HomeMy WebLinkAbout15.A.1. Request of Randy Noecker for Grading Permit to Allow Stockpiling of Fill
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CITY OF SHAKOPEE
Memorandum
CASE NO.: NA
TO: Shakopee Planning Commission
FROM: R. Michael Leek, Community Development Director
SUBJECT: Request of Randy Noecker for Grading Permit to Allow Stockpiling of
30,000 Cubic Yards ofFill on the Eagle Creek Stables Property
MEETING DATE: November 3,2004
REVIEW PERIOD: NA
INTRODUCTION:
Randy Noecker has made application to the City's Engineering Department for a grading permit to
allow stockpiling. On October 5th the Council referred the grading permit to the Planning
Commission for review. On October 21,2004 the Planning Commission reviewed the request. A
copy ofthe report that went to the Commission is attached for the Council's information, as well as
the original report from Engineering to City Council.
ALTERNATIVES:
1. Approve the grading permit with conditions as recommended by City staff in the original
staff report.
2. Approve the grading permit with revised conditions.
3. Deny the requested grading permit, because a) there is not an approved or approvable plat for
the project area, and 2) the applicant has submitted insufficient information for the City to be
assured that the wetlands, woodlands, and Prior Lake/Spring Lake Outlet Channel on the site
will be adequately protected.
PLANNING COMMISSION RECOMMENDATION:
The Planning Commission recommended alternative number 3, denial for the stated reasons.
ACTION REQUESTED:
Offer and pass a motion consistent with the Council's decision after reviewing the Planning
Commission recommendation and previous staff report.
~-A;~/~~
R. Michael Leek
Community Development Director
G:\CC\2004\11-03\gradingpennitnoecker.DOC I
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CITY OF SHAKOPEE
Memorandum
CASE NO.: NA
TO: Shakopee Planning Commission
FROM: R. Michael Leek, Community Development Director
SUBJECT: Request of Randy Noecker for Grading Permit to Allow Stockpiling of
30,000 Cubic Yards ofFill on the Eagle Creek Stables Property
MEETING DATE: October 21,2004
REVIEW PERIOD: NA
INTRODUCTION:
Randy Noecker has made application to the City's Engineering Department for a grading permit to
allow stockpiling. On October 5th the Council referred the grading pennit to the Planning
Commission for review. The Engineering Department's report and recommended conditions of
approval are attached for the Commission's information.
ALTERNATIVES:
1. Recommend to the City Council approval ofthe grading permit with conditions as
recommended by engineering staff.
2. Recommend to the City Council approvalofthe grading permit with revised conditions.
3. Recommend denial of the requested grading permit.
ACTION REQUESTED:
Offer a motion making a recommendation to the City Council that is consistent with the
Commission's wishes. dA.~
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R. Michael Leek
Community Development Director
G:\BOM-PC\2004 \10-21 \gradingpermitnoecker.DOC I
,. CITY OF SHAKOPEE
Memorandum
TO: Bruce Loney, Pnblic Works Director d
FROM: Joe Swentek, Project Engineer ~ . ""~
SUBJECT: Noecker Development, LLC Grading Permit
DATE: October 14,2004
Noecker Development, LLC applied for a grading permit to stockpile material on August 10, 2004.
The City of Shakopee responded to the application by requesting Mr. Noecker address several items
listed in a letter dated August 20,2004. A copy of this letter is attached for your use.
As of September 8, 2004, Noecker Development, LLC addressed all items outlined by the
engineering department in the aforementioned letter. ~ .-
On October 5, 2004, the City Council reviewed the permit, offered additional conditions to be met
by the applicant and recommended it go before the Planning Commission at their October 21,2004.
meeting in order to receive their recommendations and to determine if the grading permit could
potentially compromise future plat approval considerations.
Since the applicant has addressed, or would be required to address prior to pennit issuance, all items .
outlined by the City of Shakopee, a grading permit could be approved. However, if a grading permit
were approved, I suggest the following supplemental conditions be attached to the permit: .
. The applicant shall pay an unauthorized grading fee for all material placed illegally.
. The applicant agrees to hold the City of Shakopee harmless for any claims arising out ofthe
City issuing the grading permit prior to approval of a preliminary plat.
. The applicant shall contact the City of Shakopee engineering department twenty-four (24)
hours in advance of all proposed land disturbing activity (this includes the placement of any
fill onsite).
. All erosion control items shall be furnished and installed by the applicant and accepted by
the City of Shakopee prior to constmction. The applicant shall contact the City of Shakopee
engineering department to arrange an inspection.
e All erosion control measures shall be routinely inspected by the applicant and replaced as
necessary or as directed by the City of Shakopee.
Iil County Road 16 shall be kept free of any offsite sediment tracking. The installation of a
rock construction entrance may be required.
e The applicant shall maintain dust control operations onsite for the haul roads throughout the
grading permit process until final completion.
e No slopes shall exceed four (4) feet horizontal to one (1) foot vertical. The berm height
shall not exceed six (6) feet.
