OAK BOULEVARD SUITE 3030 HOUSTON,TEXAS 77056.3019 GEORGE M.FLEMING TEL. (713) 621-7944 MARK A. HOVENKAMP 1400-654-7139 JOHN L.GRAYSON FAX (713) 621-9631 STUART J.STARRY DEBRA BREWER HAYES PETE PETROSKI September 27, 1995 Ms. Karen Marty City Attorney 129 E. First Ave. Shakopee, MN 55379 Re: The Polybutylene Litigation Dear Ms. Marty: This office represents over 50,000 individuals who own over 100,000 housing units that have the defective polybutylene plumbing system. Some of the individuals that we represent are residents of Shakopee. Additionally, the City of Shakopee probably owns a number of housing projects that contain the defective polybutylene plumbing system. Recently,a national settlement class which may include housing units owned by the City of Shakopee and will include individual homeowners from Shakopee, was certified in Civil Action No. 18844, Tina Cox, et al. v. Shell Oil Co., et al.; In the Chancery Court for Obion County, Tennessee, in Union City, Tennessee. You may have seen the notices regarding this settlement on television or in the newspapers. Our clients are opposing the terms of the settlement as totally inadequate. We ask you, on behalf of the City of Shakopee, to intervene in the Cox case and oppose this inadequate settlement in order to (1) protect the rights of homeowners in Shakopee; and (2) protect your city government which probably owns housing units that have this defective system in them. The major terms of the Cox settlement that make it unacceptable are as follows: (1) Shell has stated in court papers that it will cost $7.1 billion to replumb the approximately 6 million housing units affected. The Cox settlement will provide only $850 million,or $142 per housing unit,for replumbing;yet jury verdicts in several cases have ranged from $10,000-$40,000 per housing unit. No wonder the responsible Defendants want this settlement! (2) Cox participants will be entitled to a replumb only if the home has had two "qualifying" leaks. Leaks within six feet of the hot water heater (where most leaks occur) or , leaks in stops or supply lines are not considered qualifying leaks, despite the fact that much damage occurs from these types of leaks in the system. (3) Only $75 million has been set aside to pay Cox participants' past and existing damages. There are 6 million homes. This would amount to $12.50 per home to compensate the homeowner and return the home to a "habitable" state. Cox provides that all claims will be shared on a pro-rata basis.That means that 6 million homeowners could go forward with their claims and the $75 million will be divided among them. This would result in you receiving Ms. Karen Marty September 27, 1995 Page 2 fractions of pennies to fix the holes in floors, replace carpets, etc. If you decided you did not want the pro-rata pittance, you could opt out of this portion of the settlement at that time (a year or more from now)and begin the process all over again by suing the Defendants to receive money to repair your existing damages and compensate you for your past out-of-pocket expenses. Obviously, this settlement does not advance the ball, and it is just one more delay tactic by the Defendants. (4) Many housing units, subject to certain narrow exceptions, are excluded from recovery: homes with zero leaks,mobile homes over 10 years old,and single family residences over 13 years old. (5) Many people have allowed the Defendants' settlement group, the "PCG" or "Crawford and Co.,"to replumb their homes. They have shared with us the nightmare many of them suffered at the hands of this organization. This organization,or one structured just like it, will be responsible for replumbing all 6 million homes. Their efficiency is documented by this fact: In a certain PB case with 1500 units which was settled in September of 1994, only 750 units, to date, have been replumbed to the client's satisfaction. There are no provisions in the Cox settlement as to WHEN the replumbs must be completed. There is absolutely NQ incentive for the Defendants to"timely"complete the replumbing process,as it just means spending more money,and with no time deadlines ordered by the Court,why get in a rush!!!! (6) A similar class settlement that was also promoted by the Defendants has already been rejected by a Texas court. There are many other insufficiencies in the Cox settlement. This letter sets out only the most glaring inadequacies. If you would like additional information concerning the deficiencies in the Cox settlement,please call this office and ask for Debra Hayes,Mike Tisman,or Shannon Follis. They will be happy to discuss this matter with you. To protect the rights of homeowners in your city and to protect the city's property damage claim, you need to act now. The opt out deadline is now set for October 20, 1995. Please intervene in the Cox case and help your citizens and your state by opposing the grossly inadequate settlement the Defendants are proposing. Yours very truly, 6 ret f U George M.Fleming GMF:dkw PBF900.27 gmf 9.25.5 OFFICIAL PROCEEDINGS OF THE BOARD OF ADJUSTMENTS AND APPEALS Regular Session Shakopee,Minnesota October 5, 1995 MEMBERS PRESENT: Mars, Joos, Madigan, Bladow, Link, DuBois, and Christensen (Comm. Christensen arrived at 7:40 P.M.) MEMBERS ABSENT: None STAFF PRESENT: Paul Bilotta, Planning Director Terrie A. Thurmer, Assistant City Planner Julie Baumann, Planner I Nicole Bennett, Planner I Dave Nummer, Staff Engineer Clare Link, Recording Secretary 1. ROLL CALL Chairman Mars called the meeting to order at 7:30 p.m. Roll call was taken as noted above. 2. APPROVAL OF AGENDA The agenda was approved as submitted. 3. APPROVAL OF SEPTEMBER 7, 1995, MEETING MINUTES The minutes were approved as submitted. Commissioners Link and Bladow abstained from the vote due to their absence from the September meeting. 4. RECOGNITION OF INTERESTED CITIZENS Chairman Mars recognized anyone in the audience wishing to speak on any item not on the agenda. There was no response. 5. PUBLIC HEARING: TO CONSIDER AN APPLICATION FOR A CONDITIONAL USE PERMIT TO HAVE TWO (2) PRINCIPAL STRUCTURES ON ONE LOT; TO CONDUCT THE DISASSEMBLY OF BOAT MOTORS; AND THE RETAIL SALES OF BOAT MOTOR PARTS AND MARINE ACCESSORIES WITHIN A PORTION OF ONE OF THE PRINCIPAL STRUCTURES, LOCATED AT LOT 1, BLOCK 1, KOSKOVICH VALLEY PARK 1ST ADDITION The Assistant City Planner stated that the majority of the applicant's business consists of dissembling and wholesaling boat motor parts to other businesses. However, about 10% consists of selling parts and marina accessories to retail customers. All of the parts and accessories will be stored inside of the structures and the retail sales area will be limited to a 1,600 square foot area within the existing structure. The applicant is also proposing to construct a 5,520 square foot warehouse behind the existing structure. She stated that staff recommends the approval of the Conditional Use Permit, subject to the eight conditions discussed in the staff memo. Board of Adjustments and Appeals October 5, 1995 Page 2 Comm. Mars asked what the minimum lot size was within the Light Industrial Zone. The Assistant Planner replied that the minimum lot size when City services are available is one acre, and twenty acres when City services are not available. She added that the subject site is a platted lot of record. Glenn Nord, 207th Street, Lakeville; and Mark Hanson, Judicial Road, Prior Lake, were present to discuss their application. Mr. Nord reviewed the recommended conditions from staff. He stated that there have been several discussions of outside storage between themselves and City staff, and that staff indicated that outside storage of outboard motors would not be allowed on this site. There are presently name identification signs in two locations on the building and a name identification sign on the pylon. If this signage complies with City requirements, this is what the applicant would prefer to have. Mr. Nord stated that Mr. Hanson is happy to comply with the signage requirements. Mr. Nord also noted that additional blacktop will be provided on the site, and that only this business will operate at this site. He stated that all health and environmental codes will be met. He stated that the applicant is anxious to operate within the rules and regulations of the governing units. Commissioner Bladow asked if new boats would be sold at this site. Mr. Hanson replied that they will not. They may be selling only used boats and trailers. Commissioner Link asked if the proposed fence would be going up immediately. Mr. Hanson replied that it would. Commissioner Link asked if the proposed 6 foot high fence meets the City's height requirements. The Assistant Planner replied that it does. Commissioner Christensen arrived at 7:40 p.m. Motion: Commissioners Joos/Link offered a motion to close the public hearing. Vote: Motion carried unanimously. Motion: Commissioner Joos/Link offered Conditional Use Permit Resolution No. PC- 731, A Resolution Approving a Conditional Use Permit for Two Principal Structures on one lot; to Conduct the Disassembly of Boat Motors; and for the Retail Sales of Boat Motor Parts and Marine Accessories within a Portion of one of the Principal Structures, in the Light Industrial (I-1)Zone, subject to the following conditions: Board of Adjustments and Appeals October 5, 1995 Page 3 1. The operation shall limit the area devoted to the display and sale of products to no more than the 40 foot by 40 foot (1600 square foot) area designated on the site plan and attached to and recorded as a part of Conditional Use Permit No. 731; 2. The operation shall have no outside storage or display, or accessory structures; 3. The applicant shall submit a sign plan; 4. The site shall be designed to facilitate ingress, egress, and overall circulation, both for the development as a whole and for the individual buildings and structures within the development; 5. The site shall consist of structures that are owned, maintained, and operated under unified control in accordance with a plan which contains provisions providing for the enforcement thereof, 6. The operation shall meet all federal, state and City health code requirements; 7. The operation shall meet all federal, state and City environmental code requirements; and 8. The applicant shall provide the City with information regarding the nature and location of all explosive materials, and keep such information current. Vote: Motion carried unanimously. 6. OTHER BUSINESS No other business was on the agenda for discussion. 7. ADJOURNMENT Chairman Mars adjourned the meeting at 7:45 P.M. OFFICIAL PROCEEDINGS OF THE SHAKOPEE PLANNING COMMISSION Regular Session Shakopee, Minnesota October 5, 1995 MEMBERS PRESENT: Mars, Joos, Madigan, Christensen, Bladow, Link, DuBois MEMBERS ABSENT: None STAFF PRESENT: Paul Bilotta, Planning Director Terrie A. Thurmer, Assistant City Planner Nicole Bennett, Planner I Julie Baumann, Planner I Dave Nummer, Staff Engineer Clare T. Link, Recording Secretary 1. ROLL CALL Chairman Joos called the meeting to order at 7:45 p.m. Roll call was taken as noted above. 2. APPROVAL OF AGENDA The Agenda was approved as amended: Item 11 will be heard before Item 10. 3. RECOGNITION OF INTERESTED CITIZENS The Chair recognized anyone in the audience wishing to speak on any item not on the agenda. There was no response. 4. APPROVAL OF CONSENT AGENDA Motion: Commissioner Mars/Madigan offered a motion to approve the consent agenda. Agenda Item 6: Final Plat: To consider the final plat of Canterbury Pointe, located south of 4th Avenue and west of Sarazin Street. Agenda Item 12: Vacation: To consider the vacation of the drainage and utility easements in Lots 1 through 6, Block 3, Prairie Bend 1st Addition. Vote: Motion carried unanimously. 5. APPROVAL OF THE SEPTEMBER 7 MEETING MINUTES The minutes of the September 7, 1995 meeting were approved as submitted. Commissioner Bladow and Commissioner Link abstained from voting due to their absence from the meeting. 6. FINAL PLAT: TO CONSIDER THE FINAL PLAT OF CANTERBURY POINTE. LOCATED SOUTH OF 4TH AVENUE AND WEST OF SARAZIN STREET (EXTENDED) Approved on the consent agenda, subject to the following conditions: City of Shakopee Planning Commission October 5, 1995 Page 2 1. The following procedural actions must be completed prior to the recording of the Final Plat: a) Approval of title opinion by the City Attorney. b) Execution of a Developer's Agreement for construction of required public improvements: i) Water system to be installed in accordance with the requirements of the Shakopee Public Utilities Commission. ii) The City Engineer will reapportion the existing special assessments against the lots and the developer shall waive his right to appeal the reapportionment. c) The developer shall dedicate an additional 10 feet of easement on either side of the 20 foot drainage and utility easement between the driveway areas. 7. PUBLIC HEARING: TO CONSIDER AN AMENDMENT TO THE SHAKOPEE ZONING MAP TO REZONE LOTS 1, 2 AND 3, BLOCK 1. PRAIRIE HOUSE 2ND ADDITION FROM HIGHWAY BUSINESS (B-1) TO MAJOR RECREATION (MR). The Assistant City Planner stated that the applicant is requesting the rezoning of 22.73 acres of land from Highway Business to Major Recreation. This property was recently acquired for the expansion of the Valleyfair amusement park. The intent of the Major Recreation Zone is to require the planning of entire land ownerships as a unit. Since the original Valleyfair site is zoned Major Recreation, and the subject site has recently been acquired by the owners of Valleyfair, staff recommends that this site be rezoned to Major Recreation. Larry Griffith, 2200 Pillsbury Avenue South, Minneapolis and Walt Wittmer, General Manager of Valleyfair were present to discuss their application. Mr. Griffith spoke on behalf of his applicant. He noted that Valleyfair has purchased additional property adjacent to their present site. Motion: Commissioner Bladow/Christensen offered a motion to close the public hearing. Vote: Motion carried unanimously. Motion: Commissioner DuBois/Bladow offered a motion to recommend to the City Council the approval of the request to rezone the subject site to "Major Recreation", and move its approval. Vote: Motion carried unanimously. City of Shakopee Planning Commission October 5, 1995 Page 3 8. CONCEPT REVIEW: TO CONSIDER THE CONCEPT REVIEW FOR THE VALLEYFAIR PLANNED UNIT DEVELOPMENT. The Assistant City Planner stated that Cedar Fair, the owners of Valleyfair, are requesting that the Planning Commission review a proposed amendment to the Valleyfair PUD prior to the submittal of their application. The amendment would add 22.73 acres of land to their existing PUD to be developed with a motel and restaurant, as well as support facilities for the Valleyfair amusement park, such as employee housing and additional parking. The Planning Commission will be reviewing the formal application at their November meeting. She added that the "Action Requested" is to review and provide comments on the general layout of the proposed amendment to the Valleyfair PUD. Larry Griffith. 2200 Pillsbury Avenue South and Walt Wittmer. General Manager. Valleyfair were in attendance. Mr. Griffith discussed the proposal to take the 22.73 acres and use it as ancillary uses, such as a motel, dormitory, etc. He noted that the ground is high and there aren't any wetland problems or drainage issues. Commissioner Mars asked if this is where the new road goes in. Mr. Griffith replied that it is not. Commissioner Mars asked if the phasing would be over a number of years. Mr. Wittmer replied that it would and added that the proposed dormitory would be the first development. Commissioner DuBois asked where the actual high water mark is located on the site. Mr. Griffith replied that it is not in the floodway, but is in the flood fringe. The Assistant City Planner explained the definitions of floodway, floodplain and flood fringe. 9. TEXT AMENDMENT FOR "OUTDOOR STORAGE": TO CONSIDER AN AMENDMENT TO CHAPTER 11. THE ZONING CHAPTER, FOR A TEXT AMENDMENT TO ADD SECTIONS THAT WOULD ALLOW OUTDOOR STORAGE AS A CONDITIONAL USE IN INDUSTRY ZONES (PUBLIC HEARING CLOSED AT THE SEPTEMBER 7. 1995 MEETING AND THE DECISION TABLED TO OCTOBER 5. 1995). Planner I Bennett stated that at the September 7, 1995, Planning Commission meeting, a zoning ordinance text amendment was proposed by staff to revise the Conditional Use Permit Standards by adding standards for exterior storage. City of Shakopee Planning Commission October 5, 1995 Page 4 Commissioner Mars noted that there have been previous discussions related to fencing and questioned the change. Planner I Bennett replied that staff is proposing screening on right- of-ways. In response to a question from Commissioner DuBois, the Planning Director stated that outside storage is not allowed at this time Motion: Commissioner Mars/Madigan offered a motion to recommend to the City Council the approval of the proposed Zoning Ordinance Text Amendment. Vote: Motion carried unanimously. 11. PUBLIC HEARING: TO CONSIDER AMENDING SECTION 11.02 OF THE SHAKOPEE CITY CODE TO ADD A DEFINITION FOR "DENSITY" AS THE NUMBER OF UNITS ON A LOT DIVIDED BY THE LOT AREA. The Assistant City Planner stated that the legal department recommends that this definition be included in Subd. 5, "Design Standards" for each of the Agricultural and Residential Zones. Staff recommends that the public hearing be closed and that no action be taken on this agenda item. Motion: Commissioner Mars/DuBois offered a motion to close the public hearing. Vote: Motion carried unanimously. 10. TEXT AMENDMENT TO "DESIGN STANDARDS": TO CONSIDER AN AMENDMENT TO CHAPTER ll, THE ZONING CHAPTER, FOR A TEXT AMENDMENT TO REVISE THE DESIGN STANDARDS WITHIN THE RESIDENTIAL ZONES (PUBLIC HEARING CLOSED AT THE SEPTEMBER 7. 1995 MEETING AND THE DECISION TABLED TO OCTOBER 5. 1995). The Assistant City Planner stated that since the adoption of the new Zoning Ordinance, staff has encountered minor problems implementing the Design Standard section of the new regulations for the Agricultural and Residential zones. Therefore, staff is proposing amendments to Subd. 5, Design Standards, within each of these zones. The public hearing for these amendments was opened and closed at the September 7th meeting. At that meeting, the City Attorney had provided the draft ordinance on the table. To allow time to review the ordinance, the recommendation to the City Council was tabled to tonight's meeting. City of Shakopee Planning Commission October 5, 1995 Page 5 She added that, on the table tonight is a revised version of this draft ordinance, recently provided by the Legal Department. Staff is recommending that the Planning Commission recommend that portions of Chapter 11 be amended as proposed in this draft ordinance. Commissioner Joos asked if R-1A would still require a minimum lot area of 15,000 square feet. The Planning Director stated that staff was basically looking at a number that was similar to what was before. Commissioner Christensen asked if the language is being changed to be more readable rather than changing the basic philosophies. The Planning Director stated that the majority of the changes are basic housekeeping. He explained minor changes to the text. Commissioner Christensen asked if it means that you are setting up a standard, but if someone wants to change it and it's not out of sync with the area, it can be changed. The Planning Director stated that if the applicant can show that a change in setback is in harmony with other houses, it can be done. Commissioner Joos noted that all of them have basically decreased in size. He had a question on the R-2 zone, noting that 3950 square feet is very small for a lot. The Assistant City Planner stated that the current requirement is only 4000 square feet per unit. Commissioner DuBois stated that one of the concerns with small lots is that there isn't any room to expand. It also poses a problem when a builder is trying to build. She was curious as to why the lots were being reduced in size when other cities are increasing the size. The Planning Director stated that these are minimum size lots. He stated that the goal was to not force developers to build larger lots and structures but offer opportunity for various sized lots for more flexibility. Commissioner DuBois discussed her concerns about developing smaller lots. Commissioner DuBois stated that she would like to see a review of other cities that are comparable relating to lot sizes. The smaller the lots are, the more difficult it is to expand, and the more variances there will be. The Planning Director stated that a Low Density Residential (R-1A) Zone has not yet been established in Shakopee. He discussed the philosophical issue with determining what style homes will be permitted. City of Shakopee Planning Commission October 5, 1995 Page 6 Commissioner Joos stated that it is very important to him to maintain the diversity of the City as it relates to types of homes. Commissioner Christensen stated that she would hate to see us attract the kind of developer that doesn't care enough to build a quality home. She felt that we should be very careful so that the community doesn't look like a "fly-by-night" development. The Planning Director noted that a significant number of homes in the Old Shakopee Residential (R-1C) Zone would not be able to be built today given the existing setbacks. Commissioner DuBois stated that her concern is not Old Shakopee Residential (R-1C), but she asked if someone desired to take 2-3 homes and tear them down and put up whatever is allowable, could it be done. The Planning Director stated that rezoning would be required. Commissioner DuBois stated that there has to be another square footage requirement between 9000 and 15,000 square feet. The Planning Director stated that the Orrin Thompson piece near the hospital has a good portion of lots that have 80-90 foot lot widths, resulting in 12,000 square foot lots. Commissioner Bladow agreed that the lots shouldn't be cut down anymore than we have to. He noted that some of the homes in Old Shakopee will have to be removed in the future. He discussed his concerns about the Met Council. Commissioner Joos felt that the City should look at having some Low Density Residential (R-1A) zoning. That will take care of the Commission's concerns about square footage. Commissioner DuBois stated that the width of the lot is a real issue. She felt the lots should be made wider and shorter. The Planning Commission members and The Planning Director discussed the theories of zoning. Motion: Commissioner Mars/DuBois offered a motion to continue this item to allow staff time to gather additional information. Vote: Motion carried unanimously. City of Shakopee Planning Commission October 5, 1995 Page 7 12. VACATION: TO CONSIDER THE VACATION OF THE DRAINAGE AND UTILITY EASEMENTS IN LOTS 1 THROUGH 6, BLOCK 3, PRAIRIE BEND 1ST ADDITION. Recommended approval to the City Council as a part of the Consent Agenda. 13. OTHER BUSINESS A. Creation of New TIF Redevelopment District Planner I Bennett discussed a memo from the Assistant City Administrator which noted the creation of a new TIF district. The Planning Director stated that the timeline is to get this going as soon as possible. Commissioner DuBois asked if any governmental agencies have to approve the TIF District. The Planning Director stated that it will eventually have to go to the state. It can, however, begin with Council approval. Commissioner Christensen asked if anyone is giving any thought to the aesthetics of the concrete barricade in the area. The Planning Director stated that it should be taken care of. Motion: Commissioner Mars/Bladow offered a motion to recommend to City Council the adoption of Resolution 95-2, a Resolution Relating to Minnesota River Valley Redevelopment Project #1 Supporting the Establishment of Tax Increment Financing District #10 and the Adoption of a Tax Increment Financing Plan. Vote: Motion carried unanimously. The Planning Director stated that staff is continuing to work with Scott County to relocate the courthouse in the downtown area. The Planning Director welcomed Nicole Bennett and Julie Baumann to staff as the two new Planners. 14. ADJOURNMENT Chairman Joos adjourned the meeting at 8:50 p.m. BFB Waste Recycled paper Systems- BROWNING-FERRIS INDUSTRIES Pine Bend Landfill, Inc. October 2, 1995 Mr. Gary Laurent Mayor, City of Shakopee 128 South Fuller Shakopee,MN 55379 Dear Gary: As we discussed this afternoon,BFI acquired the compost facility located on Highway 169 outside of Shakopee about a year ago. Since then,we've committed over$750,000 in improvements to increase site efficiency and buffering. These improvements include building several pads for low height composting windrows. Previously, large compost piles were used on site which caused odor and quality control problems. The new windrow techniques will allow compost to be periodically turned and for moisture to be added. This will mean a better product in less time for BFI, and less odors for the neighborhood. Overall,our plans are to continue operation as a basic yard waste composting facility. We will accept leaves, grass, brush, stumps and pallets delivered by homeowners, landscapers and from BFI's own yard waste collection trucks. Incoming materials will be mixed,ground and then placed into windrow piles for composting. The material will then be screened and prepared for sale. Beginning the second week of October, we will start moving the existing piles into windrows. The process will take up to six weeks and may produce unpleasant odors. As I explained, I have informed the residents in the area either personally or via a letter that this will be happening. Please feel free to call me at work or home any time(card enclosed)I may be of help to you on any concern or question regarding our facility. Sincerely, Q � Judy Purman Compost Marketing Manager Enclosure 95029 2495 EAST 117TH STREET • INVER GROVE HEIGHTS, MINNESOTA 55077 • (612) 457-2778 # 1-/ • •- ood 's Municipal Credit Report Sh•:kopee, Minnesota September 28, 1995 New Issue General Obligation/Special Tax su8D: $4.330,000 $3,180,000 General Obligation Improvement Bonds, Series 1995A $1,150,000 General Obligation Storm Water Revenue Bonds,Series 1995B date: For bids October 3 Moody's rating: A credit comment: The A rating assigned to the general obligation bonds from the city-owned electric and water utilities of the City of Shakopee has been confirmed,based represent the largest portion of operating revenues; upon the following credit factors: tax collections have demonstrated a satisfactory col- Rapidly Growing Twin Cities Suburb With Sizable lection record.Fiscal 1994 results reveal the genera- Commercial Sector tion of a sizable General Fund surplus.Officials Shakopee is a second tier suburb of Minneapolis-St. report that year-to-date results for the current fiscal vl year appear better than original budgeted projections; Paul with a substantial and diverse tax base.The base consequently,an increase in the General Fund bal- includes a sizable commercial and industrial sector, which comprises almost 50%of the city's taxable ance is anticipated. valuation.Growth in the city is expected to continue, Although Declining,Debt Ratios Remain Above and probably accelerate,upon the imminent opening Average of the Bloomington Ferry Bridge,which will signifi- Overall debt ratios have declined in recent years,due cantly improve access to more fully developed inner to an aggressive amortization schedule.as well as ring suburbs.The socioeconomic profile of city steady growth in both property valuation and popula- residents,as measured by income levels and housing tion.Nevertheless,overall ratios remain above those values,is moderately above average. Scott County of comparable cities.Debt service comprises more • unemployment rates remain below the national than 40%of operating expenditures;however,the average. impact on the tax rate is alleviated by the significant Satisfactory Financial Operations, Principally additional support provided by tax increment revenue Supported By Property Taxes and special assessments.Projects identified in the city's$30 million five-year capital plan are princi- The city's financial position remains favorable,as exemplified by the maintenance of a General Fund pally funded from sources other than the issuance of balance that is sufficient to meet all of the city's cash general obligation bonds. flow requirements.Property taxes as well as transfers key facts: Debt Burden: 4.4% Debt per Capita: $2,270 Median: 2.9% Median: $1,190 011 simmem ill iiif4J1 _ 2 General Obligation/Special Tax September 28, 1995 Shakopee, Minnesota Payout, In 12 Years: 100.0% Undesignated General Fund Balance Per Capita Income, 1989, as%of General Fund Revenue, City: $15,018 1992: 33.0% State: $14,389 1993: 25.6% Population Growth, 1994: 25.1% 1970-80: 44.6% 1994 Sources of Revenue, 1980-90: 18.1% Taxes: 45.4% Unemployment Rate, Scott County, Transfers from Electric 1994: 3.4% and Water Utilities: 12.3% 7/94: 2.9% 1994 Items of Expenditure, 7/95: 2.8% Debt Service: 42.0% Average Annual Growth F.V., Public Safety: • 25.8% 1988-94: 3.0% Moody's Ratings, Full Value per Capita, 1994: $51,253 Shakopee Public Utilities Commission Ten Largest Taxpayers as%of Revenue Bonds dated 8/24/93, AMBAC: Aaa FY 1994 A.V.: 48.0% sale information: Legal Name of Issuer: Cityof Shakopee,Scott KeyContacts: P W�:? County,Minnesota. Chief Financial Officer: Greg M.Voxland, � Date of Bonds: November 1, 1995. Director of Finance(612)445-3650. Security: General obligation,unlimited tax;special Advisor: Springsted Inc., St.Paul, assessments levied upon benefited properties have (612)223-3000. also been pledged to the Series A bonds.Net reve- Bond Counsel: Dorsey&Whitney,Minneapolis, nues from the city's storm sewer system have also (612)340-2600. been pledged to the Series B Bonds. Auditor: Deloitte&Touche,LLP,Minneapolis, (FY 1994), (612)397-4000. . Use of Proceeds: Series 1995A will finance vari- ous improvement projects within the city. Series 1995B will finance improvements to the city's storm drainage system. rating history: August 1974: A August 1972: Baal analyst: Steven J.Bocamazo (212)553-7168 General Obligation/Special Tax September 28, 1995 ,3 • Shakopee, Minnesota debt factors: Debt Statement as of 9/27/95($000): Amount Bonded debt outstanding General obligation debt supported by taxes and/or special assessments $5,645 General obligation debt supported by tax increments 5,715 Revenue bonds 4,150 Electric utility revenue obligations 801 Current offering(10/3/95) General Obligation Improvement Bonds,Series 1995A 3,180 General Obligation Storm Water Revenue Bonds,Series 1995B 1,150 Gross bonded and gross direct debt $20,641 Less: • Revenue Bonds 4,150 Electric utility revenue obligations 801 - Direct net debt $15,690 Overlapping debt 17,314 Overall net debt $29,602 For additional information please refer to Moody's 1995 Municipal and Government Manual.page 3441. Defaults: No record found. Debt Ratios Rate of Retirement O Net Per % Median Principal Amount %of Debt Capita Median 0 F.V. %0 Amount Due ($000) Total Direct $1,203 $ 639 2.3 1.5 In 5 years $ 9,525 60.7 Overall 2,270 1,190 4.4 2.9 In 10 years 15,150 96.6 01995 median for cities with population 10.000 to 24.999. In 12 years 15,690 100.0 D General obligation bonds only. Structure: Generally declining annual debt service fies projects valued at$30.1 million.City officials requirements after peak in 1998.Rapid rate of project regular general obligation improvement bond retirement. issuance over the next few years. CIP/Future Borrowing: Annually updated five-year capital plan.The preliminary 1996-2001 plan identi- administrative Form of Government: Mayor-council form of gov- ered by a defined benefit pension plans administered factors: ernment.Mayor elected to a two-year term and five by the Public Employees' Retirement Association council members elected to overlapping four-year (PERA);contributions totaled$21 1.038 in fiscal terms. City administrator,appointed by city council, 1994. is chief administrative officer. Litigation: No significant litigation reported. Public Employees: Currently 66 full-time and 42 part-time employees.All eligible employees are cov- 4General Obligation/Special Tax September 28, 1995 Shakopee, Minnesota property Shakopee vale il;i•n and State tax d;•;a: Taxable Indicated Tax Market Tax Assessment Capacity % Value % Capacity Levy %Collected Year ($000) Change ($000) Change Rate(%) (000) Current Total 0 1990 9.662 -9.0 588,885 12.2 23.43 2,484 96.6 98.7 1991 9.672 0.1 M 529,555 -10.1 23.98 2,647 97.4 98.7 1992 9,942 2.8 616,976 16.5 28.16 3,115 94.8 98.5 1993 10.448 5.1 649.219 5.2 27.10 3,256 98.6 99.2 1994 1 I,358 8.7 668.385 3.0 25.25 3,263 In process In process 0 Decline due to an increase in the sales ratio from 84.3%to 98.8%. ❑O Collected as of June 30.1995. 1994 State Indicated Market Value: $668,384,780 Average Annual Growth F.V., 1988-94: 3.0% 1994 Equalization Rate: 88.7% 1994 I.M.V.per Capita: $51,253 T.C. FY 1994 „,QT, Largest Taxpayers Business ($000) �-;,-.R.M. Northern States Power Company Utility $937 Rahr Properties,Inc. Malting company 906 K-Mart Corporation Warehouse and retail store 859 Canterbury Park Holding Company Racetrack 646 Tsumura International Manufacturing 537 Cedar Fair Limited Partnership Valleyfair Amusement Park 531 Opus North Corporation Industrial 320 Certain-Teed Products Corporation Asphalt shingles 269 Minneapolis Northstar Auto Auction Auto auction facility 240 Wesray Container Associates Glass manufacturing 209 economic Population:Shakopee factors: Area %Change Year Population (sq.mi.) Density City County State U.S. Norms 1970 6.876 3 2.292 - 48.0 11.5 13.3 13.0 1980 9.941 28 356 44.6 35.0 7.1 11.4 40.6 1990t❑ 00 11,739 26 444 18.1 32.1 7.3 9.8 25.6 Source:U.S.Census Bureau 17 Land area in 1990 can indicate an area change without a boundary change due to new measurement technique. 131994 population estimated at 13.041 by the Metropolitan Council. Location: Northeastern Scott County,approxi- mately 25 miles southwest of Minneapolis. s General Obligation/Special Tax September 28, 1995 5 Shakopee, Minnesota t Population and Housing Characteristics:Shakopee Norms State U.S. 1980 1990 1990 1990 1990 Population: Median age 26.7 30.5 34.0 32.5 32.9 %school age 24.0 19.8 17.7 19.0 18.2 %working age 58.4 63.3 61.4 60.8 61.7 %65 and over 8.5 8.8 ,13.6 12.5 12.6 No.persons/household 3.0 2.7 2.6 2.6 2.6 Income: Median family income $23,826 $42,062 $41,242 $36,916 $35,225 %below poverty level 6.6 5.1 9.4 . 10.2 13.1 %children below poverty level - 5.1 12.5 12.7 18.3 Per capita income $7,653 $15,018 $16,081 $14,389 $14,420 Housing: %vacant - 0.1 0.9 5.7 3.0 %owner occupied 70.6 70.7 66.3 71.8 64.2 %built before 1939 - 11.5 16.9 24.5 18.4 "�'' %built since last census - 26.2 18.8 18.5 20.7 Owner occupied median value $62,800 $86,200 $104,502 $74,000 $79,100 Median gross rent - $487 $501 $422 $447 Occupied housing units 3,226 4,163 - - - Source:U.S.Census Bureau. Labor Market Characteristics:Scott County - Labor Total %Unemployed Year Force Employed County State U.S. 1991 34,311 32,591 5.0 5.1 6.7 . 1992 34,901 33,254 4.7 5.1 7.4 1993 35,668 34,043 4.6 5.1 6.8 1994 37,161 35,900 3.4 4.0 6.1 7/94 37.444 36,351 2.9 3.7 6.2 7/95 37.396 36,357 2.8 3.4 5.9 Source:Local Area Unemployment Statistics(LAUS).Bureau of Labor Statistics. Monthly estimates are not seasonally adjusted. LAUS estimates starting in January 1994 are conceptually different from those available for earlier periods. Per Capita Income Income %Change City as%of Year City City State State U.S. 1979 $ 7.653 - 145.2 102.7 104.9 1989 15,018 96.2 93.1 104.4 104.1 6 General Obligation/Special Tax September 28, 1995 Shakopee, Minnesota • Largest Employers Employees Employer Business 1994 Valleyfair Entertainment center 17 67-1200 Shakopee Valley Printing Newspaper 415 K-Mart Corporation Distribution center 400 Scott County Government 403 Independent School District No.720 Education 390 St.Francis Regional Medical Center Health care 363 Certain-Teed Corporation Asphalt shingles mfg. 300 • Wesray Glass Container Glass container mfg. 285 Toro Company Turf care products . 275 Tsumura International Manufacturing 215 Shakopee Friendship Manor Corp. Nursing home 150 Conklin Company,Inc. Chemicals mfg. 114 Chemrex Chemical distribution 110 Source:Official Statement. O Higher number represents seasonal peak. financial factors: Operating Funds Financial Performance(fiscal years ended 12/31 $000)E %Change 1992 1993 1994 1992-93 1993-94 Revenues $7,836 $8,510 $9,138 8.6 7.4 Expenditures 7,658 8,137 9,256 6.2 13.7 Operating surplus(deficit): (226) (162) 662 - - O General and Debt Service Funds.(modified accrual method of accounting). 00 General Fund only. 1994 Sources of Revenue % 1994 Items of Expenditure Taxes 45.4 Debt service 42.0 Transfers from Electric and Water Public safety 25.8 Utilities 12.3 General government 14.0 Miscellaneous 10.7 Public works 11.0 Intergovernmental 9.1 Recreation] 6.9 Special assessments 8.7 Charges for services 8.5 Licenses and permits 4.5 General Obligation/Special Tax September 28, 1995 7 Shakopee, Minnesota General Fund Financial Position(fiscal years ended 12/31 $000) 1992 1993 1994 Cash and investments $2,043 $1,923 S2,472 Operating loans - Other current liabilities 0 522 552 518 Year-end cash surplus $1,521 $1,371 $1,955 Receivables 191 178 266 Fund balance l]$1,728 $1,566 $2,228 Undesignated fund balance $1,728 $1,566 $1,578 Fund balance as%of revenues 33.0 25.6 35.5 Undesignated fund balance as%of revenues 33.0 25.6 25.1 0 Net of deferred revenue. ©Includes S87.752 of residual equity transfer. 8300W01 • • • ©Copyright 1995 by Moody's Investors Service.Inc..99 Church Street.New York.New York 10007. 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The credit ratings. if any. constituting pan of the information contained herein are, and must be construed solely as. statements of opinion and not statements of fact or recommendations to purchase. sell or hold any securities. NO WARRANTY, EXPRESS OR IMPLIED, AS TO THE ACCURACY, TIMELINESS, COMPLETENESS. MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE OF ANY SUCH RATING OR OTHER OPINION OR INFORMATION IS GIVEN OR MADE BY MOODY'S IN ANY FORM OR MANNER WHATSOEVER.Each rating or other opinion must be weighed solely as one factor in any investment decision made by or on behalf of any user of the information contained herein.and each such user must accordingly make its own study and evaluation of each security and of each issuer and guarantor of.and each provider of credit support for.each security that it may consider purchasing.holding or selling. Pursuant to Section 17(b)of the Securities Act of 1933.MOODY'S hereby discloses that most issuers of debt securities(including corporate and municipal bonds.debentures.notes and commercial paper)and preferred stock rated by MOODY'S have.prior to assignment of any rating.agreed to pay to MOODY'S for appraisal and rating services rendered by it fees ranging from S1.000 to S350.000. S- , IIIIIIIItAl October 9. 1995 SHAKOPEE CERTIFIED MAIL: October 9, 1995 Thomas L. Hennen. Auditor Scott County Board of Commissioners Scott County Courthouse 428 Holmes St. S. Shakopee, MN 55379 RE: City of Shakopee, Mn Public Hearing on Proposed Establishment of Tax Increment Financing District No. 10 and the Adoption of a Tax Increment Financing Plan. Dear Mr.Hennen and Commissioners: The City of Shakopee would like to establish a Redevelopment Tax Increment Financing District on Blocks 3 & 4 in Downtown Shakopee. The purpose of the proposed redevelopment district would be to stimulate economic revitalization of the downtown area. Pursuant to Minnesota Statutes, Section 469.175, Subd. 2-4, the County Board of Commissioners and School Board must be notified of the estimated"fiscal and economic"impact of the proposed financing plan and district. A copy of the proposed tax increment financing plan and estimated fiscal and economic impact has been enclosed. The City Council has scheduled a public hearing on this issue for Wednesday,November 8, 1995 at 7:00 P.M. at the Shakopee City Hall. City staff would be happy to meet with you in advance of the public hearing if you have any concerns or comments. Feel free to contact me at 445-3650 if you believe it would be appropriate to meet and discuss this issue further. If you would like to respond with any comments in writing,please forward them to me in advance of the public hearing. Sincerely, B A. Stock Ass't City Administrator Enclosure: Proposed Tax Increment Financing Plan for Tax Increment District No. 10 CC: Gary L. Laurent, Mayor, City of Shakopee Ifilithaeill 'eat*Preajemt,Shakopee EDA COMMUNITY PRIDE SINCE 1857 • 129 Holmes Street South• Shakopee,Minnesota• 55379-1351 • 612-445.3650 • FAX 612-445-6718 Illaill SHAKOPEE October 9. 1995 CERTIFIED MAIL: October 9, 1995 Mr. Robert Ostland, Superintendent Members of the School Board I.S.D. #720 505 Holmes St. South Shakopee, MN 55379 RE: City of Shakopee, Mn Public Hearing on Proposed Establishment of Tax Increment Financing District No. 10 and the Adoption of a Tax Increment Financing Plan Dear Mr. Ostland and Board Members: The City of Shakopee would like to establish a Redevelopment Tax Increment Financing District on Blocks 3 & 4 in Downtown Shakopee. The purpose of the proposed redevelopment district would be to stimulate economic revitalization of the downtown area. Pursuant to Minnesota Statutes, Section 469.175, Subd. 2 -4, the County Board of Commissioners and School Board must be notified of the estimated"fiscal and economic"impact of the proposed financing plan and district. A copy of the proposed tax increment financing plan and estimated fiscal and economic impact has been enclosed. The City Council has scheduled a public hearing on this issue for Wednesday,November 8, 1995 at 7:00 P.M. at the Shakopee City Hall. City staff would be happy to meet with you in advance of the public hearing if you have any concerns or comments. Feel free to contact me at 445-3650 if you believe it would be appropriate to meet and discuss this issue further. If you would like to respond with any comments in writing, please forward them to me in advance of the public hearing. Sincerely, /I % B A. Stock Ass't City Administrator Enclosure: Proposed Tax Increment Financing Plan for Tax Increment District No. 10 CC: Gary L. Laurent, Mayor, City of Shakopee Michael Beard, President, Shakopee EDA COMMUNITY PRIDE SINCE 1857 • 129 Holmes Street South. Shakopee,Minnesota• 55379-1351 • 612-445-3650 • FAX 612-443-6718 10/09/95 MON 15:48 FAX 16123402644 DORSEY WHITNEY dirrimmmwmimm TAX INCREMENT FINANCING PLAN TAX INCREMENT FINANCING DISTRICT NO. 10 1. Application. This Tax Increment Financing Plan (the "TIF Plan") applies to Tax Increment Financing District No. 10 of the City ("TIF District No. 10") established within Minnesota River Valley Redevelopment Project No. 1 of the City (the "Redevelopment Project"). 2. Property Ipcluded in TIF District. The following real property is included in the TIF District: Lots 1 through 5, Block 3, and Lots 1 through 5, Block 4, Original Plat of the City of Shakopee. These lots and blocks are divided into twelve tax parcels whose tax parcel numbers and most recently determined estimated market value is as follows: Block No. PID Nos, EMV Block 3 27-001034-0 $238,700 27-001035-0 87,200 27-001037-1 58,300 27-001037-0 37,500 27-001038-0 94,900 Block 4 27-001050-0 98,500 27-001046-0 18,400 27-001046-1 22,800 27-001045-0 40,200 27-001047-0 26,000 27-001047-1 29,000 27-001048-0 60,100 $811,600 3. Type of District. The TIF District qualifies and is designated as a "redevelopment district" within the meaning of Minnesota Statutes, Section 469.174, Subdivision 10, because the following condition exists and is reasonably distributed throughout the TIF District: Each of the twelve tax parcels in the TIF District has buildings and improvements located on it, and more than 50% of the buildings are structurally substandard to a degree requiring substantial renovation or clearance, within the meaning of Section 469.174, Subdivision 10. Studies and analyses used to make this determination are as follows: Report of Building Official, Fulton Schleisman, dated September 25, 1995. 11111. 10/09/95 MON 15:48 FAX 16123402644 DORSEY WHITNEY . 007 4. Statement of Objectives. The objectives to be accomplished by the City in establishing the TIF District are as follows: (1) to provide for the restoration, relocation or demolition and removal of the structures located on the property in the TIP District, depending upon cost and other factors; (2) to provide for the elimination of multiple ownership of the property in the TIF District, and varying types of development and non-conforming uses on the property; (3) to provide for the sale of the property to a private developer for redevelopment into mixed retail and commercial use; (4) to provide for increased job opportunities in the TIF District and the City; and (5) to provide for increased ad valorem tax base in the TIF District and the City. 5. Development Program. The City, acting by and through its Economic Development Authority, will take such actions as are permitted by law to accomplish the objectives set forth in Section 4, including but not limited to the following: a. acquisition of all real property in the TIF District not owned by the City; b. relocation of the residents and the businesses currently occupying the property acquired; c restoration, relocation or demolition and clearing of the structures now located on the property, depending upon cost and other factors; d. the elimination of any environmental problems identified on the property; e. rezoning of the property, as necessary; f. solicitation of development proposals for the property, and negotiation and execution of a redevelopment agreement with a private developer providing for the purchase and redevelopment of the property; g. construction of local improvements needed to serve the property; h. the establishment of wage and job goals with respect to the redevelopment provided for in the redevelopment agreement; and i. financing of the foregoing activities by borrowing existing tax increment or other available funds from the City and/or the issuance of bonds of the City. -2- 10/09/95 MON 15:49 FAX 16123402644 DORSEY WHITNEY 008 Contracts currently in effect with respect to the above-described activities in the TIF District are as follows: contract with Conworth, Inc. to negotiate for acquisition of property and to provide relocation services. 6. Development; Timing. Development of the property within the TTF District for mixed retail and commercial uses is expected to occur within three (3) years after adoption of this plan. 7. Project Cost. The cost of the redevelopment activities to be undertaken by the City is presently estimated to be as follows: Type of Cost Estimated Amount Land acquisition $1,400,000 Structure demolition 250,000 Relocation 250,000 Public improvements 100,000 Financing and Cap. Int. 150,000 Administrative _175.000 $2,325,000 Bonded indebtedness may be incurred up to $2,750,000. Tax increments available from other tax increment financing districts in the Redevelopment Project or other available moneys will be borrowed by the TIF District and used temporarily to finance activities in the TIF District. Such tax increment loans will be repaid with interest from tax increments derived from the TIF District or the proceeds of TIF Bonds issued in anticipation of such tax increments. Other sources to be used to finance project costs include the City's contribution as provided in section 8. 8. City Contribution to Project cos .tThe City elects to make a qualifying local contribution to the cost of the project in accordance with Minnesota Statutes, Section 273.1399. The amount of the contribution shall be equal to 7.5% of the present value of the tax increment derived from the TIF District. 9. Captured Tax Capacity. The net tax capacity of all property in the TIF District as most recently determined is $37,334. Upon completion of redevelopment of the property in the TIF District, the estimated tax capacity of.the property in the TIF District is expected to be$276,000 and the captured net tax capacity of the TIF District is expected to be$238,666. 10. Duration of TIF District,_Tax Increments. The TIF District is expected to continue in effect until the earlier of (1) 25 years after the date of receipt of the first tax increment or (2) the payment of all public costs of the redevelopment project provided for in this plan. -3 - 10/09/95 MON 15:49 FAX 16123402644 DORSEY WHITNEY li1)009 11. Estimate of Impact on Other Taxing jurisdictions. The City's alternate estimates of the impact of tax increment financing on the net tax capacities of all taxing jurisdictions in which the TIF District is located are as follows: -4- 10/09/95 MON 15:49 FAX 16123402644 DORSEY WHITNEY eolo -t O R a A a, V "Z N F N c 3 Qen C- w 7 • a K4 f1 0 to 9- 79 .. O 0 ' li N -. wfl. gI�_ n U, o ow O ak o w m IS m "aa J1 tra41 i m A mm Z Ta w c } a . W HI 1V m 0 a fN W to N N y 10 w 40 ow .y r �� �1 . N yN�, i E_ n 1 1 O. Cr g 2 i § ; O n N -. (0 v etc A VI 0 m _ g Ow 5. ' �a o A w o 'e e . m a 0 . Z V p pa-+ -� a � 0 0 kt �, GI o � g act b IA mi � / 1100 sr i0• bj Ui •• v b 61,o0 m A 8 R 00 aft E I 4.1mg _ 8 0 w la . sto � �A �x a 0 gc, p 11 B A 0 - ga m - ( p , ZP �► O D 7 - 1211_a.� $ aNa N A 0. bJ a 21 El �ff _ n ( V 4 H - 3 f'/co. ' I, N W = : 1 N .d kb X S W � _ a - . ! Pt -3 P a m K it X iR m r Qi 0 v a ° i : t 18! ?la . • + f F x ., fag Zow .� ompl . g :-114161 .5 IA 1 $ l 8 ii $I S00/6000 'L u1T40 V ,casaoq "4- 'DNI a3.LS5NIU5 ZooC CZE zT9 rid S6:6T S6/0/60 • . . . . . . . • . . . .. • . ' . " .. . , -• - - . • • . • • • . • . . . . • • . . . - . . . . . • • . „ 1 I I. . • ...".....""."< "1111117'511 .-}------.......„1:er....... • - ' • • / . . 101 :.... .. . • - . . ( ...--.....- II 3 11Ad31^11^10S 7.--,..,„--,.......--;:v.-...., ...-.,-..„..„:„.„ - ....,..-:.,:.;.,-.-...„.....,.., :......„..s.-„,.,..„,.: ...,.....,-.5,,...-1,.. 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MINUTES OF THE SHAKOPEE PUBLIC UTILITIES COMMISSION The Shakopee Public Utilities Commission convened in regular session on September 5 , 1995 at 4 : 30 P .M. in the Utilities meeting room. MEMBERS PRESENT: Commissioners O'Toole, Vierling and Unseth. Also Liaison Sweeney, Administrative Assistant Adams, Manager Van Hout and Secretary Menden . Motion by Vierling, seconded by O'Toole that the minutes of the August 7 , 1995 regular meeting be approved as kept . Motion carried. Motion by Vierling, seconded by Unseth that the minutes of the August 21 , 1995 adjourned regular meeting be approved as kept . Motion carried. BILLS READ: City of Shakopee 42 ,000 . 00 Advanced Mailing Systems 360 . 00 ARAMARK 126 . 00 Ballantine, Inc . 52 . 96 Bentz Construction, Inc . 1 ,770 . 00 Big A Auto Parts 36. 74 Border States Electric Inc . 3 ,030 . 14 Business Essentials, Inc . 774 . 20 City of Shakopee 1 , 977 . 81 Cooperative Power 49,810 . 82 Crown Marking, Inc . 57 . 85 DCA, Inc . 150 . 00 Ditch Witch of Minn . , Inc . 239 . 63 Feed-Rite Controls , inc . 1 ,228 . 98 Glenwood Inglewood 10. 09 Gopher State One-Call , Inc . 477 .89 Graybar Electric Co. , Inc . 6 , 170.81 H.M. Cragg Co. 199. 08 Carole Halmrast 483 . 90 Hance Cable Testing and Locating, Inc . 372. 30 Kaeding and Assocites, Inc . 1 ,678 . 97 League of Minn. Cities Ins . Trust 100 .00 Leef Bros . , Inc . 25 . 67 MMPA Minnesota American Water Works Assoc . 140 .00 Minnegasco 26 . 79 Minnesota Dept . of Labor 30 . 00 Minnesota Valley Testing Labs, Inc . 257 . 00 Mooney and Associates 229 . 99 Motor Parts Service Co. , Inc . 73 . 10 Northern States Power Co. 332 . 32 Northern States Power Co. 1 ,666 . 67 Northern States Power Co. 1 , 727 . 42 Norwest Bank, NA 100,000. 00 Petersen-Wisdorf, Inc. 18,774. 55 Pitney Bowes, Inc. 269 . 18 RESCO • 7 ,769 . 20 Richmar Construction, Inc . 84 , 331 . 67 Ries Heating and Sheet Metal 183 . 55 Schoell and Madson, Inc. 8,631 . 58 Scott County Sheriff 951 . 30 Shakopee Public Utilities Commission 1 ,950 . 30 Shakopee Public Utilities Commission 67 . 20 Shakopee Public Utilities Commission 120. 32 Southam Business Communications, Inc . 117 . 50 Dean Struck 164. 40 Starks Cleaning Services 108 . 63 TKDA, Inc . 247 .80 T & R Service 136 . 00 Total Tool 349 . 89 Voss Lighting 828. 18 Waste Management 6,880 . 00 Waste Management-Savage 78. 13 Water Pro 91 . 30 Joel R. Webster 47 . 90 WESCO 8,836 . 31 Wild Iris 119 . 51 Wheeler Lumber Operations 7 , 997 . 94 Elmer Whipps 31 . 60 Yarusso' s Hardware Co. 24 . 