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. The applicant shall place six (6) inches of topsoil over all land disturbed. Exposed soil shall
be seeded and mulched in accordance with NPDES Phase IT requirements.
. The applicant shall obtain a~l necessary Scott County permits prior to any land disturbing
activity.
. The grading permit shall be valid for one (1) year from the date of approval. Once this time
period has expired, the applicant shall be required to apply for a new permit.
. The applicant shall comply with all conditions set forth by Terry Meiller, Natural Resource
Specialist, in his memo dated October 5, 2004.
. The grading permit limits the amount of fill to a maximum of 30,000 cubic yards.
. The fill placed shall be clean, structural fill free from deleterious materials (this includes but
is not limited to large rocks, trees, street sweepings, organic material, recycled material,
hazardous materials, etc.). It shall be subject to soil sampling and testing prior to placement
onsite at the City's discretion.
. The applicant shall provide the City with an acceptable form of security in the amount of
$1,000 per disturbed acre for the proposed land disturbing activity.
. Should the applicant fail to comply with any of these conditions or any other conditions set
forth by the City Code, the City of Shakopee's General Specifications and standard Detail
Plates or the City of Shakopee's Design Criteria, it shall be cause for revocation of the
grading permit.
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CITY OF SHAKO PEE
Memol'altdwn
TO: Mayor & City Council
Mark McNeill, City Administrator
FROM: Bruce Loney, Public Works Director
SUBJECT: Approval of Grading Permit for
Noecker Development LLC
DATE: September 21, 2004
INTRODUCTION:
Noecker Development LLC has applied for a grading permit to stockpile material on
August 10, 2004. This agenda item is to consider approving this grading permit and what
conditions should be attached to this permit for the Noecker Development LLC.
BACKGROUND:
Randy Noecker, of Noecker Development. LLC, is proposing to stockpile material on the
site that he previously had tried to plat earlier; Mr. Noecker applied for a grading permit
on August 10, 2004 to bring in additional material for future development of this site.
Staff did inform Mr. Noecker, in 2003, that he did place material illegally without a
grading permit on this land that he proposed additional material. Also, he may have
placed additional material without a grading permit in 2004. Staff is not positive of that,
but there is some indication that additional material has been placed this year. One of the
conditions in the approval of a grading permit, is that the applicant pay for an
unauthorized grading fee for all material placed in 2003 and 2004. Essentially, this
would be a double permit fee for the illegal activity.
The other main issue associated with this proposal is that Mr. Noecker is not the fee
owner of the parcel in which he proposes to place material. The existing pr,?perty owner
is Terry Hanson and Rod Krass, attorney for Terry Hanson, has agreed via e-mail that
Noecker has the right to stockpile for development purposes. .staff has added this as a
condition for approving the grading permit, that evidence be provided to the City that the
owner has consented to the proposed stockpiling and attached is the e-mail from the
property owner's attorney.
Staff is bringing this grading permit to Council, as this is a major grading operation
proposed for property that has not been subdivided or gone through a preliminary plat
process. The drawings that have recently been submitted by Mr. Noecker would be in an
area that should not hinder any future approval process. One of the conditions is for Mr.
.,
Noecker to agree that the applicant holds the City of Shakopeeharmless for claims
arising out of the City issuing the grading permit, prior to approval of a preliminary plat.
Attached to this memo is a memorandum from Mr. Joe Swentek, Project Engineer,
reviewing the grading pennit proposal with suggested conditions to be attached to the
permit and agreed to by the applicant for the grading permit to be approved. Also
attached is a memorandum from Michael Leek, Community Development Director, and
Mark Themig, Park and Recreation Facilities Director, on the review of the Noecker
grading permit proposal.
. One other condition that staff feels important, and incorporated as a condition, is a limit
on the timeline for stockpiling of material. Staff would recommend a one-year period
from the date of issuance of the permit. Also, the applicant is required to contact the City
of Shakopee Engineering Department 24 hours in advance of any proposed land
disturbing activity. Staff would also recommend if this condition is not met, that the
applicant grading permit would be revoked and would need to re-apply.
ALTERNATIVES:
1. Move to approve a motion approving a grading pennit for Noecker Development
LLC, with conditions' as outlined in this memo and the memorandum from Joe
Swentek, Project Engineer.
2. Move to approve a motion approving a grading permit for Noecker Development
LLC, with conditions as outlined by this memo and memorandum from Joe
Swentek, Project Engineer, and as modified by the City Council.
3. Do not approve a grading permit at this time.
4. Table for additional information.
RECOMMENDATION:
Staff would recommend Alternative No.1, as the applicant could proceed with
stockpiling material in the location, as shown on his grading pennit application, with
compliance to the conditions as outlined in this memo. If Council wants to add
conditions to the grading pennit, then Alternative No.2 is recommended.