24 Motion by Vierling, seconded by Unseth that the bills be allowed and ordered paid . Motion carried. Commissioner O'Toole reported on a communication from Jon Albinson, a member of the committee for the Grand Opening of the Bloomington Ferry Bridge making a request for a cash donation towards the grand opening. The Commission will look into the legal aspects of a cash donation . Manager Van Hout reported on a communication from the Environmental Quality Board notifying SPUC of public meetings to reassess the Environmental Quality Board' s structure and charge and how they can integrate . Co O'Toole 0 Toole also reported on calls he has received from businessmen in the downtown area on the downtown undergrounding. He has referred these people to Joe Adams to answer their questions. Liaison Sweeney gave his report . He reported on the proposed levy from the City of Shakopee. Richard Wicka, Brian Weinreis and Steve Norberg representatives fromSt . Francis Regional Medical Center were present to discuss the pumphouse/Booster Station issue. Ken Adolf, Schoell and Madson was also present to discuss the same issue. The main issues discussed were fire protection and lack of generation at the pumphouse. After a lengthly discussion it was decided that the representatives from St . Francis would go back to the City inspection department and get specific details as to the nature of the problems that would allow them to get an occupancy permit when the time arrived . A pay request number 5 from Keys Well Drilling was presented to the Commission . There are numerous issues involving Well No. 9 which must get resolved before the last payment is issued to the contractor. The Commission has requested Schoell and Madson to factor in delays in beginning the job due to well site not being available and certain delays in completion and come back to them at the next commission meeting so they can better understand how to proceed from this point . Motion by Vierling, seconded by O'Toole to approve Pay request No. 5 from Keys Well drilling in the amount of $7 ,054. 70 . Motion carried . The issues involving completion of this job will be addressed before any more payments are made. Dave Nummer, City of Shakopee was present to propose to the Commission that a modification of the penalty clause to the Contract for the watermain crossing of the bypass to the St . Francis Regional Medical Center. Motion by Vierling that the Shakopee Public Utilities Commission is in agreement with addendum No. 1 subject to the awarding of the contract . Upon further discussion the motion was withdrawn . Motion by Vierling, seconded by Unseth to adopt the changed addendum #1 to the agreement between the Shakopee Public Utilites Commission, St . Francis Regional Medica]. Center and the City of Shakopee. Motion carried. An agreement with Northern States Power Co. regarding engineering fees was presented to the Commission by Manager Van Hout . It involves a fee to the Shakopee Public Utilities of $20,000 . 00 for engineering work to be done on their transmission lines in anticipation of the new substation . Motion by Vierling, seconded by Unseth to sign the agreement with Northern States Power Co. subject to the approval of the language stating that this is a returnable fee if the substation does go forward . Motion carried. The extension of . a facilities agreement with Northern States Power Co. which allows access to our Blue Lake Substation in the amount of $1, 666 . 00 /month was presented to the Commission by Manager Van Hout . Motion by Vierling, seconded by Unseth to agree to the extension of the facilities agreement thru December, 1995 . Motion carried. SPUC has retained Greystone Construction Co. as construction manager for the renovation of the SPUC building including the new roof . Motion by Vierling, seconded by Unseth that the meeting be adjourned to September 18, 1995 . Motion carried. The next regular meeting of the Shakopee Public Utilities Commission will be held on October. 2, 1995 in the Utilities meeting room. Motion carried . Barbara Menden, Commission Secretary , ,„, -4 7 CITY OF SHAKOPEE BUILDING ACTIVITY REPORT - SEPTEMBER 1995 September 1995 September 1994 No. No. Valuation No. No. Valuation Month Y.T.D. Y.T.D. Month Y.T.D. Y.T.D. Single Family-Sewered 9 96 9,574,221 13 120 11, 016,708 Single Family-Septic 3 19 3,526,840 5 19 3,815, 167 Multiple Dwellings - 9 4,435,778 - 4 1, 193,504 (# Units) (YTD Units) (-) (88) - (-) (16) - Dwelling Additions 9 142 718,700 8 114 536, 107 Other 2 11 316, 169 - 14 1,446,828 New Comm. Bldgs 1 7 17, 234, 000 1 8 1,462,716 Comm. Bldg. Addns. - 1 35, 000 - 2 250,000 New Industrial-Sewered - - - 1 3 5, 244, 000 Ind. Sewered Addns. - 1 205, 000 1 4 920,000 New Industrial-Septic - - - - 1 175, 000 Ind. Septic Addns. - - - - - - Accessory/Garages 4 23 222, 348 6 37 337, 625 Signs & Fences 4 68 149,747 12 90 192,646 Fireplaces/Wood Stoves - 3 4,200 2 11 19, 139 Grading/Foundation - 10 948,554 1 14 744,970 Moving 1 3 - - 3 - Razing - 10 25,985 - 3 11, 150 Remodeling (Res. ) 6 51 466,213 3 37 249, 667 Remodeling (Comm/Ind. ) - 29 1, 087,944 2 30 2, 383,619 TOTAL 39 483 38,950, 699 55 514 29,998,846 No. YTD. No. YTD. Electrical 55 445 39- 425 Plumbing & Heating 64 495 46 551 Total dwelling units in City after completion of all construction permitted to date 5, 397 eq- CITY OF SHAKOPEE BUILDING PERMITS ISSUED IN SEPTEMBER, 1995 11445 Alan Hentges 1218 Minnesota Street Deck $ 2,240 11446 David Ostermann 2402 Hauer Trail Deck 1,900 11447 King Homes 501 Market Street House 80,000 L 1 B 11, Milwaukee Manor 1st 11448 Olympic Pools 222 So. Lewis Street Fountain 8,000 11449 Diversified Const. 1653 Mark Court House 153,648 L 4 B 2, Weinandt Acres 2nd 11450 Cormac Suel 531 E. Shakopee Avenue Garage 11,088 11451 Jim Berger 1311 Minnesota Street Garage Addn. 3,800 11452 Monnens Custom Bldrs. 1262 Miller Street House 87,111 L 13 B 2, Parkview 1st 11453 Krebs Construction 1176 Jackson Street Deck 2,225 11454 Rich Logeais 1437 Homestead Street House 92,851 L 3 B 1, Homestead Ridge 2nd 11455 Novak Fleck 224 Bluestem Avenue House 80,454 L 13 B 1, Meadows West 1st 11456 Les TenEyck 2488 Hauer Trail Deck 1,000 11457 Randy Engler 1325 Thistle Lane Deck 1,050 11458 Robert Greeley 734 Dakota Street Deck 500 11459 Novak Fleck 145 Bluestem Avenue House 76,288 L 7 B 2, Meadows West 1st 11460 Novak Fleck 286 Foxglove Lane House 77,678 L 1 B 2, Meadows West 1st 11461 Sheila Solberg 430 E. 5th Avenue Addition 18,461 11462 Bakken Homes 2428 Peace Circle House 200,000 L 5 B 3, Chateau Ridge 11463 Stanley Mach 916 Ramsey Street Fence 1,500 11464 John Klingelhutz 1887 Greenway Avenue House 101,946 L 5 B 5, Prairie Bend 1st 11465 Michael Thompson 2110 Heritage Drive Remodel 4,000 ✓ ,. 11466 Triple D Home Impr. 1328 Pondview Court Remodel 9,000 11467 Ron Cor Construction 2103 Bridge Crossing Remodel 8,000 11468 Sunset Homes Corp. 1844 Greenway Avenue House 97,974 L 3 B 6, Prairie Bend 1st 11469 Chamber of Commerce 1801 Highway 101 Sign 3,500 11470 Classics Plus 1513 County Road 18 Sign 1,200 11471 Fritz Menden 2544 Lakeview Drive Addition 11,112 11472 Larry Pieper 1204 Limestone Drive Window/Fireplace 2,500 11473 Kevin Hennes 815 East 4th Avenue Garage 4,224 11474 Steven Garwood 225 East 5th Avenue Remove Porch 137 11475 K. A. Witt Const. 1665 Dalles Drive House 126,000 L 8 B 1, Parkview 1st 11476 Nordquist Sign 1105 Shakopee Town Square Sign 4,650 11477 Richard Rodenberg 706 West 7th Avenue Garage 5,200 11478 Krebs Construction 384 Alexander Court Porch/Deck 10,250 11479 Robert Walker 1402 Sage Lane Remodel 9,576 11480 Donald Tietjen 7480 Highway 101 Office/Service 120,000 11481 Alan Hohenstein 1042 Pierce Street Window 1,000 11482 Laurent Builders 2604 Lakeview Drive House 210,000 L 1 B 3, Stonebrooke 1st 11483 Tom Hennes 815 East 4th Avenue Moving Total $1,630,063 �l0 MEMO TO: Dennis R. Kraft, City Administrator FROM: Bruce Loney, Public Works Director SUBJECT: Metropolitan Council Environmental Services Selection Committee Appointment DATE: October 10, 1995 COUNCIL MEETING DATE: October 17, 1995 NON-AGENDA INFORMATIONAL ITEM: Attached to the memo is a letter from William G. Moore, General Manager of Wastewater Services, from the Metropolitan Council Environmental Services(MCES) to Dennis Kraft, City Administrator of the City of Shakopee in regard to the (MCES)project on designing and building solid handling facilities for the Blue Lake and Seneca plants. This project will determine how waste water solids are handled and processed for the next century. This committee will be responsible for establishing the selection process in which proposals will be solicited for the solid handling procedures for the plants mentioned. The selection process from this committee should be completed by late 1996. I have notified Bill Johnson of the MCES that I will be serving on this committee for the City of Shakopee as you have requested. BL/pmp COMMITTEE OCT 04 '95 13 14 HARRIET P.1 Metropolitan Council Working for the Region, Planning for the Future September 12, 1995 Environmental Services Mt �i� . City of Shakopee 129 Holmes St. S. Shakopee, MN 55379 Re: Blue Lake/Seneca Solids Project- MCES Project No. 910200 Dear Mr. Kraft: The Metropolitan Council recently authorized staff in the Environmental Services Division to solicit design/build proposals for the Blue Lake and Seneca Plant Solids Handling Project. The project will determine how wastewater solids are handled and processed well into the next century at MCES' two treatment plants on the Minnesota River. In a departure from past practice, the proposals from private industry will help the Council insert a higher degree of competition into the Council's decision-making process for future wastewater service delivery. The solicitation and selection process should be complete in late 1996. MCES would like to invite the City of Shakopee to participate in this process. We would like to form a Community Advisory Committee with representation from the cities of Shakopee and Eagan and both Scott and Dakota counties. This committee of two representatives from each city and county would identify local issues and provide input to assist MCES staff in the preparation of selection criteria and performance standards for the project. At least one of the representatives from each city and county should be professional staff with expertise in the areas of Public Works, Environmental Services or Planning. In addition to representation on this committee,MCES would also like Shakopee to participate on the Selection Committee. This six-member committee will have one member from Shakopee, one member from Eagan and four staff members from various Metropolitan Council departments. Shakopee's representative should also be selected from the professional staff of the city. Bill Johnson, MCES' project manager, will contact you next week to answer any questions that you may have and also to schedule a"kick-off' meeting for each of the committees. If you wish to contact Mr. Johnson with any comments, he can be reached at 229-2168. Sincerely,() .0) Wt.tiktA,1 -PA"\-----,.. Post-k"Fax Note 7671 Date `to-4cutes. 1_ 7 ra` coy K slip� co. vvC_£.S William G. Moore Phone 0 PnonsL-7_q_•-2— (,V General Manager, Wastewater Services Fra Fsx� 4>-(ter{ 1'g ---- WGM:BJP:LRH:WJJ:skf L59 cc: Bruce Loney, Shakopee Neil Peterson, Metropolitan Council Bill Johnson, MCES 230 East Fifth Street St.Paul,Minnesota 55101-1633 (612) 222-8423 Fax 229-2183 TDD/TWY 229-3760 An Egan'Opportunity k.m $Oyer #1/ CITY OF SHAKOPEE ENGINEERING DEPARTMENT MONTHLY PROGRESS REPORT FOR SEPTEMBER, 1995 Respectfully Submitted 4., 42./ Bruce A. Loney Public Works Director PROJECT START COMPLETE STATUS COMMENTS Category I - Projects Under Construction 1. Upper Valley Drainage 9/93 99% See Narrative Section 2. Pierce Street 6/94 95% See Narrative Section 3. Alley in Block 51 7/95 100% See Narrative Section 4. Vierling Drive,Adams St. 7/94 99% to Presidential Lane 5. Murphy's Landing Lift Stations 9/94 99% 6. Sarazin Street(Viking Steel Rd.) 4/95 90% See Narrative Section 7. Downtown Alley Reconstruction 5/95 65% See Narrative Section 8. P&V Reconstruction 7/95 85% 9. Fuller Street 8/95 50% 10. County Road 16 Utilities 8/95 25% 11. St. Francis Sewer&Water Extension 10/95 0% Const. Starting 10/10/95 12. River District Sewer Rehabilitation 10/95 0% Const. Starting in October Category II- Projects In Design 1. Vierling Drive-C.R. 79 to C.R. 77 5/95 8/95 100% In-House Design (Plans Complete) 2. Millpond Water Quality Improvement 5/95 10/95 95% OSM Design Category III - Projects Under Study 1. C.S.A.H. 18 Connection 11/93 10% See Narrative Section 2. Maras Street 6/94 12/95 15% See Narrative Section 3. St. Francis Streets 6/95 11/95 15% See Narrative Section and Storm Sewer 4. St. Francis Storm Sewer Outfall 3/95 11/95 20% See Narrative Section Category IV- Development Projects In Review 1. Orrin Thompson Pre-Application 2. Hauer's 5th Addition Preliminary Plat 3. Market Place 2nd Addition Final Plat 4. Meadows North Preliminary Plat 5. Pinewood Estates P.U.D. Concept 6. Canterbury Pointe Final Plat 1 PROJECT START COMPLETE STATUS COMMENTS Category V - Private Subdivision Construction 1. Maple Trails 6/93 9/94 100% Warranty Period 2. Dominion Hills 6/93 9/94 85% Wear Course Remaining 3. Stonebrooke 2nd Unknown Unknown 0% 4. South Parkview 2nd 6/94 5/95 99% 5. Homestead Ridge 1st 5/93 9/94 100% Warranty Period 6. Homestead Ridge 2nd 9/94 10/95 99% Punch List Items Remaining 7. Minnesota Valley 8th 9/94 10/95 99% Punch List Items Remaining 8. Meadows West 1st Addition 9/94 10/95 99% Punch List Items Remaining 9. Prairie Bend 9/94 10/95 95% Restoration and Wear Course Remaining Category VI - Special Projects 1. CSAH 16 Scott County Plans 8/95 7/96 10% Construction Started 3. Mn/DOT Shakopee Bypass 8/95 6/97 20% Construction Started Segment 2 4. MCWS Sewer Interceptor 8/95 6/96 20% Construction Started 5. Local Transportation Plan RFP's 8/95 11/95 10% Work Scope Being Defined Please refer to the attached narrative section for a more detailed discussion on several of the projects. 2 NARRATIVE SECTION Catezory 1 - Projects Under Construction 1. Upper Valley Drainage Project-Phase II and Shakopee Bypass Drainage Facilities This project is essentially complete except for clean up and miscellaneous items. Work on Jasper Road(vacated)is nearly complete with restoration items remaining. Final cleanup restoration items of the channel is dependent upon the dryness of the soil in the channel. 2. Pierce Street Public Works crews have removed the existing pavement and regraded the new alley. The alley paving has been done with restoration work remaining. 3. Alley in Block 51 The project is complete. 6. Sarazin Street(Viking Steel Road) Roadway construction, sidewalks and turf restoration is essentially complete. Minor restoration areas and street striping items have not been completed. 7. Downtown Alley Reconstruction The concrete duct bank is installed for the entire project except by Pablo's. Restoration of alleys is nearly complete. Anticipated semi-final completion by November 15, 1995 with underground system energized by November 30, 1995. The service conduits are being installed to the buildings. 3 8. P&V Reconstruction The project is nearly complete with bituminous wear course and boulevard restoration work items remaining. 9. Fuller Street All utilities have been installed with street subgrade preparation being worked on. Wet weather at the end of September has slowed progress. 10. County Road 16 Utilities Blasting for rock excavation is proceeding with installation of sewer lines by Upper Valley Drainageway commencing. 11. St. Francis Sewer&Water Extension Contract has been awarded to Minger Construction with a start date of October 10, 1995. Contractor is planning to complete the sewer and water lines by November 15, 1995. 12. River District Trunk Sewer Council has awarded a contract to Barbarossa & Sons, Inc. and work will begin shortly. Category No. 2 - Projects in Design 1. Vierling Drive Plans are complete and bids were rejected at the September 19, 1995 Council meeting. Project will be rebid over the winter months for a spring construction. Category No. 3 - Projects Under Study 1. County Road 18 Connection 4 This feasibility report is on hold due to the recent court decision which has prevented the County from bidding this project. 2. Maras Street A feasibility report has been ordered on this project. There are still two remaining properties that have not dedicated the street. The feasibility report will also identify future street alignment alternatives in order to determine all additional right-of-way needs. Also, the storm water drainage into Savage needs to be reviewed and addressed. Staff will be asking Council approval for additional surveying and drainage engineering services to complete the study. 4. St.Francis Streets and Storm Sewer The feasibility report will be prepared by OSM for Sarazin Street and 17th Avenue along with the storm sewer outfall from St. Francis site to Mn/DOT linear pond. A study for a Stormwater Trunk Charge will be proceeding in the next few weeks. 5 : t3 TO: Dennis R. Kraft, City Administrator FROM: Gregg Voxland, Finance Director SUBJ: Investment Report DATE: October 11, 1995 Attached is a revised investment report for city funds. This is prompted by new guidelines and the revised investment policy which will be coming to Council soon for review. The information was previously supplied to Council with the Annual Report but will now be provided more frequently. At the top of the report are the weighed average yield and the weighted average maturity of the portfolio excluding the investment pools. The columns on the report are: Column one is the type of investment; commercial paper, US Treasuries, Federal Home Loan, Tennessee Valley Authority, etc. The 4M and the Norwest are investment pools for cash flow purposes of very short term. Column two is the purchase date of the investment. Column three is the final maturity date. Column four is the yield which is a combination of coupon rate, premium and/or discount. Column five is the amount at which the investment is carried on the books in the current year. It is the beginning of year accreted value or the purchase cost of an investment bought during the year. Adjustments to carrying value versus accreted value are made at year end. Column six is the approximate accreted value. This shows the adjustment for the amortization of premium or discount during the year. Several of the investments are on a stripped or zero coupon basis. They do not pay interest during the year but income is earned or recognized by amortizing the discount over time to show that the investment will mature at a higher amount than for which it was purchased. Column seven is the current estimated market value from the safekeeping custodian. Column eight is the principal amount of the investment which is the amount it will pay at maturity. Column nine is the rate at which interest is paid for those investment that pay interest periodically. MONTH END CITY OF SHAKOPEE, MINNESOTA Average Yield= 5.94 percent INVESTMENTS Average Maturity= 3.5 years 10/1/95 Printed 11-Oct-95 1995 10/1/95 9/30/95 PAR INV Purchase Maturity Yield Carrying Basis Accreted Basis Market VALUE COUPON FHLMC 06/14/93 09/15/02 6.05 1,605,029.21 1,598,783.07 1,579,069.80 1,540,000.00 6.77 FICO 02/02/93 08/03/01 6.70 1,668,328.77 1,761,774.98 1,729,700.00 2,500,000.00 NA FHL 09/21/95 09/21/00 7.00 500,000.00 500,000.00 499,920.00 500,000.00 7.00 USTR 02/17/93 08/15/00 6.15 1,272,054.07 1,335,266.46 1,310,443.44 1,752,000.00 NA FHLM 04/19/94 04/19/99 6.55 1,000,000.00 1,000,000.00 1,012,340.00 1,000,000.00 6.55 FHLM 08/11/95 02/23/99 6.50 502,956.25 491,739.08 493,065.00 500,000.00 4.95 FICO 11/30/92 02/03/99 6.50 901,323.27 946,355.27 936,893.50 1,150,000.00 NA FHLM 07/15/93 11/15/98 5.25 1,195,789.33 1,244,433.47 1,185,998.50 1,450,000.00 NA FICO 07/15/93 11/02/98 5.24 228,096.70 237,348.41 229,356.00 276,000.00 NA FNMA 09/29/93 09/28/98 4.92 1,450,000.00 1,450,000.00 1,405,557.50 1,450,000.00 4.92 FHLB 06/23/95 07/30/98 6.00 408,329.44 392,693.19 391,375.00 400,000.00 5.40 FHLM 07/07/93 07/07/98 4.80 600,000.00 600,000.00 590,640.00 600,000.00 4.8 TVA 09/15/95 05/15/97 6.40 466,298.55 467,645.96 467,561.00 517,500.00 NA TVA 06/05/95 11/15/97 5.52 1,891,076.20 1,926,054.21 1,876,733.50 2,160,045.00 NA REFCO 08/10/95 10/15/97 6.07 999,768.64 1,008,689.24 1,012,263.47 1,139,000.00 NA USTN 06/02/95 07/31/97 5.97 1,012,676.54 995,025.48 994,060.00 1,000,000.00 5.5 CP 07/27/95 10/05/95 5.79 989,013.89 989,013.89 989,013.89 1,000,000.00 NA 4-M 01/01/00 5,268.49 5,268.49 5,268.49 5,268.49 None Norwest 01/01/00 642,987.95 642,987.95 642,987.95 642,987.95 None Total 17,338,997.30 17,593,079.16 17,352,247.04 19,582,801.44 1 #14 MEMO TO: Dennis R. Kraft, City Administrator FROM: Barry A. Stock,Assistant City Administrator RE: Tax Increment Financing Plan- TIF District#10 -Non Agenda Info DATE: October 10, 1995 INTRODUCTION AND BACKGROUND: On October 3, 1995 the Shakopee EDA recommended to City Council approval of a Tax Increment Financing Plan for the proposed Tax Increment District#10. At that time,the EDA suggested several amendments to the Financing Plan. Attached is a copy of the Tax Increment Financing Plan which incorporates the comments and suggestions that were made by the EDA. The Financing Plan as drafted will be presented at the public hearing on November 8, 1995 for City Council approval. The amendments that have been incorporated relate to the possible renovation of structures. Additionally, language has been incorporated that provides for the possible issuance of bonds for this project. ACTION REQUESTED: Review the Tax Increment Financing Plan as amended. If you feel certain areas have been neglected in terms of the discussion held at our last EDA meeting,please contact me accordingly. TAX INCREMENT FINANCING PLAN TAX INCREMENT FINANCING DISTRICT NO. 10 1. Application. This Tax Increment Financing Plan (the "TIF Plan") applies to Tax Increment Financing District No. 10 of the City ("TIF District No. 10") established within Minnesota River Valley Redevelopment Project No. 1 of the City (the "Redevelopment Project"). 2. Property Included in TIF District. The following real property is included in the TIF District: Lots 1 through 5, Block 3, and Lots 1 through 5, Block 4, Original Plat of the City of Shakopee. These lots and blocks are divided into twelve tax parcels whose tax parcel numbers and most recently determined estimated market value is as follows: Block No. PID Nos. EMV Block 3 27-001034-0 $238,700 27-001035-0 87,200 27-001037-1 58,300 27-001037-0 37,500 27-001038-0 94,900 Block 4 27-001050-0 98,500 27-001046-0 18,400 27-001046-1 22,800 27-001045-0 40,200 27-001047-0 26,000 27-001047-1. 29,000 27-001048-0 60,100 $811,600 3. Type of District. The TIF District qualifies and is designated as a "redevelopment district" within the meaning of Minnesota Statutes, Section 469.174, Subdivision 10, because the following condition exists and is reasonably distributed throughout the TIF District: Each of the twelve tax parcels in the TIF District has buildings and improvements located on it, and more than 50% of the buildings are structurally substandard to a degree requiring substantial renovation or clearance, within the meaning of Section 469.174, Subdivision 10. Studies and analyses used to make this determination are as follows: Report of Building Official, Fulton Schleisman, dated September 25, 1995. 4. Statement of Objectives. The objectives to be accomplished by the City in establishing the TIF District are as follows: (1) to provide for the restoration, relocation or demolition and removal of the structures located on the property in the TIF District, depending upon cost and other factors; (2) to provide for the elimination of multiple ownership of the property in the TIF District, and varying types of development and non-conforming uses on the property; (3) to provide for the sale of the property to a private developer for redevelopment into mixed retail and commercial use; (4) to provide for increased job opportunities in the TIF District and the City; and (5) to provide for increased ad valorem tax base in the TIF District and the City. 5. Development Program. The City, acting by and through its Economic Development Authority, will take such actions as are permitted by law to accomplish the objectives set forth in Section 4, including but not limited to the following: a. acquisition of all real property in the TIF District not owned by the City; b. relocation of the residents and the businesses currently occupying the property acquired; c. restoration, relocation or demolition and clearing of the structures now located on the property, depending upon cost and other factors; d. the elimination of any environmental problems identified on the property; e. rezoning of the property, as necessary; f. solicitation of development proposals for the property, and negotiation and execution of a redevelopment agreement with a private developer providing for the purchase and redevelopment of the property; g. construction of local improvements needed to serve the property; h. the establishment of wage and job goals with respect to the redevelopment provided for in the redevelopment agreement; and i. financing of the foregoing activities by borrowing existing tax increment or other available funds from the City and/or the issuance of bonds of the City. -2- Contracts currently in effect with respect to the above-described activities in the TIF District are as follows: contract with Conworth, Inc. to negotiate for acquisition of property and to provide relocation services. 6. Development; Timing. Development of the property within the TIF District for mixed retail and commercial uses is expected to occur within three (3) years after adoption of this plan. 7. Project Cost. The cost of the redevelopment activities to be undertaken by the City is presently estimated to be as follows: Type of Cost Estimated Amount Land acquisition $1,400,000 Structure demolition 250,000 Relocation 250,000 Public improvements 100,000 Financing and Cap. Int. 150,000 Administrative 175,000 $2,325,000 Bonded indebtedness may be incurred up to $2,750,000. Tax increments available from other tax increment financing districts in the Redevelopment Project or other available moneys will be borrowed by the TIF District and used temporarily to finance activities in the TIF District. Such tax increment loans will be repaid with interest from tax increments derived from the TIF District or the proceeds of TIF Bonds issued in anticipation of such tax increments. Other sources to be used to finance project costs include the City's contribution as provided in section 8. 8. City Contribution to Project Cost. The City elects to make a qualifying local contribution to the cost of the project in accordance with Minnesota Statutes, Section 273.1399. The amount of the contribution shall be equal to 7.5% of the present value of the tax increment derived from the TIF District. 9. Captured Tax Capacity. The net tax capacity of all property in the TIF District as most recently determined is $37,334. Upon completion of redevelopment of the property in the TIF District, the estimated tax capacity of the property in the TIF District is expected to be $276,000 and the captured net tax capacity of the TIF District is expected to be$238,666. 10. Duration of TIF District; Tax Increments. The TIF District is expected to continue in effect until the earlier of (1) 25 years after the date of receipt of the first tax increment or (2) the payment of all public costs of the redevelopment project provided for in this plan. -3 - • 11. Estimate of Impact on Other Taxing jurisdictions. The City's alternate estimates of the impact of tax increment financing on the net tax capacities of all taxing jurisdictions in which the TIF District is located are as follows: -4 - -i 9 ti CO C) 9 a _J X N N O 0 s.o Q c� C w c Cl) cm Q 6+ w v '� n • cmro m m x cocn 9 m ? @ a H -o N m a .. o n g _ O " co, 37 G co II. m 3 41 0 CD a C) W c O . cnU W c n m - g p ra z -I - 0 4.1t mc a.— �; = m m n ct �• I cn v '< X Cr c(n o {o N - iir 0 O ~ O -o W I, g. CDD o 0 N rti co `", 0 O n -Ci ro na in 71 n ' rm l 0•m. m77 zi . � 0) Vl N O tG oD w = CO SI cii 2N °' V iv iv W 9e 0 .c 00 —iota O ' O cUm --^I > _ * cn Civ a 3 g l' $ C7 m 1 a * x * aF -vy womm = � � nD+m =5 41 1:3 CD 700 o �� n x3 CO g n o m .e n. rs S. -`G0Omz i w w i e30 0 Et as o O c c m — m o v Z --I8 0m i ° � f o o I -V0 �p1� v, O O I .� tpN irT h ° = x- 'P mmw I eiro s a o crt _-- � � '6. pp maz m w m Z w m_ p G.� I'4 y .7 * m• ° co ^ - 0 0 0 W y—I � ' cry c C ' 41. A O C r R. O m �t�ppo x a O N --NI . aR j '"� a O N N N N w C' S „ a ccb • -wry 2 'i 4 — W — w z O ET d co aw , I 3 m R. m �` � w 0 p' w a y�p I comic m `�' �c m m to y N O tb 7 N v 0 `19 2 O O m C c • c c i rQo �{ p)1 g j = 0 �, N a - so C C S ; A) co 01 2 a o w c 0 cr. !Cr 17D y� aR ae aE g— o a - am Ir- S 7. ^. c �CD � CO o m d -� c '0I a A i . ro 2 7 V I co rD yC 5 2 33 r) I $4 3° 7 a al A a m C 7 m co- ... 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Cal 0 to a 0 Z ad H U) U) r, U i H H H W ►�- U) I W Cli H ,..1 i r-I4 M tH c4 0 W MO U zetC N W A Z 01 131 E., c o � o H M IA 0 Memorandum Date: 10/17/95 To: Mayor and Members of the Shakopee City Council From: Mark Erickson Subject: Doug Bell Harassment Restraining Petition On October 5, 1995, we had the hearing on whether the Court could order that Mr. Bell be restrained from personally contacting City Hall or certain councilmembers. I feel our witnesses did a very good job explaining to the court what happened and relating their concerns about Mr. Bell. The Court requested the attorneys to submit a legal memorandum to summarize their cases and address any legal issues. The Court particularly wanted the parties to address the constitutional issues since the Petitioners were requesting that Mr. Bell be restrained from a public building. The Court will take the matter under advisement and issue an order at a later date. On October 12, 1995, our office submitted a memorandum. If you would like a copy of the brief please contact our office. The memorandum argues that a harassment restraining order is appropriate given Mr. Bell's repeated contacts and threats to city staff and councilmembers. Speech that occurs in public place can be regulated by reasonable time,place, and manner restrictions,which are not aimed at silencing ideas . In this case, the City's purpose is not to silence Mr. Bell's ideas, rather to protect the privacy and security of city officials and employees. Mr. Bell also has alternative means to express himself, since the City was not asking that Mr. Bell be prevented from sending written letters. I feel we presented our best case to the Court, now all we can do is wait and see what the Court orders. [bellmem.doc] ME/ME 10/3/95 1 OFFICIAL PROCEEDINGS OF THE SHAKOPEE CITY COUNCIL ADJ. REG. SESSION SHAKOPEE, MINNESOTA SEPTEMBER 19, 1995 Mayor Laurent called the meeting to order at 7:02 P.M. with Cncl. Brekke, Beard, and Sweeney present. Cncl.Lynch was absent. Also present: Barry Stock, Assistant City Administrator; Karen Marty, City Attorney; Judith S. Cox, City Clerk; Paul Bilotta, Planning Director; Bruce Loney, Public Works Director/City Engineer; and Dave Nummer, Staff Engineer. Items added to the Agenda: 13a) Precinct 4 Polling Place. 13b) Cable TV Reception. Items deleted from the Agenda: lld) Assessment Agreement for 1996. 14) Executive Session. Sweeney/Brekke moved to approve the Agenda as modified. Motion carried unanimously. Liaison reports were given by Councilmembers. Mayor Laurent gave the Mayor's report. Mayor Laurent asked if anyone present wished to speak on any item not on the Agenda. There was no response. Items added to Consent Business: 10b) Hearing on An Appeal of the Board of Adjustment and Appeals' Denial of A 2.5 Foot Variance. ili) Filling Planner I Vacancies. Items deleted from Consent Business: 10a) Amendment to The Planned Unit Development for Prairie Bend, Ordinance No. 428 and Preliminary Plat Approval for Canterbury Pointe lying South of 4th Avenue and West of Sarazin St. Sweeney/Beard moved to approve the Consent Business as modified. Motion carried unanimously. Sweeney/Beard moved to approve the Minutes of August 15, 1995. (Motion carried under Consent Business) . Paul Bilotta stated that the PUD portion of the Preliminary Plat for Canterbury Pointe would not be addressed at this time. Beard/Sweeney offered Resolution No. 4294, A Resolution Of The City Of Shakopee, Minnesota, Approving The Preliminary Plat For Canterbury Pointe, and moved its adoption. Motion carried unanimously. w Official Proceedings of the September 19, 1995 Shakopee City Council Page -2- Sweeney/Beard moved to table the Appeal of the Decision of the Board of Adjustment and Appeals regarding PC-724, Variance: 2.5 Foot Variance to the 20 Foot Side Yard Setback Requirement in the Rural Residential (RR) Zone to the October 3, 1995 Meeting of the Shakopee City Council. (Motion carried under Consent Business) . Paul Bilotta stated that Klingelhutz Development Company is requesting approval of the Preliminary Plat for Market Place 2nd Addition. He stated that there is an issue regarding ownership which does not affect the Preliminary Plat and explained that the City would not be involved in the matter. Approval of the Preliminary Plat for Market Place 2nd Addition, was recommended subject to conditions. Sweeney/Brekke offered Resolution No. 4296, A Resolution Of The City Of Shakopee, Minnesota, Approving The Preliminary Plat for Market Place 2nd Addition, and moved its adoption. Motion carried unanimously. Sweeney/Beard offered Resolution NO. 4297, A Resolution Of The City Of Shakopee, Minnesota, Amending The 1980 Comprehensive Plan And The Draft 1995 Comprehensive Plan To Designate The North One-Half Of Block 169, Shakopee Plat, As Single Family Residential, and moved its adoption. (Motion carried under Consent Business) . Sweeney/Beard offered Resolution No. 4298, A Resolution Of The City Of Shakopee, Minnesota, Approving Amendment No. 1 To The Final Plat For Parkview 1st Addition, and moved its adoption. (Motion carried under Consent Business) . Sweeney/Beard moved to direct the appropriate City Officials to contact the County Engineer and initiate the process necessary to extend the 30 MPH speed zones on Spencer and Adams Streets to points south of Mound Street and Tahpah Park (Motion carried under Consent Business) . Sweeney/Beard moved to remove the vacation of a portion of Spencer Street lying North of TH 101 from the table. Motion carried unanimously. Paul Bilotta stated that this issue had been tabled in order to allow additional time to evaluate the proposal. He explained that the trail segment occupies all of the right-of way that could possibly be used by the applicant. Due to the grade in the area the cost of relocating the trail would be prohibitive. City staff is recommending that this vacation request be denied, and that the entire 80 foot wide right-of-way remain under the control of the City to facilitate connecting the trail segment to the Department of Natural Resources trail along the Minnesota River. Official Proceedings of the September 19, 1995 Shakopee City Council Page -3- A discussion relating to the intent of the applicant to improve the appearance of the slope ensued. The option of granting a vacation but retaining a trail easement was discussed. Paul Bilotta stated that if the applicant were interested the option could be pursued. Cncl. Brekke asked if there was a plan to link the trail with other trails south of the area. Paul Bilotta stated that staff would be reviewing issues with the trail plan in relation to the bypass. He explained that this issue will also be discussed as Scott-Hennepin counties are also looking for a way to get trails through Shakopee's downtown existing trail area. Staff was not convinced that the goal of the City and that of the applicant were exclusive of each other. Paul Bilotta stated that if the applicant could provide a drawing showing the actual location of his plans in relation to the trail, other options could be considered. Cncl. Sweeney suggested tabling discussing in order to allow staff to address concerns. Jim Perry, 415 E 1st Avenue, approached the podium. He presented a drawing of the area and stated that he is in the process of obtaining a bid on the wall. He would like to construct 4 foot tierd wall that would be consistent with the property. Mr. Perry plans to move his dental office into the Wild Iris area and to expand the building to provide more rental space. This would require approximately 45 to 50 additional feet which would extend to the trail. It was suggested that staff and Mr. Perry meet to discuss options, setbacks, trail relocation and cost of participation. Paul Bilotta stated that staff needs to know the number of feet that the applicant would want to be vacated. Sweeney/Beard moved to table discussion on the vacation of Spencer Street north of Hwy 101 until the second meeting in October. Motion carried unanimously. Sweeney/Beard moved to direct staff to remove the temporary parking lot in Huber Park. Motion defeated unanimously. Official Proceedings of the September 19, 1995 Shakopee City Council Page -4- Cncl. Sweeney stated concerns in not recognizing that this is a City-owned parking lot on City property. He suggested directing staff to prepare a memo stating this to the owners of the abutting property. He also suggested no action on the parking lot until the Huber Park Plan is complete in order to avoid digging up any improvements to the parking lot. Sweeney/Brekke moved to direct staff to prepare a memo informing property owners who abut the temporary parking lot in Huber Park that it is a City-owned parking lot on City-owned property and that they should not assume any future property rights. Karen Marty suggested that the parking lot be signed as a public parking lot. Motion carried unanimously. Sweeney/Beard offered Resolution No. 4302, A Resolution Of The city Of Shakopee, Minnesota, Approving a Premises Permit For The Minnesota Multiple Sclerosis Society, and moved its adoption. (Motion carried under Consent Business) . Sweeney/Beard moved to approve Bills in the Amount of $1, 650, 638. 65. (Motion carried under Consent Business) . Bruce Loney stated that Upper Valley Drainageway Trail corrections from County Road 79 to Vierling Drive have been designed by Orr- Schelen-Mayeron & Associates. He explained that the trail was designed in the field and no water was in the pond at the time of construction of the trail. To correct the situation, the redesign is proposing to raise the trail approximately two feet above the normal water level of the pond to make the trail usable for much of the year. Other issues in design involve a trail slope steeper than 8% recommended by MN/Dot for a maximum slope. The maximum slope of any area of the trail determines the level of accessibility for the trail. Staff recommends installing appropriate signage on the trail to alert the public of a steeper than normal slope as a more cost effective solution. Handicap ramps with curb cuts at the trail connections to City streets was also recommended by the State Council on Disability Guidelines. Other design considerations in regard to the trail connections of the Upper Valley Drainage trail from Mint Circle involve a pedestrian bridge rather than raising the trail and adding low flow pipes which reduce the channel's hydraulic capacity. A 36 ' wide pedestrian bridge was proposed at a cost of $24 , 000. Official Proceedings of the September 19, 1995 Shakopee City Council Page -5- There are four potential trail connection crossings of the Upper Valley Drainage trail with future development. The Meadows West 1st Addition trail connection has not been paved as yet. The option of running the trail along side the drainage way and meeting up with the trail at another point rather than directly into the drainage way, and the impact of low flow pipes was discussed. Mr. Loney explained that the MPCA originally did not want low flow pipes installed. The issue of having pedestrians walk a short distance to a crossing and the high cost of a pedestrian bridge were discussed. Cncl. Sweeney inquired as to what policies were currently in place to avoid similar problems in the future. Paul Bilotta stated that this is a level of service policy. A discussion relating to situations when trails or bridges are feasible or practical ensued. A discussion relating to establishing a policy that would give staff direction based on criteria ensued. Brekke/Sweeney moved to direct staff to prepare a policy for trail connections across the Upper Valley Drainage channel to the Upper Valley Drainage trail which would allow staff to make decisions based on criteria, and begin to look at areas where connections are not currently provided that can be provided in a feasible manner and identify those areas. Motion carried unanimously. Sweeney/Beard moved to direct staff to obtain quotes for the Bituminous Path Reconstruction from County Road 79 to Vierling Drive and to construct the work as outlined on the attached plan. (CC Doc #230) . Bruce Loney stated that the cost could come out of the Upper Valley- Drainage Project. Motion carried unanimously. Brekke/Beard moved to direct staff not to install bituminous trail connections in areas where a foot bridge would be required to cross the trail. Motion carried unanimously. Beard/Sweeney moved to direct staff to hold the monies in escrow for the trail connection in The Meadows West 1st Addition that we are not paving at this time. Motion carried unanimously. Official Proceedings of the September 19, 1995 Shakopee City Council Page -6- Sweeney/Beard moved to adopt a policy on traffic control as follows: a) Requests for traffic control are directed to the City Engineer. b) The City Engineer will review the request, and determine if the study is warranted. If so, a recommendation to the City Council to order the study would be made. c) If it was determined that the study was not warranted, the resident could then appeal that decision to the City Council. (Motion carried under Consent Business) . Sweeney/Beard moved to lift the moratorium on stop sign requests. (Motion carried under Consent Business) . Mayor Laurent stated that the County Board is scheduled to discuss the location of a new criminal justice facility on September 26, 1995. Several areas of interest which will affect the location of this facility were discussed. Consensus of Council was to present the following to the County Board of Commissioners at their September 26th Meeting: 1. It was the consensus of City Council to agree to take the necessary steps to adopt a Planned Unit Development for the courthouse campus so that the County Board would have, not only at the present, but also future assurance of how the development pattern around the courthouse could occur. 5. It was the consensus of City Council to agree to reevaluate the zoning ordinance requirements relative to parking and determine if a realistic reduction in parking spaces could be achieved. Specifically, there is some question as to the number of spaces required by the ordinance relative to the jail vs. the actual number of spaces needed for this facility. 2 . It was the consensus of City Council to agree to participate to the extent necessary to assemble parcels of land for courthouse expansion, and sell them to Scott County. 6. It was the consensus City Council to agree to acquire additional properties around the periphery of the courthouse as they become available for sale, to be used for joint parking for the City and the County 3 . It was the consensus of the City Council to consider funding the location of utilities around the site as to allow for the development of a county campus which will not be intruded into by streets. Official Proceedings of the September 19, 1995 Shakopee City Council Page -7- 4 . It was the consensus of City Council to agree that the City will not charge that part of the building permit fee which represents City employee labor, but will charge fees for those costs which are passed through such as the sewer access charge, water access charge, and the building permit surcharge. Dave Nummer, City Engineer, approached the podium and presented possible scenarios for the new courthouse and addressed traffic flow issues. He also stated in connection with utilities, that only 1-2 blocks would require relocation. Mayor Laurent stated that the tax numbers that staff is working on for the two different sites (downtown v. industrial area) are coming up similar to the numbers of the county. Art Bannermann, County Commissioner, approached the podium and stated that the County plan does not include buying and condemning property at this time. The plan is to have the two crucial blocks available when the space is needed and to put those home owners on notice so that when they decide to sell or move the County could then buy them out. The proposed area meets the space needs the County is looking for. A discussion regarding concerns of threatening to acquire property ensued. The County Board sees a time-line of approximately three years from the time a decision to construct a building until it is occupied. Cncl.Sweeney stated that the Scott County Criminal Justice Facility is a three stage plan (I - justice center, II - new jail (10-20 yrs) , III - increase in the size of the administrative center) and will occur over a substantial time frame. Mayor Laurent will incorporate the consensus of the Council on the items discussed into a letter to go to the County Administrator on Thursday for the County Board meeting on September 26th. Sweeney/Beard moved to appoint Julie Baumann and Nicole Bennett to fill the vacant Planner I positions at Step 1 of the Pay Plan, following successful completion of all pre-employment procedures with a starting date of October 2, 1995. (Motion carried under Consent Business) . Sweeney/Beard moved to authorize the appropriate City officials to execute a contract amendment to the 1994 Clerical, Technical and Custodial Unit Contract establishing a pay schedule for the Customer Service Representative position with a 1994 top step that is 3 . 1% less than the 1995 top step established for the position. (Motion carried under Consent Business) . Official Proceedings of the September 19, 1995 Shakopee City Council Page -8- Sweeney/Beard offered Resolution No. 4293, A Resolution Setting The Public Hearing Date To Consider The Vacation Of A Drainage And Utility Easement Located Under, Over, And Across Lots 1 Through 6, Block 3 , Prairie Bend 1st Addition, and move its adoption. (Motion carried under Consent Business) . Mayor Laurent recessed the meeting at 9: 05 P.M. Mayor Laurent re-convened the meeting at 9: 14 P.M. Having a conflict of interest, Mayor Laurent abstained from discussion on awarding bids for the construction of Vierling Drive, from County Road 79 to County Road 77, Project No. 1995-6. Bruce Loney stated that two bids were received and the low bid was submitted by Richard Knutson, Inc. , with a total bid of $594, 887 . 50. Feasibility cost estimates for the project were $416, 101. 37 . The Engineer's estimate before the bid was $480, 000. 00. The lateness of the construction season and the short completion time to construct the improvement were attributed to the higher bid. Mr. Loney stated that the major extra costs from the time of the feasibility study to the time of the bid are in the storm sewer, concrete curb & gutter, box culvert headwalls and seeding. Mr. Loney stated that the City's oversizing costs remained approximately the same with the bid compared to the feasibility study. The extra costs are being recovered by assessments from Meadows West and the School District. Mr. Loney stated that the developer is not in favor of accepting the bids and would like to wait over the winter in hope that better bids would be obtained. This would put building permit limitations on the Meadows West and Orchard Park Plats. Horest Grazer, on behalf of Gold Nugget Development, Developer, approached the podium and stated that the Meadows West 2nd Addition has 31 lots, by not installing Vierling it would limit them to 24 lots. Because of an increase of approximately $200, 000. 00 it would be a burden to Gold Nugget at this time to award the bid. He requested the Council to reject the two bids and to rebid the project over the winter. Brekke/Beard moved to reject the bids received for Project No. 1995-6, Vierling Drive, from County Road 79 to County Road 77 and rebid at a later date as the City Engineer deems appropriate. Official Proceedings of the September 19, 1995 Shakopee City Council Page -9- Gary Laurent, Developer of Orchard Park, approached the podium and stated that he would like to see the roadway installed but was sympathetic with Novak/Fleck's position and concurred with Gold Nugget's request. Motion carried unanimously. Sweeney/Beard offered Resolution No. 4301, A Resolution Establishing As A Municipal State Aid Highway Gorman Street, From 4th Avenue To County Road 17, and moved its adoption. (Motion carried under Consent Business) . A discussion regarding the County Road 16 construction and the Precinct 4 polling place ensued. Judy Cox stated that voters that would vote at the Eagle Creek Thrift Shop would not have access via County Road 16. However, they could reach the polling place by way of 4th Avenue or Valley View Road to the south. Ms. Cox stated that State law provides that Council may change their polling places by Resolution. The polling place would then remain at the new location until the Council chooses to change it again. The Resolution would need to be adopted 30 days before the election, and notification of the change to all registered voters in that precinct 25 days prior to the election would be required. If Council decides to change the polling place the Resolution could be available at the next meeting, just meeting the time frame. There would also be a cost to the City in sending out the notices. Ms. Cox stated that the law also allows a community to change precinct boundaries in a municipality except between a year ending in (7) and until after the next census. There are two very large precincts and staff is looking at the possibility of creating a third precinct. If the precinct boundaries are to be changed they will need to be changed next year, and this would also require notification to registered voters of the change. A discussion regarding the possible change in polling place at this time and accessibility/voter turnout ensued. Gary Morke, 1042 Merrifield, approached the podium and stated that it would be more difficult to find a new polling place than it would be to get there. He recommended not making a change at this time. It was the consensus of Councilmembers to retain the Eagle Creek Thrift Shop as the Precinct 4 polling place for the upcoming November 7th City Election. Official Proceedings of the September 19, 1995 Shakopee City Council Page -10- A discussion relating to school board elections in conjunction with the City Council Election ensued. Judy Cox stated that all voters in the City of Shakopee will vote for City Council positions and School Board positions at their respective polling places within their precincts. Residents living outside the City but within the school district would vote at their town halls. Residents in Oakview Estates would vote in their precinct in Prior Lake with the Prior Lake election, which would include a ballot for the Shakopee School Board Elections. The City of Shakopee will also need to prepare ballots for the 4th Precinct for those voters within the City of Shakopee that are not within the school district. A discussion relating to poor cable TV reception ensued. Barry Stock stated that the fluorescent lighting and the quality of camera used attribute to the poor audio and visual reception. A discussion relating to the amount of funds available to help correct this situation ensued. It was suggested that the problems lie in the lines as the internal signal is good. This would be the cable company's problem and it was suggested this may be a violation of a franchise agreement and should be brought to their attention. There being no other business to come before the Shakopee City Council, Mayor Laurent adjourned the meeting at 9:41 P.M. qcuilu . Qf2(. dith S. Cox ity Clerk Esther TenEyck Recording Secretary Memo To: Dennis Kraft, City Administrator From: Julie Baumann, Planner I Meeting Date: October 17, 1995 Re: Vacation of Drainage and Utility Easements Discussion The City has received a petition from Jim Johnston, Sienna Corporation, for the vacation of drainage and utility easements located under, over, and across Lots 1 through 6, Block 3, Prairie Bend 1st Addition. This vacation request is being made in order to replat the six lots into one lot. A copy of the October 5, 1995, Planning Commission staff memo has been attached for your reference. At this meeting, the Planning Commission recommended approval of the vacation to the City Council. Alternatives 1. Approve the vacation request. 2. Do not approve the vacation request, stating the reasons for denial. 3. Continue the public hearing, and request additional information from the applicant and/or staff Planning Commission Recommendation The Planning Commission has recommended the approval (Alternative No. 1) of the vacatation request. Action Requested Offer Resolution No. 4321, A Resolution Vacating Drainage and Utility Easements Located on Lots 1 through 6, Block 3, Prairie Bend 1st Addition, and move its approval. i:\planning\c619951ce.1017\vacantptdoc RESOLUTION NO. 4321 A RESOLUTION OF THE CITY OF SHAKOPEE VACATING DRAINAGE AND UTILITY EASEMENTS LOCATED ON LOTS 1 THROUGH 6, BLOCK 3, PRAIRIE BEND 1ST ADDITION WHEREAS, drainage and utility easements have been dedicated under, over, and across Lots 1 through 6, Block 3, Prairie Bend 1st Addition, City of Shakopee, County of Scott, State of Minnesota; and WHEREAS, it has been made to appear to the Shakopee City Council that the aforementioned drainage and utility easements serve no public use or interest; and WHEREAS, the public hearing to consider the action to vacate was held in the Council Chambers of the City Hall in the City of Shakopee at 7:00 P.M. on the 17th day of October, 1995; and WHEREAS, two weeks published notice has been given in the SHAKOPEE VALLEY NEWS and posted notice has been 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; and WHEREAS, all persons desiring to be heard on the matter were given an opportunity to be heard at the public hearing in the Council Chambers in the City of Shakopee. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF 1'tiE CITY OF SHAKOPEE, MINNESOTA: 1. That it finds and determines that the vacation hereinafter described is in the public interest; 2. That the drainage and utility easements located under, over, and across Lots 1 through 6, Block 3, Prairie Bend 1st Addition, City of Shakopee, County of Scott, State of Minnesota, serve no further public need; 3. That all that part of the drainage and utility easements located under, over, and across Lots 1 through 6, Block 3, Prairie Bend 1st Addition, City of Shakopee, County of Scott, State of Minnesota, is hereby vacated; and 4. After the adoption of the Resolution, the City Clerk shall file certified copies hereof with the County Auditor and County Recorder of Scott County. Adopted in session of the City Council of the City of Shakopee, Minnesota, held the day of , 1995. Mayor of the City of Shakopee ATTEST: City Clerk APPROVED AS TO FORM: City Attorney 12 . CONSENT Memo To: Shakopee Planning Commission From: Julie Baumann,Planner I Meeting Date: October 5, 1995 Re: Vacation of Drainage and Utility Easements Site Information: Applicant: Roger Derrick,Derrick Investment No. 91, Inc. Property Owner: Jim Johnston, Sienna Corporation Location: South of 4th Avenue,West of Sarazin Street Current Zoning: Multiple Family Residential,R-3 Adjacent Zoning: North: I-1 Light Industrial South: R-1B Urban Residential East: R-3 Multiple Family Residential West: R-3 Multiple Family Residential Comp.Plan: 1980: Commercial Draft 1995: High Density Residential MUSA: The site is within the MUSA and can be served by all municipal utilities Introduction The City has received a petition from Tim Johnston, Sienna Corporation, for the vacation of the drainage and utility easements located under, over, and across Lots 1 through 6, Block 3, Prairie Bend 1st Addition. This request is being made in order to replat the six lots into one lot. The City Council will hold a public hearing on October 17, 1995, to consider this vacation request. A recommendation from the Planning Commission is needed for the vacation process. Discussion Attached is a copy of the portion of the zoning map showing the location of the subject site (See Exhibit A). Prairie Bend 1st Addition was platted in 1994. Also attached is a portion of the original Prairie Bend 1st Addition which shows the location of the existing drainage and utility easements that are being proposed for vacation(See Exhibit B). For a better understanding of the result of this vacation, the Planning Commission may want to refer to the attached Exhibit C. This exhibit provides the results of the proposed vacation. The draft 1995 Comprehensive Plan has designated the area for high density residential development. This land use category allows for development near significant commercial areas, thereby minimizing the impact on the street system and increasing opportunities for future transit linkages. The vacation of the drainage and utility easements is not in conflict with the goals of the Comprehensive Plan. Alternatives 1. Recommend to the City Council the approval of the vacation of the drainage and utility easements. 2. Recommend to the City Council to deny the request to vacate the drainage and utility easements. 3. Table the decision to allow staff or the applicant to provide additional information. Staff Recommendation Staff recommends Alternative No. 1. Action Requested Offer a motion to recommend to the City Council the approval of the vacation of the drainage and utility easements, and move its approval. 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AVF-NUE 4TH AVENUE ••4.07. 4TH AVENUE S 22&03 217.:4 g \ 16.12.. /' lea r- — e '"•' 1 it e p (_.e .0271 I •• 22toO e_ le 1 I 1$I?1 V -� �sr -` I^ 1 1.1- �,e x 18 g! 4 1 I S t 1 181 1 `^ 1 1 .§1 1, 4 ) 1`°l'., r8 8 8 ` 5 I^ 3 8 3 3,1 1 :,,,,1 x , , DETAIL F DETAIL E DETAIL D EXHIBIT C PRAIRIE BEND 1ST ADDITION 4TH A VatU E r r '4- 5 , • • • Po ifn 3 2 3 6 . 1 , • JP te. 1Cr g 8 ,• , 0 r\\ 13 c x- zwAY _ z CUD MEMO TO: Dennis R. Kraft, City Administrator FROM: Judith S. Cox, City Clerk RE: Currency Exchange Licenses DATE: October 12, 1995 INTRODUCTION AND BACKGROUND: The City has received applications for renewal of currency exchange licenses from the following: American Pawn Brokers, Inc. , 450 West First Avenue Shakopee Check Cashing, 1147 Canterbury Road You may remember that the City has previously approved licenses for these applicants. The licenses are ultimately issued by the State of Minnesota. Current law requires that the local municipality approve or deny the issuance of a license, after published notice and a public hearing. The applicants have provided the State with the required $10, 000. 00 Currency Exchange Surety Bonds. The Deputy Chief of Police has advised me that he is unaware of any reason for the City of Shakopee to object to the granting of a currency exchange license to these applicants. RECOMMENDED ACTION: 1. Offer Resolution No. 4311, A Resolution of the City of Shakopee, Minnesota, Approving the Application of American Pawnbrokers, Inc. for A Currency Exchange License at 450 West First Avenue, and move its adoption. 2 . Offer Resolution No. 4312 , A Resolution of the City of Shakopee, Minnesota, Approving the Application of Shakopee Check Cashing for A Currency Exchange License at 1147 Canterbury Road, and move its adoption. h\judy\licenses\currmemo RESOLUTION NO. 4311 A RESOLUTION OF THE CITY OF SHAKOPEE, MINNESOTA, APPROVING THE APPLICATION OF AMERICAN PAWNBROKERS, INC. FOR A CURRENCY EXCHANGE LICENSE AT 450 WEST 1ST AVENUE WHEREAS, in 1992 Minnesota Statute Section 53A. 04 was amended to require a City to approve or disapprove of a proposed currency exchange license; and WHEREAS, The American Pawnbrokers, Inc. applied for a currency exchange license for a location at 450 West 1st Avenue; 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 American Pawnbrokers, Inc. at its location at 450 West 1st Avenue. Adopted in Adjourned Regular Session of the City Council of the City of Shakopee, Minnesota, held this 17th day of October, 1995 . Mayor of the City of Shakopee ATTEST: City Clerk Approved as to form. City Attorney to MEMO TO: Honorable Mayor and Council FROM: Dennis R. Kraft, City Administrator RE: Centres Group, Ltd. Commercial Development Proposal DATE: October 12, 1995 INTRODUCTION: Centres Group,Ltd. is proposing to construct a large commercial shopping facility on the property adjacent to Shakopee Town Square Mall. This proposed project will encompass an area of 36.1 acres and will include approximately 315,000 sq. ft. of development with an estimated value of$22,500,000.00. BACKGROUND: The City of Shakopee acquired land under the Right-of-way Acquisition Loan Fund (RALF) for the purpose of assembling land for the Shakopee By-pass. Accordingly to the provisions of this program once the by-pass is constructed the City sells the land to the Minnesota Department of Transportation(MnDOT) and MnDOT then pays the City for the land. Subsequent to this the City takes the money it has received from MnDOT and pays back the RALF Program. The property located between the Shakopee Town Square and the Shakopee By-pass alignment is currently undeveloped and will be available for redevelopment. Currently land in this 36.1 acres parcel is under five forms of ownership. Centres Incorporated, (the developer), is requesting that the City assist them in assembling this land so that they can develop a commercial project on this site. This development is consistent with the goals of the Shakopee Town Square property owner, Carlson Real Estate Company. Included in the materials with this item is a letter from Brad Lis, the Managing Director of Investments for Carlson Real Estate Company, Inc. Representatives of the developer will be at the City Council meeting and will give a presentation on their proposal. The developer is requesting that the City assemble the various parcels of land, and subsequently convey them to the developer. The developer is not requesting any subsidy from the City, and will pay for costs incurred by the City on this project. The City is also requested to annex all of the property into the City prior to conveyance, to work on the extension of the MUSA line to include the site prior to conveyance, and to rezone certain portions of the property. The City is also being requested to assist in the reconfiguration of existing and additional highway access points, and a signalized intersection for the project and to assist in the review and approval processes involving this land development proposal. The proposal is consistent with the City's Comprehensive Plan and appears to represent the highest and best use for this property. The development of this project will have a possitive economic impact on the City's tax base. The economic benefits for the City include a total project cost with estimated value of $22,500,000.00, the creation of 800 full and part-time jobs, and the generation of$82 million in gross revenues and the proposed generation of sales tax in the amount of $2,450,000.00 per year. At this time the developer would like to enter into an agreement with the City Council which would allow them the exclusive right to develop this parcel. It is envisioned that once this commitment is entered into a more detailed developers agreement will be presented to the City Council for action next month. The developer has an extensive track record in the construction of commercial ventures throughout the Midwest. A more detailed listing of the projects in which they have been involved is included in the accompanying packet. Also a proposed site plan is included in the packet. RECOMMENDATION: It is recommended that the City Council review to the developers proposal, and direct the staff to draft a developers agreement for subsequent City Council consideration. ACTION REQUESTED: Move to approve the entering into an agreement between the City of Shakopee and Centres Inc. for the development of 36.1 acres of property in Western Shakopee and further direct the staff to work with the developer on the formulation of a developers agreement for this property. CARLSON REAL ESTATE COMPANY October 11, 1995 Mr. Kaare Birkeland Centres Group, LTD. 119 North Fourth Street, Suite 405 Minneapolis, MN 55401 RE: Shakopee Power Center Dear Kaare: As you know, it is of great interest to Carlson Real Estate to see the area around Shakopee Town Square remain a strong retail hub. Your current concept to incorporate some power center users as well as entertainment and hospitality uses into an integrated plan fits nicely with our view of the future. We are in full support of your plan to enter into an agreement with the City of Shakopee with regard to purchase of the excess land. Subsequent to execution of such agreement, Carlson Real Estate Company would look to enter into a development agreement with Centres Group, LTD. to move the project forward. Please feel free to contact me with any questions or concerns. Sincerely, CARLSON REAL ESTATE COMPANY, INC. Brad Lis Managing Director of Investments (612) 333-9869 13Uuni/lencr/10-111:irk 2222 Plaza VII, 45 South Seventh Street, Minneapolis, Minnesota 55402 612-333-9898 Eden Prairie. . . I 6 News . Vol.21,Issue 44/39(©copyright 1995 Southwest Suburban Publishing) Thursday,September 28,1995 7901 Flying Cloud Drive,Suite#150,Eden Prairie,MN 55344 p� wawill send new traffic E sBridge Y Congestion on , ' �` " Economic benefit r z .%' '9t, 18 likely � � to Eden Prafrle Cty . ■ On the north end of the new —:--- s :^ - hard to measure Bloomington Ferry Bridge, 5 tr if Will the new bridge opening motorists will have to contend across the Minnesota River with one-lane of traffic each help Eden Prairie economical- way until work to widen 1,,,.?County Road 18 is finished. :_ ;z By Nancy Huddleston By Nancy Iluddlesto❑ \Vhen the Bloomington Ferry Bridge Motorists may find it easier to get • • 'i' opens next week,a flood of motorists will "over the river on Oct.6 when the new .r �' come rushing into Eden Prairie. Bloomington Ferry Bridge opens, but But will this flood of motorists bring getting"through the woods" via Eden yr any economic benefit to Eden Prairie? Prairie will continue to be difficult. ' It depends on who you ask. That's because work to widen Court - f According to state Sen.Bill Belanger ty Road 18,from Pioneer Trail north to r (R-Bloomington),the answer is"no."Hen- Interstate Highway 494,isn't scheduled nepin County Commission Randy Johnson to be completed until December 1996 terms the economic benefits as"some."And Until then,motorists will be confined to '" -• . Si. - Eden Prairie Assistant City Manager Chris one lane of traffic each way and will prob- Ate;- ,..,-,e,:',,..c.„-,„';: r :',-1,-,..- Enger says"yes." ably find the going slow as they share the 3 4` nBelanger has been involved with plans road with dump trucks and construction ., 4"f "°'' to construct a bridge over the Minnesota equipment. tw'- t ,�-, `- �- .w River since he served on the Bloomington The$21 million project along Eden r b ,r '' ...•'' '''''''''':°41,-....''' City Council from 1967 to'78 and as estate Prairie's eastern border is being overseen '�r t s r r '''''''.....,,,-,,,„:"."'...'-'"k senator since 1980. bythe Minnesota Department of.Trans i fxr t f '" "There's absolutely no economic bene- prtation(MnDOT)_pIt will expand the w��075``n 1 �5 xxar : 4;' 5Sfit to Eden Prairie and Bloomington once current two-lane county road to a divided p n ..,..,- .,,-;,.-4,..4:::::,'",',:,- -7,,77',"Athe bridge opens,"he said,"Oh there's plen- ;r four-lane expressway from I-494 to Pio-. � k<� "z� rr :z ., � „,,,z4-•-:,,...,:,•::,:...,..4 ty of benefit to the folks in Scott County neer Trail(County Road 1).The new con ^' ` r` E. ` ,„,y'r °,' because it will open up all sorts of com- fy uration of the road will include traffic "f vim, ' `` d .` j t mercial and industrial development down signals at Pioneer Trail,Anderson Lakes `"-ii,•t "%s n <,^"r ',_ 4 ,6” there. Parkway and Highwood Drive. > .ice .a ti", .� .1 "But Eden Prairie and Bloomington Two pair of bridges across Anderson ` "" have developed in spite of an unreliable riv- Lakes will be constructed to carry the THE NEW Bloomington Ferry Bridge cuts a bold path across the Minnesota Riv- er crossing,"he added,pointing to an in- roadway 101-494,and frontage roads will er,which has been difficult for motorists to cross for many decades.The Shakopee dustrial park in western Bloomington that be built on the west side of the highway interchange is at the bottom of the picture and the BloomingtonY3 den Prairie con- is filled to capacity.and to residential de- so'iesidents have easier access to their ne,ction is at the top.(Photo courtesy of the Scott County Highway.Department). velopment in Eden Prairie that butts up to homes and businesses. County Road 18 • - .Once completed,the road project will Enger sees the bridge opening in a dif- tie'directly into the new;$42 million ,Traffic flow•, struction. ferent light. 1pottltpylonFerry Bridge,Allowing traf- .Tom-Ravn, project-er glnecr at the When the tt( tfBltiotbehgton Ferry' Thcbiggest impact toFdenPrairie will fic to,travel over.four lanes all the-way • MetroDivision ofMnDOTconfimtedthat ,Bridge opens Oct b notorists•travelling- dE?iiiinly be the change intraffic patterns," film Highway 101 in Shakopee to 1-494 motopsts•.t{ayebgg Cbugty Itgad,t18 will'' ` ^ in„..,.,'Prairie. 'exp`encnee trailic-dela's,clue toafie,con- I E to page 6 . BENEFIT to page 6 New bridge • Continued from front - northbound on the bridge will have a the old road have been shifted and turn left in order io tic into Bloom- continuing,as pilings arc still being merits to County Road 18 are done.{ choice to make when they come to the bypass lanes constructed. ington Ferry Bridge Road. driven,then pile caps will be formed Since much of the County Road end of the bridge.They will be able "The bypass will continue to be Ravn said that temporary road and cement beams placed on lop to 18/Highway 169 traffic wants to tray- to exit to the right onto 108th Street in place all winter while the crews get modification will be in place all win- form the deck.. el on 1-494,MnDOT is proposing to in Bloomington or continue straight at the new nonhbound lanes,”Ravn ter while work crews realign the in- Ravn said work crews will stop build cloverleaf ramps to accommo- on to County Road 18. said."There's a lot of dirt over there tcrsection. • pouring concrete by Oct.15,but will date that.The ramps would be me- "There will be only one lane corn- and the grade has to come way down." still be able to get bridge beams set tered, but high-occupancy vehicle ing across front the bridge onto 18," At the same time,intersection re- Work already done and work on the forms for the new (HOV) traffic ,would have special Ravn said."That way we'll continue alignments are taking place. The intersection at Country Road deck of the bridge. lanes to bypass the meters. to keep one lane of traffic flowing.1t The next major intersection re- i (Pioneer Trail) has already been But, even ,when the ramps are will make it difficult with all the traf- alignment is scheduled to start in mid- shifted to the east.While that work Highway Junction completed.MnDOT says that won't fic coming off the bridge,but it has to October on the Bloomington side of was being done,access on the cast But one more hurdle needs to he relieve all the traffic congestion ex-- be x-be that way." the Anderson Lakes Parkway inter- side of that intersection was restrict- knocked down in order for the entire petted to take place along I-494 he- Southbound shivers will be able section.The road is known as the ed and motorists had to wind their wary Minnesota River crossing to be coin- twcen Minnetonka and Bloomington. to take advantage of two lanes of traf- Bloomington Ferry Bridge Road to around via Old Shakopee Road. pleted —the I-494 junction with IvInDOT estimates that$850 mil- fic once they pass Pioneer Trail head- the east of the intersection and Ravn Crews began working on County County Road 18 and Highway 169. lion inroad improvements are need- • ed for the new bridge, Ravn ex-- said traffic will be restricted. Road 18 in May and a considerable Approximately$6 million worth ed between I-394 in Minnetonka and plained. "What will happen is that motor- amount of work has already been of improvements to 1-494's intersec- 34th Avenue in Bloomington due to While traffic continues along ists will not bc able to cross over from completed. tion have been approved by state traffic counts that arc estimated at County Road IS, work crews keep Anderson Lakes onto the Blooming- Pilings and cement beams have transportation officials.But,construe-' 24,000 vehicles each day.That num- moving dirt away from the site and ton Ferry Bridge Road,"Ravn said. been put in place for one of the two tion is not expected to be completed ber is expected to double by the year l grading the new road.In order to ac- "They will have to tum right,jog south bridges that will span Anderson until 1998—two years after improve- 2015. commodate that work,some parts of about 1,500 feet to Ensign Road and Lakes.Work on the second bridge is' Benefit Work on County 18 still underway 1.594 . ..-^ .-. mow= Bridges:,Two Continued from front bridges are under he said."Also,there is some undo- called to testify to a subcommittee next section is complete and the high- construction over veloped land along County Road 18 chaired by Skip Humphrey that was way interchange is done." Anderson Lakes.Pit' that we expect will be developed as looking at a proposal to construct a In spite of that,Johnsoq feels the N ings and cement commercial properties as the road river crossing. bridge was worth the wait" a beams are in placeIt's been = on the south bridge project progresses." "At the lime,Eden Prairie was frustrating for people to wait this long TOWN LINE and workers.are 'Specifically,Enger pointed to two anti-river crossing because we had for the bridge,but if you look back AVENUE busy constructing • empty parcels on the southwest and just incurred quite a bit of debt to the you'll sec benefits to both sides on E lie wo the roadway's northwest sides of the intersection of Metropolitan Waste Control Commis- how things turned out." x DIM, framework.Pilings County Road I (Pioneer Trail)and sion to put in an interceptor sewer Johnson doubts the industrial park x continue to be driv-' Sen at the north County Road 18."There is 40 acres line,"Unger recalled. in west 13loomington would have de- �P w bridge,with cement there that has yet to be developed," "We were paying on that debt, veloped if an easier river crossing had a o pile caps and ca- rphe said."That is a major road inter- which was big at the time because we been built hack in the 19705. Like- 4 a ment beams yet to section and we are sure a commercial were anticipating a large population wise,Eden Prairie probably would not 2 " be put in place. venture of some sort will go in there growth,"he added."If a river cross- have experienced the housing boom . - and certainly will benefit by the in- ing was opened up and people had it hacl in the 1980s if the bridge had •o z ANDERSON LAKES creased traffic patterns." better access to inexpensive land,then been built. w PARKWAY ••MING70N Furthermore,Enger points to the all the growth we were projecting If the bridge had been built in the 6EIFE .ono Anderson recent remodeling plan set for Pre- would have gone over there and Eden 1950s—when discussions concern- o Lakes Parkway In- serve Village Mall at Anderson Lakes Prairie would not have gotten the tax ing a river crossing first surfaced— CSAR 1 \ tersection:Reaiign- g ment of this intersec- Parkway and County Road 18 as a -base it needed in order to retire tire urban sprawl ,would have resulted. rJ 102nd -.; tion is slated to be- sign of County Road 18's impact. debt to the waste department." "There would have been a lot of leap- gin in mid-October. Scraper Development Ltd.received Belanger recalls history different- frogging south of the river and it Eastbound traffic approval from the Eden Prairie City ly. would have exasperated urban RIVERVIEW ROAD from Anderson Council in June to go ahead with plans "There was a big fight and there sprawl,"Johnson said, ' T Lakes Parkway will to upgrade the existing building,the were a lot of strained relations,"he MJ,i; --, tom s.'C:1, be re-routed to the Traffic impact Nei `F 0 SHAKOPEE ROAD < south 1,500 feet, parking lot,fighting and access to the said."Eden Prairie wanted the river s oi. i., where a temporary 67.000-square-foot mall. crossing further west to connect into Belanger, Enger and.Johnson y 1 traffic light will regu- Johnson, who represents both the current 169/212,"he said.Then, agree that the new bridge's biggest -9 „ -- ate the traffic.West- Eden Prairie and Bloomington and Belanger recalled,Bloomington sug- impact on Eden Prairie will be the O p E E j- „/,,'`'. bound traffic from has beets a count commissioner since gesled that everyone preclude devel- traffic patterns.Itis predicted that less THto1 r_, Bloomington will be Y Bridge Road 1978,said there is no way the bridge. opment along County Road 18 to traffic will travel what is now High- re-routed through opening could not benefit Eden Prai- slake way for the road needed to con- way 212/169(or Flying Cloud Drive) 'r : the Sante temporgry fic economically.But,he is quick to acct to the bridge,but Eden Prairie because it will shrift to County Road '•'e E- light. point out that the extent of that bene- did not see it that way. 18 and the new Bloomington Ferry `../ ♦J - fit is open to interpretation. "That's why today you see Nous- Bridge,which will be renamed High- s A V A "Certainly there will be a positive es on the Eden Prairie side right up way 169. 4 benefit,"he said."The opening will against that road and things set fur- "There will be quite a traffic int- benefit the economy on both sides of they back on the Bloomington side,' pact,o Eden Prairie,"Enger said.','I z Pioneer Trail lire river—but the greatest impact Ire said."Now,the folks in those hour sec;if;Its a positiye.point that some of a , ' o ' ruin°, Intersection: Has will be to the south. es in Eden Prairie will have limited that traffic will unload orf what's now ma o been realigned to "There's already been sound de-• access to the road,and bridge.and known as-169/212:" '•' the east and can be velopmcnt in Eden Prairie and . eventually,in 15-20 years,the grad- But Eden Prairie PoliceChiefJtn • • accessed from ev- Bloomington and it's turned out well," ed road will be gotten rid of and a di- Clark said it's too early to tell what cR 42 ery direction.This is vided highway will be there right in the traffic impact will be. : where two lanes of Inc said. g Y P` northbound County their back yards." "Yes, the raw numbers will go Road 1e traffic will Look back in time - Johnson admits he favored more down on Flying Cloud Drive,"he said. be narrowed to one When the topic of history.enters study on bridge crossings:"I recog- "But I don't know if the truck traffic lane and one lane of the conversation about the construe- sized the need for a crossing from we see out there will necessarily usesouthbound traffic lion of the bridge,there area number Shakopee,but I was concerned about the new bridge,because they are go- opens intotwo lanes the impact on Count Road 18,"he ingmore west than cast," progressing over of stories to tell. 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Jr-- 1 Centres Inc. Shopping Centers Developed Total Location Major Tenants Sq. Ft. Parma, OH Media Play 44,000 East Madison,WI Circuit City 33,053 Appleton,WI Roundy's Pick'N Save 193,633 Burlington Coat Factory Warehouse Antigo,WI Kmart,Roundy's Pick'N Save Walgreens 140,077 Baraboo,WI Kmart Roundy's Pick'N Save J. C.Penney Co. Walgreens 154,382 Delavan,WI Kmart Roundy's Pick'N Save Walgreens 149,695 Hudson,WI Kmart Super Valu Foods 144,356 Mauston,WI Kmart Roundy's Pick'N Save Walgreens 125,796 Medford,WI Kmart Medford Cooperative 132,490 Oconomowoc,WI Kmart Roundy's Pick'N Save 140,483 Portage,WI Kmart 96,479 Page 1 Real Estate Development and Management Midwest: 3315 North 124th St., Ste. E, Brookfield, WI 53005 (414) 781-8760 Fax (414) 781-4333 Southeast: 1390 S. Dixie Hwy., Ste. 1304, Coral Gables, FL 33146 (305) 662-9500 Fax(305) 662-6664 Total Location Major Tenants Sq. Ft. Ripon,WI Kmart Roundy's Pick N Save Walgreens 110,590 Waupaca,WI Kmart Schultz Sav-O Stores Walgreens 123,470 Anoka,MN Kmart 86,479 Northfield,MN Kmart 94,479 New Ulm,MN Kmart 96,929 Detroit Lakes,MN Kmart 94,479 Waseca,MN Walmart HyVee Food Stores 78,890 Marshall,MN Kmart 94,479 Hastings,MI Kmart Eberhard Foods Quality Fann&Fleet Hook Drugs 159,265 St. Johns,MI Kmart Roundy's Pick N Save 135,164 Ludington,MI Kmart Roundy's Pick'N Save Walgreens Quality Fann&Fleet 171,912 Oskaloosa, IA Kmart 86,479 Milwaukee,WI Kmart(Builders Square) Roundy's Pick'N Save 343,000 New Berlin,WI Kmart Petrie Stores 111,431 Page 2 Total Location Major Tenants Sq. Ft. Carroll,IA Kmart HyVee Foods 147,743 Forest Lake,MN Kmart 94,841 Reidsville,NC Kmart Food Lion Revco Drug 130,000 Franklin,WI Roundy's Pick N Save 98,000 Round Lake Beach, IL Super Kmart 191,008 Charles City, IA Kmart 94,841 Total Square Feet 3,897,923 Page 3 I. a C E N T R E S ,,, AM/Ir- (CENTRES CONSTRUCTION OF WISCONSIN INC) Centres Construction of Wisconsin Inc. Construction Summary Location Tenant Center Size Value Date Madison,WI Circuit City 33,000 sq.ft. $620,000 12/31/95 (sitework) Greenfield,WI Pier One 9,900 sq.ft. $575,000 10/31/95 Charles City,IA Kmart 94,381 sq.ft. $3,015,000 9/15/95 Anderson,IN Walgreens 13,000 sq.ft. $895,000 6/1/95 Round Lake Beach,IL Super K Mart 192,000 sq.ft. $9,500,000 11/21/94 Reidsville,NC Food Lion Food Store 70,000 sq.ft. $2,500,000 12/15/93 Small Shops Franklin,WI Pick N Save Food Store 95,000 sq.ft. $4,800,000 11/15/93 Small Shops Pewaukee,WI St.Mary's Catholic Church $750,000 6/15/93 Church/School Addition&Remodel Forest Lake,MN K Mart 91,226 sq.ft. $3,200,000 4/15/93 Brookfield,WI Trinity Pilgrim $350,000 3/15/93 United Methodist Church Church Addition& Remodel Ludington,WI Tenant Improvements $51,000 12/01/92 Carroll,IA K Mart,Hy-Vee Food Store 153,243 sq.ft. $5,717,000 12/1/92 Small Shops New Berlin,WI Petrie Stores 10,000 sq.ft. $246,500 10/01/92 Page 1 Construction/Construction Management (414) 781-8760 Fax (414) 781-4333 3315 N. 124th St., Ste. E, Brookfield, WI 53005 Location Tenant Center Size Value Date Antigo,WI Tenant Improvements $85,000 10/01/92 Appleton,WI Tenant Improvements $150,000 10/15/91 New Berlin,WI K Mart 117,500 sq.ft. $3,652,000 9/15/91 Small Shops New Ulm,MN Tenant Improvements $163,300 9/1/91 Northfield,MN Fashion Bug 8,000 sq.ft. $416,000 8/15/91 Anoka,MN K Mart 86,479 sq.ft. $2,600,000 7/15/91 Detroit.Lakes,MN Fashion Bug 8,000 sq.ft. $384,000 4/1/91 Northfield,MN K Mart 152,044 sq.ft. $2,297,550 3/15/91 Small Shops Detroit.Lakes,MN K Mart 158,955 sq.ft. $2,571,023 2/1/91 Small Shops Hudson,WI Tenant Improvements $113,300 11/15/90 Hastings,MI K Mart,Eerhardt Food Store 161,437 sq.ft. $5,805,910 10/29/90 Walgreens,Farm&Fleet, Small Shops Oskaloosa,IA K Mart 95,012 sq.ft. $3,289,538 9/27/90 Hudson,WI K Mart, Super-Valu Food Store 145,205 sq.ft. $4,759,179 8/23/90 Small Shops Ludington,MI K Mart,Pick'n Save 176,340 sq.ft. $6,494,570 8/16/90 Walgreens,Farm&Fleet Small Shops St.Johns,MI K Mart,Pick'n Save,J.C.Penney 135,000 sq.ft. $5,145,919 8/1/90 Small Shops Marshall,MN Fashion Bug 8,000 sq.ft. $320,000 8/1/90 Medford,WI Tenant Improvements $44,000 8/1/90 Ludington,MI Tenant Remodel $115,150 8/1/90 Page 2 Location Tenant Center Size Value Date Hastings,MI Tenant Remodel $120,000 6/15/90 St.Johns,MI Tenant Remodel $130,000 6/1/90 Waupaca,WI Tenant Remodel $48,500 5/31/90 New Ulm,MN K Mart,J.C.Penney, 131,515 sq.ft. $2,860,491 5/17/90 Small Shops Portage,WI Tenant Remodel $211,500 2/1/90 Antigo,WI Tenant Remodel $130,120 12/1/89 Waupaca,WI K Mart,Piggly Wiggly Food Store 123,447 sq.ft. $4,273,623 11/3/89 Walgreens, Small Shops Antigo,WI K Mart,Walgreens,IGA Food Store, 137,892 sq.ft. $4,368,113 9/2/89 Small Shops Oconomowoc,WI K Mart,Pick'n Save, 138,079 sq.ft. $3,035,375 8/20/89 Small Shops Ripon,WI K Mart,Pick'n Save,Fashion Bug 110,601 sq.ft. $2,443,082 8/18/89 Small Shops Delavan,WI K Mart,Pick'n Save, 142,442 sq.ft. $4,598,888 08/18/89 Walgreens,Fashion Bug Small Shops Medford,WI K Mart,Co-op Food Store 129,663 sq.ft. $4,193,781 8/18/89 Small Shops Baraboo,WI K Mart,Pick'n Save, 169,449 sq.ft. $4,112,085 8/15/89 J.C.Penney,Walgreens Small Shops Mauston,WI K Mart,Pick'n Save,Walgreens 123,270 sq.ft. $2,640,065 8/14/89 Small Shops Portage,WI K Mart,Fashion Bug 96,579 sq.ft. $2,813,410 4/26/89 Small Shops TOTAL 3.316.659 soft. $106.604.972 Page 3 A TO: Mayor Gary Laurent& Shakopee City Councilors From: Beverly J. Koehnen Date: September 18, 1995 I am appealing decisions made by the Board of Adjustments&Appeals at their 9/7/95 meeting so that you can further consider the facts. The B.O.A.A. renewed Conditional Use Permit#376 with several new conditions, plus modifications to the existing conditions. In their deliberations, they erred in expanding the hours of operation for the Fischer Gravel Pit. The B.O.A.A. discussion centered around the way the Fischers are inconvenienced by the hours they are allowed to operate their business. Specifically, they said that the Fischers cannot compete with other gravel operations that start prior to 8:00 a.m. It is my understanding that these economic considerations for the Fischers are inappropriate. Other factors which were considered in determining the hours of operation of the pit in the past were not addressed. For example,traffic volumes on County Road 83 at various hours of the day, school bus routes and peaks of traffic created by local industries were never discussed during the B.O.A.A. deliberations. Criteria 1 of City Code Section 11.85 was omitted from the B.O.A.A. discussions and deliberations. In previous testimony of this continued hearing, impaired property values were reported. The Fitch property which is adjacent to the south side of the Fischer pit has been on the market. Fitches were unable to sell their property at a fair market value, and several of the potential buyers asked them about the gravel pit. I believe property values have been affected. In general, reporting of permit violations have gone unrecognized and unenforced. Specifically: 1. Violations of the hours of operation by the pit have been, instead, rewarded by increases from 8:00 a.m. 5:00 p.m to 7.ro — S:0 / 2. Violation of mining depths down to the water table have been also now rewarded, rather than enforced. RECEIVED OCT 161995 Note to City Council Members: This is a typed copy of the appeal letter submitted by Ms. Beverly Koehnen. 1 //CU Memo To: Dennis Kraft, City Administrator From: Te►rie A. Thurmer, Assistant City Planner - Date: September 22, 1995 Re: Appeal of the Decision of the Board of Adjustment and Appeals to Approve Amendment No. 3 to the Mineral Extraction and Land Rehabilitation Permit and Conditional Use Permit No. 376, and to Approve the Renewal of Mineral Extraction and Land Rehabilitation Permit and Conditional Use Permit No. 376 and Amendments 1 and 2, for Fischer Aggregates, Inc. Introduction At its September 7, 1995, meeting, the Shakopee Board of Adjustment and Appeals approved a request from Fischer Aggregates, Inc. for a renewal of Mineral Extraction and Land Rehabilitation Permit and Conditional Use Permit No. 376, as well as the following Amendments to the permit: Amendments Approved: 1) To expand the operation to include the 5 acre Rutt Farmstead; 2) To relocate the natural gas pipeline on the site; 3) To relocate the central processing area; 4) To increase the final development grades from an elevation of between 800 to 810 feet to an elevation of between 774 and 814 feet; 5) To change the operation from three to five phases; 6) To extend the number of years for the mining operation from 17 years to 20 years; 7) To increase the cubic yards of materials mined from 1,640,000 to 3,750,000 cubic yards; and 8) To expand the hours of operation from 8:00 am to 5:00 pm, Monday through Friday, to 7:00 am to 5:00 pm, Monday through Friday. Beverly J. Koehnen, 2036 Canterbury Road, has appealed this decision to the City Council. The following exhibits have been attached to this staff memo for your reference: 1. Appellant's letter; 2. Letter from Fischer Aggregates dated October 11, 1995, in response to the appeal request; 3. List of Complaints filed with the Planning Department; 4. Appeal Resolution; 5. Staff memo for the September 7, 1995, meeting of the Board of Adjustment and Appeals, including the following attachments; a) Exhibit A-Zoning Map showing the location of the site; b) Exhibit B- Copy of "Conditional Use Permit Resolution of the City Council No. 376'; i) "Amendment No. 1 to Conditional Use Permit Resolution No. CC-376" ii) "Amendment No. 2 to Conditional Use Permit Resolution No. CC-376" c) Portion of City Code Section 11.88 regarding Conditional Use Permit Standards for Mining; d) Letter from Kenneth and Shirley Rutt dated January 24, 1995, expressing their support for the renewal and the amendments (includes two attachments); 6. Resolution No. 713, A Resolution Granting Amendment No. 3 to Conditional Use Permit No. CC-376 (and its subsequent amendments No. 1 and No. 2) to Operate a Mine Within the Mining Overlay Zone. 1 7. Document from the applicants entitled, "Fischer Aggregates, Inc., Conditional Use Permit, Shakopee"and dated August 1995. (Note: This document is referenced in Resolution No. 713.) Background The Shakopee Planning Commission held a public hearing regarding this request at its Nov. 4, 1993, and Dec. 9, 1993, meetings; and the Board of Adjustment and Appeals held a public hearing regarding this request at their March 9, 1995; April 6, 1995; May 4, 1995; June 8, 1995; July 6, 1995; August 3, 1995; and September 7, 1995, meetings. You may want to refer to these minutes for additional background information. At its September 7, 1995, meeting, the Board of Adjustment and Appeals voted to approve the requests, subject to conditions. On September 18, 1995, Beverly Koehnen submitted the attached application and letter requesting an appeal of the decision of the Board of Adjustment and Appeals. Discussion Section 11.89, Subd. 6, regarding appeals, states that, "Any person aggrieved by a decision of the Board of Adjustment and Appeals regarding a variance may have such decision reviewed by the City Council if a request for review is submitted to the Zoning Administrator within 10 days of the date of the decision. The appeal shall be in writing and shall include a statement of the alleged errors or omissions of the Board." The information submitted by the appellant is attached as Exhibit A. The appellant alleges that the following errors and/or omissions were made by the Board: 1. Expanding the Hours of Operation from 8:00 am to 5:00 pm, Monday through Friday, to 7:00 am to 5:00 pm, Monday through Friday. The appellant claims that discussion regarding this issue centered around the way the Fischers are currently inconvenienced by the hours they are allowed to operate their business. In the appeal letter, she states, "Specifically, they said that the Fischers cannot compete with other gravel operations that start prior to 8:00 A.M. It is my understanding that these economic considerations for the Fischers are inappropriate." The hours of operation. The attached letter from Fischer Aggregates dated October 11, 1995, lists a number of reasons that the expansion from an 8:00 AM start time to a 7:00 AM start time is necessary for their operation. In addition, there are other types of operations that are not limited to an 8:00 AM start time, such as street and utility construction projects (7:00 AM to 10:00 PM weekdays). 2. Traffic Analysis. The appellant also states that traffic volumes on CR 83, school bus routes, and traffic created by local industries were not considered in approving the expansion of the hours. The applicant submitted a traffic analysis in February of 1995 which was reviewed by City staff, and portions of the traffic analysis were provided to the Board of Adjustment and Appeals in the document titled, "Fischer Aggregates, Inc., Conditional Use Permit, Shakopee, August 1995" during the review of the amendment request. 2 3. City Code Section 11.85 (Subd. 1.A). This portion of the City Code states that one of the Criteria required for the granting of a Conditional Use Permit is that, "The use will not be injurious to the use and enjoyment of other property in the immediate vicinity for the purposes already permitted, nor substantially diminish and impair property values within the immediate vicinity. The appellant states that "In previous testimony of this continued heating, impaired property values were reported. The Fitch property which is adjacent to the south side of the Fischer pit has been on the market. Fitches were unable to sell their property at a fair market value and several of the potential buyers asked them about the gravel pit. I believe property values have been affected." Staff has not received any concrete evidence (appraisals, etc.) that would indicate that the renewal of the permit or the amendment to the permit would substantially diminish property values in the area. 4. Alleged Unenforced and / or unrecognized Violations. The appellant also states, "In general, reporting of permit violations have gone unrecognized and unenforced. Specifically: a) Violations of the hours of operation by the pit have been instead rewarded by increases from 8:00-5:00 to 7:00-5:00; and b) Violation of mining depths down to the water table have also been now rewarded, rather than enforced." A list of alleged violations reported to the Planning Department since June of 1991 has been attached for your reference. Two of the three complaints regarding hours of operation were made since November of 1993, when Fischer Aggregates purchased the mine. One complaint was made on October 31, 1994, and the other complaint was made on Nov. 10, 1994. The Fischers admit that there was a violation of the hours of operation on October 31st. However, when the Fischer's investigated the complaint made on November 10th, the haul tickets verified that since October 31st, there had been no trucks leaving the site prior to 8:00 AM. Please note that in the minutes of the September 7, 1995, meeting of the Board of Adjustment and Appeals, Ms. Lisa Robson is quoted as saying that she will immediately address any complaints that are relayed to her in the future. The appellant also alleges that the mine has been in violation of mining depths and that the depth of the mine has gone down to the water table. Complaints regarding the depth of the mining operation were logged in the summer and fall of 1992, prior to Fischer Aggregates' purchase of the site. An Environmental Assessment Worksheet (EAW) was prepared in 1994 as a part of the amendment process. This EAW was prepared to address proposed changes to the existing mining operation, including mining depths. The findings of the EAW concluded that there did not seem to be any significant environmental effects resulting from this project with appropriate mitigation measures. In the document entitled, "Fischer Aggregates, Inc., Conditional Use Permit, Shakopee" and dated August 1995, it states that, "The lowered mining depth still will result in a minimum twenty foot separation between the base of the mine and the ground water table" 3 Alternatives 1) Uphold the decision of the Board of Adjustment and Appeals and affirm the approval of the renewal and the amendments to the Conditional Use Permit. 2) Overturn the decision of the Board of Adjustment and Appeals and deny the renewal and the amendments to the Conditional Use Permit. 3) Overturn the decision of the Board of Adjustment and Appeals and approve the renewal and some of the requested amendments to the Conditional Use Permit. 4) Table the decision to allow the appellant and/or staff to provide additional information. Staff Recommendation Staff recommends Alternative No. 1. Action Requested Offer Appeal Resolution No. CC-713, A Resolution Upholding the Decision of the Board of Adjustment and Appeals to Approve Amendment No. 3 to the Mineral Extraction and Land Rehabilitation Permit and Conditional Use Permit No. 376, and Approving the Renewal of Mineral Extraction and Land Rehabilitation Permit and Conditional Use Permit No. 376 and Amendments 1 and 2, and move its adoption. (NOTE: If the City Council concurs with the recommendation of the Board of Adjustment and Appeals, the City Council should offer a motion TO UPHOLD the decision of the Board TO APPROVE the requests, and move its adoption.) i:\planning\cc\1995\cc 1017\appealfi.doc 4 1 c : --h I 76-1.• }16,-tv "Nzz4A4.4,4-t- 1-- ,_,11,44..e..i, (c4 (ctc.,...-ci frcwA21,GL y" RECERECEIVED) 01_, SEP.-1 8-1995 Dez.a ; / (, MI5 .Dt (,_ CL . 1-,.19 airat, G,v ,!-. -6,64.4.:, 9/7/99 ,,,,) (r a-v- _ Li:-T-4,12:71.,1 �7�'.`- '( - 241, ,le - _)-1-z OK 43), A _ A , . y - PLS-, __#- 37 6 , - �•l' ,...- .4 -" ' A- , .e cam- ', - ,. u _ _ - ,..„0--y ____,i7xe.e.,:: ata-a-ei-zi' ,, f_,--„ T__,,...Av___,J24,Aze( A, ., ,12.____ ,.._, ,,__:/iA.;/-=-4,4///t-eft-cf-p1-3.2:6(-1-‘ 0, 41:-/ ,_,Oif-t7,:u,4_, ,d4,0..e.ela..J..44.),_ , - , c__.e .-_,,tv).Aeitf _4:2.A.cni...e..4 ..,a,e: ./c.,-r. _ /.y , _ , .c./.0_,) ____e_v_1.e., .:, ,:. ___.: - / ti.. .tke__ u/kcw-Lo . .,/,7/4. .. __ _Ize_l_e) _ __,, :,--:-,,_ — — -- - ...„,.._,_et..,..„(4, {_-/Lti-ei_ ,/t, ._,,_-4_e_1,_0--4 - 4) , ,t-1. 41. 0,4;4 ' i,-2‘4., _,4.=i_a_4A0 c4,,,,__Ift_122(-- . - 1.,) ,:._ !,.,i. ._ ,, ____A4szict- 4.,41.2._ 4r_el,t .a 072.0.A.4,acy).1.c, ,a' -- ,..; t , fpct:0-i. ., s--..fio. 0 c.L ., F,.. 1 . .4.0,-t- Aea .71-_ ,4__ A..41,4z„. ....A4.,: i., .....w.4.2- ...,t-4.....a...z.... ..1./e...-Cr"-'0.- /+ • � � .____-`ice._--�../._-�, 0 6 - I . . r --- -►ti �l�_._,�-1-., .. ,A,44.... 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OCT 11 '95 12:34PM AVR INC P.2 a \ FISCHER AGGREGATES, INC. RECEIVED IVI 6801 West 150th Street OCT 1 1995 Apple Veliey, MN 55124 612-432-7132 October 11, 1995 Mayor& City Council City of Shakopee 129 Holmes Street South Shakopee, MN 55379-1351 RE: Conditional Use Permit No. 713 Fischer Aggregates Dear Mayor& Council: This letter is drafted in response to the appeal of the decision by the Shakopee Board of Adjustments& Appeals(B.O.A.A.)which approved our Conditional Use Permit(C.U.P.) First,there is an existing C.U.P. for our property(City Council Resolution No. 376 dated 1988). The end use plan with the 1988 C.U.P. is unworkable. The revised 1995 C.U.P. provides for(1) moving the natural gas pipeline, (2)mining the Rutt property and removing the buildings and access driveway,(3) lowering the operations area for better noise abatement, (4) conveyoring material to the operations area and numerous other operations improvements. The 1995 C.U.P. also provides for a tiered single-family residential development. In summary, the 1995 Plan and C.U.P. is far superior to that which exists and would benefit the owners, neighbors and the City with a much improved plan of operations and improved end use plan. The B.O.A.A. reviewed this information in great detail and unanimously approved the revised C.U.P. Secondly, the B.O.A.A. approved hours of operations for 7AM to 5 PM Monday through Friday. At issue was the 7AM start time. We believe 7 AM is warranted for several reasons: 1. No other business in the City is relegated to an 8 AM start time or otherwise regulated in this manner. 2. An 8 AM start time places Fischer Aggregates at a competitive disadvantage with other aggregate operations in the City which have a 7 AM start time. 3. City contracts for street/utility construction are not restricted to an 8 AM start time. They often are in closer proximity to residents than our operations. Also,we are expected to serve these contractors. OCT 11 '95 12:34PM AVR INC P.3 Mayor& Council City of Shakopee October 11, 1995 Page Two 4. Seven AM is a reasonable hour. Most people are active by that time of day and are already at work before 8 AM. The more critical time for noise is weekends and after 5 PM when people are home at which time we cease operations. 5. Our operations will be recessed about 40 feet which will provide considerable noise abatement over that which exists today. 6. Our operation is seasonal and hours of operation are very important in our ability to serve our customers and to compete. We appreciate this consideration by the City Council. Yours truly, 4--r--, Peter W. Fischer PWF:mac • Complaints Fischer Aggregates (fka Scott County Lumber or NBZ) 6/12/91 Concrete Batch Plant. Summer/91 Hours of Operation. Fall/91 Height of Gravel Pile Fall/91 Noise 10/21/91 Satellites on site. (Required.) Summer/92 Groundwater pollution / Discolored soils 8/92 Depth of Mining Operation. 8/27/92 Tanker Truck on site. (Photos taken. No tanker on site.) 8/31/92 Noise 9/3/92 Propane Tanks / Steel Tanks Nov/92 Groundwater pollution / Discolored soils. 6/18/93 Concrete mixing equipment on site. (No mixing equipment found on the site during inspection on 6/21/93.) 11/10/94 Operating before 8:00 AM. (Similar complaint logged on October 31st. Haul Tickets verified that since 10/31 no trucks left the site before 8:00 AM.) NOTE: On August 29, 1995, the Planning Department verified that the Police Department had not received any complaints since November 1994. c ivi olatioff i sc h e r.1 st APPEAL RESOLUTION NO. CC-713 A RESOLUTION OF THE CITY OF SHAKOPEE, MINNESOTA, UPHOLDING THE DECISION OF THE BOARD OF ADJUSTMENT AND APPEALS TO APPROVE AMENDMENT NO. 3 TO THE MINERAL EXTRACTION AND LAND REHABILITATION PERMIT AND CONDITIONAL USE PERMIT NO. 376, AND APPROVING THE RENEWAL OF MINERAL EXTRACTION AND LAND REHABILITATION PERMIT AND CONDITIONAL USE PERMIT NO. 376 AND AMENDMENTS 1 AND 2. WHEREAS, Fischer Aggregates, Inc., the applicants and owners, have filed an application dated October 8, 1993, for Amendments to Conditional Use Permit No. CC-376 (and subsequent amendments No. 1 and No. 2) under the provisions of Chapter 11, Land Use Regulation (Zoning), of the Shakopee City Code, Section 11.85, Subd. 2, for a Conditional Use Permit to operate a mine; and WHEREAS, this parcel is presently zoned Agriculture (AG) with a Mining Overlay (MIN); and WHEREAS, the property upon which the request is being made is legally described as follows: The Northeast Quarter of the Northwest Quarter of Section 16, Township 115 North, Range 22 West, Scott County, Minnesota. Also: the West Half of the Northwest Quarter of Section 16, Township 115 North, Range 22 West, Scott County, Minnesota, lying north and easterly of the northeasterly tight of way line of the Chicago, Milwaukee, St. Paul and Pacific Railway. Also: That part of the Southeast Quarter of the Northeast Quarter of Section 17 Township 115 North, Range 22 West, Scott County, Minnesota, lying northeasterly of the northeasterly right of way line of the Chicago, Milwaukee, St. Paul and Pacific Railway. and WHEREAS, notice was provided and the Shakopee Planning Commission held a public hearing regarding this application on Nov. 4, 1993, and Dec. 9, 1993; and the Shakopee Board of Adjustment and Appeals held a public hearing regarding this application on March 9, 1995; April 6, 1995; May 4, 1995; June 8, 1995; July 6, 1995; August 3, 1995; and September 7, 1995, at which it heard from the Planning Director and invited members of the public to comment; and WHEREAS, at the conclusion of the public hearing on September 7, 1995, the Board of Adjustment and Appeals voted to approve the application; and WHEREAS, a written appeal was filed with the City Administrator by Beverly J. Koehnen within ten days of the action of the Board of Adjustment and Appeals; and WHEREAS, the City Council has reviewed the application, the record before the Planning Commission, the record before the Board of Adjustment and Appeals, and the Board of Adjustment and Appeal's action, and found no substantial errors or omissions. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, as follows: That the City Council hereby upholds the decision by the Board of Adjustment and Appeals and approves Amendment No. 3 to the Mineral Extraction and Land Rehabilitation Permit and Conditional Use Permit No. 376, and Approves the Renewal of Mineral Extraction and Land Rehabilitation Permit and Conditional Use Permit No. 376 and Amendments 1 and 2. Passed in session of the City Council of the City of Shakopee, Minnesota, held this day of , 1995. Mayor of the City of Shakopee Attest: City Clerk Approved as to form: City Attorney Memo To: Shakopee Planning Commission From: Terrie A. Thurmer, Assistant City Plann:` I Meeting Date: September 7, 1995 Re: Amendment to Mineral Extraction and Land Rehabilitation Permit and Conditional Use Permit No. 376 for Fischer Aggregates, Inc. (Public hearing continued from August 3rd meeting) SITE INFORMATION Applicant: Fischer Aggregates, Inc. Owners: Fischer Enterprises and J. Kenneth Rutt Location: West of CR 83 and south of CR 16. Current Zoning: Agricultural(AG)Zone, with a Mining Overlay. (See Exhibit A.) Adjacent Zoning: North: Rural Residential (R-1) South: Agricultural (AG) East: Agricultural(AG) West: Agricultural(AG) Comp. Plan: 1980: Agricultural(AG) Draft 1990: Gravel Pit Draft 1995: Future Urban Area/Mining Overlay Area: 136 Acres. (This includes the 5 acre Rutt farmstead which is being acquired.) MUSA: The site is not within the MUSA at this time. Case History On April 5, 1988, the Shakopee City Council granted Scott County Lumber Conditional Use Permit No. 376 to permit mineral extraction and land rehabilitation in the Agriculture Zoning District. The permit was approved subject to the conditions listed in Resolution No. 376. (See Exhibit B.) Two amendments have also been approved for the site. Amendment No. 1 was approved in June of 1991 which allowed the installation of two exterior lights; and Amendment No. 2 was approved in September of 1992 which allowed the use of two propane tanks on the site. The amendment resolutions are also included with Exhibit B. On September 17, 1991, the Shakopee City Council adopted Ordinance No. 304. This ordinance deleted mineral extraction as a Conditional Use in the Agricultural and Rural Residential Zones, making the mine a legal, nonconforming use. At the October 7, 1993, meeting of the Planning Commission, the applicants made a presentation to the Planning Commission regarding several operational changes which would require an amendment to Resolution No. 376. The requests included an expansion of the site to include property owned by Kenneth and Shirley Rutt; an increase in the mining depth; an increase in the grade of the side slopes of the mine; and an extension of the hours of operation. A report which provided detailed information on their proposed amendments was distributed at that meeting. The public hearing regarding these amendment requests was scheduled for 1 • the November 1993, meeting. However, the applicant requested that the public hearing be rescheduled to the December Planning Commission meeting in order to allow time for the applicant to meet with neighbors on the proposed operational changes. An informational meeting was held on November 23, 1993. All of the amendment requests represented an expansion of a nonconforming use. Under the provisions of the Zoning Ordinance, the expansion of a legal nonconforming use could not occur. The update of the Shakopee Zoning Ordinance proposed adding mining as an overlay district in both the Heavy Industrial Zoning District, and in other zones with an existing mine. Therefore, the applicant requested a time extension for the application in order to allow adequate time for the Zoning Ordinance update to be considered by the City. At their December 9, 1993, meeting, the Planning Commission continued the public hearing regarding the amendment requests until after the adoption of the revised Zoning Ordinance so that the applicants could request their amendments under the provisions of the new Mining Overlay District. Condition No. 1 of Resolution No. 376 requires both an annual review, and a renewal every three years. The permits were approved in 1988, and the required annual reviews occurred in 1989 and 1990. The permit was once again renewed by the Planning Commission in 1991, and the required annual reviews were held in 1992 and 1993. Another renewal of the permit is being requested at this time, along with a number of amendments to the permit. During the 1993 annual review of the permits (at that time, the mining operation was owned by NBZ Enterprises, Inc.) the Shakopee Planning Commission found that the operation was not in compliance with Conditions No. 16 and 17 of Resolution No. 376 (exceeding the 4:1 slopes and exceeding the mining depth of 16 feet). However, they directed staff not to take any enforcement actions until after the review of the amendment requests from Fischer Enterprises, and after the preparation of an Environmental Assessment Worksheet(EAW)which was required for the proposed amendments. The EAW has now been completed, and at their January 3, 1995, meeting, the Shakopee City Council made a negative declaration on the need for an Environmental Impact Statement (EIS), and the processing of the amendments to the Conditional Use Permit was allowed to continue. The public hearing was reopened at the March 9, 1995, meeting of the Board of Adjustment and Appeals. At this meeting, meeting, staff recommended that the Board of Adjustment and Appeals continue the public hearing for the following reasons: 0 Renewal: Since Conditions 16 and 17 are not in compliance at this time, but could be resolved with approval of the amendments proposed by Fischer Enterprises, staff recommended approval of the renewal, if and when the proposed amendments are approved by the Board of Adjustment and Appeals. (Condition 16 states, "The Gravel Extraction Plan, Map B, as submitted by the applicant, shall be adhered to, without modifications, unless approved by the City Council". Condition 17 states, "The applicant shall prepare in report form, a plan for operation, which, if acceptable, shall be adopted by resolution as the Mining Permit. The Plan for Operation shall be comprised of 1) The submitted Maps A, B, and C; 2) The conditions of the approved permits; and 3) Background information as contained in the memo prepared by Merila and Associates, Inc., dated April 30, 1985") 2 0 Amendments: At the March 9, 1995, meeting, staff expressed concern regarding the End Use Plan submitted by the applicant. Therefore, staff recommended continuing the public hearing until additional information on the viability of the End Use Plan could be submitted by the applicant and reviewed by staff. At the March meeting, the Board, as well as a many residents, expressed concerns over the proposed amendments. Staff met with the applicants and provided a list of the concerns expressed by the Board of Adjustment and Appeals, as well as concerns expressed by residents and staff. However, at the April 6, 1995, meeting, the applicants submitted a letter requesting that the public hearing be continued due to time limitations for the preparation of responses to these concerns. The Board of Adjustments and Appeals continued the public hearing to the May 4, 1995, meeting of the Board of Adjustment and Appeals. At the May meeting, the public hearing was continued to the June 8, 1995, meeting at the recommendation of staff. There were a number of planning and engineering issues that remained unresolved regarding the end use plan. Therefore, staff was not in a position to make a recommendation without additional information from the applicant and further time for analysis at a staff level. At the June meeting, the Board continued the public hearing to the July 6, 1995, meeting at the request of the applicant. The applicant submitted a letter requesting that the public hearing be continued to allow additional time to revise their reclamation plan. At the July 6th meeting, the applicants presented additional information to the Board regarding their revisions to the end use plan. They addressed many of the planning and engineering issues that had been of concern. However, the applicants had also requested a text amendment to the Zoning Ordinance regarding a reduction in the 500 foot topographical information required as a submittal for mining operations. They requested that the public hearing be continued to allow them to receive a recommendation from the Planning Commission, and a decision from the City Council regarding this request. Also at the July 6th meeting, the Planning Commission recommended to the City Council that Section 11.88, Subd. 2 (S.3)be amended to require topographic information within 100 feet of the site drawn at a scale of one (1) inch to one hundred (100) feet. However, it added that the City Engineer was to use the appropriate discretion to require additional topographic information in order to evaluate the potential impact upon neighboring properties. At the July 18, 1995, meeting of the City Council, the Council discussed this request at great length, and the general consensus was that it felt that topographical information within 1,000 feet should be required. However, the City Engineer would be able to reduce this requirement on a case by case basis if certain criteria were met. The decision was tabled, and the Council directed staff to come back with draft criteria for the City Engineer to follow. The applicants withdrew their text amendment request. However, at their August 1, 1995, meeting, the City Council directed staff to prepare an amendment to the ordinance which would require topographic information at a distance equal to the proposed depth of the mine multiplied by 7%. At the August 3, 1995, meeting of the Board of Adjustment and Appeals, the public hearing regarding the amendment to the Conditional Use Permit was continued to the September 7, 1995, meeting. This 3 continuation was made at the applicant's request to allow time for the applicants to provide the required topographical information to City staff for review. INTRODUCTION Condition No. 1 of the Conditional Use Permit and the Mineral Extraction and Land Rehabilitation Permit No. 376 requires an annual review of the mining operation, and a renewal of the permits every three years. The subject site is located west of CR 83 and south of CR 16, within the Agricultural (AG)Zoning District. (See Exhibit A.) The applicant is requesting a renewal of Mineral Extraction and Land Rehabilitation Permit and Conditional Use Permit No. 376, as well as the following Amendments to the permit: Amendments Requested: 1) Expand the operation to include the 5 acre Rutt Farmstead; 2) Relocate the natural gas pipeline on the site; 3) Relocate the central processing area; 4) Increase the final development grades from an elevation of between 800 to 810 feet to an elevation of between 774 and 814 feet; 5) Change the operation from three to five phases; 6) Extend the number of years for the mining operation from 17 years to 20 years; 7) Increase the cubic yards of materials mined from 1,640,000 to 3,750,000 cubic yards; and 8) Expand the hours of operation from 8:00 am to 5:00 pm, Monday through Friday, to 7:00 am to 7:00 pm. Exhibits are attached as follows: Exhibit A, Zoning Map; Exhibit B, Mineral Extraction and Land Rehabilitation Permit and Conditional Use Permit No. 376 and Amendments 1 and 2; Exhibit C, Section 11.52, Mining Overlay Zone; and Exhibit D, A letter to the members of the Board of Adjustment and Appeals from Kenneth and Shirley Rutt (with attachments) expressing their support for inclusion of their 5 acre farm site into the mine area. The document submitted by the applicant and titled, "Fischer Aggregates, Inc., Conditional Use Permit, Shakopee, August 1995"was provided at the August 3rd meeting. (You may wish to review this document, and bring it to the September 7, 1995, BOAA meeting for discussion purposes.) The applicant is requesting an Amendment to the Permit, as per the following section of the City Code: Section Subd. Subject Section 11.52 Subd. 4 Conditional Uses within the Mining Overlay Zone: "B. Mining" DISCUSSION A. Request for Renewal of the Permit: The findings of staff in regard to each of the conditions listed in Conditional Use Permit Resolution No. 376 and its amendments have been provided below: Resolution No. 376 1. The renewal and proposed amendments are being processed with this application. 4 2. City Council approved the Mineral Extraction and Land Rehabilitation Permit in 1988. 3. Condition met. 4. Condition met. 5. Condition met. 6. Condition met. 7. Condition met. 8. Condition met. 9. Condition met. The City received two complaints regarding the hours of operation in 1994 (Complaints regarding operating prior to 8:00 AM on 10/31 and 11/10). However, the applicant is requesting an amendment to this condition to change the hours of operation from 8:00 am to 5:00 pm to 7:00 am to 7:00 pm. 10. The City did not receive complaints regarding dust in 1994. 11. The City did not receive complaints regarding noise in 1994. 12. This condition was amended. (See Amendment No. 2.) 13. This condition was amended. (See Amendment No. 1.) 14. Condition met. 15. Condition met. 16. Condition not met. Enforcement on hold pending amendments. 17. Condition not met. Enforcement on hold pending amendments. 18. Condition met. 19. Condition met at this time. The City has not received any complaints on the mining operation in 1994. However, the applicant is requesting an amendment to this condition to extend the life of the operation from 17 years to 20 years. Amendment No. 1 20. Condition met. Amendment No. 2 21. Condition met. B. Request for Amendments to the Permit: Staff has reviewed the document submitted by the applicant and titled, "Fischer Aggregates, Inc., Conditional Use Permit, Shakopee, August 1995" and has the following comments related to the Shakopee City Code: Page Topic Item Comments v Definitions 10 Sec. 11.88, Subd. 2.S (19) states that the maximum area without ground cover or being mined at one time is limited to 20 acres. not • 25 acres as stated by the applicant.. 1 Introduction 1.A The Site Location should be T-I15, not T-11S. 10 Overall Desc. A.1 Sec. 11.88, Subd. 2.S (19) states that the maximum area without ground cover or being mined at one time is limited to 20 acres, not 25 acres as stated by the applicant.. 5 11 Access Road A.4 Sec.11.88. Subd. 2.S (6) requires the operator to pave or gravel all roads within 450 feet of any other zone to minimize dust conditions. 11 Phase I A.5 Sec. 11.88, Subd. 2.S (19) states that the maximum area without ground cover or being mined at one time is limited to 20 acres. not 25 acres as stated by the applicant.. 19 Haul Roads 4.b. Sec.11.88. Subd. 2.S (6) requires the operator to pave or gravel all roads within 450 feet of any other zone to minimize dust conditions. 26 Setbacks E. Section 11.52, Subd. 6.B. states that the minimum setback from any residential zone is 100 feet. The applicant is proposing a 100 foot setback from the property line for processing, but only a 30 foot setback for mining operations. Although a 30 foot setback is allowed from a business or industry zone, the site is adjacent to Agricultural and Rural Residential Zones, and a 100 foot setback is required on all sides (except the side directly adjacent to CR 83), for all activities related to the mining operation. Written consent from the adjacent property owner is not a consideration. The side of the site located directly adjacent to CR 83 requires only a 30 foot setback. 30 Proc. Slopes H.1 The applicant states that slopes and stockpiles around the central processing area will vary from 2:1 to 3:1. The site is adjacent to a residential zone. Sec.11.52, Subd. 14, requires that, "where slopes occur that are steeper than (1)foot vertical to three (3)feet horizontal,for a period of one (1) month or more, all access to such slopes shall be barred by a fence or other barrier at least four (4)feet in height". 30 Side slopes H.3 The applicant states that slopes and stockpiles around the central processing area will vary from 2:1 to 3:1. The site is adjacent to a residential zone. Sec.11.52, Subd. 14, requires that, "where slopes occur that are steeper than (1)foot vertical to three (3)feet horizontal,for a period of one (1) month or more, all access to such slopes shall be barred by a fence or other barrier at least four (4)feet in height". 31 Maintenance H.5 Sec. 11.52, Subd. 16, requires that the applicant cut or trim weeds and other unsightly or noxious vegetation as may be necessary to preserve a reasonably neat appearance and to prevent seeding on adjoining property. 6 '..s. ..::.«4. .r:'.;•.-u« w�-."y":r'.�., .. .. ' '...._. .... .....,:. ._.;': ,, r-.. . .`.. r ._ +.f .. . ...e,. •_..... ¢ u...>.n .. ... . ., ^srwniw-�+.bn�mmr•...+x.... ... 31 Hours J. Although Sec. 11.52, Subd. 18 allows mining between the hours of 7:00 AM and 7:00 PM, it also states that, "Shorter hours may be established in the Conditional Use Permit". The existing permit limits the hours of operation from between 8:00 am to 5:00 pm, Monday through Friday. In 1991, the Shakopee Planning Commission denied a request by Scott County Lumber(owners at the time)for an expansion of the hours of operation to 7:00 am to 7:00 pm Monday through Saturday. Scott County Lumber appealed this decision to the City Council, and in June of 1991, the City Council concurred with the decision of the Planning Commission and denied the request. Staff recommends that the existing hours of operation be maintained due to the close proximity to residential structures, and that no"special permit"be allowed by the City Council. 32 Traffic 2.b A ready-mix operation is not approved for this site, and this type of operation has not been proposed as an amendment to this Conditional Use Permit. A ready mix operation is not an accessory use to mining, but is a processing operation that is not a permitted use within the Agricultural Zone. 32 Traffic 2.e A ready-mix operation is not approved for this site, and this type of operation has not been proposed as an amendment to this Conditional Use Permit. A ready mix operation is not an accessory use to mining, but is a processing operation that is not a permitted use within the Agricultural Zone 33 Figure 1 A ready-mix operation is not approved for this site, and this type of operation has not been proposed as an amendment to this Conditional Use Permit. A ready mix operation is not an accessory use to mining, but is a processing operation that is not appropriate within the Agricultural Zone 47 Permits A The City of Shakopee does not require an "annual excavation permit". However, the Board of Adjustment has the authority to require an annual review of the Conditional Use Permit. 47 Permits F The City of Shakopee does not have provisions for approval of a "Special Permit" for a request for additional hours of operation. The hours of operation must be approved by the BOAA, and will be specified in the Conditional Use Permit. 48 Controls A Sec. 11.88, Subd. 2.S (19) states that the maximum area without ground cover or being mined at one time is limited to 20 acres. not 25 acres as stated by the applicant. 7 _...,., �:'7r�'. '. '..ae,:;f..3ev ..'�'..�iS;'i. ..�_S^•sar:3�TRstx^.�Nraeer•:ta::s:cY�s��-.�!rser:xoc:.mf.7a:.-.... ,. .... ....y,,..,_,,.. 48 Controls C Sec. 11.52, Subd. 5, referred to by the applicant, is the portion of the City Code which references Permitted Accessory Uses within the Mining Overlay Zone. A ready mix operation is not an accessory use to mining, but is a processing operation that is not a permitted use within the Agricultural Zone. 49 Coordination C The City of Shakopee does not require an "annual excavation permit". However, the Board of Adjustment has the authority to require an annual review of the Conditional Use Permit. 49 Permits/Lic. A The City of Shakopee does not require an "annual excavation permit". However, the Board of Adjustment has the authority to require an annual review of the Conditional Use Permit. 50 Permits/Lic. B & C The City of Shakopee has an enforcement process in place and will enforce the conditions of the Conditional Use Permit in accordance with that process. Findings The criteria required for the granting of'Conditional Use Permits are listed below with draft staff findings: Criteria#1 The use will not be injurious to the use and enjoyment of other property in the immediate vicinity for the purposes already permitted, nor substantially diminish and impair property values within the immediate vicinity; Draft Finding#1 The proposed amendments to the permit, as conditioned,will not be injurious to the use and enjoyment of other property in the immediate vicinity for the purposes already permitted, nor substantially diminish and impair property values within the immediate vicinity. Criteria#2 The establishment of the conditional use will not impede the normal and orderly development and improvement of surrounding vacant property for uses allowed in the area; Draft Finding#2 The proposed amendments to the permit will impede the normal and orderly development and improvement of surrounding vacant property by extending the operation of the mine by another three years. Criteria#3 Adequate utilities, access roads, drainage, and other necessary facilities have been or are being provided; Draft Finding#3 Adequate utilities, access roads, drainage, and other necessary facilities have been or are being provided. 8 Criteria#4 The use is consistent with the purposes of the zone in which the applicant intends to locate the proposed use; and The proposed amendments to the permit, as conditioned, are consistent with the purposes of the Agricultural Zone. Criteria#5 The use is not in conflict with the Comprehensive Plan. Draft Finding#5 The area is designated as Future Urban Area, with a Mining Overlay in the Land Use Chapter of the draft 1995 Comprehensive Plan. However, the proposal may be in conflict with the portion of the Land Use Chapter which discusses the planning of trunk sewer service to the subject site and the area surrounding the site. ALTERNATIVES 1. Approve the renewal of the permit and approve some of the requested amendments to the permit, subject to conditions. 2. Approve the renewal of the permit and approve all of the requested amendments to the permit, subject to conditions. 3. Continue the public hearing regarding the request for the amendments to the permit and the request for a renewal of the permit. 4. Approve the request for a renewal of the permit, but deny the requested amendments to the permit, stating the reasons for the denial. 5. Deny the request for the amendments to the permit and deny the request for a renewal of the permit, stating the reasons for the denials. STAFF RECOMMENDATION 1. Renewal: Since Conditions 16 and 17 are not in compliance at this time, but would be resolved with approval of amendments proposed by Fischer Enterprises, staff is recommending approval of the renewal, if and when the proposed amendments are approved by the Board of Adjustment and Appeals. 2. Amendments: Staff recommends approval of the following requested amendments, subject to the conditions discussed in the attached Resolution No. 713: a) Expand the operation to include the 5 acre Rutt Farmstead; b) Relocate the natural gas pipeline on the site; c) Relocate the central processing area; d) Increase the final development grades from an elevation of between 800 to 810 feet to an elevation of between 774 and 814 feet; e) Change the operation from three to five phases; 9 f) Extend the number of years for the mining operation from 17 years to 20 years; and g) Increase the cubic yards of materials mined from 1,640,000 to 3,750,000 cubic yards; Staff recommends the denial of the following requested amendment: a) Expand the hours of operation from 8:00 am to 5:00 pm, Monday through Friday, to 7:00 am to 7:00 pm. ACTIONS REQUESTED 1. Offer Resolution No. 713, a Resolution approving Amendment No. 3 to the Mineral Extraction and Land Rehabilitation Permit and Conditional Use Permit No. 376, and move its approval; and 2. Offer a motion approving the renewal of Mineral Extraction and Land Rehabilitation Permit and Conditional Use Permit No. 376 and Amendments 1 and 2, and move its approval. i:'planning\pc_boaa\1995\pc0907\amendfis.sep 10 : vi{'bs':'?..s .",c.;.z ^tt -v,.L.Y -';k.: -... 'v:, i.,:w._t._'e -.. -...,.-__ .e.•. -r.a,:.'^,.. . .-- eA9F}.ri!'.w.avnv v!u+1. :eutcaa+�xa+senewwrxwrsa seaut .. w.. EXHIBIT A . ------- . -- I ---- 4 .,ffilk.A. —_-1. litik .„..., cwram+er : . ijr �l to ' Wfir ; Ire.•:„.....• .„ ':1 i `,' �� -' , '!iii- :,,i t` ...rte --- : i, ,4 ! RR I _ -- --------r" . • ,..,....„ .1 . . par.:;:m.:;:gri CT SITE lXjti;. ... SUBJECT ;. 1 ` • t -;:.-f'::.:r.-:1 .--- : • - FA . ,ii; ...‘"A# A — - - • F . • . '6 .4C;;•-.-.''':..-:- ' .,.. r AG P •• • •• z",_. ;-42r 1 f f . - ----- -- r-• —. --- I i I AG AGRICULTURE 0 k = RR RURAL RES':DE N-IAL AG = R 1 A LOW DENSITY RESIDE".T - 1 I 1 R1 B URBAN RESIDENTIAL I 1 RIC OLD SHAKOPEE RESIDEN.N_ • RR i 1 R2 MEDIUM DENSITY RESIDTNT.AL 1 1 R3 MULTIPLE FAMILY RESIDENT:= EXHIBIT B CITY OF SHAKOPEE CONDITIONAL USE PERMIT RESOLUTION OF THE CITY COUNCIL NO. 376 WHEREAS, Scott County Lumber/Bert Notermann having duly filed an application for a Conditional Use Permit dated September 21, 1984 under the provisions of the Shakopee Zoning Ordinance, Section 11 . 04, Subd. 6, as follows: to approve the application for mineral extraction and land rehabilitation in the Agriculture zoned area; and - WHEREAS, the property upon which the request is being made is described as the SE 1/4 of NE 1/4 of Section 17, NE 1/4 of NW 1/4 of Section 16, W 1/2 of NW 1/4 of Section 16, on County Road 83 ; and WHEREAS, the City Council did on August 20, 1985 adopt Resolution #2427 denying the Conditional Use Permit, which denial was appealed; and WHEREAS, the Minnesota Court of Appeals has ordered the City of Shakopee to issue the Conditional Use Permit with conditions. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, that the aforementioned Conditional Use Permit be and is hereby granted subject to the following conditions: 1 . The Conditional Use Permit and Mining Permit be reviewed annually. Both permits to be renewed every three years. 2 . Conditional Use Permit approval be contingent upon City Council approval of the Mineral Extraction and Land Rehabilitation Permit. 3 . Security fencing shall be used on the main access roads to control vehicular access to the mining and equipment area. 4 . The applicant shall obtain a County Road Entrance Permit from the Scott County Highway Engineer. 5. County Road weight restrictions shall be adhered to. Truck traffic shall be limited to the use of County Road 83 to Hwy 101 and CR 42 . Absolutely no truck traffic from the mining operation shall be routed through the urban portion of the City of Shakopee. 6 . Eight to ten foot berms shall be built around the perimeter of each phase. Berms must be fully seeded to prevent erosion. 7. The mining operation shall maintain the following minimum setbacks: 100 feet from any residential or commercial property line; 500 feet from any residential or commercial structure; 30 feet from any road right-of-way. 8 . All portable buildings must be approved by the Building Official . 9 . The hours of operation shall be limited to 8 : 00 A.M. to 5: 00 P.M. , Monday thru Friday. 10. Dust must be controlled by paving main access roads, watering haul roads and equipment and by any other means which will control adverse affects of dust on neighboring properties. 11 . Noise emissions shall not exceed the noise limits as noted in Section 10. 60 (Noise Elimination and Noise Prevention) of the Shakopee City Code, nor the MPCA Standards. 12 . There shall be no on-site storage of fuel and no use or storage of explosives. 13 . No exterior lighting shall be used at the operation site. 14 . Stockpiles of gravel shall not exceed 25 feet in height. 15. The applicant shall be responsible for reimbursing the City for all costs incurred in reviewing the permit through the life of the operation. 16. The Gravel Extraction Plan (Map B) and the End Use Plan (Map C) as submitted by the applicant, shall be adhered to, without modifications, unless approved by City Council . 17 . The applicant shall prepare in report form, a plan for operation, which if acceptable, shall be adopted by resolution as the Mining Permit. The Plan for Operation shall be comprised of 1) the submitted maps A, B, C; 2) the conditions of the approved permits 3) background information as contained in the memo prepared by Merila and Associates, Inc. ; dated April 30, 1985. 18 . An Environmental Assessment Worksheet shall be prepared and processed in accordance with the State of Minnesota's adopted Environmental Review Program. No action shall commence on the subject property until a Negative Declaration has been filed and the required 30 day review and comment period has elapsed. If the EAW substantiates the need for an Environmental Impact Statement, no action shall commence on the subject property until said document has been prepared and any and all modifications have been made in the proposed operation, to mitigate potential adverse environmental impacts. 19 . The City's approval of the permits (C.U.P. and Mining) is made in reliance upon the applicant's representations regarding the life of the operation (17 years) . Any factors, or future developments which significantly delay the completion of the mining operation, may be viewed by the City as sufficient grounds to deny the three year renewal of the permit. 20 . The Conditional Use and Mining Permits may be reviewed prior to the scheduled annual review, if the City receives complaints, supported by evidence indicating that the conditions of this permit are being violated. Upon receipt of such complaints, or a the City Council's own initiation, the City shall schedule a public hearing, in accordance with the proper procedures for notice and publication. If the City Council finds that the applicants have substantially, or repeatedly violated the terms of this agreement, the Council may revoke said permit. BE IT FURTHER RESOLVED, that pursuant to Shakopee City Code, Sec. 11 . 04, Subd. 6C-12, if an approved Conditional Use Permit is noI ut,ilized within oneear from date herein approved or by CIAMLC S , 19 (I it shall become null and void. Adopted in .1 J.9.UJi session of the City Council of the City of Shakopee, Afinnesota held this 5 day of l Ru 19 € . 4e..‹ ..../�. c-c/ I72• Mayor of the City of Shakopee ATTEST:. J 0Ud gi Cit Clerk `1 App9Ved as to form this -5- day of / , 1988 . • City Attorney CITY OF SHAKOPEE AMENDMENT NO. 1 CONDITIONAL USE PERMIT RESOLUTION NO. CC - 376 WHEREAS, Scott County Lumber/Bert Notermann having duly filed an application for a Conditional Use Permit dated September 21, 1984 under the provisions of the Shakopee Zoning Ordinance, Section 11. 04 , Subd. 6, as follows: to approve the application for mineral extraction and land rehabilitation in the Agriculture zoned area; and WHEREAS, the property upon which the request was made was described as the SE 1/4 of NE 1/4 of Section 17, NE 1/4 of NW 1/4 of Section 16, W 1/2 of NW 1/4 of Section 16, on County Road 83; and WHEREAS, the City Council did on August 20, 1985 adopt Resolution #2427 denying the Conditional Use Permit which denial was appealed; and WHEREAS, the Minnesota Court of Appeals has ordered the City of Shakopee to issue the Conditional Use Permit with conditions; and WHEREAS, the City Council did on April 5, 1988 adopt Conditional Use Permit Resolution No. 376, which approved the application subject to twenty conditions including a renewal of the permit every three years; and WHEREAS, the applicant (now known as NBZ, Inc. ) did duly file an application to the Conditional Use Permit on March 22, 1991 for the renewal and two amendments as follows: to extend the hours of operation from 8 :00 a.m. - 5: 00 p.m. Monday through Friday to 7:00 a.m. - 7.: 00 p.m. Monday through Saturday and to allow exterior security lighting to be placed on the subject property; and WHEREAS, the Shakopee Planning Commission on May 9, 1991 denied the amendment for the extension of hours and approved the amendment request for security lighting and granted renewal of the permit for an additional three-year period; and WHEREAS, the Shakopee Planning Commission also replaced Condition 13 with a new Condition 13 as follows: 13 . No direct exterior lighting shall be visible from adjacent properties or the public right-of-way. Two 125 watt high pressure sodium security lights can be installed on the site and they must be located on the site as shown on the submitted plan; and WHEREAS, the applicant has appealed the Shakopee Planning Commission' s decision to deny the amendment extending the hours of operation to the City Council . NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE as follows: That the application for an amendment to Conditional Use Permit Resolution No. 376, requesting an extension of operation hours to 7:00 a.m. - 7: 00 p.m. Monday through Saturday is DENIED. Adopted in regular session of the City Council of the City of Shakopee, Minnesota held this 4th day of June, 1991. Mayor o ti of Shakopee ATTEST: Oltu-rl. t City C erk Approved as to form. City Attorney / Ci" • CITY OF SM KOPEE AMENDMENT NO. 2 CONDITIONAL USE PERMIT RESOLUTION NO. PC-376 WHEREAS, Scott County Lumber/Bert Notermann having duly filed an application for a Conditional Use Permit dated September 21, 1984 under the provisions of the Shakopee Zoning Ordinance, Section 11. 04 , Subd. 6, as follows: to approve the application for mineral extraction and land rehabilitation in the Agriculture zoned area; and WHEREAS, the property upon which the request is being made is correctly described as following: That part of the SE 1/4 of the NE 1/4 of Section 17, Township 115N, Range 22W, Scott County, Minnesota lying Northeasterly of the Northeasterly right-of-way line of the Chicago, Milwaukee, St. Paul and Pacific Railroad; also, the NE 1/4 of the NW 1/4 of Section 16, Township 115N, Range 22W, Scott County, Minnesota; also the W1/2 of the NW 1/4 of Section 16, Township 115N, Range 22W, Scott County, Minnesota lying North and Easterly of the Northeasterly right-of-way line of the ' Chicago, Milwaukee, St. Paul and Pacific Railroad, excepting therefrom, the following described tract of land: Beginning at a point on the West line of said Section 16, distant 955. 00 feet South of the Northwest corner thereof; thence South along said West line a distance of 545. 0 feet; thence East at right angles a distance of 400. 00 feet; thence North at right angles a distance of 545. 00 feet; thence West at right angles a distance of 400. 00 feet to the point of beginning. WHEREAS, the property formerly was incorrectly described as follows: The SE 1/4 of NE 1/4 of Section 17 , NE 1/4 of NW 1/4 of Section 16, W 1/2 of NW 1/4 of Section 16, on County Road 83 ; and WHEREAS, the City Council did on August 20, 1985 adopt Resolution #2427 denying the Conditional Use Permit which denial was appealed; and WHEREAS, the Minnesota Court of Appeals has ordered the City of Shakopee to issue the Conditional Use Permit with conditions. WHEREAS, the City Council did on April 5, 1988 adopt Conditional Use Permit Resolution No. 376 , which approved the application subject to twenty conditions including a renewal of the permit every three years . WHEREAS, the applicant having duly filed an application to amend the Conditional Use Permit on June 15, 1992 to allow for the on-site storage of two propane tanks used exclusively for heating purposes. NOW, THEREFORE, BE IT RESOLVED BY THE SHAKOPEE PLANNING COMMISSION OF THE CITY OF SHAKOPEE, that the aforementioned Conditional Use Permit application amendment for allowing on-site storage of propane fuel tanks is hereby approved with the replacement of Condition No. 12. 12 . There shall be no on-site storage of fuel and no use or storage of explosives except for two propane tanks, one 325 gallon tank located next to scale building and one 100 pound tank located next to the maintenance/electrical building. The propane shall be used to heat these two buildings only. The propane tanks must be installed and maintained in accordance with State Fire Marshal Rules (Chapter 7510. 3100 - 7510. 3280) . BE IT FURTHER RESOLVED, that pursuant to Shakopee City Code, Section 11. 04, Subd. 6C-12, if an approved Conditional Use Permit is not utilized within one year from date herein approved or by September 3, 1993 , it shall become null and void. AND BE IT FURTHER RESOLVED, that the correct legal description shall be substituted for the incorrect one. Adopted in regular session of the Shakopee Planning Commission of the City of Shakopee, Minnesota held this 3rd day of September, 1992 . ILA4I4CtLS Chairperson of the • =n, g Commission ATTEST: /0 V . -...tv City Planne EXHIBIT C 4 . shall provide the City with information regarding the nature and location of all explosive materials, and keep such information current . S . mining: 1 . shall provide the City with the exact legal description and acreage of area to be mined; 2 . shall provide the City with an aerial photograph of the site prior to any mining; 3 . shall provide the City with the following maps of the entire site and all areas within 500 feet of the site, drawn at a scale of one (1) inch to one hundred (100) feet : a. Map A - Existing conditions to include: i. contour lines at two (2) foot intervals; ii. existing vegetation; iii. existing drainage and permanent water areas; iv. existing structures; v. existing wells; and vi. cross-sectional views from each direction; b. Map B - Proposed operations to include: i . structures to be erected; ii. location of sites to be mined showing the maximum depth of proposed excavation; iii. location of tailings deposits showing maximum height of deposits; iv. location of machinery to be used in the mining operation; v. location of storage of mined materials, showing height of storage deposits; vi . location of parking facilities; vii. location of storage of explosives; 168 viii .erosion an.d sediment control structures; ix. location of proposed wells, and the depth • to the water table; x. location of proposed washing operations; xi . a mining_ quantities table showing the quantity and type of materials expected to be mined in each phase and each year; and . xii. cross-sectional views of the site during each phase from each direction; c. Map C - End use plan to include: i , final _ grade of proposed site showing elevations and contour lines at two (2) foot:intervals; ii. location and species of vegetation to be replanted; iii. location and nature of any structures to be . erected in relation to the end use . plan; and . - iv. . cross-sectional views of the site after final grading; 4 . shall provide the-.City with a full and adequate description of all- phases of the proposed operation to include an -estimate of duration of the mining - operation; 5 . shall -provide a dust control plan detailing the methods proposed for controlling dust, application rates and .time frames, and volumes of water to be used; • 6. shall pave or gravel all roads which are within 450 feet of any .other zone to minimize dust conditions; _ 7 . shall provide_ .a noise control plan showing all occupied structures within 1000 feet of the mining site, existing noise contours in 5 Db intervals, and noise contours .anticipated during operations for each phase; . _ 8 . shall provide a vibration control plan; 169 f . _ 9 . shall provide a landscape plan prepared by or under the supervision cf a landscape architect showing material types, common and botanical names, sizes, number, and location of proposed plantings; 10 . shall provide lighting and signage plans showing the type, height, and location of all exterior lighting and signs; 11 . shall provide a stormwater management plan showing the stormwater contour lines and drainage patterns prior to, during, and after mining, stormwater runoff calculations, and indicating that the Minnesota Pollution Control Agency' s Best Management Practices shall be followed; 12 . shall provide a traffic analysis prepared by a professional engineer showing the following: a. existing traffic volumes on affected streets; b. anticipated traffic volumes on affected streets; c. anticipated trip generation for each phase or operations change; • d. morning and afternoon peak hour ._ traffic volumes at all driveways into the site; e. recommended traffic improvements both on and off the site; and f. recommended traffic management actions, including truck routing; 13 . shall complete an environmental assessment worksheet; 14 . if adjacent to a residential zone- or within 300 ' feet of two (2) or more residential structures, shall be bound by the following standards : a. where water collects to a depth of one and one-half (1/2) feet or more, for at least one (1) month, and occupies an area of 700 square feet or more, all access to such water shall be barred by a fence or other barrier at least four (4) fee: in height; and b. where slopes occur that are steeper than one (1) foot -vertical to three (3) feet 170 horizontal , for a period of one (1) month or more, all access to such slopes shall be barred by a fence or other barrier at least four (4) feet in height; 15 . shall screen the mining site from adjacent residential or business uses . The mining site also shall be screened from any street within 500 feet . The screening shall be a minimum of eight (8) feet in height, and planted with a fast growing species . Existing trees and ground cover along street frontage shall be preserved, maintained, and supplemented for the depth of the street yard setback, except where traffic safety requires cutting and trimming; 16 . shall cut or trim weeds and any other unsightly or noxious vegetation as may be necessary to preserve a reasonably neat appearance and to prevent seeding on adjoining property; • 17 . shall . .not interfere with surface water drainage beyond the boundaries of the mining operation. The miningoperation shall not adversely affect the quality of surface or subsurface water resources . Surface water originating outside and passing through the mining site shall, at its point of departure from the mining site, be of equal quality to or better quality than the water at the point where it enters the mining site. The mining operator . shall perform any water treatment necessary to comply with this provision; 18 . shall conduct all operations between the hours of 7: 00 a.m. and 7 : 00 p.m. Shorter hours may be established in the conditional use permit; 15 . -for a gravel mine, shall have a maximum area without ground cover or being mined at one time not to exceed twenty (20) acres; and 20. immediately. after operations have ceased, shall be restored in compliance with the following: a. within a period of three (3) months after the termination of a mining operation, or within three (3) months after abandonment of such operation for a period of six months, all mining structures shall be dismantled and removed by, and at the expense of, the mining operator last operating such structures; 171 =. . b. the peaks and depressions of the area shall be graded and backfilled to a surface which will result in gently rolling topography in substantial conformity to the land area immediately surrounding the mining site, and which will minimize erosion due to rainfall . No finished slope shall exceed eighteen percent (16%) in grade; and c . restored areas shall be sodded or surfaced with soil of a qualityat least equal to the _ topsoil of land areas immediately surrounding the mining site, and to a depth of at least six (6) inches, or a greater depth if recommended by the Scott County Soil and Water Conservation District. : Such .required topsoil shall be planted with legumes and grasses . Trees and shrubs also may be planted, but not as a substitute for legumes and grasses . Such planting shall be done .in conformity with Minnesota Pollution Control Agency' s Best Management Practices to adequately retard soil erosion. Excavations completed to a water producing depth need not be backfilled if the water depth is at least-ten- '(10) feet, and if banks shall be sloped to a water line at a slope no greater -.:than three (3) feet horizontal to one . (1) . foot _vertical. The finished grade shall be such that it will not adversely affect the surrounding land or future development of the site upon which mining operations have been conducted. The finished plan shall restore the mining site to a condition whereby it can be utilized for the type of land use proposed to occupy the site after mininc operations cease. T. recycling or composting facilities : - 1. shall conduct all operations either within a building or at least 500 feet from any residential or business zone; • 2 . shall not collect more material on site than can be processed within a 60-day period; and 3 . shall promptly remove from the site all material which has been processed. U. relocated structures : 172 EXHIBIT D J9--/ } /oz '1%4, � / 7e-/6e21Yd 4e--y fZ43,2 Peier2diye,x.,04.,_27 ire .0..,„) 479 to, 3 a-u/ 2:ta_e_ -4;1_0-* ,ae> i4;twet-t-Lou-00. 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'2J � � .�� - - 4 ,, i„,„...(f,...,...i _,...,i,„_& ,.t.L.,r,_,„ ,:_,,, ,..,,,e _,,,..,„„' _ ez,e_.> 7.°_,J2i- „..,' , e,,4 `&_w _Ld _ __.i.„) __„--.e._,....} ail -,6-,--#--orf--t, „7412_> .. -e_x_,/./----iie21A- e-i--ezi-cl-e. e_dee__ , -.. . g c,'4,2-e,I_ ,)_.e-le} q r . A/M-.) /6"--.2. '71-,e. , ' re-e-2.6-1-%e Vie/"_-de ' / 7 / . .-1- J-0`-‘14e 4 1 i � 1 ,1( -ii ---L-,,,, A - -2 , ----- --) ---,- -,--03 -1,,,_& ,Zia,,:, -L,,3 . . ,t/43._/-„,, _.0-LZ -:- W-e teet,, >/: 'el- 1 4,2/ 54 --42-o.-t..-..4 ....ii-zZ /cij ,QC.-2-.e. XLe.:1--P-- -lee--4e-X_.% ) l'est._p__€_ el-e__;-___,.15 v - 0.-:-Let . _ .77:6 -/Ze 4/ 1; . 41 ft-ei ette_a_). .,-6,. i ; ----lc__.c__H .7,.,2_12_.--...,,L t La-e) jeAj-e-0 ,oEM CITY OF SHAKOPEE f ,�tkqa js 129 East First Avenue, Shakopee. Minnesota 55379 44426 v. / 0130005 NIIMO MEMO TO: Doug Reeder , City Admin . ggOS " FROM: Dave Dacquisto, Ass ' t . Zoning Admin . 40) SUBJECTRutt Building Permit Request DATE: October 23 , 1979 Mr. Rutt requests a Building Permit to construct a home on an existing five acre parcel of land in an AG District . There is presently an existing home on the land and the parcel is not on a dedicated public road. The two main issues involved are : 1) the issuance of a Building Permit for a land not on a dedicated public road and; 2) the issuance of a permit for a second home on a lot when only one home is permitted by law. The City cannot , by Conditional Use Permit , or Variance , allow • the construction of a home on land having no access on a public- ally dedicated road. To secure the Permit , the drive now shown as an easement should be increased to a 60 foot right-of-way and dedicated to the City. The land over which the road must pass is owned by Bert Notermann, and at this time, he is unwilling to sell the needed right-of-way, according to the applicant . A reason for this is that Mr. Notermann intends to mine the area for gravel in the future. At this time, I am not sure how this will affect the property in question, however, it seems chat the easement itself may disappear if it is not secured as public right-of-way. This would leave the property with no access to a public road and would land-lock it . This point would need to be resolved between Mr. Rutt and Mr. Notermann. Secondly, we are not generally allowed to permit two homes on one lot 'in the City of Shakopee. I would be in favor of issuing a permit on this point if the owner agrees to demolish or move the existing structure once the new residence is completed and an Occupancy Permit issued. To insure the existing residence is demolished or moved , I would request that the City require a letter of credit in the amount of $5 ,000. I would not oppose the building if the applicant can secure the land from Mr. Notermann for a publically dedicated street . I would not advise issuance of the Permit otherwise even with the knowledge that it is an existing lot . DAD/jiw cc : Phyllis Knudsen 45-•• �e; CITY OF SAAKOPEE t = 129 East First Avenue, Shakopee, Minnesota 55379 ''���'lJ11�^��lj i .1; MEMO TO: Julius A. Coller, II , City Attorney FROM: Douglas S . Reeder, City Administrator SUBJECT: Rutt Building Permit DATE: November 5 , 1979 • After considering the October 23 , 1979, memo from Dave Dacquisto and after a review of the zoning ordinance and discussion with the City Attorney and our Planning Consultant, I have reached the following determinations in the request for this building permit. 1 . ) The lot upon which the house is proposed to be constructed is a lot of record, as defined by the City Code Section 11 :03, Subd. 3 . 2 . ) The use proposed is a continuation of an existing permitted land use which does not totally conform with • the current City Code because the lot upon which the house is constructed does not have frontage on a public road. 3 . ) Subdivision 2 of Section 11 :03 of the City Code allows alterations to be made of existing non-conforming structures when the alterations improve the liability of the dwelling unit and do not increase the number of dwelling units or bulk of the building. 4. ) Subdivision 3 of Section 11 :03 of the City Code specifically prohibits two principal structures on the same lot. Cionclusion: My interpretation of the intent of the City Code is that the Building Permit can be issued if the owner provides a letter of credit for $5,000 to insure the demolition of the original home on the property. I am considering the proposed new structure as an alteration which will permit the continuation of the existing permitted land use on the lot of record. �cc. i din el'r_ DSR/jiw CITY OF SHAKOPEE RESOLUTION NO. PC-713 A RESOLUTION OF THE CITY OF SHAKOPEE,MINNESOTA, GRANTING AMENDMENT NO. 3 TO CONDITIONAL USE PERMIT NO. CC-376 (AND ITS SUBSEQUENT AMENDMENTS NO. 1 AND NO.2) TO OPERATE A MINE WITHIN l'HE MINING OVERLAY (MIN)ZONE. WHEREAS,Fischer Enterprises, owner, and Fischer Aggregates,Inc., applicant, have filed an application dated October 8, 1993, for Amendments to Conditional Use Permit No. CC 376 (and subsequent amendments No. 1 and No. 2) under the provisions of Chapter 11, Land Use Regulation (Zoning), of the Shakopee City Code, Section 11.85, Subd. 2, for a Conditional Use Permit to operate a mine; and WHEREAS, this parcel is presently zoned Agriculture (AG) with a Mining Overlay (MIN); and WHEREAS, the property upon which the request is being made is legally described as follows: The Northeast Quarter of the Northwest Quarter of Section 16, Township 115 North,Range 22 West, Scott County Minnesota. Also: the West Half of the Northwest Quarter of Section 16, Township 115 North, Range 22 West, Scott County,Minnesota, lying north and easterly of the northeasterly right of way line of the Chicago,Milwaukee,St.Paul and Pacific Railway. Also: That part of the Southeast Quarter of the Northeast Quarter of Section 17 Township 115 North,Range 22 West, Scott County,Minnesota, lying northeasterly of the northeasterly right of way line of the Chicago,Milwaukee, St. Paul and Pacific Railway; and WHEREAS,notice was provided and on Nov. 4, 1993; Dec. 9, 1993; March 9, 1995; April 6, 1995; May 4, 1995; June 8, 1995; July 6, 1995; and August 3, 1995, the Shakopee Planning Commission or the Board of Adjustment and Appeals conducted a public hearing regarding this application, at which it heard from the Planning Director and invited members of the public to comment. NOW THEREFORE, BE IT RESOLVED BY THE PLANNING COMMISSION OF THE CITY OF SHAKOPEE, MINNESOTA,AS FOLLOWS: That the application for Conditional Use Permit No. PC-713, a Resolution approving Amendment No. 3 to the Mineral Extraction and Land Rehabilitation Permit and Conditional Use Permit No. 376, is hereby GRANTED, subject to the following conditions: 1. The operators shall comply with the standards and plans outlined in the document submitted by the applicant and titled, "Fischer Aggregates, Inc., Conditional Use Permit, Shakopee, August 1995", with the following modifications and additions: No. Page Topic Item Comments a) v Definitions 10 Sec. 11.88, Subd. 2.S(19) states that the maximum area without ground cover or being mined at one time is limited to 20 acres, not 25 acres, as stated by the applicant. b) 1 Introduction 1.A The Site Location should be T-115, not T-11S. c) 10 Overall Desc. A.1 Sec. 11.88, Subd. 2.S (19) states that the maximum area without ground cover or being mined at one time is limited to 20 acres, not 25 acres, as stated by the applicant. d) 11 Access Road A.4 Sec.11.88. Subd. 2.S (6)requires the operator to pave or gravel all roads within 450 feet of any other zone to minimize dust conditions. e) 11 Phase I A.5 Sec. 11.88, Subd. 2.S(19)states that the maximum area without ground cover or being mined at one time is limited to 20 acres, not 25 acres,as stated by the applicant. f) 19 Haul Roads 4.b. Sec.11.88. Subd. 2.S (6)requires the operator to pave or gravel all roads within 450 feet of any other zone to minimize dust conditions. g) 26 Setbacks E. Section 11.52, Subd. 6.B. states that the minimum setback from any residential zone is 100 feet. The applicant is proposing a 100 foot setback from the property line for processing,but only a 30 foot setback for mining operations. Although a 30 foot setback is allowed from a business or industry zone,the site is adjacent to Agricultural and Rural Residential Zones,and a 100 foot setback is required on all sides(except the side directly adjacent to CR 83),for all activities related to the mining operation. Written consent from the adjacent property owner is not a consideration. The side of the site located directly adjacent to CR 83 requires only a 30 foot setback. It) 30 Proc. Slopes H.1 The applicant states that slopes and stockpiles around the central processing area will vary from 2:1 to 3:1.The site is adjacent to a residential zone. Sec.11.52, Subd. 14,requires that."where slopes occur that are steeper than(1)foot vertical to three(3)feet horizontal,for a period of one(1) month or more, all access to such slopes shall be barred by a fence or other barrier at least four(4)feet in height". i) 30 Side slopes H.3 The applicant states that slopes and stockpiles around the central processing area will vary from 2:1 to 3:1.The site is adjacent to a residential zone. Sec.11.52, Subd. 14, requires that. "where slopes occur that are steeper than(1)foot vertical to three(3)feet horizontal,for a period of one(1) month or more, all access to such slopes shall be barred by a • fence or other barrier at least four(4)feet in height". j) 31 Maintenance H.5 Sec. 11.52, Subd. 16, requires that the applicant cut or trim weeds and other unsightly or noxious vegetation as may be necessary to preserve a reasonably neat appearance and to prevent seeding on adjoining property. k) 31 Hours J. Although Sec. 11.52, Subd. 18 allows mining between the hours of 7:00 AM and 7:00 PM, it also states that, "Shorter hours may be established in the Conditional Use Permit". The existing hours of operation of between 8:00 AM to 5:00 PM, Monday through Friday,shall be maintained due to the close proximity to residential structures. No"special permit"shall be issued by the City Council. 1) 32 Traffic 2.b A ready-mix operation is not approved for this site,and this type of operation has not been proposed as an amendment to this Conditional Use Permit. A ready mix operation is not an accessory use to mining,but is a processing operation that is not appropriate within the Agricultural Zone. m) 32 Traffic 2.e A ready-mix operation is not approved for this site,and this type of operation has not been proposed as an amendment to this Conditional Use Permit. A ready mix operation is not an accessory use to mining,but is a processing operation that is not appropriate within the Agricultural Zone. n) 33 Figure 1 A ready-mix operation is not approved for this site,and this . type of operation has not been proposed as an amendment to this Conditional Use Permit. A ready mix operation is not an accessory use to mining,but is a processing operation that is not appropriate within the Agricultural Zone. o) 47 Permits A The City of Shakopee does not require an "annual excavation permit". However, the Board of Adjustment has the authority to require an annual review of the Conditional Use Permit. p) . 47 Permits F The City of Shakopee does not have provisions for approval of a"Special Permit"for a request for additional hours of operation. The hours of operation must be approved by the BOAA, and are specified in the Conditional Use Permit as between 8:00 AM and 5:00 PM,Monday through Friday. q) 48 Controls A Sec. 11.88, Subd. 2.S(19)states that the maximum area without ground cover or being mined at one time is limited to 20 acres, not 25 acres as stated by the applicant. r) 48 Controls C Sec. 11.52, Subd. 5, referred to by the applicant, is the portion of the City Code which references Permitted Accessory Uses within the Mining Overlay Zone. A ready mix operation is not an accessory use to mining,but is a processing operation that is not appropriate within the Agricultural Zone. s) 49 Coordination C The City of Shakopee does not require an "annual excavation permit". However, the Board of Adjustment has the authority to require an annual review of the Conditional Use Permit. t) 49 Permits/Lic. A The City of Shakopee does not require an "annual excavation permit". However,the Board of Adjustment has the authority to require an annual review of the Conditional Use Permit. u) 49 Permits/Lic. B&C The City of Shakopee has an enforcement process in place and will enforce the conditions of the Conditional Use Permit in accordance with that process. If this Conditional Use Permit is not utilized within one year from this date, or if it is discontinued for a period of six months, it shall become void. Adopted by the Planning Commission of the City of Shakopee, Minnesota this 7th day of September, 1995. Chair of the Planning Commission ATTEST: Planning Director I 111 1 FISCHER Aggregates, Inc. 1 Conditional Use Permit Shakopee ' August 1995 I .!UL 2 5 1995 1 1 1 I I TEAMOF O PROFESSIONALS IFischer Aggregates, Inc. II The information in this report was compiled and prepared by the following individuals and firms: I Gerald S. Duffy, Attorney Siegel, Brill, Greupner & Duffy, P.A. Pony Gleekel, Attorney 100 Washington Square, Suite 1350 Minneapolis, MN 55401 I John S. Voss, Planning Consultant - lrban Planning & Design, Inc. 7300 W. 147th St., Suite 504 IApple Valley, MN 55124-7580 Kirsten P. Rojina, PE Sund Engineering, Inc. IGerald M. Sunde, PE 4200 W. Old Shakopc Road, Suite 230 Bloomington, MN 55437 IJames A. Benshoof, Traffic Benshoof & Associates 7301 Ohms Land, Suite 500 IEdina, MN 55439 I Experience: This team of professionals has considerable experience in preparing similar plans for sand rd gravel mining operations. The plan presented herein represents a current `str.te of the art' proposal. I 1 , I i I VIII. End Use Plan 40 A. Purpose 40 B. Comparison with 1985 Plan (Merlla Plan) 40 C. Description of End Use Plan 40 D. Thoroughfare Plan and Traffic 40 E. Compaction for Building 44 IX. Required Permits 47 I A. Annual Excavation Permit 47 B. Building Permits 4.7 C. Demolition Permit 47 D. MPCA Air Emission/Storm Water Permit 47 E. Sign(s) Permit 47 F. Special Permit (City) �7 G. Pipelines 4.7 H. Conditional Use Permit (CUP) 48 , I. MPCA Inspection 48 X. Additional Operational Controls 48 • A. Size of Phase 48 B. Blasting for Mining 48 C. Bituminous Operations and Ready-Mix 48 D. Conveyor Materials 48 E. Sand Salt 49 F. Maintenance 49 XI. Coordination with Adjacent Land Owners- 49 I XII. Permits and Licenses 49 APPENDICES 51 1 1 I I iii I EXHIBITS Exhibit Al - Location Map vi. Exhibit A2 - Aerial Photo 5 Exhibit A3 - Aerial Photo 6 Exhibit B - End Use Concept Plan - Grading 9 Exhibit C - Mining and Phasing Plan 13 Exhibit D - Operations Area 14 Exhibit E - Side Slopes 16 Exhibit F - Berm Screening 22 Exhibit G - Noise Control Plan 24 Exhibit H - Cross-Sections 25 Figure 1 - Forecast Trip Generation at CR 83 and Gravel Pit Driveway 34 Figure 2 - 1995 Forecast PM Peak Hour Volumes 35 Figure 3 - Gravel Pit Daily Trip Generation 36 Figure 4 - Proposed Driveway Geometries 37 Exhibit I - Proposed Pipeline Relocation 38 Exhibit J - End Use Street Plan 41 Figure 5 - Suggested Street Connections 42 Figure 6 - Trip Distribution Percentages 45 Figure 7 - AM and PM Peak Hour and Daily Development Traffic Projection 46 I I I r I Iiv I DEFINITIONS For theP Pur oses of this submittal, certain terms or words used herein shall be interpreted as follows: 1. City shall mean the City of Shakopee. 2. Operations shall mean that area as illustrated on Exhibit D and as located on Exhibit C, as the "Central Processing area. 3. Convevor shall mean an electrical powered belt conveyor which shall be used to conveyor sand and gravel material from the mining area to the central processing area. 4. CUP shall mean the conditional use permit which was issued by the Shakopee City 1 Council and is being amended herein. 5. E.A.W. shall mean an `Environmental Assessment Worksheet.' I 6. Fischer shall mean Fischer Aggregates and its successors or assigns. - ' 7. Haul Road shall mean the access road leading from County Road No. 83 to the central processing area as illustrated on Exhibit C. 1 8. Operator shall mean Fischer Aggregates and its successors or assigns. .9. Owner shall mean Fischer Enterprises, Inc. 10. Phase shall mean a mining area which shall be planned and mined as an individual area, not to exceed 25 acres in size and which shall be restored as a new phase is opened. The maximum 25 acre phase area is exclusive of the operations area and stockpiles. I 11. Pit Face shall mean the exposed aggregate slope toward which mining is to occur. 1 I I 1 v • 1 - I LOCATION MAP ( EXCERPT FROM CITY OF SHAKOPEE MAP ) I II \ • i _ ./ / � -!`�! -�� te .--Y- •••-- t.,7... _.7-..---...\ x +v..•n,v��lC `�. .�-'..!_ _-----_.I--�,�_l,� `•� -^ - - ' _ f , "--- ,,,.::----- ---::--.. % \ i 1 1 ,11 1 1 j.\...._ /'rt..,...-------2-------___----:--•-.. . . •41Y In � I 110 -. . V lir-C9, •.- ._ Y� �~I l� Icy ! �, rr r�,^'r-, i s i p .-,", . . ........L ,. H vi I I, • 2 1 ;:tt-tI2)1 \ se''./('>,-,-..,-. 1 ... i- '�r •--— -' - 1 r` '—J 1 � ` 111 • II-_ v .. ._.__ 4 ..--,:,..;-...,-,..;:-.:..,::•-:,-;::. r 1 ... j~w�� �I .,i —.c.:-.i �- r r _ 1 --SITE I 1-- _ Ir .� I ;fir_. I I EX � IEIT A-1 I ___ _f FISCHER AGGREGATE S I SHAKOPEE MINNESOTA _1 ,,Suzxc;( xi."Xx °+an�erix-x?, X C. I r 1 I P( l F.Uino...ingloo Ficc—.'y Inv.') O1oo• x,(•� ^ c inn.M`,,. .n,a 554:0 012)381.)344 I Fischer Aggregates Conditional Use Permit August 1995 Introduction, Background and Environmental Assessment A. Site Location I The Fischer Aggregates property is located in Land Sections 16 and 17 (T-11S, R- 22W, Scott County, MN). The property is located along Scott County Road No. 83 within the corporate boundary of the City of Shakopee. Exhibits Al, A2 and A3 (aerial) illustrate the location of the subject property. B. Size The Fischer site encompasses approximately 136 acres. This includes the Rutt Farmstead, which is 5 acres, and is being acquired by the owners. C. Property Owners ' The Fischer site will be operated under the name "Fischer Aggregates." Property is owned by Fischer Enterprises, Inc. D. Zoning I The Fischer site is zoned "Agricultural" with a "Mining Overlay Zone" as shown on the City of Shakopee Zoning Map. , E. Conditional Use Permit Amendment The Fischer site is being mined under a conditional use permit for "mining and exaction" issued by the City of Shakopee on April 5, 1988 under Resolution No. 376 (see Appendix). I This report has been prepared as a supplement to an application submitted by Fischer to the City in February 1995 to amend the above referenced Conditional Use Permit. , A copy of the application is in the Appendix section of this report. An adjacent owner (Rutt Farmstead) has submitted a letter to the City requesting to be included in the application. I F. Merila and Associates, Inc. Report A report by Merila & Associates, Inc. was prepared in April 1985 as a part of the original application for "a conditional use permit for a gravel mine" on the subject Fischer site. The report was for a 130.73 acre area. The only change in the total area 111 1 I 1 I is the proposed addition of the approximate 5 acre Rutt farmstead. This amendment now includes 136 acres. I General comparisons between the Merila (N.B.Z.) conditional use in 1985 and the Fischer site proposal in 1995 are: IN.B.Z. 1985 Fischer 1995 Total Area 130.73 Acres 136 Acres IAccess Road To: Co. Rd. No. 83 Same Location Pipeline To Remain To Be Relocated 1 Rutt Mined Around Site Included in Mining Area 1 IBerms 8 ft High YPerimeter Bermsm Same Processing Area To Move with Mini Face Central Processing Area I Identified Equipment Crusher, Screen & Wash . Same Plant Final Development Grades , From Elevation 800-810 From Elevation 774-814 Phases 3 Phases - 17 years 5 Phases - 20 Years Cubic Yards of Material* 1,640,000 Gravel 3,750,000 GravelII I * Estimate of net gravel to be removed from site. Environmental Assessment Worksheet (E.A.W.) 1G. An E.A.W. wasreared for p the subject property and recorded on April 12, 1985. This E.A.W. was updated in 1994 as a part of this Conditional Use Permit IAmendment process. I An Environmental Assessment Worksheet (E.A.W.) was prepared by Orr, Schelen, Mayeron & Associates, Inc. and is dated October 1994. The E.A.W. was prepared to address proposed changes to the existing mining operation includi -g mining limits, mining depths, phasing and pipeline relocation. Findings from the E.A.W. conclude I that there do not seem to be any significant environmental effects that will result from this project with appropriate mitigation measures implemented. The City of Shakopee I made a negative declaration on the need for an Environmental Impact S atement during their January 3, 1995 meeting. I During the 30 day comment period, comments were received from three agencies, the Minnesota Department of Natural Resources (DNR), the Minnesota Pollution I 1 Control Agency (`MCA) and the Metropolitan Council. The following information addresses comments made by these agencies. The DNR requested information regarding the proposed change in depth of mining. The proposed change is requested in order to fully utilize the existing natural aggregate resource without restricting final development options for the site. This is important because the rate of extraction is expected to increase with increased growth I in the surrounding area. Additionally, past mining at the site has indicated that the aggregate at lower depths is more suited to ready-mix production. The lowered mining depth still will result in a minimum twenty foot separation between the base of the mine and the ground water table. The resulting landform will be consistent with surrounding topography. The U.S.G.S. Quadrangle map shows naturally occurring changes in elevation of forty feet or more within the immediate vicinity. For example, within 1/4 to 1/2 mile to the north the land drops over 40 feet in elevation with a slope of about 30% (equal to a 1:3.3 - vertical to horizontal slope). Approximately one mile south of the site, the elevation of the land changes over 100 feet with a slope ranging from 38% to 20% (equal to about 1:2.6 - 1:5 slope). The DNR commented on the Water Appropriations permit for the facility issued by the DNR. Fischer Enterprises currently has an appropriations permit from the DNR to conduct washing. Ground water use in this entire region is being examined carefully to evaluate any potential impacts withdrawals may have on the Savage Fen Wetland Complex. Future appropriations may be affected by the results of this analysis. Even if the Appropriation is decreased, it will have minimum impact on the proposed operation because the washing process utilizes recycled wash water. Actual ground water withdrawal rates are far below current appropriation limits. The DNR requested additional information regarding a potential change in drainage area to Dean's Lake. The majority of stormwater generated on the site under current conditions evaporates or infiltrates into the underlying soils. A portion of the northeast corner of the site initially drained toward ditches that ultimately lead to Dean's Lake. This is an area of the site where mining has previously occurred. Proposed changes in the mining operation will, therefore, not further affect changes in drainage patterns. Dean's Lake is a shallow lake with a water level which directly reflects the elevation of a local water table which receives recharge from the upper terrace where the mining operation is located. The lake level fluctuates significantly over time and is very dependent upon climatic conditions (Beissel and Ford, 1981). Overall there should be no significant difference in the amount of water reaching Dean's Lake with or without the mining operation. Storm water run off which used to run by overland flow through the ditch system to Dean's Lake instead infiltrates I into the soil and percolates to the ground water table acting to recharge ground water levels and thus, lake levels. 111 3 i The DNR also requested that the National Wetland Inventory maps be examined to verify that wetlands did not exist at the site. The maps were examined and it was verified that no wetlands exist on the site. The Metropolitan Council submitted comments an existing well regarding located on the Rutt property. This well will need to be properly abandoned in accordance with the Minnesota Department of Health Well Code. Records of the well abandonment will be filed with the State. The Metropolitan Council also requested that all temporary and permanent basins which will release water from the basin be designed according to National Urban Runoff Program (NURP) standards. They commented that any water flowing to ' Dean's Lake should be presettled prior to being discharged into the lake. The temporary sedimentation basin used for wash water recycle will not release water from the basin other than for washing purposes. All permanent ponding areas will be . esigned in accordance with NURP standards, being designed at the time of final site development. Stormwater ultimately discharged from the site is to be directed to the Dean's Lake watershed according to the City's overall stormwater management plan. As discussed above, the proposed mining operation does not alter drainage patterns from the existing condition. Direct discharge of stormwater from the site to Dean's 1 Lake will not occur. The Metropolitan Council suggested that a contingency plan be available in the event of an accidental release of fuel or oil from the site. The operator stores and handles all fuels in accordance with the MPCA. Tanks in excess of 110 gallons must be registered with the MPCA. Secondary containment is required for tanks in excess of 1,100 gallons. Mobile equipment and vehicles will be fueled over an impermeable concrete pad located in the operations area to minimize any chance of a release. Spills will be reported to the MCA as required by State law. The mining and ' processing activities do not involve the introduction of toxic or hazardous materials into the product. ' The Minnesota Pollution Control Agency, in General, commented on the need to consider ground weer protection during the final development of the site. There will be a minimum twenty foot separation between the ground water and the final ' elevation of the site. Ultimate use of the property will be determined at the time the site is ready for development. Several factors, including the protection of ground water will be considered when determining final use for the site. References: Beissel, Dennis and Ford, David, 19S1. 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Reasons for Mining The reasons set forth in 1985 to support the mining of sand and gravel deposits on the subject site still are valid today: A. The site is well within commuter range of the metropolitan area's main source of jobs and services. , B. The site is in an area rapidly being converted from agricultural to urban land use. This implies a demand for aggregate and aggregate products, a demand for land for 111 a variety of urban uses and a responsibility for mining operations to respect approaching urban development. C. The sand and gravel deposits within the site are some of the best to be found in the I area. They contain a mix of sand and gravel, are readily accessible and are not encumbered by utilities or fixed grade paved roads. I D. The major corridors of growth in the southwestern meopolitan area include the site and surrounding areas. This location makes a variety of reuse options possible. , Excellent highway access makes it possible to transport the aggregate to existing and future market areas without driving on neighborhood streets. E. Scott County and Shakopee - the twoP olitical bodies with immediate concerns related to the site have comprehensive plans. In addition, Shakopee has developed a mining overlay district mining ordinance. These plans and the City ordinance will define the parameters for operations, reclamation and ultimate reuse. III. - Reasons for Amendment/Update This Update is necessary for several reasons which become evident in reviewing this report. Some of the more prominent reasons are: A. Mining has progressed at a much slower rate than projected in the 1985 Environ- mental Assessment Worksheet and Merila Report. Phase I is still being mined and only about 400,000 cu. yds. of material has been removed from the site. The new owner will mine at a rate more consistent with the original projections. B. The natural gas pipeline needs to be relocated (See Exhibit I). Grades proposed in the Merila report along the pipeline would not be conducive to good end use development. The pipeline elevation also limits the extent of mining. C. The Rutt Farmstead is being acquired and will be mined. This also will improve the end use grades and improve the end use development of the site. 1 1 I IDA central processing area needs to be identified. This is now proposed in the . northeast corner of the site. It is also proposed that material will be conveyed to this location for processing as it is mined. This will reduce both dust and noise. IE. The central processing area will be at a substantially lower elevation under the proposed amendment. The floor of the processing area will be 46 feet below the top ' of the adjacent berm. This will provide a very good screen so that operations will not be viewed from the perimeter. It also will improve noise and dust control over the previous plan. IF. The economics of the site are substantially improved by increasing the quantity of material to be mined. Also the finer sands used for concrete as an example are I Iocated approximately 35 feet below the surface elevation. G. Some of the information in the 1985 E.A.W. and Merila report is out of date. The I amendment provides current and relevant information with an updated E.A.W. in 1994. I H. The amendment expands details related to dust control, traffic, operations, storm water management, erosion controls, method of responding to complaints, screening, moving the pipeline, and similar detail. III I 1 I I I I I I8 • 2 cl• ^ , Z z.- ¢g3 N n IS < 2` u S • ,j'..! J ' :: .d: _—vim i t ; Fq S — ,f'/ �.�\ 1 ti �fr% L � ',�a ' �i 1 = I I III./ d „----_,10-5-%----7-7 .(----...,,-__----,•:._---,—.. �- i ' `--�j\:7 i;,. ' 'I�;� i� ---,.\..;',. `, ,/ \i...' �1�� --,'----,s.— i I I I I I l I l-` , 1 4 �� `I ' fix, EXHIBIT B U ;d 111 Av � i;:; t] -i l \ 'PI ill I.... \ t �q� :i y Ci � •� f ( if d �Jf I I dlj II I d I I '/ \ 1 4 r :III 14 II I I : ; f .1-_, -! � !', � =,�'°�_ II I f� "` d ,.►, (iIK\U I I I"I � --,--'------------1--- ,----,- .yv ,i, fi1, •i! rr�y �, v Id d �r wlI I Iii I�, ✓ \ i 11ti".1 1 t X 1 �. III 1 �• I �tti v\E� 1 €+� I II �I n ".1 1) i iia ' b+l �\ ti " \,,14.2.V;',�`� I j 1 d %j�� �. 1 �I ) I i/ ° ! `��_ �����a, .� d I,� /1 a�; I I'll i 1(�, , ;A' ,,,....,t,,,/ , ....--- 1 .0/7. / , 1 ii ,,, l I ISA IAI� 7^- ��! -` �;�� s\kn �1• Y I \� y /ji I i ii�'� r �s�'1 —\v — r�,�'a hJ1 � � _- --- �' �(1� 1� +\.��1 1 i�{IIS IIs! � )N ;=.� />> v• � - r� 1 " ��I� I,>� .M �s d�1 II3 �•, , „-------„,„___-_,,,,,,t-,--1 , „ _�\ r I �'r'. (i//'�( „ I I I 111 c 1\ �ra�_.r��. //"�j:,_>>>'. , _ \,x�J�• f'' d f 11�- 1 I ` ' i,..;,,,,`..`/ / I• , d (i�! , H �� �� � 5 i iI � I I { 1 ---....-,'— .A\,{ ��- =moi � w-� �j % ,l,� f` ,- �� i.. 1ri'� "` I — fid' \,�r�yj/ C`gin L �- ------------.:,:n J� t� . - ����� oII �.� ; ,, i � , , 1 j` �>; i \ j - - -1 1 IV. Quantity of Sand & Gravel Deposits It is estimated that there are a total of 5,000,000 cy of material which can be mined from the subject 136 acre site. This includes topsoil, overburden and spoil encountered throughout the excavation process. It is estimated that at least 25%, or 1,250,000 cy of this material will not be suitable for sale or pnduct and will remain on the site. These excess soils will be used ' to backfill side slopes, create the embankments for the future access points for the site and to reshape the site for final development. Excavation below the grades shown on the Final Use Concept Plan may occur in areas where good veins of material are encountered. This additional excavation will not reach more than ten feet below final grade. This excavation will only occur in selected areas where the nature ' of the deposit warrants deeper excavation and backfilling. Final development grades will vary from about elevation 7.74 to 814. The two large ponding areas will be created in the lowest ' elevations of the sites to a lower elevation of 764. The grade will rise in a step like fashion from the ponding areas. The terracing will continue to the outer perimeter of the site where it will meet existing grades. ' V. Description of Operations - ' A. Operations 1. Overall Description: ' Exhibit C illustrates the overall operations wherein sand and gravel deposits would be mined and crushed in the Phases and conveyored to a central ' processing area for further processing. Mining would proceed from phase to phase opening a maximum area of twenty-five (25) acres at any time. Each phase would be restored as mining proceeds to a new phase. The grades illustrated on this plan show the mining grades consistent with the end use concept plan in ten foot contour intervals. The perimeter berming along the setback areas is indicated on this plan. The mining operation will mine the ' material to these grades. Upon final development of the site, the berms will be removed, the sideslopes backfilled, the ponds will be dug out and lined and the site will be reshaped for final development. 2. Central Operations/Processing Area: ' The Central Operations area will be an approximate six (6) acre area, excluding stockpiles, located near the northeast corner of the mining area as illustrated on Exhibits C & D. The central operations area will include a crusher, screening and wash plant, sedimentation pond, conveyors, scale house, truck parking/maintenance, stock piles, pulverizing of black dirt, storage of allied equipment, satellite toilets, water well and internal road network necessary for operations. This area is illustrated on Exhibit D and there is a more detailed list of equipment in the Appendix of this report. In 10 1 1 the future, this area may include a concrete ready-mix operation if approved by the City. The maximum stockpile height shall not exceed an elevation height of 810 feet. This will provide a complete screen from County Road No. 83. 3. Conveyor: , The conveyor will be located between the pit face and the central operations area. This will be used to convey mined material, reducing the need for trucks. 4. Access Road (Haul Road): ' The access road will be located as illustrated on Exhibit C. The access road will be a minimum of 30 feet wide and will rise from the operations area elevation of 774 feet to County Road No. 83 at a slope not exceeding seven (7%) percent grade as illustrated on Exhibit C. This is the same general location as currently exists. The access road will be paved fora minimum of 200 feet from County Road No. 83 in order to control dust. 5. Phase I mining: ' Phase I is illustrated on Exhibit C. Phase I mining exists as an approximate 25 acre area. Approximately 400,000 cu. yds. of material has been removed and an additional 930,000 cu. yds. will be mined over the next 3 years. This will include establishing the Central Processing Area as described below. B. Phasing 1. Central Processing/Operations Area - Year 1995-96: The first area to be established will be the Central Operations area. This area will be excavated upon issuance of an amended CUP by the City. The area will be excavated to a 774 ft elevation as the floor elevation of the central operations area. Elevations will be as illustrated on Exhibit C. 2. Phase I: Other Phase I activities will include establishing the entrance/haul road as illustrated on Exhibit C, completion of mining to the Phase i elevations as illustrated on Exhibit C and relocating the natural gas pipeline ' to the perimeter of the property as illustrated on Exhibit C. Some additional Phase I mining may be included in Phase II, at the west end, due to the shape created by the pipeline. ' I I1 1 • I I I 3. Phase Quantities and Schedule: The projected quantity of material to be mined and years for each phase is as illustrated below: I Phase Quantity (cu. yds.) Years to Mine Ia Phase I 1,330,000 2 to 3 years Phase II 920,000 4 years 1 Phase III 1,000,000 4 years I Phase IV 900,000 5 years Phase V 850,000 4 years ITOTAL 5,000,000" 19 to 20 years Includes overburden and topsoil. 1 4. Progression of Phases: Mining will progress from Phase Ito completion with the mining of Phase V over a projected period to 20 years. The pit face will I move, progressively, in a southwestern direction. Material will be conveyed to the "central processing area." Each completed Phase will be restored as described in this report. I5. Demolition of Rutt Faun: The Rutt Farmstead, which occupies approxi- mately 5 acres, will be demolished and mined as a part of Phase 3 as I illustrated on Exhibit C. At that time, the existing Rutt driveway to County Road No. 83 will be removed/closed. I 6. Filing_with Scott County: The volume/quantity of material removed from the site is reported to Scott County on a quarterly basis. I7. Road Salt: Road salt will not be mixed, stored or sold from the site. I I I I 1 12 I 1 ---c'.--1--9,1-- - .'?. ' _ ..\\ •-7-- -:;„._____ • ,-/ ,- • 1 '- I I , 1 ..) •i•--E. - 't "2 : r ,• ____• -. I----- i' I 'i .' ,;'• .! il e . • rq, 1 ,..,._ft _ _t.I._-_.___.,_ --,--:1_ • - t ; , I--1, '.z - .1-, z .1- '• 11!: n.-----/,, • „, .•• : I,-4•._.1-il-'''-,i L • ,., , .., FT a.I '4; --. ; ,., t " , , .. , , t / :-- i : i .. a 1;1 t 'i.:. 1,/..V ---1 .L.1....:1--;-it 1 /'' ;---1-, ,.::' 1 i ,.., z C /' I I •it. 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I /---. \,..___,- ,-- ,„.• , / 7 1 ‘\ 1.. : :,1 ,._:___ -_-:.:------i!--`--------_-____--171 --- --:`--4Th _,-_-_••• _-..._,--_-----L-7.---------71: 1 ( --.._---------__. ----. ,// • ,i . ___ . ------‘, ,,., 7:7/. ,.,-...i.----,-;,\ \ T,---77----=-::---±J- --- .---I j I _.-__ •/ •, ' 1 N.,„ e—'• -.-.-- \1 \ 11 f 1 \ ‘,.,- -i /---- '1 1 1 / • %\ \ ; i I 1 \ \ •,,•1 ! ...-- / // ,---- ,...,,,, ,.".:4,-,c. i I • .../ ';';'.7'. ./"..•?. ' 1: I 111, --- : .1`"„cf .,,,X,,--- < • !II: ' , • , ,,,,,,;/" ,----- •I : ih i EXHI3IT C ./jj> V MINING & PHASING PLAN _ ________ -- - I _ ./ �_ I 1 V-- _ �► _--- /' . ______------____ _-------___„' ---\\,_ -----. G-7- ------C t .,/ / 0Z8 0l8 / 008 `, / Il , , 0. mil ofillxvii-4g2. \o\6 2_ sitTaralw .. .•1 .. I \4;_p.j ' " 7' W / ) z \ . CI < . IIII !1/ • : ,Lli ....„7/ 5 Z — I w y CIa OZ ' bi) a" ( . 1 o o a �ti if u� , I \ .\ • * X .r:-.r: pg 0 /•:;.,,, ,-,...-5?..i1;%2',.,.!,iii • ti7: : I \ Ift / I 1 /. U _ w !' it z 1— --> > w li- Q 0 I-- Q w Y \ -oz4 Ii 1 i ; 0 QW 0 o- . 1- CD 0 CC F- 0 I. ,. a_ Q° wa_. . NI \ 0 two xl ,, I+, 1 VI. Land Rehabilitation A. The objective, herein, is to establish an organized approach to the restoration of the site leading to the ultimate development of the property after the year 2010. It is expected that the below described program will serve several purposes. First, it will stabilize the mined areas of the site so that they will not be susceptible to wind and water erosion. Secondly, black dirt will be preserved so that it can be respread and used in the ultimate development of the property. Thirdly, vegetation will be started well in advance of the ultimate development of the property so that the trees and shrubs will have some maturity and be more useful for aesthetics and for purposes of creating wildlife habitat well in advance of the ultimate development. All topsoil will be stockpiled or in perimeter berms. None will be removed. All existing topsoil will be respread. Depth of existing topsoil over the 136 acre site has not been measured, but is estimated to be 8-12 inches. B. Steps in sequence shall include: 1 1. Grading and/or filling to the end use grades. This is illustrated on Exhibits BandC. ' 2. Respread top soil to a minimum depth of 6 inches where said top soil is available. ' 3. Seed and otherwise stabilize in accordance with the landscape plan contained in Section VII. C. of this report. 4. Maintain vegetation and re-seed where necessary. 5. Plant trees on slope as provided by landscaping plan to the City as each phase is restored. ' 6. Mining Phase shall be restored by stripping the top soil needed from the new phase and respreading over the phase being restored. Remaining top soil will be stripped and stockpiled as mining progress in each phase. 7. Mining Phase shall be restored as a new phase is mined. C. Final Slope Restoration: As a part of the final restoration of the Fischer site, the perimeter berms will be 1 graded into the internal side of the site. The berm material will be utilized in creating the finished 4:1 slope as shown on Exhibit B (End Use Grade). Topsoil from the berms will also be respread as topsoil over the 4:1 slope areas. The site at this point will be ready for redevelopment. 1 15 1 1 1 SIDE SLOPES . 1 f r, • i 1 � J 1 �� 1 • 1 • U< ; , 1 Interim slopes slope 1 to be seeded . 4 :1 ■ (max.) ■ Final slopes to be seeded 1 and planted with shrubs and small trees to stabilize the lope . 1 1 i EXHIBIT E 1 D. Compliance with City Ordinance: ' The process of land rehabilitation shall be consistent with provisions of the City Zoning Ordinance Section 11.52 Mining Overlay Zone and Section 11.88 Subdivision 2S. 1. All structures shall be removed within 3 months after termination of the mining operation unless a Conditional Use Permit is granted allowing structures to remain. 2. End Use Plan has 4:1 slopes where walkout lots are planned. 3. There shall be no excavations to a water producing depth. Finished elevations I will be a minimum of 20 feet above the ground water table (see Exhibit H). VII. Performance Standards & General Provisions ' A. Dust Control Plan 1. Overall Description: This plan addresses dust control measures which will be implemented at the proposed Fischer gravel mining operation in Shakopee. The dust control measures outlined in this plan will result in annual dust generation rates below rates associated with the current mining of the project area. The various dust control measures which will be undertaken by Fischer throughout the gravel mining operation are outlined in this dust control plan. , Potential sources of dust generation during the life of the gravel mining project are from wind erosion and production associated with the gravel mining operation itself. These sources and associated dust control measures to be followed by Fischer are discussed below as well as additional informa- tion regarding applicable Minnesota Pollution Control Agency dust control standards. 2. Wind Erosion: Current dust production at the site is related predominately with wind erosion of the topsoil, stockpiles, and mining activities. Due to the size particles in topsoil it is subject to three times greater erosional losses than the underlying sand and gavel deposits. Wind erosion, which creates dust, will be most prevalent during the initial stages of a phase of minim when the topsoil is being stripped from an area. Reduction of dust generation can be achieved by implementing the following operational procedures: 17 ' 1 ' a. Conduct stripping operations as quickly as practical. This includes removing all of the topsoil to expose the underlying sands and gravels with reduced dust production potential, and stockpiling and berming the topsoils as needed around the perimeter of the site for screening purposes. Partially stripped areas will not be left for more than twenty working days. b. Topsoil stockpiles and berms shall be stabilized to reduce erosion by constructing the topsoil stockpiles and berms at a maximum slope of 1 3:1. c. All topsoil berms and stockpiles will be stabilized as quickly as ' practical by applying seed and mulch and watering as needed to assure proper establishment of vegetation. Seeding and mulching will ' be performed within 15 days of completion of grading of a section of a berm. Berms and stockpiles will be inspected periodically and areas reseeded as needed. ' d. All efforts will be made to attempt to schedule stripping operations in areas adjacent to sensitive areas during cooler months or days when the windows of any nearby residents are more likely to be closed. e. The area to be stripped will be limited to the active phase of mining. ' Plans for each phase of mining will be submitted to the City subsequent to moving to a new phase, likely in conjunction with the annual permitting process. Topsoil stripped from a new phase will be placed over the phase where mining is just being completed in a lift at least six inches thick when available. Excess topsoils will be sold or stockpiled. Active mining in the new phase may begin as the ' topsoil is being placed over the completed phase and the area is being seeded. f. See also the Erosion Control Plan. All efforts to minimize erosion of topsoil will further reduce dust production at the site. 3. Agricultural Operations: Dust generation from agricultural process occurs during plowing and harvesting. As mining progresses and the land use of the project area is systematically altered from agricultural to mining to reclaimed area ready for final development, the dust generation associated with the current agricultural use will diminish. ' 18 1 4. Mining Operations: , Mining operations contribute to dust production in the extraction, processing and transportation of product. Mitigative measures which can successfully be applied to various aspects of the mining operation, and which will be followed by Fischer, are discussed below: a. Stockpiles: Stockpiles of product which are not vegetated and which extend in height beyond the adjacent screening berms will be watered weekly during the mining season. However, it is projected that no stockpiles will be above adjacent berms. If there is more than 0.02 inches of rain during the week preceding the scheduled watering, that particular watering may be omitted. b. Haul Roads: By far the largest potential for dust production is due to vehicular traffic (80-90%). Fortunately, this is the easiest source to control in a mining operation. The following measures will be taken to reduce dust generation due to vehicular movement: (1) The access road off County Road No. 83 to and from the main operations center will be paved for a minimum of 200 feet from County Road No. 83. (2) The gravel portion of the main haul road, secondary haul roads, and traveled portions of the operations area will be watered daily during the mining season unless it rains in excess of 0.02 inches in a given day. A water truck will be available on-site throughout the mining-season to insure the availability of sufficient watering of the haul roads. If there should be a particularly dry and windy day during the mining season during which the City of Shakopee (City) believes more frequent watering is necessary, the City may request Fischer to perform additional watering of the haul roads. Fischer will have sufficient personnel available to comply with an increased watering schedule as may be requested by the City. Fischer will comply with the requests of the City. (3) The general setting of operations will be recessed and perimeter berms will act to trap a portion of the dust generated within the site and prevent it from migrating beyond ' site boundaries. (4) Fischer will use a conveyor to transport mined sand and gravel material from the pit face to the central processing 19 I 1 area. This will reduce internal truck traffic and be a major factor in reducing dust emissions created by the mining operation. (5) Minnesota Pollution Control Agency Guidelines: The Minnesota Pollution Control Agency (MPCA) has not adopted any formal guidelines on the control of fugitive dust in gravel mining operations. Fugitive dust control is addressed by the MPCA as part of their Air Emission Permit which must be secured prior to the start of the operations. ' Conditions of the permit are written specific to individual mining sites. Conditions of the permit will address dust control measures such as watering of haul roads as discussed ' above. Fischer will comply with all conditions of the MPCA Air Emission Permit as issued. ' (6) Summary: Implementation of the above mitigative measures will reduce ' dust generation potential substantially below existing Ievels. During the peak of mining activity at the Fischer site, mitigative measures discussed above can reduce dust 1 generation by 85% or greater. B. Berms Berms shall be established and maintained as follows: Ii. A minimum 8 foot berm shall be established to provide a visual, noise and dust screen for Phase I mining and any subsequent mining as determined to be needed by the City, as potentially illustrated on Exhibit C and as required in City Code Section 11.88 subdivision 2S. 2. The berm shall be an earth berm. 3. The side slopes shall he 3:1 slopes (horizontal to vertical slope). The slopes shall be planted with crownvetch or other suitable vegetation to stabilize the 1 slopes. 4. The berms shall be maintained by the operator until the City grants ' permission to remove the berm. 5. The berm, as illustrated on Exhibit C, shall be established before the mining pit face is within 200 feet of the location of the berm or at such earlier time as the City may request. ' 20 6. Berm location shall be determined by the City for each Phase as approved by the City in granting annual excavation permits. 7. Berms shall meet the requirements of City Code Section 11.88 Subdivision 2S except that trees will not be planted on the berms since they will be graded (removed) to create an internal 4:1 slope after mining is completed. 8. The internal grade of the mining face may exceed the 3:1 slope of the berm provided the berm is not undercut or otherwise removed. C. Landscaping and Seeding 1. Consistent with the current CUP, "all areas will be fertilized and seeded to legumes and perennial grasses. The MN-DOT seed mixtures No. 2 and 13 will consist of rye for quick ground cover and perennial ryegrass, alfalfa and field bromegrass for permanent ground cover." (Source 1985 EAW) , 2. Upon replacement of the topsoil, legumes, grasses or other ground cover, similar to Minnesota Department of Transportation Mix No. 2 and 13 referred to above, will be planted upon such areas in order to avoid erosion. Berm, stockpiles, drainage channels, and setback areas will be seeded and/or planted within 15 days after completion of final grading. 3. The applicant will be responsible for final grading and reseeding of all reclaimed land. Seeding dates shall be between April 15th and September 15th. Additional seeding dates may be approved in the annual excavation -permit. On slopes greater than 6%, a disk anchored straw mulch may be used. Soil erosion fences, bales, dikes, or combinations thereof will be used at the base of slopes greater than 12% until they are established by vegetation such as crownvetch. 4. Trees and shrubs will be planted on the side slopes in final stages after the permanent side slopes are established. The size, species, location and quantities will be reviewed with the City as a part of review of final restora- tion as required in City Code Section 11.88 Subdivision 2S. i I 71 ( , 1 I . .= ,. Z lf I CD• 0 - Aj zH I Q z � ---- W I 0 I I I • I x I i CD -' • E z • � L z. o I 111 0 • 4J cu Q. N 17 Ili0 \ 0 - 0c .. 0E . Cl) ..0 D M ..O ' CO- (r) ' I CD . I 2 0 - - U) • 0 C I cam _. U . P 'v I -' Q m 3 0 - IF. I °- � ., ``.) EXHIBIT F I 1 D. Noise Levels 1. The maximum noise levels at the perimeter of the site shall be within the limits set by the Minnesota Pollution Control Agency and U.S. Environmental Protection Agency. Any documented violations reported to the operator will be corrected/mitigated by the operator within 15 days of written notice. Methods set forth in the EAW will be utilized in controlling noise in berms, distance, screening of operations and similar methods. These were followed in the preparation of the CUP. 2. The central processing plant will be separated from perimeter areas by natural topography and a man-made berm to provide shielding at least 46 feet in height above the base of the equipment area. A berm of at least 8 feet in height will be constructed along the perimeter of the mining operation. 3. The lowering of the central operations area from an 806 ft elevation to a 774 ft elevation (32 ft lower) will substantially screen and abate noise generated by operations. This will provide reduced noise levels along the outside perimeter of the Fischer mining area. 4. The use of a conveyor system to move material from the pit face to the Central Operations area will also substantially reduce noise that would otherwise be generated daily by trucks hauling material within the site. 5. The mining operation is a seasonal operation and no noise will be generated during winter months. 6. Truck traffic existing on the property will continue to be over 800 feet from the nearest residence which is located along Co. Rd. No. 83. The increased traffic along Co. Rd. No. 83 has created a higher noise level than is created by any traffic ingressing or egressing the Fischer site. 7. Based upon the U.S.G.S. Quadrangle map, there are 9 occupied structures 111 within 1,000 feet of the mining site. The location and elevation of the structures are shown on Exhibit G. Noise testing will be performed once the operations area has been established and the equipment set up. Noise testing will be performed at the locations shown on the exhibit to determine compliance with the State of Minnesota's noise standards. This information will be submitted to the City of Shakopee on or before July 31, 1996. , Past noise evaluations at sand and gravel operations indicate that noise standards are met when the operations area is recessed and berms are established around the perimeter of the site. These noise control measures will be implemented at this site. 1 '73 • 1 I I h I I \ DISE CONTROL LAN EXHIBIT G I I I I I 1 I. I 3 I 1.000. 2 1 I .T 4 d . .j.. PERIMETER • . •••• a °' BERM MIiNING 'AREA• : I a. 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Setbacks In compliance with City Ordinance Section 11.88 Subdivision 2S, Fischer will do the following: Processing of minerals shall not be conducted closer than 100 feet to the property line or closer than 500 feet to any existing residential or commercial structures without the written consent of all owners and residents of said structures. Mining operations shall not be conducted closer than 30 feet to the boundary of an adjoining property ' line, unless the written consent of the owner in fee of such adjoining property is first secured in writing. Mining operations shall not be conducted closer than 30 feet to the right-of-way line of any existing or platted street, road or highway, except that ' excavating may be conducted within such limits in order to reduce the elevation thereof in conformity to the existing or platted street, road or highway or to create a berm. ' F. Storm Water Management Plan ' This plan discusses storm water management techniques to be adopted by Fischer during the establishment of the central processing site and throughout the active mining life of the site. ' 1. Central Processing Area: The central processing area consists of approximately 6 acres, excluding stockpiles. This area will be used for the processing of extracted sand and gravel. The operations area will be excavated to grades shown on the central processing area plan (Exhibit C). Drainage within the central processing area will be towards the sedimentation pond. This pond will collect and store runoff generated within the central processing area during rainstorm events ' and accept the discharge from the wash plant which will operate in this area. 2. Maintenance of Sedimentation Pond: The sedimentation pond will be maintained by periodic dredging to remove ' the build-up of fine silty materials. The materials dredged from the pond will be used for on-site restoration. At least some thickness of silt on the bottom of the pond is desirable. The lining will act to inhibit the water which is ' discharged from the wash plant or captured during precipitation events from infiltrating into the ground. This will allow for more effective reuse and recycling of the water. 26 1 per year. Appropriations for wells in the area may be adjusted based on the results of this study. The ground water which is used for washing is discharged to a sedimentation pond to allow sedimentation of the washwater. The water is then reused in the washing process. Based on the pump currently installed in the well and a reuse rate of 50-65 percent, the estimated withdrawal rate is only about half of that allowed in the appropriations permit (see item 13 of the EAW). Recharge rates to the groundwater will not be affected significantly due to the mining operation. Because of the permeable nature of the soils in this area, most runoff infiltrates the soils and percolates rapidly to the ground water table. Surface water will percolate the sandy soils during and after the mining operation as well. Recharge rates may increase by a very small amount temporarily during active mining. This may occur when topsoil is stripped from an area. The topsoil will be replaced as mining and restoration progresses returning recharge rates to the premining condition. The elevation of Dean's Lake, a shallow lake with an average-depth of three feet, (DNR 1977) located about one mile to the east of the site, is a reflection of a local water table within terrace deposits. The elevation of this lake rises and falls in direct response to precipitation events. (Beissel et. al. 1981) Because the mining operation will not impact recharge rates to the terrace sands aquifer system, the mining operation will not impact the elevation of Dean's Lake. The potential for ground water contamination is addressed in Section 20 of the EAW. The potential for ground water contamination is increased in areas which have highly permeable soils and bedrock. As is the case with all sand and gravel mining operations, the Fischer site is located in an area of highly permeable soils. Decreasing the thickness of the soil layer overlying the ground water decreases the time it will take for a contaminant to reach the ground water. However, permeable sand and gravel provides little to no treatment of dissolved contaminants and therefore the decreased thickness will not affect the magnitude of potential contamination. Potential contaminants include runoff from surrounding agricultural land which may contain fertilizers and/or pesticides. Perimeter berms will direct runoff around the perimeter of the pit and prevent it from entering the pit. This measure will also be necessary to control erosion of reclaimed sideslopes. The on-site well has been properly installed and sealed with grout to minimize the chance of providing a conduit between the ground surface and underlying ground water. ' ?8 I i ' Fuel stored on site is stored in accordance with MPCA rules. The fuel tank will be located on a concrete pad. Vehicle refueling will take place on a concrete pad. ' There are no chemicals or additives associated with the washing operation. ' The Department of Natural Resources reviewed this site during the public comment period associated with the EAW. The area hydrologist also reviewed this site in conjunction with the issuance of the water appropriations permit. The hydrology of this area has been extensively studied in conjunction with dewatering activities associated with the Shiely quarry located about one mile to the northeast. As a result of these past studies, the ' DNR is very familiar with the hydrology of this area. ' As part of the normal process of preparing engineering plans for the mining operation, Sunde Engineering, Inc. has reviewed the Shiely reports and information contacted the Department of Natural Resourcesofthe regardingareawas existingobtained information ' and current activities related to ground water issues in this area. Additional on the ground water hydrology Minnesota Geological Survey. This information included a review of the ' geologic atlas for Scott County as well as an examination of well records for the site and surrounding area. ' 2. Surface Water: The end use development plan has been refined to illustrate that the City of Shakopee's storm water management requirements can be met or exceeded if mining to the proposed elevations occurs. Two ponding areas have been designed. Hydrologic computations involving the sizing of storm water ponds ' for both water quality and water quantity have been developed. Increasing the depth of mining will not alter the drainage patterns for storm water runoff which will result from the currently approved plans. The soils in the area are highly permeable, therefore most precipitation infiltrates into the soils as opposed to becoming runoff routed through established ' drainageways. The quantity of runoff will also not be altered as a result of the proposed mining operation. The EAW discusses surface water runoff in item 18. ' 29 3. References: DNR for these comments on surface and ground water include: DNR 1977: Letter From Gerald D. Seinwill, Director of the MN DNR to Senator Robert Schmitz dated August 1, 1977. Beissel, Dennis R. and Ford, David R., 1981. Hydrologic Effects of Quarry Dewatering on Dean's Lake, Scott County, MN - A case study. From 1981 International Symposium of Urban Hydrology, Hydraulics, and Sediment Control, University of Kentucky, Lexington July 27-30, 1981 p. 425-429. H. Erosion Control & Slope Stabilization Methods employed in the Fischer mining site related to erosion control and slope stabilization are and shall be: 1. Central Processing Area: The slopes and stockpiles around the central processing area may vary from approximately 2:1 to 3:1. The base of the central processing area and most of side slopes will not be vegetated and the runoff can be expected to carry sediment load. The particulate associated with storm water runoff will have the opportunity to settle out in the sedimentation pond. The sedimentation pond will be maintained by periodic dredging to remove ' the build-up of fine silty materials as previously described. 2. Screening Berms: ' The screening berms will be developed as illustrated on Exhibit C of this report. The side slopes will be seeded with a MNDOT seed mix as described ' herein. 3. Side Slope: , The steep side slopes (greater than 3 to 1) which are created along the perimeter of a completed mining area will be stabilized and seeded. Other side slopes will also be stabilized and seeded. Final side slope (4:1) as illustrated on Exhibit B will be established when mining is completed and the perimeter berms are removed. At that time final vegetative planting will be established as previously described. 4. Restoration Seeding: , Graded or mined areas will be restored as described in the Land Rehabilita- tion section of this report. 30 ' i ' 5. Maintenance of Vegetation: Areas which are vegetated will be maintained by weed control, periodic ' mowing when vegetation height exceeds twelve (12") inch growth and reseeding where growth did not occur. 6. Summary: All exposed areas will be stabilized in order to control erosion. Side-slopes ' in the central processing area will not be seeded unless there is no other means to maintain these slopes. ' Other areas will be seeded in order to control erosion as described, i.e. berms, restoration areas, permanent berm and restored side slopes. In this manner reasonable erosion control can be attained. Water Pollution The operation will comply with all applicable Minnesota DNR and Pollution Control Agency regulations and U.S. Army Corps of Engineers and Environmental Protection ' Agency regulations for the protection of water quality. No waste product or process residue, including untreated waste wash water, will be deposited in any lake, stream or natural drainage system except ponds wholly contained within the excavation site. All human waste materials shall utilize a satellite toilet facility which shall periodically be pumped. ' J. Hours of Operation The "hours of operation" shall meet the provisions of City Ordinance Section 11.88 ' Subdivision 2S except that the operator may request a "special permit" by the City Council for additional hours for a specified time when warranted for a specific project. The hours of operation shall be approved by the City in approving the ' revised Conditional Use Permit (CUP) if different than Section 11.88 (see above). K. Traffic Management ' 1. Dispatch System: It is estimated that approximately 80% of all the trip ends generated by the Fischer Aggregates facility are in vehicles owned and/or operated by a Fischer related entity. All of those vehicles are dispatched from a central ' dispatch office located in Fischer's office building at 6801 West 150th Street in Apple Valley. The central dispatch uses a computer based system to keep in constant contact with every vehicle. Every vehicle has both an onboard ' radio communication device and a device that constantly reports the location ' 31 1 1 of the vehicle to central dispatch. Central dispatch chooses the route each vehicle must take when that vehicle is dispatched. Truck traffic will only ingress and egress the Fischer site from the current driveway access to County Road No. 83. 2. Traffic Engineer Summary: ' In February 1995, Benshoof& Associates, Inc., under the direction of James A. Benshoof, conducted a traffic study and prepared a report related to the Fischer Aggregates, Inc. gravel mining operation. Conclusions regarding traffic review of the Conditional Use Permit Application are summarized below: ' a. Under gravel operation only, the gravel pit will generate a maximum of 245 trips per day. b. Under gravel and ready-mix operations the gravel pit will generate a maximum of 305 trips per day. c. Heaviest traffic generation days will occur during the height of the construction season (late spring through early autumn). The facility will be closed December through March. d. Peak hours of generation will occur during weekdays from 8:00 to , 9:00 AM and from 12:00 to 2:00 PM. Generally, trip generation is low during the PM peak hour. , e. Traffic generated by the gravel pit and ready-mix operations is only about fifteen (15%) percent of the traffic volume expected to be generated by the end use residential development. f. The intersection of County Road No. 83 and the gravel pit driveway will operate at a level of service B during the PM peak hour (worst case scenario). g. Traffic volume generated by the gravel pit operation will range from , only 1.2% to 1.7% of the total traffic volume currently using County Road No. 83. ' h. The recommended site driveway is 30 feet wide with approximate turning radii, paved with bituminous concrete for a distance of 200 feet from County Road No. 83. A 150 foot long landing area at approximately a 1.0% grade is recommended on the approach to County Road No. 83. , 32 , 1 i ' Additional detail is provided in Figures 1, 2, 3 and 4 taken from the above referenced February 1995 Traffic Report. L. Fencing A minimum four (4) foot high fence will be constructed at the top of berms in the ' area of mining. In addition, fencing will be installed as required by City Code Section 11.88 Subdivision 2S. ' M. Environmental Impacts Environmental impacts are addressed in the Update Environmental Assessment ' Worksheet (EAW) prepared in 1994 for the subject site updating the 1985 EAW. The City made a negative declaration of the Fischer Aggregates E.A.W. on January 3, 1995 (resolution 4152). N. Natural Gas Pipeline 1. Relocation: ' An 8 inch high pressure (600 psi) natural gas line exists between phases 1 and 2 (see Exhibit C). This pipeline will be relocated along the perimeter of the property as illustrated on Exhibit C prior to the mining of Phase 2 (within 3 years). The operator has been in contact with representatives of Minnegasco Company related to this matter. The relocation is also illustrated on Exhibit I. 2. Excavation Setbacks: Setbacks to be maintained from the pipeline will be at the distances required by Minnegasco to ensure that the pipe and bedding are not disturbed. Excavation activities may be performed beyond the required setback with the side slopes away from the setback no greater than the natural angle of repose ' for the material being removed. The natural angle of repose for the sands and gravels occurring throughout the project area, ranges from 32 to 36 degrees. This is equivalent to a 1:1.6 to a 1:1.4 slope (vertical to horizontal). All ' excavation activities adjacent to the pipeline will be subject to review and approval by Minnegasco prior to active mining adjacent to the pipeline. 1 ' 33 I A. Gravel Operation Only Daily Trip Ends at I Peak Time During Generator Construction Season Gravel Trucks a) b) 200 I ilb .. Employees/Visitors 45 Total 245 • I B. Gravel and Ready Mix Operations Daily Trip Ends at Peak Time During Generator Construction Season I • Gravel Trucks a) 200 Ready Mix Trucks c) 60 Employees/Visitors b) 45 I t Total 305 It a) Assumes 100 daily truck loads. b) Assumes 15 employees on site and 3.0 vehicular trip I ends per employee. c) Assumes 30 daily truck loads. I Notes: 1 ) Peak generation occurs during the height of the construction season (late spring, summer, and early autumn). Facility II: probably will be closed from December through March. 2) Peak periods of operation during the day occur from 7:00 to 9:00 AM and from 12:00 to 2:00 PM. Occasionally a peak period will occur in late afternoon. 3) Projected peak daily trip generation of 245 to 305 trip ends is about 10 percent of the volume of traffic that would be expected to be generated by the end use residential. development (about 270 single family homes). i Nes . .,... I FIGURE 1 FISCHER AGGREGATES, INC. SHAKOPEE .. I GRAVEL PIT FORECAST TRIP GENERATION 9540 BENSHOOF&ASSOCIATES,INC. . II • e TRANSP01:MI10NENGINEERS ANO PLANNERS ' r ' 1 , • , N I1 r v t . co NOT TO SCALE • I 1 , j i 'J 4 18 T CO CE 16 i' U a 28 12 :I i'..-1.)''l - • GRAVEL PIT DRIVEWAY 1SOURCE OF VOLUMES ON CSAH 83: f c," • SIGNAL JUSTIFICATION REPORT FOR I '1 col CSAH 16 AND CR 83, SCOTT COUNTY, STUDY NO. 37, SEPTEMBER 1992. i • 4 1 y NOTES: 1) VOLUMES SHOWN ARE FOR A PM PEAK HOUR CONDITION (4:15 TO 5:15 PM) - BUSIEST HOUR OF THE DAY FOR TRAFFIC ON CR 83. Ij 2) VOLUMES ON CR 83 REPRESENT 1992 VOLUMES INCREASED BY 5% PER YEAR TO ARRIVE AT 1995 VOLUMES. I 3) DRIVEWAY VOLUMES ARE ASSUMED TO BE 12% OF DAILY TRUCK GENERATION FOR THE GRAVEL AND READY MIX OPERATION, AND 33% OF THE EMPLOYEENISITOR DAILY VOLUME (ALL EMPLOYEENISITOR TRAFFIC IS ASSUMED TO BE EXITING THE SITE). 4) DIRECTIONAL DISTRIBUTION ON CR 83 IS ASSUMED TO EE 50% NORTH AND 50% SOUTH 1 FOR GRAVEL TRUCKS, AND 70% NORTH AND 30% SOUTH FOR EMPLOYEENISITOR VEHICLES. 5) UNDER THESE VOLUMES THE INTERSECTION WILL OPERATE AT A LEVEL OF SERVICE B - A HIGH QUALITY OPERATING CONDITION. FIGURE 2 IFISCHER AGGREGATES, INC. SHAKOPEE GRAVEL PIT 1995 FORECAST PM PEAK HOUR VOLUMES AT I SiliF GENS 8 ASSOCIATES,INC. r AND GRAVEL PIT DRIVEWAY TRAM$vOROR1ANCNENGINEER$iNDC(aNNER$ INTERSECTION OF CR 83 �,. • GRAVEL OPERATION ONLY GRAVEL AND READY MIX OPERATION I N N 111 t t I NOT TO SCALE NOT TO SCALE I I I i 130 (1.4% OF EXISTING <.3 'Qfy y6 160 (1.7% OF EXISTING Cs"ly 76 9,500 VEHICLES PER 9,500 VEHICLES PER DAY ON CR 83) ---------. DAY ON CR 83) _# 1 245 VEHICLES 305 VEHICLES GRAVEL PIT GRAVEL PIT 1 ENTRANCE ENTRANCE 115 (1.2% OF EXISTING 145 (1.5% OF EXISTING 1 9,500 VEHICLES 9,500 VEHICLES PER DAY ON CR 83) PER DAY ON CR 83) cO I m (L CC U U I1 I r . ._ . _. . 1 • FIGURE 3 FISCHER AGGREGATES, INC. SHAKOPEE GRAVEL PIT DAILY TRAFFIC: GRAVEL PIT GENERATION COMPARED �(my U ON CR TRAFFIC TO TRApFFIC3 VOLUMES I` 7 TRANSPORTATIONENGINE;RSANO PLANNERS I 1r `, GRAVEL SHOULDER EXIS s ..4G BYPASS LANE i ; 1 / �� T• N , CSAH 83 — O — .A — • --- — •-• \..-- " (" "w , `E,� I, , ,f I EXISTING EXISTING RIGHT TURN LANE ' .1it _ILt �,f a =7:14,%,,"•—•/'•/ i ACCELERATION • I I , sui;'jC4i4avi:I°J`-,•i_::i1: .ia.:. LANE I " 4 s " �' GRAVEL SHOULDER IQ _,_ : ,A�:' —_ I' . I SCALE i" = 50' oI iM' I DRIVEWAY AREA TO w BE CONSTRUCTED IN i I -�. �:. �,_., . I CONJUNCTION WITH - s5�lt.L.1`:1F0ISCHER APPLICATION IEXISTING =�_` _`-. � EXISTING GATE POST I ;=�^�:: ,_ - I GATE POST • I Q 3r3�' r,I � ' U' INOTE: - 'f; -• AN APPROXIMATE-1.0% GRADE 1—;,_ TO BE ESTABLISHED ON DRIVEWAY -y' .r_.. CENTERLINE FROM EDGE OF CR 83 w ¢ F=t' ,=r PAVEMENT EAST TO END OF Q Lt BITUMINOUS PAVEMENT IN i '`�' cam'`',_ ACCORDANCE WITH THE EXCAVATION o `-=" -'* • PLAN PREPARED BY SUNDE t EE I!L _'`t.7., ENGINEERING, INC. i DRIVEWAY 30' SLOPE 2.0% 4-- LOPE;2.0% K 6 • 4" BITUMINOUS SURFACING 8' AGGREGATE BASE (CLASS 5) . TYPICAL CROSS SECTION iCHERAGGnEGEsiNCsHAKoFEEF ' METRICS i� BENSHOOF&ASSOCIATES,INC. if TRANSPOATATIONENCINEERSANOPIANNERS 1 I , 1 1 I PROPOSED PIPELINE RELOCATION �._ I '-: 1 EXISTING 6" _ NORTHERN NATURAL GAS U '; PIPELINE 11\. 1 • 1 1 1 I i i 1 .EXHIBIT I 1 PROPOSED PIPELINE RELOCATION 1 I 1 3. Post of Emergency Information: Emergency procedures and applicable telephone numbers shall be posted at the scale house and be available at the operator's administrative office. O. Removal of Buildings Within a period of three (3) months after filing of a letter of intent to complete operations or within six (6) months after determination by the City that the site has been abandoned by the sand and gravel operation, all buildings, structures and plants incidental to such operation shall be dismantled and removed by and at the expense of the sand and gravel producer last operating such building, structure or plant, or the owner of the property, unless the structure or use is compatible with the anticipated ultimate use of the property as determined by the City. This will be in compliance with City Code Section 11.88 Subdivision 2S. P. Signs and Exterior Lighting The only sign shall be the identification sign that currently exists at the entrance of the property. The lighting will be security lighting in the operations area. Q. Weed Control ' Weeds and other unsightly or noxious vegetation will be controlled by periodic mowing and/or spraying. Existing trees and topsoil along existing public right-of-way will be maintained unless otherwise approved by the City. This will comply with City Code Section 11.88 Subdivision 2S. R. Fuel Storage There is a 1000 gallon above ground fuel tank located in the Central Operations area which is used to fuel on-site equipment. All fuel storage and handling will be conducted in accordance with the Minnesota Pollution Control Agency (MPCA) guidelines. Tanks ranging in size from 110 to 1,100 gallons must be registered with the State of Minnesota. Tanks with capacities that are 1,100 gallons or greater must have secondary containment. S. Number of Employees Under current operations approximately 5 employees are needed during the mining season. T. Appearance of Structures All buildings and structures shall be maintained in accordance with the provisions of Section 11.88 Subdivision 2S of the City Code. 39 1 VIII. End Use Plan A. Purpose The purpose of the End Use Plan is to guide the mining and reclamation of the Fischer site in a manner that will be consistent with the ultimate development of the area. The End Use Plan provides a basis for the grading, drainage and utility plans. B. Comparison with 1985 Plan (Merila Plan) The current End Use Concept Plan for the Fischer site is based on a residential land use. The 1985 plan was based on an industrial end use. The 1985 plan did not propose to move the pipeline and did not propose to mine and remove the Rutt farmstead or driveway to County Road No. 83. C. Description of End Use Plan 1 The End Use Concept Plan and Layout is illustrated on Exhibits B and J. The End Use Plan provides for approximately 330 single family residential lots. These would be developed with municipal utilities (sanitary sewer, storm sewer and water). This plan is consistent with the City's Comprehensive Plan (guided land use) and Utility Plans to serve the subject site. D. Thoroughfare Plan and Traffic 1. General Description: It is expected that the residential development on the Fischer property will have six points of access to the east, south, west and north. The eastern access is on County Road No. 83, the western and southern access points will connect with a future minor arterial being planned by the City, and the north access point will connect through other property to County Road No. 16 (see Figure 5). 1 I 1 1 1 40 1 1 I I z �� 1 . W u _-. u:j W ��{j C :5'j _3_ I i I III < -81 2 I 2�4 ,,� u O I i j v ✓ i i IIpIII t 1 EXHIBIT J I _ =_1111111 MIMI END USE STREET LAYOUT Min 1 1 �I NM • El ' — . --( ' �I ■IIvo i al, 1 EE . lI wimaffili III 10611 1 4kuillillaillil WM, am W I 11111 . 41N NOI wioo :: 1 *4051' ‘i v , i .... %. 11 1 0 1 . . I ,i t , : •a • APPROXIMATE SCALE 4 • • 0 1600' i • t..... ., ----P---- >N\i,..:1 CO .., ss U�uRE SHAKoPEE 6 ,v,,,5._ THE rwo WEST ACCESS POINTS WILL CONNECT THE STREET SYSTEM ON THE ADJACENT PROPERTY,FORMING + AN INDIRECT CONNECTION TO s THE FUTURE MINOR ARTERIAL. t THIS INDIRECT CONNECTION IS -- • — • ••• • - • ^' • - • -'• THROUGH UNTRAFFICRS OF 1 j FISCHER PROPTHE RADWAYERTY. E I EU(ORE MINOR,.,, • ,4/4, �•_ . � . _ , _ . _ ci /NCif• �-T `• F op RR Y { '14, I ' I Sp1111he O� _ • I�SON PL-AN - NOTE: INTENTION OF EXHIBIT oo ' IS TO SHOW BASIC STREET U i CONNECTIONS. ROADWAY VALLEY VIEW RD. ALIGNMENTS WILL BE ESTABLISHED IN CONJUNCTION WITH DEVELOPMENT PLATS. -.•.. - .. - .. .. t. .. -ja ted". FIGURE 5 FISCHER AGGREGATES , INC. CONDITIONAL USE PERMIT FOR GRAVEL MINING SUGGESTED STREET BENSHOOF&ASSOCIATES,INC. OPERATION CONNECTIONS FOR I TR4NSPORtATIGNEMGINEERSAMOPIAnNEA3 END USE PLAN IK2 J• I i 2. Traffic Forecasts: a. Trip Generation Trip generation rates for the proposed end use were developed based on information published by the Institute of Transportation Engineers/ Table 1 shows the expected number of trip ends during the AM and PM peak hours and on a daily basis/ ' TABLE 1 AM AND PM PEAK HOUR AND DAILY TRIP GENERATION PROJECTIONS FOR THE PROPOSED RESIDENTIAL END USE AM PEAK PM PEAK DAILY HOUR TRIPS HOUR TRIPS TRIPS USE SIZE IN OUT IN OUT IN OUT Single Family Dwelling Units 330 Units 63 181 216 117 1576 1576 I _ b. Trip Distribution and Assignment Figure 6 shows the trip distribution percentages for the forecasted trips associated with the residential development. These percentages are based on the anticipated travel patterns of the residents residing within the development. The projected trips were assigned to the ' surrounding roadways based on these percentages, resulting in the volumes shown in Figure 7. ' 3. Traffic Review: As shown in Figure 3, the projected development traffic volumes on the surrounding roadways are not very large in magnitude. In fact, the projected daily development volumes shown on County Road No. 16 and County Road No. 83 are 15 percent or less of the existing daily volumes. When the end ' use development is completed in about 20 years, the development traffic will constitute a lower percentage of the traffic on County Roads No. 16 and 83 because volumes on those roadways likely will be substantially greater than existing volumes. ' 43 1 1 4. Conclusions: I From the traffic forecasting and review documented in this report, there are established the following conclusions: I ■ All access to/from the development will be via the six access points shown in Figure 5. It is important to note that no direct driveway access will be provided to either County Road No. 83 or to the City's future minor arterial route just south of the Fischer property. The resultant six street connections will provide good accessibility to the 111 surrounding roadway system for both residents and emergency vehicles. ■ The surrounding roadways will be able to efficiently y acc ommodate the proposed end use development traffic volumes. E. Compaction for Building At the time of reclamation and construction, all grading work wine tested by a professional testing company and must comply with strict FHA 79G grading standards in order for building to occur. There will be no building construction on the perimeter side slopes. I I 1 1 I I 44 • 1 • 1 N , t . ! APPROXIMATE SCALE I .i IMic;161.11111 0 1600' I . f CIO I • �O I rh a 15% \___ iftio t I i A. . ----1, r ..... Fu-rvac SKAKo 1 ., „, PEE BYPPSS 50% THE TWO WEST ACCESS ' POINTS WILL CONNECT WITH THE STREET SYSTEM ON THE �� ADJACENT PROPERTY,FORMING I AN INDIRECT CONNECTION TO THE FUTURE MINOR ARTERIAL •-' /0 THIS INDIRECT CONNECTION IS 15% IMPORTANT TO PREVENT THROUGH TRAFFIC USE OF .4 J .�.��• �� THE ROADWAY ON THE -- • -- • •- • -- • - • -- . FISCHER PROPERTY. F1JTURE MIN01�gR� 4I T CC • NCi�T \ Po��RTv -'41SA AIPLAN 1 15% 2 U VALLEY VIEW RD. oI IFISCHER AGGREGATES , INC. FIGURE CONDITIONAL USE PERMIT TRIP 1 FOR GRAVEL MINING �} BENSHOOF&ASSOCIATES,INC. OPERATION DISTRIBUTION �" ipAYbPCRiAT10MEMG'!tEEP,SAxOPlA+1NER4 PERCENTAGES K y. • 1 • ' ' N 1 : t • APPROXIMATE SCALE 1 1 0 1800' Il qp r6 �. 111 •i 1 aill ill pp 36/50/472 I f .� SCE BYPASS 1 23/166/1576 1 PU-n}FE SHAKO1 y THE TWO WEST ACCESS POINTS WILL CONNECT WITH 63/82/781 THE STREET SYSTEM ON THE 12117/1 56 1 ADJACENT PROPERTY,FORMING = NNECTION TO THE FUTURE MN OR ARTERIAL. 108/151/1429 • THIS INDIRECT CONNECTION IS - • - • -- IMPORTANT TO PREVENT -. THROUGH TRAFFIC USE OF 4 1 � I g THE ROADWAY ON THE 94/13711293 FISCHER PROPERTY. 1 N FUTURE MWORgR 36/50/472 �, ! t 4'O 1 FISCHER , 1 8 LEGEND PROPERTY . ^'__ A.M. PEAK HOUR NSAo9r . _ . J z- �� P.M. PEAK HOUR qn J " OAILY ONPLQN xxnancx 51/63/608 I M p 37/49/472 —El 0 • U ,VALLEY VIEW RD. 'Nev• I ‘N IGURE 7 4 FISCHER AGGREGATES , INC. = I CONDITIONAL USE PERMIT A.M. AND P.M. PEAK _ FOR GRAVEL MINING HOUR AND DAILY I 6ENSHOOF&ASSOCIATES,INC. OPERATION DEVELOPMENT I yr TRa.tiSVOP.TATIONENGIAEERSANDPIANNERS TRAFFIC PROJECTIONS., 1 IX. Required Permits A. Annual Excavation Permit ' An annual excavation permit shall be required in accordance with the provisions of the City Code. An on-site crew will be used to verify mining depth where needed. ' This will provide exact information where a concern may exist by the City at the time of annual inspection. B. Building Permits Building permits shall be obtained from the City for any structure requiring a permit ' under the Minnesota Uniform Building Code. C. Demolition Permit ' Permit from City to demolish Rutt farm building identifiede on Exhibit C shall b_ obtained. ' D. MPCA Air Emission/Storm Water Permit 1. Permit from the Minnesota Pollution Control Agency (MPCA) for an "Air Emission" permit for a Sand and Gravel Quarry and Air Pollution Equipment 1 according to MN Statutes Chapters 115 and 116 shall be obtained. 2. A permit from the MPCA for storm water discharge (National Pollutant Discharge Elimination Permit) has been obtained. 3. Fuel Tanks must be registered and/or secondary containment provided as re- quired under State law. E. Sign(s) Permit Sign(s) permit from the City for any business identification, sales or advertising signs as regulated by City Code will be obtained. ' F. Special Permit (City) ' Additional hours of operation, if requested and approved by the City Council will be obtained if needed. G. Pipelines Lower or moving of pipelines shall require a permit from the Minnesota Pollution ' Control Agency to be issued to Minnegasco Co. ' 47 1 H. Conditional Use Permit (CUP) ' Mining and processing. of sand and gravel materials shall require a conditional use permit(CUP) to be granted under the provisions of City Ordinance Section 11.52 and amendments thereto. The CUP may be amended from time to time as approved by the City after petition by the Operator, which is the subject of this report. I. MPCA Inspection ' The site is periodically inspected by the State of Minnesota Pollution Control Agency (MPCA). Fischer is required to obtain an MPCA permit on an annual basis. Inspections include operations related to vibrations, noise and dust emissions. It is expected that the City would rely upon these inspections and this information. The site also is inspected each year by the Mine Safety and Health Administration (MSHA). X. Additional Operational Controls I , In addition to the permits that will be required under Section IX above, certain other operational controls will be established through the Conditional Use Permit in addition to those already addressed, herein: A. Size of Phase Each Phase shall not exceed 25 acres in size excluding the.central operations area and stockpiles and each Phase shall be restored as approved by the City as a new Phase is opened. ' B. Blasting for Mining There shall be no blasting for mining operations. ' C. Bituminous Operations and Ready-mix i No bituminous operations are being proposed or approved. The operator may request a ready mix operation in the future as an accessory use to mining as provided in City Code Section 11.52 Subdivision 5. D. Conveyor Materials 1 Conveyor belts shall be non-metallic. I 48 1 E. Sand Salt There shall be no mixing or storage of sand salt on the site. ' F. Maintenance ' Any maintenance of vehicles involving changing oil or maintenance where contaminates could be spilled shall be conducted over a concrete apron where any spills can be trapped before potential percolation into the ground. XI. Coordination with Adjacent Land Owners rThe Fischer Aggregates mining shall be coordinated with adjacent land owners. This shall involve the following: ' A. End use grades, thoroughfares, and land uses as set forth herein will be followed unless otherwise revised by the City as a part of the comprehensive planning for the subject area. B. Mining shall be coordinated with adjacent properties as related to grades, surface water management, sequence of mining and similar matters requiring coordination. C. Grades along the boundary of the Fischer property will be mined to the end use ' grades unless otherwise determined by the City at the time an annual excavation permit is issued for any area. ' D. Fischer will promptly respond to any complaints from adjacent property owners or the City. XII. Permits and Licenses A. Permits and Licenses It is the responsibility of the Operator to obtain and comply with all necessary approvals, permits and licenses from the City of Shakopee, Scott County, Minnesota ' Pollution Control Agency, Minnesota Department of Health, and any other regulatory agency affected by or having jurisdiction over_.the project. All costs incurred to obtain said approvals, permits and licenses shall be the responsibility of the operator. The Operator agrees to comply with all other laws, regulations, permits or licenses which may apply and/or are issued in connection with the operation of the site. The Operator is required to obtain an annual excavationpermit(s), as set forth in the q Shakopee Code of Ordinances in connection with any area of the Fischer site where ' the earth is to be disturbed. With the application for the annual excavation permit, the Operator herein submits a 1995 Fischer area plan depicting what and where ' 49 •1 activities are anticipated to occur. The submission of such plan does not grant the Operator any additional rights to excavate or mine any area beyond that area permitted under an annual excavation permit. B. Default ' It is proposed that any default as defined herein be processed as described below. Default is the failure by the Operator to observe or perform any condition, obligation or agreement to be observed or performed by it under the issuance of the annual excavation permit by the City, within thirty (30) days after receiving written notice from the city. The written notice must specify the problem and request that it be remedied. The Operator shall have a period of thirty (30) days from the date of service to correct the problem. Upon request by the Operator, the City may agree in writing to an extension of the 30 day period, prior to its expiration, for such longer period as may be reasonably necessary to remedy such problem, provided that the Operator is proceeding with reasonable diligence to remedy the same. , C. Remedy Upon recurrence of a default which is not resolved withinthu-ty (30) days as ) described above, the City may require a public hearing. The City Council may establish certain conditions, suspend or terminate the excavation as a remedy in resolving a default. D. Operator ' The Operator is proceeding in good faith by preparing and providing this detailed Fischer update in August 1995. This report describes in detail the commitment the Operator is making to numerous operational issues in order to comply with City Ordinances and the requests of City Staff. The contact person for all compliance issues on behalf of the Operator shall be Liza Robson at (612) 432-7132 or such other person as may be designated by the operator from time to time. 50 , -. 1 Appendices ' 1. Legal Description 2. C.U.P. Application 3. Response to City C.U.P. Criterium 4. Equipment List • 15. Fischer Aggregates E.A.W. Letter from City 6. 1988 C.U.P. Resolution 1 • I 1 1 LEGAL DESCRIPTION 111 The Northeast Quarter of the Northwest Quarter of Section 16, Township 115 , North, Range 22 West, Scott County, Minnesota. Also: ' The West Half of the Northwest Quarter of Section 16, Township 115 North, Range 22 West, Scott County, Minnesota, lying north and easterly of the ' northeasterly right of way line of the Chicago, Milwaukee, St. Paul and Pacific Railway. Also: ' That part of the Southeast Quarter of the Northeast Quarter of Section 17, Township 115 North, Range 22 West, Scott County, Minnesota, lying northeasterly of the northeasterly right of way line of the Chicago, Milwaukee, St. Paul and Pacific Railway. Subject to easements, reservations, and restrictions of record, if any. Y . 111 • • 1 WO 93.187 file:mb6:fegaf.93.167.001 I • 1 1 .Retttrii Coi;ri,' :'e Application To The Shakos Planning Depart»;e;;t ICONDITIONAL USE PERMIT APPLICATION • Part I: APPLICANT IttNFORMATION ICITY OF SFIAKOPEE For Office Use Only: 129 South Holmes Street , Date Filed: Shakopee, MN 55379 Filing Fee: (612) 445-3650 • Receipt No.: • IApplicant/Developer: Fischer Acareaates, Inc . Street Address: 6801 ;.i. 150th Street ICity, State, Zip: Apple Valley, MN 55124 Phone: 432-7132 Current Property Owner: Fischer Enterprises I Street Address: 6801 W. 150th Street City, State, Zip: Apple Valley; MN 55124 Phone: 432-7132 IConsultant/Engineer: Sunde Enai neerina, Inc. Street Address: 9001 E. Bloomington Freeway 111 City, State, Zip: Bloomington, MN 55420 Phone: 881-3344 • •• . `Application Fees: I • CHECK PERMIT TYPE FEE ONE I 1\•fining Permit Fee plus Cash Deposit 52700 X Home Occupations S 100 _ • Home Occupation Renewals and Amendments S100 I • All Other Conditional Use Permits S200 All Other Renewals and Amendments S200 X Applicant is also responsible for all administrative costs and consultationthe P fees incurred by City, as established in the City's Fee Schedule. Il . Submitted this 13th day of February , 19 95 . . 6 1 jr, 0 . 9,_,,,,i,_ Applicant's Signature ,r I iya, j , 9v,,,ir„.„ • Property Owner's Signature ' • City Shas three day: ti•unt the a plication de:: mitte tore%:..•w. ! Cttn:for completeness. Only complete applica�i�ns wdi . be processed, . •. ONDITIONAL USE PERMIT APT - "CATION Part El: SITE INFORMATION • I. Current legal descriptions of all parcels (attach on separate sheets S I/2" x II" if too lengthy). ' Parcel A See Attached Parcel B • Parcel C • Parcel D I 2. PID Numbers: 27- 917002-0 27- 916010-0 1 (current) 27- 916010-1 27- I 3. Property Present Torrens Acreage: 136 Zoningrope : Agricultu=alpn►y Mining Overlay (yes/no) I 4. Type of Conditional Use Permit Requested:. 3:Grave1 Mining Operations • I . S. • Proposed Improvements: Mining Operations '- See Attached Report 6. . Existing P Y Use ofPro ert : Gravel Mining Operations • I 7. Proposed Use of Property: Same I S. . Project Permits Required: (Please mark appropriate blanks.) I Planning Permit Approval Building Permit Approvals _x Conditional Use Permit _Principal Building Permit I Variance _Accessory Building Permit Rezoning Deck and Fence _Comprehensive Plan Amendment _Sign I _MUSA Amendment Septic (On-site sewer) _Major Subdivision Storage Tank • . _Vacation _Moving Permit I _Environmental Assessment Worksheet • __Environmental Impact Stat Engineering Permit Approvals _DNR Approval \Fork in the Right-of-Way i • .. _Scott County Environmental Health Grading and Drainage • _MPCA Wetlands Conservations Act , • NPDES •. SP.UC Permit Approvals • _Utility Review .. I I9. Has the applicant or t',.operty owner sought to plat, rezone; ot,ain a variance or Conditional Use Per; on the subject parcel or any portion of it? No Yes x 1985 & Ifso, when? 1 qq.3 Request for: Gravel Mining I • I 10. Do you believe that the proposed Conditional Use will meet the criteria necessary for the granting of., I a permit for the subject site? (Please refer to the five criteria for granting Conditional Use Permits fro City Code Section 11.S5.) Describe: IYes , see booklet and E. A.W. Also C . U. P . criteria attached . •I I 11. : Additional information that you feel would assist the Shakopee Board of Adjustment and Appeals in I _ understanding and evaluating your request:. N:A. I - • I • I I ;CCKOLISrrr?) P.::V:.$SD1_Yf . , • . 1 i Fischer Enterprises, Inc. 06-12-95 The following is a response to "criteria" to be considered by the City of Shakopee in acting upon the Fischer Enterprises, Inc. application to amend their conditional use permit. Criterium No. 1 The uses will not be injurious to the use and enjoyment of other property in the immediate vicinity for the purposes already ' permitted, nor substantially diminish and impair property values within the immediate vicinity. , Response: The use (gravel mining and processing) has been in existence at this location since 1988. There have been no known adverse impacts or I a diminution of value impact upon adjacent properties. The proposed amendment to the CUP will not alter this situation nor create any new adverse impact. The revised end use plan is improved over the current plan. ' Criterium No. 2 That the establishment of the conditional use will not impede the normal and orderly development and improvement of surrounding ' vacant property for uses allowed in the area. Response: The predominant surrounding use is agricultural. Over time, the ' surrounding property is expected to be converted to urban uses, which will predominantly be residential development. ' The subject property will be available for urban scale development about the year 2010. This should not adversely impact the growth of the surrounding area. ' 1 • 1 1 Criterium No. 3 Adequate utilities, access roads, drainage and other necessary facilities have been or will be provided. Response: Public utilities are not available to the subject site. However, the end use grades respect the existing Metropolitan Waste Control Commission (MWCC) sanitary sewer invert elevations. End use grades have been coordinated with City storm drainage plans. ' The internal road system also has been coordinated with City thoroughfare plans for the area. ' Criterium No. 4 The use is consistent with the purposes of the zone in which the applicant intends to locate the proposed use. ' Response: The report submitted with this CUP amendment application provides many references and responses to the provisions of the City Code. This application is consistent with the City Zoning Ordinance which permits mining as an overlay district in Agricultural. Criterium No. 5 The use is not in conflict with the Comprehensive Plan of the City. Response: The mining use is an interim use. The subject site's end use grades and restoration will_ permit end uses consistent with the City Comprehensive Plan. Respectfully submitted, Fischer Enterprises, Inc. I I ' Page 2 i 11 • • I Eal/i0Ment , Komatsu Loader 500 (SN 10215) Komatsu Loader 450 (SN 20054) Finley Hydrascreen Conveyor (42188) Conveyor (8-H147) Conveyor (42088) Conveyor ( '71 Falls) iCedar Rapids Screen Plant • 30 Ton Surge Hopper Tunnel Conveyor 1175-90 Conveyors - (7) Crushing Plant - El-Jay Model 1145 42A0388 ' Stacking Conveyor 120' Caterpillar Gen Set 320KW 2WB6476 Conveyor Cedar Rap. 36" x 60 33319 Washing « Screening Plant 5 x 16, 3 Decks ' Trailer 68 Frue. Trailer 68 Frue. Trailer Well Electrical Culverts Cardinal Scale Grizzley Feeder • Conveyor Wiring Concrete Scale TOTAL SI-IAKOPEE IJanuary 6, 1995 Liza Robson I Apple Valley Readymix 6801 150th Street West Apple Valley, MN 55124 • I RE: Fischer Aggregates EAW • Dear Ms. Robson: • At their January 3, 1995 meeting, the Shakopee City Council approved Resolution- No. 4152 as recommended. The resolution made a negative declaration on the need for an Environmental . Impact Statement (EIS). Processing the amendment to the Conditional Use Permit (CUP) may now begin. . IIf you have any questions, please feel free to call me at (612) 445-3650. Sinc-rely, . I i / - lir ,, S ILindberg S. Ekola . ' Planning Director 1 cc: .John Voss . I (No4'152) I - I . • I . ' - COM MUNITY PRIDE SINCE 1857 • . . . _ . ' ' Il_4.tiodaics Srt .<•t s..uth• SL0kupe. Ntinn�•atit.,• ;370.11:! • c12•4:.•3n:U •'FA\ 612•4. •r:IS • . , Attachment x i • AW( M - -1 1 CITY OF SH. KOPE=' 1 CONDI_=ONAL USE 9ERMTT RESOLUTION OF 77.7 CTTY COUNCIL NO . 376 1 WEIPEAS , Scott County Lumber/Bert Noter ann having duly filed an application for a Conditional Use Permit dated Septeooer 21 , 1984 under the provisions of the Shakopee Zoning Ordinance, Section 11 . 04 , Subd. 6 , as follows : to approve the application for mineral extraction and land rehab i l i talion in the Acr icultur= zoned area; and WF7REAS , the property upon which the request is being made is described as the SE 1/4 of NE 1/4 of Section 17, NE 1/4 of NW 1 1/4 of Section 16, W 1/2 of NW 1/4 of Section 16, Cr. County Road 83 ; and WHEREAS, the City Council did on August 20, 19885 adcot II Resolution t2427 denying the Conditional Use Permit, wh?ch denial was appealed; and WHEREAS, the Minnesota Court of Appeals has ordered the City of Shakopee to issue the Conditional Use Permit with conditions . NOW, THEREFORE,ORE, 3 E IT RESOLVED BY THE CITY COUNCIL O: THE II CITY OF S'r_AKOPEE, MINWESOTA, that the aforementioned Conditional Use Permit be and is hereby granted subject to the following II conditions: i The Conditional Use Permit and Mining Permit be reviewed annually. Both permits to be renewed every three years . 2 . Conditional Use :ermit approval be contingent upon Cit✓ Council approval of the Mineral Extraction and Land Rehabilitation Permit. 3 . Security fencing shall be used on the main access roads to control vehicular access to the mining and ecuipment area. - 4 . The applicant shall obtain a County Road Entrance Permit from the Scott County Highway Engineer. • 5 . County Road weight restrictions shall be adhered to . Truck traffic shall be limited to the use of County Road 83 to Evy 101 and CR 42 . Absolutely no truck t`a 72'i c fro the mining ooeratior. shall be routed through the urban portion or. of the City of Shakopee. 6 . Eight to ten foot berms shall be built around the per meter of each phase. Berms must be fully seeded to prevent erosion. 1 1 ' 7 . The mein i ng operation shall maintain the following minimum setbacks : 100 feet from any residential or co^rmerc:.al property line; 500 feet from any residential or cc:.,.mercial structure; 30 feet from any road right-of-way. • 8 . All portable buildings rust be approved by the Building Official . approved 9 . The hours of operation shall be limited to 8 :00 A.M. •to 5 : 00 P.M. , Monday `.'^r: Friday. ' 10 . Dust rust be controlled ed by paving rain access "-cads , , watering haul roads and ecuirrent and by any other means whichwill control adverse a?`ter"-5 of dus- on iieig_horin g properties . 11. Noise emissions shall not exceed the noise limits as noted in Section 10 . 60 (Noise Elimination and Noise Prevention) of the Shakopee City Code, nor the MPCX Standards. ' 12 . There shall be no cn-site . storage of fuel and no use or storage of explosives. • 13 . No exterior lighting shall be used at the operation site. 14 . Stockpiles of gravel shall not exceed 25 feet in height. ' 15. The applicant shall be responsible for reimbursing the City for all casts incurred in reviewing the permit through the life of the operation. ' 16 . The Gravel Extraction Plan. Map 3) and the End Use Plan Map C) as submitted by the applicant, shall be adhered to, ' without modifications, unless approved by City Council. 17. The applicant shall prepare in report fora, a plan for ' operation, which if acceptable, shall be adopted by resolution as the Mining Permit. The Plan for Operation shall be comprised of 1) the submitted maps A, B, C; 2) the conditions of the approved pets 3) background information ' as contained in the aero prepared by Merila and Associates, Inc. ; dated April 3.0 , 1985 . J 18 . An. Environmental Assessment Worksheet shall be prepared and processed in accordance with the State of Minnesota' s adopted Environmental Review Program. No action shall ' commence on the subject property until a Negative Declaration has been filed and the required 30 day review and comment period has elapsed. If the =AcQ substantiates the need for an Environmental Impact Statement, no action shall commence on the subject prcoerzy until said document has been prepared and any and all modifications have been ' made in the proposed operation, to mitigate potential adverse environmental impacts. 1 w CONSENT Memo To: Dennis Kraft, City Administrator From: Julie Baumann, Planner 144 Date: October 17, 1995 Re: Final Plat for Canterbury Pointe Attached is a revised resolution regarding the Final Plat for Canterbury Pointe which requires the dedication of drainage and utility easements along the south, east, and west lot lines. (Please refer to recommended Condition No. 5.) i:\planning\cc\1995\ccl 017Vpcantp2.doc RESOLUTION NO. 4320 A RESOLUTION OF THE CITY OF SHAKOPEE, MINNESOTA, APPROVING THE FINAL PLAT FOR CANTERBURY POINTE. WHEREAS, the Planning Commission of the City of Shakopee did review the Final Plat for Canterbury Pointe on October 5, 1995, and has recommended its approval; and WHEREAS, all notices of the public hearing for the Preliminary Plat were duly sent and posted and all persons appearing at the hearing have been given an opportunity to be heard thereon. NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, as follows: That the Final Plat for Canterbury Pointe, described as: Lots 1 through 6, Block 3, Prairie Bend 1st Addition, City of Shakopee, County of Scott, State of Minnesota is hereby approved subject to the following conditions: 1. Approval of title opinion by the City Attorney. 2. Execution of a Developers Agreement for construction of required public improvements: a) Water system to be installed in accordance with the requirements of the Shakopee Public Utilities Commission. 3. The developer agrees to and accepts the City Engineer's apportionment of special assessments. 4. The developer shall dedicate a 40 foot drainage and utility easement between the bulb on the western driveway and the western-most curve on the eastern driveway. 5. The developer shall dedicate a 10 foot wide drainage and utility easement along the eastern lot line, and a 5 foot wide drainage and utility easement along the southern and western lot lines. BE IT FURTHER RESOLVED, that the Mayor and City Clerk are hereby authorized and directed to execute said Plat and Developers Agreement. Adopted in session of the City Council of the City of Shakopee, Minnesota, held this day of , 1995. Mayor of the City of Shakopee Attest: City Clerk Approved as to form: City Attorney CONSENT ILL Memo To: Dennis Kraft, City Administrator From: Julie Baumann, Planner I Date: October 17, 1995 le Re: Final Plat for Canterbury Pointe Introduction Roger Derrick of Derrick Investments is requesting approval of the Final Plat for Canterbury Pointe. Canterbury Pointe is located within the Prairie Bend Planned Unit Development (PUD). The subject site is located south of 4th Avenue and west of Sarazin Street. A copy of the October 5, 1995, Planning Commission staff memo has been attached for your reference. Background and Discussion The Prairie Bend Planned Unit Development was approved by the City Council on July 26, 1994. The Preliminary Plat for Canterbury Pointe was approved in the September 1995, and proposed 1 lot on 8.115 acres, at a density of 4.93 lots per acre. With this application, the applicant is requesting Final Plat approval for 10 single level condominium buildings(a total of 40 units). Alternatives 1. Approve the Final Plat for Canterbury Pointe. 2. Do not approve the Final Plat for Canterbury Pointe, stating the reasons for denial. 3. Table the decision, and request additional information from the applicant and/or staff Planning Commission Recommendation The Planning Commission has recommended the approval (Alternative No. 1) of the Final Plat for Canterbury Pointe, subject to conditions. Action Requested Offer Resolution No. 4320, A Resolution Approving the Final Plat for Canterbury Pointe, and move its adoption. is\planning\cc\1995\cc 1017\fpcantpt.doc RESOLUTION NO. 4320 A RESOLUTION OF THE CITY OF SHAKOPEE, MINNESOTA, APPROVING THE FINAL PLAT FOR CANTERBURY POINTE. WHEREAS, the Planning Commission of the City of Shakopee did review the Final Plat for Canterbury Pointe on October 5, 1995, and has recommended its approval; and WHEREAS, all notices of the public hearing for the Preliminary Plat were duly sent and posted and all persons appearing at the hearing have been given an opportunity to be heard thereon. NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA,as follows: That the Final Plat for Canterbury Pointe, described as: Lois 1 through 6, Block 3, Prairie Bend 1st Addition, City of Shakopee, County of Scott, State of Minnesota is hereby approved subject to the following conditions: a) Approval of title opinion by the City Attorney. b) Execution of a Developer's Agreement for construction of required public improvements: i) Water system to be installed in accordance with the requirements of the Shakopee Public Utilities Commission. c) The developer agrees to and accepts the City Engineer's apportionment of special assessments. d) The developer shall dedicate a 40 foot drainage and utility easement between the driveway areas. BE IT FURTHER RESOLVED, that the Mayor and City Clerk are hereby authorized and directed to execute said Plat and Developer's Agreement. Adopted in session of the City Council of the City of Shakopee, Minnesota, held this day of , 1995. Mayor of the City of Shakopee Attest: City Clerk Approved as to form: City Attorney • CONSENT Memo To: Shakopee Planning Commissi• • From: Julie Baumann,Planner I ,I Meeting Date: October 5, 1995 Re: Final Plat of Canterbury Pointe Site Information: Applicant•. Derrick Investments,Edina,MN 55439 Location: South of 4th Avenue and West of Sarazin Street Current Zoning: Multiple-Family Residential(R-3) Adjacent Zoning: North: Light Industry (I-1) South: Urban Residential (R-1B) East: Multiple-Family (R-3) West: Multiple-Family (R-3) Comp.Plan: 1980: Commercial Draft 1995: High Density Residential' Area: 8.115 Acres in Preliminary Plat MUSA: The site is within the MUSA and can be served by all municipal utilities Introduction Roger Derrick of Derrick Investments is requesting approval of the Final Plat for Canterbury Pointe. Canterbury Pointe is located within the Prairie Bend Planned Unit Development (PUD). The subject site is located south of 4th Avenue and west of Sarazin Street(See Exhibit A). Discussion The Prairie Bend Planned Unit Development was approved by the City Council on July 26, 1994. The applicant is proposing to construct ten single level condominium buildings (a total of 40 units) on one lot. The proposed development would result in a density of 4.93 units per acre. The developer is proposing to plat one lot on the 8.115 acre site (See Exhibit B). This lot meets the design standard requirements for the Multiple-Family Residential(R-3)Zoning District. 1 Staff has determined that access to the parking facilities (garages) is in conformance with City standards. The proposed driveways have a width of 28 feet. Driveways must have an unobstructed width of 20 feet in order to allow access for emergency vehicles. Section 11.60, Subd. 8 of the Zoning Ordinance provides landscaping requirements for development. The landscape plan, as proposed, does not appear to meet all of the requirements of this section of the City Code. Because a variance to this requirement has not been requested, staff anticipates that the additional plantings will be provided at the building permit phase of development. The developer is proposing to dedicate a 52 foot wide drainage and utility easement beneath and adjacent to the driveway areas. This easement allows water services to be provided by Shakopee Public Utilities (SPUC), as well as other private utilities. In the area connecting the driveways, the Final Nat shows a 20 foot wide easement. SPUC is requesting that the developer provide an additional 10 feet of easement on either side of the existing drainage and utility easement. Special assessments are pending on the subject site. The Final Plat is in substantial conformance with the Preliminary Plat. Alternatives 1. Recommend to the City Council approval of the Final Plat of Canterbury Pointe, subject to conditions. 2. Modify the recommended conditions, and recommend to the City Council approval of the Final Plat, subject to the revised conditions. 3. Recommend to the City Council the denial of the Final Plat, stating the reasons for denial. 4. Table the decision to allow staff and/or the applicant to provide additional information. Staff Recommendation Staff recommends Alternative No. 1, to recommend to the City Council approval of the Final Plat of Canterbury Pointe, subject to the following conditions: 1. The following procedural actions must be completed prior to the recording of the Final Plat: a) Approval of title opinion by the City Attorney. b) Execution of a Developer's Agreement for construction of required public improvements: i)Water system to be installed in accordance with the requirements of the Shakopee Public Utilities Commission. 2 / ii)The City Engineer will reapportion the existing special assessments against the lots and the devleoper shall waive his right to appeal the reapportionment. c) The developer shall dedicate an additional 10 feet of easement on either side of the 20 foot drainage and utility easement between the driveway areas. Action Requested Offer a motion to recommend to the City Council the approval of the Final Plat for Canterbury Pointe, and move its approval. 41amineboupc\1994c1005aoc 3 • EXHIBIT A • • s1 1 TJ - .. 1,1�� 1 O I,1' �d _ .'1I . is 1,;,___JI1iIi :hi ..., . I •_., ,e _ _ • • • „,,•:...,...U.0*.100V!!:*:-.4 SUB g .442:i..4.4.:,;41744....,•: ,.:.>: 41 •. R 1 8 L .. 1 s• u• — •t 1 • R3 R-1B \ - ;rib, :~' / R-1B\,/,\\/ MR 44 , , , • GQ , ;Z' "tib j . t ;.J . _ I , 1 � � I 1 �i I ••j 91 ..i I :• • I $11.......L..../ • •••," 01 I I i r ^ 1,..;...1.1 • ' t ; ; 1 I • I t �,io. lj / ••'1:4 I , , _ . _ J I . r . ; I . D L. 1 . ' r•77-71• !,I 1 .�I . r ra I /a /• i�' `\ I �^t-+..�A.I II. �., L. r"'"". 1 ! 1��., `:"-\ •�.•. �' . /��' 1 III `i.[— •O ;�� ' NeC j l R3 -- s /`• • B. . .• • �� r--.:I -, , ,t, i �� �sJ• I �--,. t Alt. ; j •� . A r s _ _ _-- - - --� _-- „ , : ,It.� 1 _ 1 EXHIBIT B CANTERBURY POINTE __.....,r _____ 7rf) nvLrrva_ $ �d r'� � N ' 2~s'32'E X4.33 S ,tirept 117611 p 163.52p sa1aa p 1 —'-12$ 2$I4. oa�uc u o unun£/�E►1EltT'�'� 4 s ‘6%_ di_ \ I414,1. (. " .f:, A 7 ,1 .4-1 • ......,,,q,.. j ,....1 tipt 11 t sm. ` k LOT /A. - , ' °� 1 �"' _,� `', •wr. \ .... a 21k . A /vie },10 10111.111^-w-r f 27 1 • 4 4 ,....4 • -k- • ip' . :`•1 ,..:ft.). F-� a d- fr(1711.0dc ... r 141W42.5rE 731412 1 T ,o -I:; , 1 1✓ CONSENT Memo To: Dennis Kraft, City Administrator From: Nicole Bennett, Planner I Meeting Date: October 17, 1995 Re: Proposed Zoning Ordinance Text Amendment to Revise the Conditional Use Permit Standards for Industry Zones Introduction The City of Shakopee is proposing a Zoning Ordinance Text Amendment to add exterior storage as a conditional use in industry zones, and to establish Conditional Use Permit Specific Standards for exterior storage in industry zones due to a recently discovered inconsistency. The Planning Commission closed the public hearing at the September 7, 1995, meeting and tabled its decision until the October 5, 1995, Planning Commission meeting. A copy of the October 5, 1995, Planning Commission memo has been attached for your reference. Background and Discussion The Zoning Chapter, Chapter 11, of the City Code was adopted by the City Council on June 7, 1994. Section 11.60, Subdivision 2 (Performance Standards) of the City Code states that exterior storage is "...prohibited in all zones, except as regulated by conditional use permit, planned unit development, or as specifically provided in the zone regulations". However, exterior storage is not specified as a conditional use within any zoning section nor are any specific standards for exterior storage conditional use permits provided in the City Code. The proposed amendments to Chapter 11, the Zoning Chapter, if approved, will address exterior storage as a conditional use in both Light Industry (I-1) and Heavy Industry (I-2) zones and provide Conditional Use Permit standards for exterior storage in industry zones. Alternatives 1. Approve the proposed text amendment to allow exterior storage as a conditional use in Light Industry(I-1) and Heavy Industry(I-2)zones. 2. Modify the proposed text amendment, and approve the text amendment as modified. 3. Table the decision and request additional information from staff. Planning Commission Recommendation The Planning Commission has recommended the approval of the proposed text amendment to allow exterior storage as a conditional use in Light Industry(I-1) and Heavy Industry(I-2)zones. 1 Action Requested Offer Ordinance No. 429, an ordinance of the City of Shakopee, Minnesota, amending City Code Chapter 11, Zoning, Sec. 11.44, Light Industry Zone (I-1), Subd. 3, Conditional Uses; Sec. 11.46, Heavy Industry Zone (I-2), Subd. 3, Conditional Uses; and by amending Sec. 11.88, Conditional Use Permit Standards for Industry Zones, Subd. 2, Specific Standards for Industry Zones; by adding one new paragraph to each subdivision, and move its adoption. is\planning\cc\1995\cc 1017\storamen.doc 2 ORDINANCE NO. 429, FOURTH SERIES AN ORDINANCE OF THE CITY OF SHAKOPEE, MINNESOTA, AMENDING CITY CODE CHAPTER 11, ZONING, SEC. 11 .44, LIGHT INDUSTRY ZONE (I-i) , SUBD. 3 , CONDITIONAL USES; SEC. 11 .46, HEAVY INDUSTRY ZONE (I-2) , SUED. 3 , CONDITIONAL USES; AND BY AMENDING SEC. 11 . 88, CONDITIONAL USE PERMIT STANDARDS FOR INDUSTRY ZONES, SUED. 2, SPECIFIC STANDARDS FOR INDUSTRY ZONES; BY ADDING ONE NEW PARAGRAPH TO EACH SUBDIVISION. THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA ORDAINS : Section 1 - That City Code Chapter 11, Zoning, Sec . 11 .44, Light Industry Zone (I-1) , Subd. 3, Conditional Uses, is hereby amended by adding one new paragraph, and relettering existing paragraphs K through N as L through O. The new paragraph shall read as follows : K. exterior storage; Section 2 - That City Code Chapter 11, Zoning, Sec. 11 .46, Heavy Industry Zone (I-2) , Subd. 3, Conditional Uses, is hereby amended by adding one new paragraph, and relettering existing paragraphs K through M as L through N. The new paragraph shall read as follows : K. exterior storage; Section 3 - That City Code Chapter 11, Zoning, Sec. 11 . 88, Conditional Use Permit Standards for Industry Zones, Subd. 2, Specific Standards for Industry Zones, is hereby amended by adding one new paragraph, and relettering existing paragraphs G through AA as H through BB. The new paragraph shall read as follows : G. exterior storage : 1. shall be screened from all public right-of-way and residentially zoned land, with an opaque fence, wall, or berm not to exceed eight (8) feet in height, constructed of new -materials, and maintained in good condition; 2 . shall have a maximum area equal to the combined footprint of the principal and accessory buildings; 3 . shall not be located closer than 300 feet to any residential zone; and 4 . shall be surfaced entirely with asphalt, concrete, or class 5 aggregate. Note : The underlined language is inserted. Section 2 - General Provisions . City Code Chapter 1, General Provisions and Definitions Applicable to the Entire City Code Including Penalty For Violation, and Section 11 . 99, Violation a Misdemeanor, are hereby adopted in their entirety by reference, as though repeated verbatim herein. Section 3 - Effective Date. This ordinance becomes effective from and after its passage and publication. Passed in session of the City Council of the City of Shakopee, Minnesota, held this day of , 1995 . Mayor of the City of Shakopee Attest : City Clerk Approved as to form: 400.1 Mj City Attorney F Published in the Shakopee Valley News on the day of , 1995 . [11PLNORD] -2- Memo To: Shakopee Planning Commission From: Nicole Bennett,Planner I Meeting Date: October 5, 1995 Re: Proposed Zoning Ordinance Text Amendment to revise Conditional Use Permit Standards for Industry Zones Introduction At the September 7, 1995,Planning Commission meeting, a zoning ordinance text amendment to revise the Conditional Use Permit Standards by adding standards for exterior storage was proposed by staff. The public hearing was closed at the September 7, 1995, meeting and the decision was tabled until the October 5, 1995,Planning Commission meeting. Background During a recent review, staff became aware that the City Code contains no specific provisions for exterior storage. Thus, the City of Shakopee is proposing a Zoning Ordinance Text Amendment to add exterior storage as a conditional use in industry zones, and to establish Conditional Use Permit Specific Standards for exterior storage in industry zones. "Exterior storage" or "open storage" is defined in Section 11.02 of the City Code as "the storage of goods, materials, equipment, manufactured products, or similar items, not fully enclosed by a building, on a 24-hour-a-day basis for at least 7 days per year." Section 11.60, Subdivision 2 (Performance Standards) of the City Code states that exterior storage is "...prohibited in all zones, except as regulated by conditional use permit, planned unit development, or as specifically provided in the zone regulations". However, exterior storage is not specified as a conditional use within any zoning section nor are any specific standards for exterior storage conditional use permits provided in the City Code. The Zoning Chapter, Chapter 11, of the City Code was adopted by the City Council on June 7, 1994. Discussion Staff has researched the exterior storage standards of a few other communities within the metropolitan area. This information is provided in Exhibit A. Staff is proposing amendments to Chapter 11, the Zoning Chapter, to address exterior storage as a conditional use in industry zones and to provide Conditional Use Permit standards for exterior storage in industry zones. Exhibit B contains sections of the Zoning Ordinance text as they currently exist. The Zoning Ordinance Text Amendment proposes to: • Add Item "0. Exterior Storage" to Section 11.44, Subd. 3 (Light Industry (I-1) Zone Conditional Uses); • Add Item "N. Exterior Storage" to Section 11.46, Subd. 3 (Heavy Industry (I-2) Zone Conditional Uses); and • Insert a new paragraph "G" in Section 11.88, Subd. 2 (Conditional Use Permit Specific Standards for Industry Zones)and reletter the paragraphs thereafter, which new paragraph shall read as follows: "Rem G. Exterior Storage Areas: 1. shall be screened from all public right-of-way and residentially zoned parcels, with an opaque fence, wall or berm not to exceed eight(8)feet in height, constructed of new materials, and maintained in good condition; 2. shall be limited to an area not larger than one-hundred (100)percent of the combined fooVint of the principal and accessory buildings; 3. shall not be located closer than 300 feet to any residential zone; and 4. shall be surfaced entirely with asphalt, concrete, or class 5 aggregate." (Please Note: Proposed text is shown in italics.) Findings The City Council may grant a Zoning Ordinance Text Amendment when it finds that one or more of the following criteria exists: Criterion 1. That the original Zoning Ordinance is in error; Finding 1. The original Zoning Ordinance allows for potential interpretation inconsistencies because exterior storage is addressed in Section 11.60, Subd. 2 (Performance Standards) as prohibited in all zones except as regulated by conditional use permit; yet, the City Code contains no provisions for exterior storage within specific zoning sections. Criterion 2. That significant changes in community goals and policies have taken place; Finding 2. Significant changes in community goals and policies have not taken place. Criterion 3. That significant changes in City-wide or neighborhood development patterns have occurred; or 2 Finding 3. Significant changes in City-wide or neighborhood development patterns have not occurred. Criterion 4. That the comprehensive plan requires a different provision. Finding 4. The proposed text amendment appears to be consistent with the 1980 Comprehensive Plan and the 1995 draft Comprehensive Plan. Alternatives 1. Recommend to the City Council the approval of the proposed Zoning Ordinance Text Amendment. 2. Recommend to the City Council the approval of the proposed Zoning Ordinance Text Amendment with revisions specified by the Planning Commission. 3. Table the decision to allow staff and/or the applicant to provide additional information. Staff Recommendation Staff recommends Alternative No. 1. Action Requested Offer a motion to recommend to the City Council the approval of the proposed Zoning Ordinance Text Amendment. i:\pIaimintoaa\19951pc1005\st«coa2.aoc 3 EXHIBIT A Summary of Exterior Storage Standards in Other Cities Bloomington: Open storage is a "provisional use" within the City's Industrial Park (IP) District. Open storage "...shall be limited to an area not larger than fifty (50) percent of the ground coverage of the principal building, and shall be limited to the rear of sides of the building that do not abut a public street." Burnsville: "Outdoor storage of materials and products may be authorized by conditional use permit in industrial districts...the area shall be limited to fifteen percent (15%) of the gross floor area of the principal structure." Coon Rapids: "Open storage areas shall be to the rear of a building and shall be permitted only when accessory to a permitted principal use. Open storage areas shall be screened by walls or fences so as to effectively conceal wherever practicable these areas from surrounding land uses and from adjoining public streets." Eden Prairie: "In all districts except General Industrial, all raw materials, supplies, finished or semi-finished products and equipment shall be stored within a completely enclosed building...In General Industrial districts, outside storage is permitted provided it is screened in accordance with this Section. Outdoor storage areas shall be screened from all public roads and adjacent differing land uses. No storage or display of any type is permitted in any Commercial or Industrial District within the one-half of the front or side street setback nearest the street nor within any side or rear setback. The outdoor area may not encompass an area greater than six percent (6%) of the base area of the completely enclosed building." Minnetonka: "Storage, assembly or servicing incidental to the principal use on properties designated for office, retail, or service commercial uses" requires a conditional use permit. Outdoor storage areas must be screened from public view with fences, walls, or berms of a 3-to-1 slope. Savage: Within the Limited Industrial District, "all open storage areas shall be fully screened by a wall or fence, not less than ninety percent (90%) opaque nor less than eight (8) feet in height, and the type authorized shall then be maintained in good condition. Open storage areas shall comply with building setback requirements and shall not be located forward of the principal building as constructed. Open storage areas shall be properly graded for drainage purposes and surfaced to provide a durable, dustless surface. There shall be no open storage of scrap or cannibalized autos, machinery or equipment." • EXHIBIT B 4 11.44 SEC. 11.44. LIGHT INDUSTRY ZONE (1-1). Subd. 1. Purpose. The purpose of the light industry zone is to provide an area for industrial, light manufacturing, and office uses which are generally not obtrusive and which serve as a transition between more intensive industrial sites and residential and business land uses. Subd. 2. Permitted Uses. Within the light industry zone, no structure or land shall be used except for one or more of the following uses: A. warehousing and wholesaling conducted entirely within an enclosed building, except those involving a project that fits within one of the Mandatory EIS Categories under Minn. Rules 4410.4400; B. research laboratories conducted entirely within an enclosed building; C. establishments supplying goods or services primarily to industrial uses; D. agricultural uses, but limited to the growing of field crops; E. utility services; F. utility service structures; G. offices within the principal structure and directly associated with another permitted use; or v; H. public buildings. •—�•--Subd. 3. Conditional Uses. Within the light industry zone, no structure or land shall be used for the following uses except by conditional use permit A. manufacturing, fabrication, processing, and assembly operations conducted entirely within an enclosed building, except those involving a project that fits within one of the Mandatory EIS Categories under Minn. Rules 4410.4400; B. airports and heliports; C. vehicle repair, D. landscaping services and contractors; • E. retail sales of products manufactured, fabricated, assembled, or stored on site; F. commercial vehicle rental facilities; G. self-storage facilities; H. industrial or technical training schools; paps nv:so0 t 9% }�. 1235 4 11 .46 SEC. 11.46. HEAVY INDUSTRY ZONE (1-2). Subd. 1. Purpose. The purpose of the heavy industry zone is to provide an area for industrial uses in locations remote from residential uses and in which urban services and d adequate transportation exist. Subd. 2. Permitted Uses. Within the heavy industry zone, no structure or land shall be used except for one or more of the following uses: A. motor freight terminals; B. manufacturing,fabrication, processing,assembly and storage operations,except those involving a project that fits within one of the Mandatory EIS Categories under Minn. Rules 4410.4400; C. warehousing and wholesaling; D. commercial vehicle rental facilities; E. research laboratories, except those involving a project that fits within one of the Mandatory EIS Categories under Minn. Rules 4410.4400; F. contractors' supply yards; G. retail sales of heavy industrial, manufacturing, or construction machinery or equipment; H. agricultural uses, but limited to the growing of field crops; k= 1. utility services; J. utility service structures; K. landscaping services and contractors; L. establishments supplying goods or services to industrial users; or M. public buildings. ---0 Subd. 3. Conditional Uses. Within the heavy industry zone, no structure or land shall be used for the following uses except by conditional use permit A. manufacturing, fabrication, processing, assembly, and storage operations, and research laboratories, that fit within one of the Mandatory EIS Categories under Minn. Rules 4410.4400; B. retail sales of products manufactured, fabricated, assembled, or stored on site; C. concrete or asphalt plants; yap revised in 1496 1238 4• 11.88 SEC. 11.88. CONDITIONAL USE PERMIT STANDARDS FOR INDUSTRY ZONES. Subd. 1. Purpose. It is the intent of the City in establishing general and specific criteria for conditional uses that such uses be subject to careful evaluation to ensure that their location and design are consistent with the standards, purposes and procedures of this Chapter and the comprehensive plan, and do not have a detrimental impact on neighboring properties. The Board of Adjustment and Appeals may impose conditions on such uses in order to ensure compliance or to effect the purpose of this Chapter. Subd. 2. Soecific Standards for Industry Zones. In addition to the standards specified in Sec. 11.85 of this Chapter, no conditional use permit shall be granted in the industry zones unless the Board of Adjustment and Appeals determines that each of the following specific standards will be met: A. airports and heliports: 1. shall establish and utilize approach and departure routes over non-residential areas to the maximum extent possible; 2. shall not be located on a lot or parcel of land within 500 feet of any residential zone; and • • 3. shall have a dust free landing strip or pad. B. boathouses: 1. shall not be designed or used for human habitation; 2. shall not contain sanitary facilities; 3. shall be set back a minimum of 10 feet from the ordinary high water level; • 4. shall not occupy an area greater than 250 square feet; 5. shall be constructed or screened to reduce visibility from public waters and adjacent shorelands through the use of vegetation, topography, color, or increased setback, assuming summer leaf-on conditions; and 6. if located on shorelands adjacent to recreational development waterbodies, shall not occupy an area greater than 400 square feet. The width of the structure shall not exceed 20 feet as measured parallel to the shoreline. C. commercial vehicle rental facilities: 1. shall not wash any vehicle except within a building; 2. shall not repair or maintain any vehicle on site, except in an enclosed structure; pops nwa in 1945 1501 /! Memo To: Dennis Kraft, City Administrator From: Julie Baumann,Planner I Date: October 17, 1995 RE: Planned Unit Development: Prairie Bend Introduction The City of Shakopee is requesting the approval of a Planned Unit Development (PUD) for Prairie Bend. The subject site is located south of 4th Avenue, east of Marschall Road, and west of Shenandoah Drive. The Prairie Bend PUD was approved by Resolution No. 4048 on July 26, 1994, by the City Council (See Exhibit A). Discussion City Council adopted the new Zoning Ordinance on June 7, 1994. The Zoning Ordinance became effective for this area on November 24, 1994, with the adoption of Ordinance No. 389, An Ordinance Amending the City Code by Adopting the Zoning Map for Most of the City. As a part of the new Zoning Ordinance, a Planned Unit Development Zone is classified as an Overlay District. Therefore, existing PUD's have to be reapproved under the new Zoning Ordinance. The attached Ordinance is a housekeeping matter, which will bring the site into compliance with the Zoning Ordinance. Amendment No. 1 to the Prairie Bend PUD was approved by the City Council on December 20, 1994. (See Exhibit B). Amendment No. 2 proposes the construction of ten one level condominium buildings (a total of 40 units) on one lot. These units provide independent living arrangements for individuals 55 and over, rather than the assisted living units that were approved with the original Prairie Bend PUD. The Planning Commission recommended approval to the City Council of Amendment No. 2 to the Prairie Bend PUD , at their September 7, 1995 meeting. The attached Ordinance includes Amendments No. 1 and No. 2. Alternatives 1. Approve the Planned Unit Development. 2. Do not approve the Planned Unit Development, stating the reasons for denial. 3. Table the decision, and request additional information from the applicant and/or staff. Action Requested Offer Ordinance No. 428, An Ordinance Amending the Zoning Map By Rezoning Land Commonly Known as Prairie Bend From Urban Residential Zone (R-1B) and Multiple-Family Residential Zone (R-3)to Planned Unit Development Overlay Zone No. 5, and move its adoption. i:\planning\cc\1995\cc 1017\pudno5.doc 1 1 LL++�4 T " ' � '�'r F�• l y� w R f ^, y "r`}�t 114' VI 4; P� *k ;41'EXHIBIT A 1 RESOLUTION NO. 4048 A RESOLUTION OF THE CITY OF SHAKOPEE, MINNESOTA, APPROVING THE PRELIMINARY AND FINAL DEVELOPMENT PLANS FOR PRAIRIE BEND. WHEREAS, the Estate of Lorraine Lenzmeier is the owner of said property; and WHEREAS, the Sienna Corporation is the anticipated owner and developer of said property; and WHEREAS, the property upon which the request is being made is legally described on Exhibit B; and WHEREAS, the Planning Commission of the City of Shakopee did review the Preliminary and Final Development Plans of Prairie Bend on July 7, 1994, and has recommended its approval; and WHEREAS, all notices of the public hearing have been duly sent and posted and all persons appearing at the hearing have been given an opportunity to be heard thereon. NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, as follows: That the Preliminary and Final Development Plans of Prairie Bend, described on Exhibit B attached hereto and incorporated herein, is hereby approved subject to the following conditions: 1. All driveways and watermains shall be constructed as shown on the attached plans or in accordance with the provisions of the Uniform Fire Code, whichever is more restrictive. 2. A variance to Section 11.28, Subd. 5, be approved to reduce the minimum front yard setback in the multi-family and assisted living areas from 50 feet to 40 feet. 3. A variance to Section 11.28, Subd. 5, be approved to implement the following minimum requirements for all single family areas: Min. lot area: 9,000 ft. Min. lot width: 60 ft. Min. lot depth: 100 ft. Min. front yard: 30 ft. Min. side yard: 10 ft. Min. street side yard 20 ft. Min. rear yard: 30 ft. 4. A variance to Section 12.07 Subd. 4.G be approved to the extent that it allows the lot configurations for the multifamily and assisted living areas, provided a condition is placed on the preliminary plat that ensures adequate access to all lots. 5. All lots without public street frontage will be redrawn into multi-building lots that have sufficient street frontage to satisfy City Codes prior to the approval of the final plat for the area. 6. The developer enters into an access agreement that prohibits direct access from individual lots onto 4th Avenue and Sarazin Street except for the two (2) access points shown in the Assisted Living Development area. 7. The proposed park dedication and trail construction will be accepted in lieu of the City's standard park dedication requirements. 8. No building permits will be issued for lots that are not served with sewer and water service and a minimum of a gravel base roadway. All such improvements shall be approved by the City Engineer. 9. The developer agrees to waive the right to protest assessments for costs to construct streets, utilities and drainage crossings to serve this development. 10. All street trees and other landscaping shall be planted outside the public right-of-way unless otherwise approved by the City Engineer. 11. Any variations to the landscaping plan shall be approved by-the Planning Director. BE IT FURTHER RESOLVED, that the appropriate City Officials are hereby authorized and directed to execute said Agreement for the Prairie Bend Planned Unit Development. Passed in 94,. session of the City Council of the City of Shakopee, Minnesota, held this _ 46. day , 1994. Mayor o ' of Shakopee Attest: City Clerk Ap ved as to form: (0 -*1 City Attorney r y fy t ty • - — • EXHIBIT B -.rte RESOLUTION NO. 4142: AMENDMENT NO. 1 TO RESOLUTION NO. 4048 A RESOLUTION OF THE CITY OF SHAKOPEE, MINNESOTA, APPROVING THE PRELIMINARY AND FINAL DEVELOPMENT PLANS FOR PRAIRIE BEND. WHEREAS, Klingelhutz Development Company and the Sienna Corporation are the owners of the property originally described in Resolution 4048; and WHEREAS, on July 26, 1994, the Shakopee City Council approved the final development plan for Prairie Bend in Resolution No. 4048, and WHEREAS, this Klingelhutz Development Company has made application for an amendment to the development plans; and WHEREAS, this amendment affects only that portion of the Planned Unit Development owned by Klingelhutz Development Company and legally described as follows: Lots 2-4 of Block 1 in Prairie Bend 1st Addition; and WHEREAS, the Planning Commission of the City of Shakopee did review Amendment No. 1 on December 8, 1994, and has recommended its approval; and WHEREAS, all notices of the public hearing have been duly sent and posted and all persons appearing at the hearing have been given an opportunity to be heard thereon. NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, that Condition Number 2 of Resolution No. 4048 is hereby amended to reflect the following revised condition: 2. A variance to Section 11.28, Subd. 5, is approved to reduce the minimum front yard setback in the multi-family and assisted living areas from 50 feet to 40 feet with the exception of Lots 2-4 in Block 1 of Prairie Bend 1st Addition. Variances to Section 11.28, Subd. 5, are approved for Lots 2-4, Block 1 of Prairie Bend 1st Addition to reduce the minimum front yard setback from 50 feet to 37 feet (lot 2), 38 feet (lot 3) and 36 feet (lot 4). Paved in i.'.,..,,.iisession of the City Council of the City of Shakopee, Minnesota, held this y of A.7A1 1994. Mayor o h i Shakopee Attest: Approved as to form: . A, City Clerk 1_ALL__Ado, _�,,, City Attorney ORDINANCE NO. 428, FOURTH SERIES AN ORDINANCE OF THE CITY OF SHAKOPEE, MINNESOTA, AMENDING THE ZONING MAP ADOPTED IN CITY CODE SEC. 11.03 BY REZONING LAND COMMONLY KNOWN AS PRAIRIE BEND FROM URBAN RESIDENTIAL ZONE (R-1B) AND MULTIPLE-FAMILY RESIDENTIAL ZONE (R-3)TO PLANNED UNIT DEVELOPMENT OVERLAY ZONE NO. 5. WHEREAS,the owners of the land described on Exhibit A, commonly known as Prairie Bend, submitted an application requesting rezoning from R-4, Multi-Family Residential (Mandatory PUD)to Planned Unit Development; and WHEREAS, notices were duly sent and posted, and a public hearing was held on July 7, 1994, at which time all persons present were given an opportunity to be heard; and WHEREAS,the Planning Commission voted to recommend approval of the rezoning request to the City Council; and WHEREAS, on July 26, 1994, the Shakopee City Council approved the final development plan for Prairie Bend in Resolution No. 4048; and WHEREAS, on November 24, 1994, the City Council adopted Ordinance No. 389, remapping the land described on Exhibit A, which in turn made the new Zoning Ordinance effective for that land, and rezoned the land from R-4 to R-1B and R-3; and WHEREAS, the Planning Commission of the City of Shakopee held a public hearing and considered Amendment No. 1 to the Planned Unit Development on December 8, 1994, and has recommended its approval; and WHEREAS, on December 20, 1994,the City Council approved Amendment No. 1; and WHEREAS, on August 3, 1995, the Planning Commission held a public hearing and considered Amendment No. 2; and WHEREAS, on September 7, 1995, the Planning Commission recommended approval of Amendment No. 2; and WHEREAS, it is appropriate to incorporate the original PUD and the two amendments into one ordinance at this time. THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, ORDAINS: Section 1 - That the zoning map adopted in City Code Sec. 11.03 is hereby amended by rezoning land described on Exhibit A, commonly known as Prairie Bend, from Urban Residential Zone (R-1B) and Multiple-Family Residential Zone(R-3)to Planned Unit Development Overlay Zone No. 5. Section 2 - That all provisions of City Code Chapter 11,Zoning, shall apply to this zone, except as modified below. 1. The following variances are approved: A. A variance to Section 11.34, Subd. 5, is approved to reduce the minimum front yard setback in the multiple-family and senior areas from 50 feet to 40 feet with the exception of Lots 2-4 in Block 1 of Prairie Bend 1st Addition. Specifically, variances to Section 11.34, Subd. 5, are approved for Lots 2-4, BIock 1, of Prairie Bend 1st Addition to reduce the minimum front yard setback from 50 feet to 37 feet on lot 2, 38 feet on lot 3, and 36 feet on lot 4. B. A variance to Section 12.07 Subd. 4.G is approved to the extent that it allows the lot configurations for the multiple-family and senior areas,provided a condition is placed on the preliminary plat that ensures adequate access to all lots. 2. A. All driveways and watermains shall be constructed as shown on the approved plans or in accordance with the provisions of the Uniform Fire Code,whichever is more restrictive. B. The attached plans and amendments are approved. 3. The following procedural actions must be taken: A. A Development Agreement stating the conditions of approval of the PUD must be filed with the Scott County Recorder. B. The developer shall enter into an access agreement that prohibits direct access from individual lots onto 4th Avenue and Sarazin Street except for two (2) access points approved by the City Engineer. C. The proposed park dedication and trail construction will be accepted in lieu of the City's standard park dedication requirements. D. No building permits will be issued for lots that are not served with sewer and water service and a minimum of a gravel base roadway. All such improvements shall be approved by the City Engineer. 2 E. The developer agrees to waive the right to protest assessments for costs to construct streets, utilities and drainage crossings to serve this development. F. All street trees and other landscaping shall be planted outside the public right-of- way unless otherwise approved by the City Engineer. G. Any variations to the landscaping plan shall be approved by the Planning Director. 4. The Mayor and City Clerk are hereby authorized and directed to execute the Development Agreement for the Planned Unit Development. Section 3 - Effective Date. This ordinance becomes effective from and after its passage and publication. Passed in session of the City Council of the City of Shakopee, Minnesota,held this day of , 1995. Mayor of the City of Shakopee Attest: City Clerk Approved as to form: City Attorney Published in the Shakopee Valley News on the day of , 1995. [29PBEND.DOC] 3 EXHIBIT A Prairie Rend 1st Adel i t i nn 4 Memo To: Dennis Kraft, City Administrator From: Terrie A. Thurmer, Assistant City Planner - Date: October 11, 1995 RE: Amendment to the Zoning Map - Rezone property from Highway Business (B-1) to Major Recreation (MR). Introduction Cedar Fair Limited Partnership (Valleyfair) is requesting that the City amend the Official Zoning Map to rezone a 22.73 acre site currently zoned as Highway Business (B-1) to Major Recreation (MR). A copy of the October 5, 1995, Planning Commission staff report has been attached for your reference. Discussion The purpose of the Major Recreation Zone is to require the planning of entire land ownerships as a unit rather than permit piecemeal or scattered small developments. Since the original Valleyfair site is zoned MR, and the subject site has recently been acquired by the owners of Valleyfair, the site should be zoned to MR. Alternatives 1. Amend the Zoning Map to rezone the subject site from Highway Business (B-1) to Major Recreation (MR). 2. Do not amend the Zoning Map. 3. Table the decision and request additional information from the applicant or staff. Planning Commission Recommendation The Planning Commission recommends Alternative No. 1 Action Requested Offer Ordinance No. 431 , an Ordinance of the City of Shakopee Amending the Official Zoning Map to Rezone Lots 1, 2, and 3, Block 1, Prairie House 2nd Addition, from Highway Business (B-1) to Major Recreation (MR), and move its approval. i:lplanning1cc119951cc1017\rezvalfa.doc 1 Memo To: Shakopee Planning Commission From: Terrie A. Thurmer, Assistant City Planne . • Meeting Date: October 5, 1995 Re: Amendment to the Zoning Map- Rezone property from Highway Business (B-1) to Major Recreation (MR). Site Information Applicant: Cedar Fair Limited Partnership (Valleyfair) Address: One Valleyfair Drive Site Location: Lots 1, 2, and 3, Block 1, Prairie House 2nd Addition Current Zoning: Highway Business/Floodplain District(See Exhibit A) Adjacent Zoning: North: Ag Agricultural South: B-1 Highway Business East: Ag Agricultural West: MR Major Recreation Comp. Plan: 1980: Park Draft 1995: Commercial Area: 22.73 acres MUSA: The site is within the MUSA and can be served by municipal utilities. Introduction The applicant is requesting that the City amend the Official Zoning Map to rezone a 22.73 acre site currently zoned as Highway Business(B-1)to Major Recreation(MR). Background In December of 1985, the City of Shakopee approved the Final Plat for Prairie House 1st Addition, located immediately to the east of Valleyfair, along TH 101. Following approval of the recording of the plat, the City constructed a frontage road along the southern portion of the plat, within Outlot C, Prairie House 1st Addition. In 1987, the City approved a Minor Subdivision to allow for the sale of the northern portion (12.: acres) of Outlot A, Prairie House 1st Addition,to the U.S. Fish and Wildlife Service to be retained as public land in its natural state. The City approved the Minor Subdivision contingent upon its being combined with Outlot D, which is also owned by the U.S. Fish and Wildlife Service. Since this portion of Outlot A no longer has access to a public right-of-way, or sewer and water service, the City Code prohibits issuing any Building Permits for this outlot 1 In January of 1988, the City approved the Final Plat for Prairie House 2nd Addition, which was a replat of Lots 1 and 2, Block 1, and the southern portion of Outlot A, Prairie House 1st Addition. It is also the site being proposed for rezoning from B-1 to MR. Exhibits are attached as follows: Exhibit A, Zoning Map; Exhibit B, Cover Letter, Exhibit C, Portion of the Section Map showing property ownership; Exhibit D, City Code Section 11.36, Highway Business Zone (B-1) regulations; Exhibit E, City Code Section 11.42, Major Recreation Zone (MR) regulations; and Exhibit F, Existing and Proposed Zoning Maps. Considerations 1. The Comprehensive Plan has set basic policies to guide the development of the City. The purpose of designating different areas for residential, commercial and residential land uses is to promote the location of compatible land uses, as well as to prevent incompatible land uses from being located in close proximity to one another. The Zoning Ordinance is one of the legal means by which the City implements the Comprehensive Plan. Exhibits D and E provide a list of the uses, both permitted and conditional, that are allowed in the Highway Business(B-1) and Major Recreation (MR)Zones. 2. The Transportation Section of the draft 1995 Comprehensive Plan has designated TH 101 as a Principal Arterial. This roadway classification provides traffic movement with minimal direct access. A Major Arterial within the rural area has the capacity to carry 1,000 to 10,000 vehicles per day. 3. The Land Use Chapter of the 1980 Comprehensive Plan designated this area as "Park". However, this portion of the draft 1995 Comprehensive Plan designated the site as "Entertainment". The rezoning of the site to "Major Recreation", as requested by the applicant,will be in conformance with the draft 1995 Comprehensive Plan. 4. The purpose of the Major Recreation Zone is to create a high quality environment for large amusement and recreation attractions with a regional draw, with a high degree of land use compatibility and street efficiency. It is further the intent of the zone to protect the existing landscape features, to preserve open space, to sensitively integrate development with the natural landscape, and to require the planning of entire land ownerships as a unit rather than permit piecemeal or scattered small developments. 5. All departments and the applicable reviewing agencies have recommended approval of this request, and staff has not received any opposition. Findings The criteria required for the granting of a Zoning Ordinance Amendment are listed below with staff findings. Criteria#1 That the original Zoning Ordinance is in error; 2 Finding #1 The original Zoning Ordinance is not in error. The intent of the Major Recreation Zone is to require the planning of entire land ownerships as a unit Since the original Valleyfair site is zoned MR, and the subject site has recently been acquired by the owners of Valleyfair, the site should be zoned to MR. Criteria#2 That significant changes in community goals and policies have taken place; Finding #2 The goals and policies within the City of Shakopee have changed. On June 7, 1994, the City Council adopted the new Zoning Ordinance text which deleted the Racetrack District, but created a new zoning district, the Major Recreation(MR) Zone. The intent of this Zone is for land intended to be used for entertainment purposes that had previously been zoned either Racetrack District(such as Canterbury Downs), or Heavy Industrial (such as Valleyfair). Criteria#3 That significant changes in City-wide or neighborhood development patterns have occurred; or Finding #3 Valleyfair has acquired this piece for expansion of their existing Major Recreation Use. Therefore, to integrate this site with the existing amusement park, the site should be rezoned to Major Recreation. Criteria#4 That the comprehensive plan requires a different provision. Finding #4 The Comprehensive Plan has identified this area for commercial uses. Alternatives 1. Recommend that the City Council approve the request for the amendment to the Zoning Map. 2. Recommend that the City Council deny the request for the amendment to the Zoning Map. 3. Continue the public hearing and request additional information from the applicant or staff. Staff Recommendation Staff recommends the approval of this request for an Amendment to the Zoning Map. Action Requested Offer a motion to recommend to the City Council the approval of the request to rezone the subject site to"Major Recreation", and move its approval. Vplanningboaa-pck1995#1005Vezvfair doc 3 EXIIIBIT A I. % 1 •G ; BLUE , I' i LAKE MR F lip :_mia j, -----------------------__ SUBJECT SJ[TE > B 1AG I72 V :2'$viii'•z y+.�.. I ,moibitft„ igiglik ::.;^;i lea, Oat '`'� 12 �" B 1 121 i MR �� f1.41°1 4- apt S ►LAa • .PI —J NW • ♦jl I. i AG AGR CU- i �r URE i1 crzti E1 RR RU°.'._ °=SID'7^-!.'L 11 1 l 1 R1A LO'�� DENSITY R=S'DE'.T..-._ CI I R1 B URB .N RESIDENT: L 11ill. i I RIC OLD SHA^.KO?EE RESID=N.T-. _ `�" DEAN ,�i 1 R2 MEDIUM DENS;Th' RES'DENTL C�(N�A�l I R3 MULTI?LE FA%-:,_Y RES.DNT:AL - CJ \AK_ G 1 I B1 HIGHWAY BUSINESS F A / I-1 B2 OFFICE BUSINESS A - 1 1 B3 CENTRAL BUSINESS 11 • 1 I 11 LIGHT INDUSTR'AL If AG D 12 HEAVY INDUSTRAL II i AG 1 0 MR MAJOR RECREATION '42 ________ [ I S SHOREL A';D z 1 ;1 AG I, z..-1 F FLOODPLAIN DISTRICT RR___ • Zoning ViNING 01ER� . • City of SHAKOPEE J EXHIBIT B REc yit , s September 11, 1995 lip i etc Planning Commission City of Shakopee 129 South Holmes Street Shakopee, Minnesota 55379 Attention: Zoning Administrator Re: Lots 1, 2 and 3, Block 1, Prairie House 2nd Addition ("Property") Rezoning from Highway Business Zone (B-1) to Major Recreation (MR) Gentlemen and Mesdames: The undersigned, Cedar Fair Limited Partnership ("Cedar Fair"), the owner of the Property, hereby submits its application to rezone the Property from Highway Business to Major Recreation. Simultaneously with the submission of this letter, Cedar Fair is applying to the City to conduct Concept Plan review for a Planned Unit Development ("PUD") for the Property. Such request for a PUD will comply with the City's objective to encompass Major Recreation zoning with a PUD. The Property contains approximately 22.73 acres and was acquired to meet the growing needs for additional parking, employee housing, support facilities, motel/restaurant and similar uses. It is the logical and best use for the Property and is in strict compliance with the Comprehensive Plan which designates the Property for "Entertainment" uses. With the possible exception of criteria A ("the original zoning ordinance is in error") all criteria set forth in City Code Section 11.83 are satisfied by the proposed rezoning: B. There have been significant changes in the community goals and policies, in that the City contains two major entertainment complexes and seeks to encourage orderly operation of such complexes; C. There have been significant changes in the City-wide neighborhood development patterns due to the construction of the Highway 101 Bypass making the Property less suitable for Highway Business uses and more suitable for entertainment purposes. D. the Comprehensive Plan designates the Property for Entertainment use, and the proposed rezoning will directly conform to such designation. IFCEI V E D • SEP 1 1 1995 Planning Commission City of Shakopee September 11, 1995 Page Two There are no wetlands on the Property and there will be no adverse impact on adjoining properties. All necessary roadways and utilities are constructed and operational. The utilization of the Property by Cedar Fair is the logical and best use for the Property. Rezoning the Property to the Major Recreation Zone and subjecting it to a PUD will place all of the Cedar Fair property in the same, proper zoning classification established by the City's new Zoning Ordinance. We respectfully request that you process the Application. CEDAR FAIR LIMITED PARTNERSHIP By Cedar Fair Management Company By 7 % % --I—r —. . -__ I W i It Y � i 1-4 I -43� 1 y s �v H I r I 1 W IA YTS I i I _ N Fl N _ l 2 • Q _1asW 0 'a z 0 y i ..��—, o It Z o a 1 :,*8 a co - :c a 00 E i iL. N cN = N 0. D -a N O i _ -_ _.- .Ly' _ ,0 :C W E r • ` .a `-W . 4. a s .y m 0 Q LT 0 IstS D- I U) . , 2i . N S: / . y :: W >, 0,..,.. To f /'i t. I / .,... k. CI aQ 4- i?.. � w• • / • IO,IrM- as Q. % J ./7"--------.3/ . t cr I ., v a If Q r s • a. a '-'...c" u Q co • I,, a J • N • . • EXHIBIT D § 11.36 SEC. 11.36. HIGHWAY BUSINESS ZONE (B-1). Subd. 1. Purpose. The purpose of the highway business zone is to provide an area for business uses fronting on or with immediate access to arterial and collector streets. Subd. 2. Permitted Uses. Within the highway business zone, no structure or land shall be used except for cne or more of the following uses: A. motels and hotels; B. restaurants, class I; C. retail establishments; D. utility services; E. administrative, executive and professional offices; F. financial institutions; G. medical or dental clinics; or H. public buildings. Subd. 3. Conditional Uses. Within the highway business zone, no structure or land shall be used for the following uses except by conditional use permit A. taverns; B. churches; C. animal hospitals and veterinary clinics; D. open sales lots or any use having exterior storage of goods for sale; E. gas stations; • F. restaurants, class II; G. private lodges and clubs; H. commercial recreation, major or minor, I. bed and breakfast inns; J. uses having a drive-up or drive-through window; K. vehicle sales, service, or repair, including general repair, rebuilding or reconditioning of engines or vehicles, including body work, frame work and major painting service, page cerium!in 199i 1171 § 11 .36 replacement of any part or repair of any part, incidental body and fender work, painting or upholstering; L. car washes; M. hospitals; N. theaters; 0. funeral homes; P. utility service structures; Q. day care facilities; R. relocated structures; S. structures over 35 feet in height; T. developments containing more than one principal structure per lot; or U. other uses similar to those permitted in this subdivision, as determined by the Board of Adjustment and Appeals. Subd. 4. Permitted Accessory Uses. Within the highway business zone the following uses shall be permitted accessory uses: A. any incidental repair or processing necessary to conduct a permitted principal use; B. parking and loading spaces; C. temporary construction buildings; D. decorative landscape features; or E. other accessory uses customarily appurtenant to a permitted use, as determined by the Zoning Administrator. Subd. 5. Design Standards. Within the highway business zone, no land shall be used, and no structure shall be constructed or used, except in conformance with the following minimum requirements: A. Density: minimum lot area: (new lots): one acre (existing lots): 8,000 square feet maximum floor area ratio: .50 B. Maximum impervious surface percentage: 75% page mewl a 1995 1172 • § 11.37 C. Lot specifications: minimum lot width: (new lots): 100 feet (existing lots): 60 feet minimum front yard setback: 30 feet minimum side yard setback: 20 feet minimum rear yard setback: 30 feet minimum side or rear yard setback from residential zones: 75 feet D. Maximum height: 35 feet without a conditional use permit. (Ord. 31, October 25, 1979; Ord. 150, October 4, 1984; Ord. 158, January 31. 1985; Ord. 159, February 28, 1985; Ord. 246, June 17, 1988; Ord. 264, May 26, 1989; Ord. 275, September 22, 1989; Ord. 279, December 1, 1989; Ord. 292, September 7, 1990; Ord. 320, October 31, 1991; Ord. 377, July 7, 1994) SEC. 11.37. Reserved. pogo nrw«f in MS 1173 11 .42 EXHIBIT E SEC. 11.42. MAJOR RECREATION ZONE (MR). Subd. 1. Purpose. The purpose of the major recreation zone is to create a high quality environment for large amusement and recreation attractions with a regional draw, with a high degree of land use compatibility and street efficiency. It is further the intent of the zone to protect existing landscape features, to preserve open space, to sensitively integrate development with the natural landscape, and to require the planning of entire land ownerships as a unit rather than permit piecemeal or scattered small developments. Subd. 2. Permitted Uses. Within the major recreation zone, no structure or land shall be used except for one or more of the following uses: A. public recreation; B. restaurants, class I; C. public buildings; or D. utility services. Subd. 3. Conditional or Planned Unit Development Uses. Within the major recreation zone, no structure or land shall be used for the following uses except by conditional use permit or planned unit development: • A. commercial recreation, major or minor. B. restaurants, class Il; C. hotels, motels and conference centers; D. horse care uses Including boarding, training, showing. grooming and veterinary clinic facilities; E. retail uses and entertainment facilities; F. administrative, executive, and professional offices; G. health and athletic facilities; H. private lodges and clubs; I. uses having a drive-up or drive-through window; J. utility service structures; K. day care facilities; L. relocated structures; M. structures over the height allowed based on their setback; pops n•b.a ri 1993 1194 5 11.42 N. developments containing more than one principal structure per lot; or • O. other uses similar to those permitted in this subdivision, as determined by the Board of Adjustment and Appeals. Subd. 4. Permitted Accessory Uses. Within the major recreation zone, the following uses shall be permitted accessory uses: A. parking and loading spaces; B. temporary construction buildings; C. decorative landscape features; or D. other accessory uses customarily appurtenant to a permitted use, as determined by the Zoning Administrator. Subd. 5. Design Standards. Within the major recreation zone, no land shall be used, and no structure shall be constructed or used, except in conformance with the following minimum requirements: A. Density: minimum lot area: Ten acres. B. Maximum impervious surface percentage: 80%. C. Lot specifications: minimum lot width: 300 feet minimum front yard setback one-half of that structure's height or 50 feet,whichever is greater minimum side yard setback one-half of that structure's height or 25 feet, whichever is greater minimum rear yard setback one-half of that structure's height or 30 feet, whichever is greater minimum rear yard setback from residential zones: one-half of that structure's height or 50 feet, whichever is greater - D. Minimum access spacing: County Roads 83 and 16: No access is allowed other than to public and private streets with a minimum spacing of 600 feet. Shenandoah Drive and any continuation thereof to and including Secretariat Drive; and Fourth Avenue: Street and driveway access points must be separated by a minimum of 300 feet. (Ord. 204, July 31, 1986; Ord. 264, May 26, 1989; Ord. 328, January 30, 1992; Ord. 342, October 29, 1992; Ord. 377, July 7. 1994) papa sodnt993 1195 EXHIBIT E EXISTING ZONING A A G BLUE Y LAKE MR4ippot , i B1 AG 12 / 12 '4 ,' ' B 1 � ova _ 41 ?.. VII pill! . ii - - - PROPOSED ZONING BLUE LAKE MR 1 1 B1 AG 12 vim,. �—`_, MR 4_ 7 NA Pa _ z at� 12 "'�'' B 1 = k ORDINANCE NO. 431 , FOURTH SERIES AN ORDINANCE OF THE CITY OF SHAKOPEE, MINNESOTA, AMENDING THE ZONING MAP ADOPTED IN CITY CODE SEC. 11 . 03 BY REZONING LAND BETWEEN VALLEYFAIR AND THE BLUE LAKE TREATMENT PLANT, NORTH OF HIGHWAY 101, FROM HIGHWAY BUSINESS (B-1) TO MAJOR RECREATION (MR) . WHEREAS, the owners of the land Lots 1, 2, and 3 , Block 1, Prairie House 2nd Addition, which is located between ValleyFair and the Blue Lake Treatment Plant, submitted an application requesting rezoning from Highway Business (B-i) to Major Recreation (MR) ; and WHEREAS, notices were duly sent and posted, and a public hearing was held on October 5, 1995, at which time all persons present were given an opportunity to be heard; and WHEREAS, the Planning Commission voted to recommend approval of the rezoning request to the City Council . THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, ORDAINS : Section 1 - That the zoning map adopted in City Code Sec . 11 . 03 is hereby amended by rezoning land described as Lots 1, 2, and 3 , Block 1, Prairie House 2nd Addition, from Highway Business (B-1) to Major Recreation (MR) . Section 2 - Effective Date. This ordinance becomes effective from and after its passage and publication. Passed in session of the City Council of the City of Shakopee, Minnesota, held this day of , 1995 . Mayor of the City of Shakopee Attest : City Clerk Approved as to form: City Attorney Published in the Shakopee Valley News on the day of , 1995 . [12 PLNORD] /2 CONSENT Memo To: Dennis Kraft, City Administrator From: Terrie A. Thurmer, Assistant City Planner Date: October 11, 1995 Re: Vacation of the portion of the Spencer Street Right-of-Way, Located North of TH 101 and South of the Southerly Right-of-Way Line of the Alley in Blocks 1 and 2, Original Shakopee Plat. Introduction In January of this year, Mr. Wallace Perry submitted a petition to vacate the portion of the Spencer Street right-of-way located north of TH 101 and south of the southerly right-of-way line of the alley in Blocks 1 and 2, Original Shakopee Plat. The City Council tabled the decision to the October 17th meeting to allow additional information to be submitted by the applicant. Discussion Staff has been working with the applicant to determine the amount of right-of-way that the City could vacate for the proposed retaining wall. The applicant has informed staff that he will be submitting a survey in the near future to assist staff in making its recommendation to the City Council. Staff Recommendation Staff recommends that the City Council table the decision until after the survey has been submitted by Mr. Perry. Action Requested 1. Remove the vacation of Spencer Street from the table. 2. Table the vacation of Spencer Street north of TH-101 until the next City Council meeting following the date that the survey is submitted by Mr. Perry. i:\planning\cc\1995\cc1017\vacspene.doc /Q. 6. CONSENT Memo To: Dennis Kraft, City Administrator From: Terrie A. Thurmer, Assistant City Planner Date: October 17, 1995 Re: Landscaping Requirements The staff recommendation for the above mentioned item was inadvertently omitted from the memo in the City Council Agenda Packets. The recommendation is as follows: Alternatives 1. Direct staff to prepare an amendment to City Code Section 11.60, Subd. 8, to reduce the Landscaping Requirements. 2. Do not direct staff to prepare an amendment to City Code Section 11.60, Subd. 8, to reduce the Landscaping Requirements. 3. Table the decision, and request additional information from staff. Staff Recommendation Staff recommends Alternative No. 1. Action Requested Offer a motion to initiate the recommended alternative, and move its approval. i:\planning\cc\1995\cc1017\landscap.doc 2 l .. CONSENT Memo To: Dennis Kraft, City Administrator From: Terrie A. Thurmer, Assistant City Planne4 Date: October 3, 1995 ��`"' Re: Landscaping Requirements Introduction Recently, City staff received an inquiry regarding the construction of an 80,000 square foot warehouse and the amount and type of landscaping that would be required. Discussion The landscaping requirements for an 80,000 square foot warehouse have been provided below: First 10,000 square feet (10 x 5 units) 50 units Between 10,000 to 50,000 square feet (40 x 3 units) 120 units Between 50,000 and 80,000 square feet (30 x 1 unit) 30 units Total Landscaping Units Required 200 units One unit of landscaping is equal to one of the following. Please note that not more than 50% of the required landscaping units may be composed of shrubbery: 1. 2"diameter overstory deciduous tree; 3. 6'tall coniferous tree; or a 2. 1-1/2"diameter ornamental tree; 4. 5 gallon shrubbery. Prior to the recent update of the Zoning Ordinance, the City Code required only one major deciduous tree to be planted every 50 feet along the public boulevards. In this specific case, the applicant would have only been required to install 22 major deciduous trees. (1,056 linear feet of frontage divided by 50 feet is 21.12 trees.) Two-hundred units of landscaping for an 80,000 square foot warehouse may be an excessive standard. Unless the City Council indicates a desire to retain current landscaping standards, staff intends to begin looking into amending this section with intent to reduce the standards. Alternatives 1. Direct staff to prepare an amendment to City Code Section 11.60, Subd. 8, to reduce the Landscaping Requirements. 2. Do not direct staff to prepare an amendment to City Code Section 11.60, Subd. 8, to reduce the Landscaping Requirements. 3. Table the decision, and request additional information from staff. Action Requested Offer a motion to initiate the recommended alternative, and move its approval. i s\planning\cc\1995\cc 1017\landscap.doc 1 CONSENT Attached is a print out showing the division budget status for 1995 based on data entered as of 10/12/95. Legal is running ahead of budget due to the BIA issue. CITY OF SHAKOPEE EXPENSES BY DEPARTMENT 10/12/95 CURRENT YEAR ANNUAL MONTH TO PERCENT DEPT DEPT NAME BUDGET ACTUAL DATE EXPENDED 11 MAYOR & COUNCIL 69,450 64 49,682 72 12 CITY ADMINISTRATOR 224,985 5,976 141,513 63 13 CITY CLERK 122,470 4,071 91,719 75 15 FINANCE 303,390 9,455 230,151 76 16 LEGAL COUNSEL 212,090 10,408 184,947 87 17 PLANNING 464,430 11,316 287,845 62 18 GENERAL GOVERNMENT BUILDINGS 148,120 7,216 104,967 71 31 POLICE 1,495,760 50,438 1,116,606 75 32 FIRE 410,240 19,104 228,682 56 33 INSPECTION-BLDG-PLMBG-HTG 197,780 5,891 142,068 72 41 ENGINEERING 357,100 11,809 247,023 69 42 STREET MAINTENANCE 784,180 72,572 451,169 58 44 SHOP 112,120 4,901 75,662 67 46 PARK MAINTENANCE 292,420 26,385 234,256 80 61 POOL 136,580 5,399 91,317 67 64 RECREATION 239,580 7,204 182,668 76 91 UNALLOCATED 128,270 3,307 27,189 21 TOTAL GENERAL FUND 5,698,965 255,516 3,887,464 68 17 PLANNING 467,160 474 235,025 50 TOTAL TRANSIT 467,160 474 235,025 50 19 BDA 119,080 5,180 65,452 55 TOTAL EDA 119,080 5,180 65,452 55 st======em aseeeeeee axe r4• al x a a a a s a a a a a a a a A H H H H H H H H H H H H H H a C4 w 9 o � 0 z N in C.) 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PC1 CZI rsoMtti gte tr4 Vel 41gtl 41 12 ,31 MEMO TO: Dennis R. Kraft, City Administrator FROM: David M.Nummer, Staff Engineer Z)M J SUBJECT: Millpond Treatment Basin Plan Approval, Project No. 1995-7 DATE: October 12, 1995 COUNCIL MEETING DATE: October 17, 1995 INTRODUCTION: Attached is Resolution No. 4322, a resolution approving plans and specifications and ordering advertisement for bids for the Mill Pond Treatment Basin, Project No. 1995-7. BACKGROUND: On February 21, 1995, the City Council ordered the improvement of the Mill Pond area and the preparation of plans and specifications for the project. This project involves excavating a water quality settlement basin in the Mill Pond area on the north side of the Trunk Highway 101 bridge and rebuilding the outlet control where the Mill Pond discharges into the Minnesota River. These improvements are being funded in part($100,000)by the Metropolitan Council on a water quality initiative grant. The entire project cost is estimated at$135,000. The City Council authorized Orr-Schelen-Mayeron & Assoc. (OSM) to complete the plans and specifications for this project. This work has been completed and the plans are available for Council review in the City Engineer's office. The design of the Mill Pond outlet structure was coordinated with Murphy's Landing, who would like to restore the original mill which is located adjacent to the outfall into the Minnesota River. The outfall has been designed to accommodate future renovation of this structure. Staff is requesting approval of the plans and permission to advertise for bids for this project. Staff anticipates the bidding process would take 4-5 weeks and construction could begin in December. The majority of the work on this project involves excavation of the pond bottom, which is most easily accomplished during the winter months when the site is more accessible to heavy equipment. ALTERNATIVES: 1. Adopt Resolution No. 4322. h:\council\mem4322.mo 2. Deny Resolution No. 4322. 3. Table for additional information from staff. RECOMMENDATION: Staff recommends Alternative No. 1,to adopt Resolution No. 4322. ACTION REQUESTED Offer Resolution No. 4322, A Resolution Approving Plans and Specifications and Ordering Advertisement for Bids for the Mill Pond Treatment Basin, Project No. 1995-7, and move its adoption. h:\council\mem4322.mo RESOLUTION NO. 4322 A Resolution Approving Plans And Specifications And Ordering Advertisement For Bids For The Mill Pond Treatment Basin Project No. 1995-7 WHEREAS, pursuant to Resolution No. 4180 adopted by City Council on February 21, 1995, Bruce Loney, Public Works Director has prepared plans and specifications for the improvement of the Millpond Treatment Basin by construction of a water quality settlement basin and reconstruction of the Millpond output into the Minneosta River and has presented such plans and specifications to the Council for approval. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE,MINNESOTA: 1. Such plans and specifications, a copy of which is on file and of record in the Office of the City Engineer,are hereby approved. 2. The City Clerk shall prepare and cause to be inserted in the official paper and in the Construction Bulletin an advertisement for bids upon the making of such improvement under such approved plans and specifications. The Advertisement for Bids shall be published as required by law. Adopted in session of the City Council of the City of Shakopee,Minnesota,held this day of , 1995. Mayor of the City of Shakopee ATTEST: City Clerk Approved as to form: City Attorney n n r ^� r' r\ r'"._ CO t \.1 _,) L.. 'd \.i i / ,I2 f2) MEMO TO: Dennis R. Kraft, City Administrator FROM: Bruce Loney, Public Works Director SUBJECT: Hiring of Maintenance Worker 6l/+ J DATE: October 11, 1995 COUNCIL MEETING DATE: October 17, 1995 INTRODUCTION: Interviews have been held with candidates for the Maintenance Worker position which was authorized by Council at the August 15, 1995 meeting. At this time I am recommending that the City Council authorize the hiring of David Rutt to fill this position. BACKGROUND: Mr. Rutt is currently self employed with his company of Doorworks which sells and repairs doors. Previously to this, he has considerable experience in operating equipment for construction companies and is a member of the Equipment Operators 49 Union. He has a total of five years plus as an equipment operator prior to his self employment business operation. I am recommending that Mr. Rutt be hired at Step 1 of the 1995 Pay Plan for the Maintenance Worker position which has a starting salary of $12.285 per hour. RECOMMENDATION: It is recommended that the City Council authorize the hiring of David Rutt for the position of Maintenance Worker. ACTION REQUESTED: Move to authorize the appropriate City officials to hire David J. Rutt as a Maintenance Worker and to be hired at Step I of the 1995 Pay Plan with an effective date of October 30, 1995. BL/pmp HIRE a MEMO TO: Dennis R. Kraft, City Administrator FROM: Barry A. Stock,Assistant City Administrator RE: Recreation Superintendent Position Appointment DATE: October 17, 1995 INTRODUCTION: The interview process has been completed for the Recreation Superintendent position. Staff is recommending that the position be filled at this time. BACKGROUND: In early August, City Council authorized staff to initiate the selection and recruitment process for the Recreation Superintendent position. The Recreation Superintendent position is a new position that is being created as a result of the new Civic Center facility. It is being proposed that the Recreation Department staff be relocated from the City Hall facility to the new Civic Center. The Recreation Superintendent will be responsible for administering and directing the activities and operations associated with the Civic Center facility and Recreation Department. The Assistant City Administrator/Community Services Director's office will remain in City Hall. This being the case, it is imperative that an individual be placed on board that has knowledge and experience relating to the operation and management of a multi-purpose facility and ice arena. During the week of October 9th,the City Administrator,Assistant City Administrator and Public Works Director interviewed five candidates for the position. The interview team has unanimously endorsed the selection of Ron Stellmaker for appointment to the position of Recreation Superintendent. Mr. Stellmaker is currently the General Manager of the Eagan Athletic Club. In this capacity, Mr. Stellmaker is responsible for the operation and maintenance of a 55,000 sq. ft. facility including managing nine full time managers and 87 part-time employees. Mr. Stellmaker currently oversees and maintains a$1.6 million annual budget and is responsible for overseeing the service of over 3,000 members. Mr. Stellmaker also has previous experience in managing several tennis clubs and has worked with the Lester Park Hockey Association in Duluth where he oversaw on a volunteer basis the maintenance and scheduling of a two rink indoor facility. Staff is recommending that City Council authorize the appointment of Mr. Ronald Stellmaker to the position of Recreation Superintendent at Step 2 of the 1995 Pay Plan ($38,851.00) with an effective hiring date of November 6, 1995. Mr. Stellmaker's employment would be contingent upon meeting the standard physical and drug testing requirements. In a related matter, the application deadline for the Assistant Facility Manager/Recreation Programmer position is Friday, October 20, 1995. Staff anticipates that interviews for this position will be held during the week of November 6th. If Mr. Stellmaker's hiring is approved,he will be involved with the Assistant Facility Manager/Recreation Programmer interview process. Staff anticipates that the recommendation regarding the filling of the Assistant Facility Manager/Recreation Programmer position will take place on November 21, 1995. Upon filling the Assistant Facility Manager/Recreation Programmer position, staff will be recommending that the current Recreation Supervisor position be terminated consistent with the provisions setforth in the City's Personnel Policy. (30 day notice) ALTERNATIVES: 1. Move to approve the appointment of Ronald Stellmaker to the position of Recreation Superintendent at Step 2 of the 1995 Pay Plan with an effective hiring date of November 6, 1995. 2. Do not fill the Recreation Superintendent position at this time. 3. Table action pending further information from staff. STAFF RECOMMENDATION: Staff recommends alternative#1. ACTION REQUESTED: Move to approve the appointment of Ronald Stellmaker to the position of Recreation Superintendent at Step 2 of the 1995 Pay Plan with an effective hiring date of November 6, 1995. / a3 MEMORANDUM TO: Dennis R. Kraft, City Administrator FROM: Judith S. Cox, City Clerk SUBJECT: City Taxes - discussion DATE: October 13, 1995 The attached information is being provided to City Council at the request of Councilor Sweeney for discussion. CU w ac IO 0 0 0 0 x i CD Co co at co et th et F ' 0F_ _ z, 00a) v- a-- Q, — 4i. 11 il i: iE (i) t a)m :::M U a! ' '• . : ''''.:. ' ' :' . : ' . : '.'.. .: .'... ..' .- ''' ''I'.. .. il:::::•:.:-. 1.. ..:.: 1::.i..:1::!:. 4 ..:."i:::,'"•''.!..i... ....iii.:•.::.:iiii:::::."....iiiiii..;.;:i o c o 0It) 0 0 o Of o 0 0 U) 0 0 It) 0 It) M M a6Ue in N N �- , yo a6e)ua3aad Change in Tax as a percent of 1990/91 Change in 95/96 EMV $ 81,600 $ 94,400 $104,600 $143,900 $ 174,500 CPI City Tax Rate 1991/92 1.041% -2.179% -1.088% -4.142% -6.393% 3.000% 2.361% 1992/93 24.006% 25.815% 19.791% 19.690% 21.715% 6.900% 20.217% 1993/94 19.347% 21.088% 15.290% 15.194% 17.142% 8.850% 15.701% 1994/95 26.601% 26.642% 19.802% 17.798% 19.111% 12.010% 7.765% 1995/96 28.580% 27.429% 19.696% 16.301% 17.143% 15.490% -1.591% Change in Tax Capacity in $ 1991 EMV $ 68,900 $ 79,100 $ 90,400 $120,200 $ 136,900 Change in 95/96 EMV $ 81,600 $ 94,400 $104,600 $143,900 $ 174,500 CPI City Tax Rate 1991/92 689 862 1,090 1,710 2,128 3.000% 2.361% 1992/93 720 944 1,124 1,818 2,356 6.900% 20.217% 1993/94 720 944 1,124 1,818 2,356 8.850% 15.701% 1994/95 820 1,060 1,254 1,996 2,572 12.010% 7.765% 1995/96 912 1,168 1,372 2,158 2,770 15.490% -1.591% Percentage Change Year to Year Change in $ 81,600 $ 94,400 $104,600 $143,900 $ 174,500 CPI City Tax Rate 1991/92 1.041% -2.179% -1.088% -4.142% -6.393% 3.000% 2.361% 1992/93 22.729% 28.617% 21.108% 24.862% 30.028% 3.000% 17.444% 1993/94 -3.757% -3.757% -3.757% -3.757% -3.757% 2.600% -3.757% 1994/95 6.078% 4.587% 3.914% 2.261% 1.680% 2.900% -6.859% 1995/96 1.563% 0.622% -0.089% -1.270% -1.652% 3.100% -8.682% Shakopee Assessed Value and Taxes Payable Residential Tax EMV Tax Cap. City City Total Total Parcel Year Value Value Tax Rate Tax Tax Rate Tax 27-004147-0 1990/91 68,900 698 23.426% 163.51 119.996% 837.57 1991/92 68,900 689 23.979% 165.22 135.370% 932.70 1992/93 72,000 720 28.162% 202.77 140.007% 1,008.05 1993/94 72,000 720 27.104% 195.15 146.446% 1,054.41 1994/95 77,000 820 25.245% 207.01 152.742% 1,252.48 1995/96 81,600 912 23.053% 210.25 27-037013-0 1990/91 79,100 902 23.426% 211.30 119.996% 1,082.36 1991/92 79,100 862 23.979% 206.70 135.370% 1,166.89 1992/93 83,200 944 28.162% 265.85 140.007% 1,321.67 1993/94 83,200 944 27.104% 255.86 146.446% 1,382.45 1994/95 89,000 1,060 25.245% 267.60 152.742% 1,619.07 1995/96 94,400 1,168 23.053% 269.26 27-033005-0 1990/91 90,400 1,128 23.426% 264.25 119.996% 1,353.55 1991/92 90,500 1,090 23.979% 261.37 135.370% 1,475.53 1992/93 92,200 1,124 28.162% 316.54 140.007% 1,573.68 1993/94 92,200 1,124 27.104% 304.65 146.446% 1,646.05 1994/95 98,700 1,254 25.245% 316.57 152.742% 1,915.38 1995/96 104,600 1,372 23.053% 316.29 27-015004-0 1990/91 120,200 1,826 23.426% 427.76 119.996% 2,191.13 1991/92 120,200 1,710 23.979% 410.04 135.370% 2,314.83 1992/93 126,900 1,818 28.162% 511.99 140.007% 2,545.33 1993/94 126,900 1,818 27.104% 492.75 146.446% 2,662.39 1994/95 135,800 1,996 25.245% 503.89 152.742% 3,048.73 1995/96 143,900 2,158 23.053% 497.49 27-015006-0 1990/91 136,900 2,327 23.426% 545.12 119.996% 2,792.31 1991/92 136,900 2,128 23.979% 510.27 135.370% 2,880.67 1992/93 153,800 2,356 28.162% 663.50 140.007% 3,298.56 1993/94 153,800 2,356 27.104% 638.57 146.446% 3,450.27 1994/95 164,600 2,572 25.245% 649.30 152.742% 3,928.52 1995/96 174,500 2,770 23.053% 638.57 COF'JSENT fz MEMO TO: Dennis R. Kraft, City Administrator FROM: Barry A. Stock, Assistant City Administrator RE: Civic Center Furnishings and Fixtures DATE: October 13, 1995 INTRODUCTION: Greystone Construction has received bids and/or proposals for the following items relating to the Shakopee Civic Center Project: 1. Landscaping/Irrigation Work- RFP#3 2. Office Furniture-FFE"C" 3. Copy Machine - FFE"P" BACKGROUND: Attached is a correspondence from Greystone Construction summarizing the bids and proposals for the items noted above. The quotation for the office furniture and copy machine are taken directly from the Hennepin County contract pricing. Staff is recommending that the contracts be awarded accordingly as recommended by Greystone Construction Co. ALTERNATIVES: 1. Move to award the Shakopee Civic Center Project Packages RFP#3, FFE"C", and FFE"P"to the contractors as noted in the summary provided by Greystone Construction dated October 13, 1995 and authorize the appropriate City officials to execute contracts and/or purchase orders accordingly. 2. Table action pending further information from staff. 3. Rebid or delete certain packages as deemed appropriate. STAFF RECOMMENDATION: Staff recommends alternative#1. ACTION REQUESTED: Move to award the Shakopee Civic Center Project Packages RFP#3,FFE"C", and FFE"P"to the contractors as noted in the summary provided by Greystone Construction dated October 13, 1995 and authorize the appropriate City officials to execute contracts and/or purchase orders accordingly. �sH�Y 1 VIS! CONSTRUCTION COMPANY October 13, 1995 Barry Stock Assistant City Administrator City of Shakopee 129 Holmes Street Shakopee,MN 55379 Re: Shakopee Civic Center Dear Barry: Based on consultations with City Staff, we recommend the award of contracts for the landscaping / irrigation work, office furniture and copy machine on the following basis: The proposals for the landscaping and irrigation work were received and publicly opened on August 31, 1995. Since the costs for the office furniture was not to expected to exceed $25,000, proposals were requested in accordance with State Statutes. The copy machine will be purchased utilizing State contract pricing. Category Description Firm Amount RFP#3 Landscape& Tim's Lawn&Landscaping $45,000 irrigation work. FFE"C" Office furniture P.M.Johnson's Inc. Not to exceed (work stations& (State contract pricing) $8,830 office chairs) FFE"P" Copy machine To be determined Not to exceed (State contract pricing) $6,000 The recommendations are made based on consideration of pricing, unit costs, quantities, quality and durability offered to the Owner. A tabulation sheet is also enclosed for each category of work. Please call me with any questions. Sincerely, Mikl J.Parsons Project Manager ENCLOSURE c: Rob O'Brien e .. . Paul Dahlberg bsrc1013 1221 East Fourth Avenue, Suite 110 Equal Opportunity Telephone: 612-496-2227 Shakopee Minnesota 55379 Employer/Contractor Fax : 612-445-4191 Project: Shakopee Civic Center, Shakopee,MN Owner: City of Shakopee SUMMARY OF PROPOSALS RECEIVED--Prepared by Greystone Construction Company 10/13/95 Category Description/ Firm Amount Budget Amount RFP#3 Landscape& Tim's Lawn&Landscaping $45,000 irrigation work. $45,000 RFP#3 Minnesota Valley $44,750 RFP#3 Halla Nursery $58,830 RFP#3 Aspen Nursery; No proposal Friedes Landscaping; Custom Landscaping Herman's Landscaping FFE"C" Office furniture P.M.Johnson's Inc. $8,830 (cubicles&chairs) (State contract pricing) not to exceed $14,000 FFE"C" Office Pavilion $13,484 FFE"C" Commercial Furniture $11,672 Brokers used/refurbished FFE"P" Copy machine To be determined $ 6,000, $6,000 (State contract pricing) not to exceed Notes: RFP #3 -- landscaping / irrigation work: The RFP solicited design/construct proposals from local firms. Following the receipt of proposals, a meeting was held with the apparent lowest responsive proposer. One firm was selected to meet with based on unit pricing submitted. The City Staff. Project Architect and Construction Manager provided input. The City Staff selected plant varieties,plant sizes, landscape design and reduced maintenance issues for the fmal landscape and irrigation design. CO /3cu MEMORANDUM TO: Dennis R. Kraft, City Administrator FROM: Judith S. Cox, City Clerk SUBJECT: Shako-Valley Amateur Hockey Association DATE: October 11, 1995 INTRODUCTION AND BACKGROUND: Shako-Valley Amateur Hockey Association is making application to renew their premises permits for their gambling activities at the Eagle's Club and at the Main Event Sports Bar. They are in compliance with the Shakopee City Code. RECOMMENDED ACTION: Offer Resolution No. 4310, A Resolution of The City of Shakopee, Minnesota, Approving Premises Permits for the Shako- Valley Amateur Hockey Association, and move its adoption. RESOLUTION NO. 4310 A RESOLUTION OF THE CITY OF SHAKOPEE , MINNESOTA, APPROVING PREMISES PERMITS FOR THE SHAKO-VALLEY AMATEUR HOCKEY ASSOCIATION WHEREAS, the 1990 legislature adopted a law which requires municipal approval in order for the Gambling Control Board to issue or renew premises permits; and WHEREAS, the Shako-Valley Amateur Hockey Association is seeking Premises Permits at the Eagles Aerie #4120 Club, 220 West 2nd Avenue, and at the Main Event Sports Bar, 911 East 1st Avenue, Shakopee, Minnesota. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, AS FOLLOWS: That the Premises Permits for the Shako-Valley Amateur Hockey Association at the Eagles Aerie #4120 Club, 220 West 2nd Avenue, and at the Main Event Sports Bar, 911 East 1st Avenue, Shakopee, Minnesota, be approved. Adopted in Adjourned Regular Session of the City Council of the City of Shakopee, Minnesota, held this 17th day of October, 1995. Mayor of the City of Shakopee ATTEST: City Clerk Approved as to form. City Attorney MEMO TO: Dennis R. Kraft, City Administrator FROM: Bruce Loney, Public Works Director 13,L; SUBJECT: Ordering Feasibility Reports For 1996 Street Reconstruction Projects DATE: October 11, 1995 COUNCIL MEETING DATE: October 17, 1995 INTRODUCTION: Attached is Resolution No. 4314 which orders the feasibility report prepared for the following streets: 5th Avenue, from Fuller Street to Spencer Street 7th Avenue, from Fuller Street to Spencer Street Shakopee Avenue, from Holmes Street to Main Street Fillmore Street, from 1st Avenue to 2nd Avenue Naumkeag Street, from 1st Avenue to 2nd Avenue Also attached is Resolution No. 4315 which orders the feasibility report preparation for Gorman Street, from 4th Avenue to Marschall Road. BACKGROUND: The City Council of Shakopee has reviewed the Draft 1996-2000 Capital Improvement Plan (CIP) at two Committee of the Whole meetings with formal adoption scheduled for December per the Finance Director. Included in the CIP street improvements for 1996 are the streets mentioned above. All of these streets are proposed to be reconstructed with sanitary sewer, watermain and storm sewer replaced as necessary. In the 1995 CIP, 5th Avenue, 7th Avenue and Shakopee Avenue were proposed to be reconstructed. Due to the workload and vacancies of staff, this street reconstruction project was delayed and rescheduled in the 1996 CIP. Fillmore Street and Naumkeag Street were added to the 1996 Street Reconstruction Project list due to their deteriorated condition. Gorman Street is a State Aid Street and is being recommended for reconstruction due to its deteriorated condition. In order to reconstruct these streets during the summer months of the construction season, the feasibility report needs to be authorized at this time. The public improvement project schedule for these projects is projected as follows: Public Improvement Process Date Authorize Feasibility Study October 17, 1995 Approval of Feasibility Study December 19, 1995 Public Hearing January 16, 1996 Approve Plans & Specifications April 16, 1996 Award Bid May 21, 1996 Start Construction June 1, 1996 Staff believes that bidding earlier in the construction year can result in better bid prices than later in the year. Also an earlier start will result in the reconstruction work occurring during the summer months and completion of the project in early fall versus late fall. The number of blocks proposed to be included in the feasibility report is approximately 16 blocks and probably will take 3 to 4 months to complete. Staff is also requesting authorization to have the preliminary design surveying work performed to assist in determining costs for the feasibility report. Performing the surveying work in the fall months versus the winter months is more cost effective and the data more accurate and will allow staff to design the project earlier if the project is approved by Council. If the project is not approved, the survey data can be saved for when the street reconstruction project is approved. A surveying cost from Orr-Schelen- Mayeron & Assoc. (OSM) has been received on the 1996 Reconstruction Project and Gorman Street reconstruction for Council approval and is attached to this memo. Surveying in the winter months can be 25 to 50 percent higher due to snow and ice on the ground. Surveying costs for the 1996 street reconstruction area is estimated not-to- exceed $12,150.00 and for Gorman Street a not-to-exceed cost of$2,100.00. Staff is also requesting authorization to solicit quotes in order to perform soil investigation work to assist in the feasibility study. Soil information is needed to estimate the street reconstruction and utility replacement costs. Attached is Resolution No. 4314 and No. 4315 which orders the feasibility reports for these streets. ALTERNATIVES: 1. Adopt Resolution No. 4314 and No. 4315. 2. Deny Resolution No. 4314 and No. 4315. 3. Table Resolution No. 4314 and No. 4315 for a specific reason. 4. Move to authorize the appropriate City officials to execute a consultant contract with Orr-Schelen-Mayeron&Assoc. (OSM) for surveying services for the proposed 1996 Street Reconstruction and Gorman Street Projects in an amount not-to-exceed$14,250.00. 5. Do not authorize the surveying services from OSM on these proposed projects. 6. Move to authorize staff to solicit quotes for soil investigation work for the proposed 1996 Street Reconstruction and Gorman Street Projects. 7. Do not authorize staff to solicit quotes for soil investigation work. RECOMMENDATION: Staff recommends Alternative No. 1 and No. 4 so that the proposed street reconstruction projects for 1996 can be initiated. ACTION REQUESTED: 1. Offer Resolution No. 4314,A Resolution Ordering a Feasibility Report for the 1996 Reconstruction Project and move its adoption. 2. Offer Resolution No. 4315,A Resolution Ordering a Feasibility Report for Gorman Street, from 4th Avenue to Marschall Road and move its adoption. 3. Move to authorize the appropriate City officials to execute a consultant contract with Orr-Schelen-Mayeron&Assoc.,Inc. for surveying services for the proposed 1996 Street Reconstruction Project and the Gorman Street Project in an amount not-to-exceed$14,250.00. 4. Move to authorize staff to solicit quotes for soil investigation work for the proposed 1996 Street Reconstruction and Gorman Street Projects. BL/pmp MEM4314 Orr October 11, 1995 Qeien &, C/�/ Associates,Inc. I t+ Mr. Bruce Loney 300 Par ' ce leer �c Cityof Shakopee 5775 - s. ulevar� 2 1 p Minn -,1.(s, 5p16 28 _ �� 129 South Holmes 612-595-5775 it Shakopee, MN 55379 1-800-753-5775 FAX 595-5774 Engineers Re: Proposal for Surveying for 1996 Architects P Yl g ProjectsPlanners Shakopee Surveyors Proposal No. 0322.95 Orr-Schelen-Mayeron & Associates, Inc. (OSM) is pleased to present this proposal for providing surveying services to the City of Shakopee. OSM is currently under contract to the City to provide Professional Services. We would propose to perform these services under the terms of the Contract and this Agreement per Section I-C-2 of the Contract. This Extension Agreement is for the Design Surveys for the proposed 1996 City Projects. OSM agrees to accomplish the attached Scope of Services for a fee not to exceed $14,250 if completed before November 23, 1995. We have personnel available to commence work immediately and would complete the surveys within 30 days of notice to proceed. The City of Shakopee agrees to reimburse OSM for these services in accordance with Section IV of the Agreement for Professional Services. If the surveys are performed after the snow is on the ground and/or the existing gutters are filled with ice, I would anticipate a 25 to 50 percent increase in the field survey time. This would amount to approximately $4,000 in additional fees to complete. If this agreement meets with your approval, please sign below and return one copy to our office. We look forward to working with you on this project. Sincerely, ORR-SCHELEN-MAYERON CITY OF SHAKOPEE & ASSOCIATES, INC. / APPROVED DATE D. Edward Ames, L.S. City Administrator Date Vice President c: DDM, OSM City Clerk Date attachment Mayor Date Equal Opportunity Employer . SURVEYING SERVICES FOR DESIGN SURVEYS FOR 1996 PROJECTS FOR THE CITY OF SHAKOPEE, MINNESOTA SCOPE OF SERVICES Utilizing County Coordinates for horizontal control and City bench marks for vertical control, survey topography and cross-sections for new street construction as follows: 1. Locate existing monuments to establish centerline alignment and tie to County control. 2. Locate topographic features within right of way plus adjoining house corners. 3. Locate City utilities and visible private utilities. a. Determine manhole top of casting and invert elevations. b. Determine catch basin top of casting and invert elevations. 4. Minimum 50 foot profile on centerline and curb and gutter at all intersecting streets out to 200 feet from project centerline. 5. Cross-sections at 50 foot intervals plus driveways to garage floor and perpendicular sidewalks. 6. Deliver finished surveys to City in electronic format for use on CADD. COST BREAKDOWN BY PROJECT 1996 Reconstruction Project Estimate $12,150 5th Avenue from Fuller Street to Spencer Street 7th Avenue from Fuller Street to Spencer Street Shakopee Avenue from Holmes Street to Main Street Fillmore Street from 2nd Avenue to 1st Avenue Naumkeag Street from 2nd Avenue to 1st Avenue Gorman Street Reconstruction Project Estimate $ 2,100 Gorman Street from 4th Avenue to County Road 17 H:\PROPOSAL\SURV\032295.DEA RESOLUTION NO. 4315 A Resolution Ordering The Preparation Of A Report On An Improvement For Gorman Street, From 4th Avenue To Marschall Road WHEREAS, it is proposed to improve Gorman Street, from 4th Avenue to Marschall Road by installation of sanitary sewer, watermain, storm sewer, street reconstruction and all appurtenant work as necessary and to assess the benefitted property for all or a portion of the cost of the improvement,pursuant to Minnesota Statutes, Chapter 429. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, that the proposed improvement be referred to Bruce Loney, Public Works Director, for study and that he is instructed to report to the Council with all convenient speed advising the Council in a preliminary way as to whether the proposed improvement is feasible and as to whether it should the be made as as p sed or in dcdnnection with some other improvement,and the estimated cost oimprovement Adopted in session of the City Council of the City of Shakopee, Minnesota,held this day of , 1995. Mayor of the City of Shakopee ATTEST: City Clerk Approved as to form: City Attorney RESOLUTION NO. 4314 A Resolution Ordering The Preparation Of A Report On An Improvement For The 1996 Reconstruction Project WHEREAS, it is proposed to improve 5th Avenue, from Fuller Street to Spencer Street; 7th Avenue, from Fuller Street to Spencer Street;d Avenue; e andNaumkeag Street, fromnue, from Holmes sst Aveneet to ue to n Street; Fillmore Street, from 1st Avenue to 2nd Avenue by installation of sanitary sewer, benefittedain, stro�erty for allorta portion oflon the cost of all appurtenant work as necessary and to assess property the improvement,pursuant to Minnesota Statutes,Chapter 429. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, that the proposed improvement be referred to Bruce Loney, Public Works Director, for study and that he is instructed to report to the Council with all convenient speed advising the Council in a preliminary way as to whether the proposed improvement is feasible and as to whether it should best be made as proposed or in connection with some other improvement,and the estimated cost of the improvement as recommended. Adopted in session of the City Council of the City of Shakopee, Minnesota,held this day of , 1995. Mayor of the City of Shakopee ATTEST: City Clerk Approved as to form: City Attorney CrP (,)Lilt! I S MEMO TO: Dennis R. Kraft, City Administrator FROM: Bruce Loney,Public Works Director 01 I SUBJECT: Alley in Block 51, Project No. 1994-14 DATE: October 13, 1995 COUNCIL MEETING DATE: October 17, 1995 INTRODUCTION: Attached is Resolution No. 4316, a resolution declaring the cost to be assessed and ordering the preparation of proposed assessments for the alley improvement in Block 51, Original Shakopee Plat, Project No. 1994-14. BACKGROUND: On July 18, 1995 the City Council awarded the construction contract for this project to Bituminous Consulting, Inc. The project is now complete and all project costs have been identified. This project consists of paving an existing gravel surface alley and was initiated based upon a petition received from adjacent property owners. The total construction costs for this project is $4,778.00 which is $95.10 more than the original contract amount of $4,682.90. This represents 2% increase in the original contract amount. The engineering and administrative costs for this project totaled $4,050.02 or 84.8% of the construction costs. Indirect costs on a small project such as this can be higher than the standard 25% of the construction costs utilized in most City feasibility study estimates. The total project cost, including construction and engineering/administration is $8,828.02. Prior to levying assessments an assessment hearing must be held. The attached resolution declares the cost to be assessed, orders the preparation of proposed assessments and sets a public hearing date for November 21, 1995. Special assessments must be certified to Scott County by November 30, 1995 in order to be included in the 1996 property taxes. For this project and as per the City's Special Assessment Policy, 100% of the project cost for alley reconstruction is assessed to abutting property owners. ALTERNATIVES: 1. Adopt Resolution No. 4316. 2. Deny Resolution No. 4316. 3. Table for additional information from staff. RECOMMENDATION: Staff recommends Alternative No. 1. Tabling to another meeting would disallow adequate time for publishing legal notice and conducting the public hearing prior to the November 30, 1995 deadline for certifying assessments. ACTION REQUESTED: Offer Resolution No. 4316,A Resolution Declaring the Cost to be Assessed and Ordering the Preparation of Proposed Assessments for the Alley in Block 51, Original Shakopee Plat, Project No. 1994-14 and move its adoption. BL/pmp MEM4316 RESOLUTION NO. 4316 A Resolution Declaring The Cost To Be Assessed And Ordering The Preparation Of Proposed Assessments For The Alley in Block 51, Original Shakopee Plat Project No. 1994-14 WHEREAS, a contract has been let for the improvement of: the Alley in Block 51, Original Shakopee Plat by pavement, Project No. 1994-14 and the contract price for such improvements is $4,682.90, the construction contingency amounts to $95.10 and the expenses incurred or to be incurred in the making of such improvements amounts to $4,050.02, so that the total cost of the improvements will be $8,828.02. Of this cost the City of Shakopee will pay $ -0- as its share of the cost and the Shakopee Public Utilities Commission will pay $ -0- as its share of the cost. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE,MINNESOTA: 1. The cost of such improvement to be specially assessed is hereby declared to be $8,828.02. 2. The City Clerk, with the assistance of the City Engineer shall forthwith calculate the proper amount to be specially assessed for such improvement against every assessable lot, piece or parcel of land within the district affected, without regard to cash valuation, as provided by law, and keep a copy of such proposed assessment in her office for public inspection. 3. That the City Clerk shall, upon the completion of such proposed assessment, notify the City Council thereof. BE IT FURTHER RESOLVED: 1. That a hearing shall be held on the 21st day of November, 1995, in the Council Chambers of City Hall at 7:00 P.M. or thereafter, to pass upon such proposed assessments and at such time and place all persons owning property affected by such improvements and proposed assessments will be given an opportunity to be heard with reference to such assessment. 2. That the City Clerk is hereby directed to cause a notice of the hearing on the proposed assessment to be published once in the official newspaper of the City of Shakopee at least two weeks prior to the hearing and she shall state in the notice the total cost of the improvements. She also shall cause mailed notice of such hearing to be given the owner of each parcel described in the assessment roll not less than two weeks prior to the hearing. Adopted in session of the City Council of the City of Shakopee, Minnesota,held this day of , 1995. Mayor of the City of Shakopee ATTEST: City Clerk Approved as to form: City Attorney _ 1 `3w MEMO TO: Dennis R. Kraft, City Administrator FROM: David M.Nummer, Staff EngineerPind SUBJECT: P&V Reconstruction,Project No. 1995-5 DATE: October 13, 1995 COUNCIL MEETING DATE: October 17, 1995 INTRODUCTION: Attached is Resolution No. 4317, a resolution declaring the cost to be assessed and ordering the preparation of proposed assessments for P&V Addition and P&V 2nd Addition, Project No. 1995-5. BACKGROUND: The P&V and P&V 2nd Additions are located in an area that was annexed into the City of Shakopee in November, 1994. As part of the annexation agreement, the City agreed to extend sanitary sewer and water services to the existing homes that did not have service. The P&V Reconstruction Project provided these services in addition to reconstructing the street and installing storm drainage facilities. The annexation agreement also established a maximum assessment amount of$8,000.00 per lot for those property owners who agreed to sign a waiver of assessment appeal. The waiver was signed by all but two property owners, with one parcel belonging to Mn/DOT and the other belonging to Mr. and Mrs. Rowan. Those not signing the waiver are subject to standard assessment policies and procedures, but they do retain their right to appeal the assessments. Attached is a letter from Mr. and Mrs. Rowan requesting that they be allowed to sign the assessment waiver, with the provision that the assessments be deferred for two years without interest. In order to maintain equity among those who signed the waiver of assessment appeal, staff would recommend that either all of the assessments be deferred or that the deferment not be allowed for any of the properties. Staff is requesting Council direction on this issue. The P&V Project is nearing completion and staff has estimated the remaining construction costs. The work remaining to be completed is paving of the wear course, sodding and miscellaneous cleanup. The quantities for these items have been measured in the field and are the basis for estimating the remaining construction costs. Staff is seeking Council permission to assess this project at this time so that the assessments can be certified to Scott County for collection with the 1996 property taxes. h:\council\mem4317.mo The total construction costs for this project are estimated at$339,500.00 which is $2479.10 more than the original contract amount of$337,020.90. The engineering and administrative costs for this project totaled$60,000.00 or 17.7% of the construction costs. In addition to the construction costs, a trunk watermain fee of$9,673.80 and watermain inspection fees of$4,460 were charged to the project to cover Shakopee Public Utilities expenses. The total project cost including construction and engineering/administration and SPUC fees is $413,633.80. The assessments for this project were calculated on a per lot basis since the lots in the P&V Additions are very similar in size and shape. There are a total of 35 lots being assessed and the assessment per lot is $11,665.41. This is very close to the feasibility report estimate of $11,576.67. The assessments for those who signed the waiver of assessment appeal are limited to $8,000.00 per lot. The total assessment amount for the project is $287,330.82. The assessments comprise 69.5% of the total project costs. The total assessed cost was calculated with two lots being assessed at the $11,665.41 rate, and the other 33 lots being assessed at the $8000.00 rate. If the Rowans are allowed to sign the waiver of assessment appeal and obtain the $8000.00 maximum assessment the total assessment amount will have to be adjusted accordingly. Of the non-assessed project costs, $5,344.51 will be funded by SPUC as oversizing costs, and $120,958.47 will be funded by the City from the Capital Improvement Fund. ALTERNATIVES: 1. Adopt Resolution No. 4317. 2. Deny Resolution No. 4317. 3. Table for additional information from staff. 4. Allow a two year deferment of all assessments for this project without interest. 5. Do not allow a deferment of assessments. RECOMMENDATION: Staff recommends Alternative No.'s 1 and 5. Tabling to another meeting would disallow adequate time for publishing legal notice and conducting the public hearing prior to the November 30, 1995 deadline for certifying assessments. h:\council\mem4317.mo ACTION REQUESTED: 1. Offer Resolution No. 4317, A Resolution Declaring the Cost to be Assessed and Ordering the Preparation of Proposed Assessments for the P&V Addition and P&V 2nd Addition, Project No. 1995-5 and move its adoption. 2. Direct staff to respectfully inform Mr. and Mrs. Rowan that no deferment of assessments will be allowed, however, they are welcome to sign the waiver of assessment appeal if they so choose. h:\council\mem4317.mo TO: THE SHAKOPEE CITY COUNCIL OCT 0 9 1995 FROM: MIKE & ROXANNE ROWAN CITY OF SHAKOPEE 253 EAST SAND STREET - THIS LETTER IS IN REGARDS TO THE IMPROVEMENTS IN THE P&V ADDITION. WE CHOSE NOT TO SIGN THE WAIVER FOR ASSESSMENTS BECAUSE WE WANTED TO GET SOME KIND OF CREDIT FOR THE WELL WE JUST PUT IN. WE ALSO FIND IT HARD TO BELIEVE THAT OUR HOUSE WILL GO UP IN VALUE BY $8000. WHEN WE WERE LOOKING TO BUY OUR HOUSE, WE WANTED SOMETHING OUTSIDE THE CITY SO WE WOULD HAVE LOWER TAXES. WE ALSO LIKED THE FACT THAT WE WOULD HAVE OUR OWN WELL. WE CALLED THE CITY TO INQUIRE ABOUT THE POSSIBILITY OF SEWER & WATER BEING INSTALLED IN THE P&V ADDITION. WE WERE TOLD THAT NOTHING WAS PLANNED FOR AT LEAST 5-10 YEARS. IN ORDER TO GET AN FHA LOAN WE HAD TO PUT IN A NEW WELL. IT TESTED ONE HALF POINT ABOVE FHA STANDARDS. THE COST WAS 6 THOUSAND DOLLARS. IF WE HAD KNOWN ABOUT THE POSSIBILITY OF SEWER & WATER, WE MAY HAVE BEEN ABLE TO MAKE AN AGREEMENT WITH FHA. BUT NO ONE TOLD US. THAT WAS IN THE FALL OF 1993. WE CLOSED ON OUR HOUSE DEC. 31,1993. AT THE CLOSING, WE WERE GIVEN A NEWSPAPER CLIPPING ABOUT THE ANNEXATION OF THE P&V ADDITION INTO SHAKOPEE. 3 MONTHS LATER THERE WAS A MAJORITY VOTE TO BE ANNEXED IN. THAT AUTOMATICALLY MEANT HOOKING UP TO SEWER & WATER. WE WERE TOLD THAT THE ASSESSMENT COULD BE BETWEEN 12 & 15 THOUSAND DOLLARS. THE CITY OH±RED US AN AGREEMENT TO PAY ONLY 8 THOUSAND DOLLARS. THE REST WOULD BE PAID BY ALL THE RESIDENTS OF SHAKOPEE ON THEIR TAX BILL. WE FEEL THAT WE WERE LIED TO. THE CITY HAD TO HAVE KNOWN ABOUT THE POSSIBILITY OF ANNEXATION! ONLY 5 MONTHS LATER THERE WAS A MEETING ABOUT BEING ANNEXED! THE SELLER & HER REALTOR (DAVE BROWN) HAD TO HAVE KNOW ALSO. WE WERE NOT TOLD. PUT YOURSELF IN OUR SHOES. YOU BUY A HOUSE . SPEND $6,000 ON A WELL THAT YOU NOW FIND OUT YOU MAY NOT HAVE HAD TO PUT IN!. 3 MONTHS LATER YOU ARE TOLD THAT YOU WILL NOW BECOME PART OF THE CITY. THAT MEANS HIGHER TAXES. ON TOP OF THAT YOU WILL BE BILLED $8,000 FOR SEWER & WATER. PLUS WE WILL NOW HAVE A SEWER & WATER BILL. I SPOKE WITH A LAWYER AND WAS TOLD THAT IT COULD COST A MINIMUM OF $2,500 TO GO TO COURT. WE DON'T HAVE THAT KIND OF MONEY. I'M SURE THE CITY WOULD RATHER NOT GO TO COURT EITHER. WE UNDERSTAND THAT YOU ALLOWED ANOTHER HOUSEHOLD TO SIGN THE WAIVER AFTER THE DEADLINE. WE WOULD LIKE TO SIGN IT AT THIS TIME. HOWEVER WE ARE ASKING THAT WE BE GIVEN AN EXTENSION ON STARTING THE PAYMENT OF THE ASSESSMENT OF AT LEAST 2 YEARS WITHOUT ACCRUED INTEREST. THIS WAY WE CAN STAY OUT OF COURT, THE CITY WILL GET IT'S MONEY, AND WE WILL FEEL THAT WE HAVE BEEN COMPENSATED IN SOME WAY. WE ATTEND SCHOOL ON TUESDAY NIGHTS SO WE ARE UNABLE TO ATTEND THE MEETINGS. WE DO NOT HAVE CABLE, SO ARE UNABLE TO TAPE THEM. PLEASE CALL OR WRITE TO US WITH YOUR DECISION. ' k• - — t \L-t Zoi,,, ` RESOLUTION NO. 4317 A Resolution Declaring The Cost To Be Assessed And Ordering The Preparation Of Proposed Assessments For P&V Addition and P&V 2nd Addition Project No. 1995-5 WHEREAS, a contract has been let for the improvement of: P&V Addition and P&V 2nd Addition, by street reconstruction, sanitary sewer, storm sewer and watermain, Project No. 1995-5 and the contract price for such improvements is $337,020.90,the construction contingency amounts to $2,479.10 and the expenses incurred or to be incurred in the making of such improvements amounts to $74,133.80, so that the total cost of the improvements will be $413,633.80. Of this cost the City of Shakopee will pay $120,958.47 as its share of the cost and the Shakopee Public Utilities Commission will pay$5,344.51 as its share of the cost. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE,MINNESOTA: 1. The cost of such improvement to be specially assessed is hereby declared to be $287,330.82. 2. The City Clerk, with the assistance of the City Engineer shall forthwith calculate the proper amount to be specially assessed for such improvement against every assessable lot, piece or parcel of land within the district affected, without regard to cash valuation, as provided by law, and keep a copy of such proposed assessment in her office for public inspection. 3. That the City Clerk shall, upon the completion of such proposed assessment, notify the City Council thereof. BE IT FURTHER RESOLVED: 1. That a hearing shall be held on the 21st day of November, 1995, in the Council Chambers of City Hall at 7:15 P.M. or thereafter, to pass upon such proposed assessments and at such time and place all persons owning property affected by such improvements and proposed assessments will be given an opportunity to be heard with reference to such assessment. 2. That the City Clerk is hereby directed to cause a notice of the hearing on the proposed assessment to be published once in the official newspaper of the City of Shakopee at least two weeks prior to the hearing and she shall state in the notice the total cost of the improvements. She also shall cause mailed notice of such hearing to be given the owner of each parcel described in the assessment roll not less than two weeks prior to the hearing. Adopted in session of the City Council of the City of Shakopee, Minnesota,held this day of , 1995. Mayor of the City of Shakopee ATTEST: City Clerk Approved as to form: City Attorney C " " MEMO TO: Dennis R. Kraft, City Administrator FROM: David M.Nummer, Staff Engineer,Dnvd SUBJECT: Downtown Streetscape-Phase II, Project No. 1993-12 DATE: October 12, 1995 COUNCIL MEETING DATE: October 17, 1995 INTRODUCTION: Attached is Resolution No. 4318, a resolution declaring the cost to be assessed and ordering the preparation of proposed assessments for the Downtown Streetscape - Phase II, Project No. 1993- 12. BACKGROUND: On July 12, 1994, the City Council awarded the construction contract for this project to Hardrives, Inc. The project is now complete, and all project costs have been identified. This project includes the reconstruction of the street, sanitary sewer, storm sewer, watermain, and addition of streetscape amenities on 1st Avenue from Holmes Street to Sommerville Street. The project also included the construction of the parking lot on the old Pelham Hotel site, including the addition of streetscape items. The total construction costs for this project are $480,850.65, which is $14,486.15 more than the original contract amount of$466,364.50. This represents a 3% increase in the original contract amount. The engineering and administrative costs for this project totaled $85,078.93, or 17.7% of the construction costs. The total project cost including construction and engineering/ administration is $565,929.59. These project costs will be funded through a variety of sources including: Assessments, Sanitary Sewer Fund, Storm Sewer Fund, Shakopee Public Utilities, and City costs which are funded by a combination of Tax Increment Financing (TIF) and Capital Improvement Fund dollars. The cost breakdown is as follows: Funding Source Construction Cost Eng./Admin Cost Total Assessments $58,089.69 $10,278.05 $68,367.74 City Costs $294,949.61 $52,186.68 $347,136.29 Sanitary Sewer Fund $42,316.50 $7,487.24 $49,803.74 Storm Sewer Fund $20,367.00 $3,603.62 $23,970.62 SPUC Costs $65.127.85 $11,523.34 $76.651.19 TOTALS $480,850.65 $85,078.93 $565,929.58 c:\dos\dtssasmt.doc The assessment amount of$68,367.74 represents 12.1% of the total project costs. The City costs were budgeted for in the TIF plan. The last revision of that plan allocated $421,200.00 for the construction of the Downtown Streetscape -Phase II Project. Prior to levying assessments, an assessment hearing must be held. The attached resolution sets the public hearing date for November 21, 1995. Special assessments must be certified to Scott County by November 30, 1995 in order to be included in the 1996 property taxes. ALTERNATIVES: 1. Adopt Resolution No. 4318. 2. Deny Resolution No. 4318. 3. Table for additional information from staff. RECOMMENDATION: Staff recommends Alternative No. 1. Tabling to another meeting would disallow adequate time for publishing legal notice and conducting the public hearing prior to the November 30, 1995 deadline for certifying assessments. ACTION REQUESTED: Offer Resolution No. 4318, A Resolution Declaring the Cost to be Assessed and Ordering the Preparation of Proposed Assessments for the Downtown Streetscape - Phase II, Project No. 1993-12, and move its adoption. c:\dos\dtssasmt.doc RESOLUTION NO. 4318 A Resolution Declaring The Cost To Be Assessed And Ordering The Preparation Of Proposed Assessments For The Downtown Streetscape - Phase II Project No. 1993-12 WHEREAS, a contract has been let for the improvement of: 1st Avenue, between Holmes and Sommerville street, by reconstruction of the street, sanitary sewer, storm sewer, watermain and addition of streetscape amenities; and construction of a municipal parking lot on the old Pelham Hotel site, Project No. 1993-12 and the contract price for such improvements is $466,364.50, the construction contingency amounts to $14,486.15 and the expenses incurred or to be incurred in the making of such improvements amounts to $85,078.93, so that the total cost of the improvements will be $565,929.59. Of this cost the City of Shakopee will pay $420,910.65 as its share of the cost and the Shakopee Public Utilities Commission will pay$76,651.19 as its share of the cost. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE,MINNESOTA: 1. The cost of such improvement to be specially assessed is hereby declared to be $68,367.74. 2. The City Clerk, with the assistance of the City Engineer shall forthwith calculate the proper amount to be specially assessed for such improvement against every assessable lot, piece or parcel of land within the district affected,without regard to cash valuation, as provided by law, and keep a copy of such proposed assessment in her office for public inspection. 3. That the City Clerk shall, upon the completion of such proposed assessment, notify the City Council thereof. BE IT FURTHER RESOLVED: 1. That a hearing shall be held on the 21st day of November, 1995, in the Council Chambers of City Hall at 7:30 P.M. or thereafter, to pass upon such proposed assessments and at such time and place all persons owning property affected by such improvements and proposed assessments will be given an opportunity to be heard with reference to such assessment. 2. That the City Clerk is hereby directed to cause a notice of the hearing on the proposed assessment to be published once in the official newspaper of the City of Shakopee at least two weeks prior to the hearing and she shall state in the notice the total cost of the improvements. She also shall cause mailed notice of such hearing to be given the owner of each parcel described in the assessment roll not less than two weeks prior to the hearing. Adopted in session of the City Council of the City of Shakopee, Minnesota,held this day of , 1995. Mayor of the City of Shakopee ATTEST: City Clerk Approved as to form: City Attorney CONSENT 1 3 MEMO TO: Dennis R. Kraft, City Administrator FROM: Bruce Loney, Public Works Director • SUBJECT: Alley in Block 48,Project No. 1994-1 DATE: October 13, 1995 COUNCIL MEETING DATE: October 17, 1995 INTRODUCTION: Attached is Resolution No. 4319, a resolution declaring the cost to be assessed and ordering the preparation of proposed assessments for the alley improvement in Block 48, Original Shakopee Plat, Project No. 1994-1. BACKGROUND: On July 12, 1994 the City Council awarded the construction contract for this Alley Reconstruction Project No. 1994-1 and the Downtown Streetscape Project No. 1993-12. The project is now complete and all project costs have been identified. This project consisted of installing a storm sewer system and reconstruction of the existing paved alley. The total construction costs for this project is $21,127.00 which was the original contract amount. The engineering and administrative costs for this project totaled $7,170.20 or 33.9% of the construction costs. The total project cost, including construction and engineering/administration is $28,297.20. These project costs will be funded by assessments and the Storm Sewer Fund. The cost breakdown is as follows: Funding Source Construction Cost Engr./Admin. Cost Total Assessments $ 9,495.00 $3,222.46 $12,717.46 Storm Sewer Fund $11362.00 $3.947.74 $15.579.74 TOTALS $21,127.00 $7,170.20 $28,297.20 The assessment amount of$12,717.46 represents 44.9% of the total project costs. The remaining project costs of$15,579.74 will be paid from the City's Storm Sewer Fund as recommended in the feasibility report and per City policy. Prior to levying assessments, an assessment hearing must be held. The attached resolution declares the cost to be assessed, orders the preparation of proposed assessments and sets a public hearing date for November 21, 1995. Special assessments must be certified to Scott County by November 30, 1995 in order to be included in the 1996 property taxes. For this project and as per the City's Special Assessment Policy, 100% of the project costs for alley reconstruction is assessed to abutting property owners with the storm sewer cost paid with Storm Sewer Funds. ALTERNATIVES: 1. Adopt Resolution No. 4319. 2. Deny Resolution No. 4319. 3. Table for additional information from staff. RECOMMENDATION: Staff recommends Alternative No. 1. Tabling to another meeting would disallow adequate time for publishing legal notice and conducting the public hearing prior to the November 30, 1995 deadline for certifying assessments. ACTION REQUESTED: Offer Resolution No. 4319, A Resolution Declaring the Cost to be Assessed and Ordering the Preparation of Proposed Assessments for the Alley in Block 48, Original Shakopee Plat, Project No. 1994-1 and move its adoption. BL/pmp MEM4319 RESOLUTION NO. 4319 A Resolution Declaring The Cost To Be Assessed And Ordering The Preparation Of Proposed Assessments For The Alley in Block 48, Original Shakopee Plat Project No. 1994-1 WHEREAS, a contract has been let for the improvement of: the Alley in Block 48, Original Shakopee Plat by pavement and installation of storm sewer, Project No. 1994-1 and the contract price for such improvements is $21,127.00, the construction contingency amounts to $ -0- and the expenses incurred or to be incurred in the making of such improvements amounts to $7,170.20, so that the total cost of the improvements will be $28,297.20. Of this cost the City of Shakopee will pay $15,579.74 as its share of the cost and the Shakopee Public Utilities Commission will pay$-0-as its share of the cost. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE,MINNESOTA: 1. The cost of such improvement to be specially assessed is hereby declared to be $12,717.46. 2. The City Clerk, with the assistance of the City Engineer shall forthwith calculate the proper amount to be specially assessed for such improvement against every assessable lot, piece or parcel of land within the district affected,without regard to cash valuation, as provided by law, and keep a copy of such proposed assessment in her office for public inspection. 3. That the City Clerk shall, upon the completion of such proposed assessment, notify the City Council thereof. BE IT FURTHER RESOLVED: 1. That a hearing shall be held on the 21st day of November, 1995, in the Council Chambers of City Hall at 7:45 P.M. or thereafter, to pass upon such proposed assessments and at such time and place all persons owning property affected by such improvements and proposed assessments will be given an opportunity to be heard with reference to such assessment. 2. That the City Clerk is hereby directed to cause a notice of the hearing on the proposed assessment to be published once in the official newspaper of the City of Shakopee at least two weeks prior to the hearing and she shall state in the notice the total cost of the improvements. She • also shall cause mailed notice of such hearing to be given the owner of each parcel described in the assessment roll not less than two weeks prior to the hearing. Adopted in session of the City Council of the City of Shakopee, Minnesota,held this day of , 1995. Mayor of the City of Shakopee ATTEST: City Clerk Approved as to form: City Attorney