ACTION REQUESTED:
Move to approve a motion approving a grading permit for Noecker Development LLC,
with conditions as outlined in this memo and the memorandum from Joe Swentek,
Project Engineer.
~~
Public Works Director
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ENGRlEMPLOYEEFOLDERJPPENNINGTONICoUNCtIJNOECKER.
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CITY OF SHAKOPEE
Memorandum
TO: Bruce Loney, Public Works Director
FROM: Joe Swentek, Project Engineer 4-~4/~
SUBJECT: Noecker Development, LLC Grading Permit
DATE: September 30, 2004
Noecker Development, LLG applied for a grading permit to stockpile material on August 10,2004.
The City of Shakopee responded to the application by requesting Mr. Noecker address several items
listed in a letter dated August 20, 2004. A copy oftms letter is attached for your use.
As of September 8, 2004, Noecker Development, LLC addressed all items outlined by the
engineering department in the aforementioned letter. Therefore, a grading permit could be approved
from the engineering department's standpoint. .
However, if a grading permit were approved, I suggest the following supplemental conditions be
attached to the permit:
Cl The applicant shall pay an unauthorized grading fee for all material placed illegally.
Cl The ,applicant agrees to hold the City of Shakopee harmless for any claims arising out of the .
City issuing the grading permit prior to approval of a preliminary plat.
a The applicant shall contact the City of Shakopee engineering department twenty-four (24)
hours in advance of all proposed land disturbing activity.
a All erosion control items shall be furnished and installed by the applicant and accepted by
the City of Shakopee prior to construction. The applicant shall contact the City of Shakopee
engineering department to arrange an inspection.
a All erosion control measures shall be routinely inspected by the applicant and replaced as
necessary or as directed by the City of Shakopee.
0 County Road 16 shall be kept free of any offsite sediments tracking. The installation of a
rock construction entrance may be required.
0 The applicant shall maintain dust control operations onsite for the haul roads throughout the
grading permit process until final completion.
a No slopes shall exceed four (4) feet horizontal to one (1) foot vertical. The berm height
shall not exceed six (6) feet.
0 The applicant shall place six (6) inches of topsoil over all land disturbed. Exposed soil shall
be seeded and mulched in accordance with NPDES Phase n requirements.
0 The applicant shall obtain all necessary Scott County permits prior to any land disturbing
activity:
0 The grading permit shall be valid for one (1) year from the date of approval. Once this time
period has expired, the applicant shall be required to apply for a new permit.
0 The applicant shall comply with all conditions set forth by Terry Meiller, Natural Resource
Specialist, in his memo dated September 15, 2004.
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CITY OF SHAKO PEE
MEMORANDUM
To: Joe Swentek, Project Engineer
From: Terry Meiller, Natural Resource Specialist '~1s-lc:"'{
Date: October 5, 2004
subject: Randy Noeker Grading Plan (Revision of Original Memo)
Introduction:
The following is a list of conditions pertaining to natural resource issues for the Randy
Noeker grading plan application.
Discussion:
There are inconsistencies in the number of wetlands identified and delineated in the
revised survey dated August 28,2004 and a previous wetland permit application dated
January 23, 2003. The revised survey submitted for the grading, draina~e, and erosion
control plan does not identify wetlands that are present on site near proposed haul
routest nor does it identify wetlands in other locations.
. .
I discussed my original memo regarding silt fence running along the entire haul route
with Mr. Noeker on Oct. 4, 2004. We agreed that silt fence along the entire stretch of
. road is unnecessary; however the adjacent wetland areas along the travel route will still
need to be protected. These wetland areas will be protected from sedimentation and
erosion by silt fence until a plan is submitted showing any mitigation efforts for these
areas.
!iecommendationlConditions:
1. Clearly identify all wetlands on site that are within 500' of the proposed haul
route. Wetland boundaries need to be staked and clearly mark.ed.
2. Silt fence shall be installed along the perimeter of any wetland adjacent to traffic
areas to protect the wetland from sedimentation. This may require silt fence
around the entire wetland area or by following exiting contours upstream of the
wetland to the extent that the whole wetland area is protected. A site inspection
prior to issuing a grading permit shall be conducted by the Natural Resource
Specialist.
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SHAKOPEE
August 20, 2004
Randy Noecker
Noecker Development, LLC
8315 Pleasant View Drive
Mounds View, MN 55112
.. .
RE: Grading Permit Application
Dear Mr. Noecker:
On August H>, 2004, the City of shakopee received your grading permit application
proposing to stockpile material at 7301 Eagle Creek Boulevard and on Terrance W.
Hanson's property (pID: 27-914001-1). The City of Shakopee's Development Review
Coron:lltlee discussed the application on August 11, 2004 and determined the
application is not complete at this time,' and additional inforznation would be required in
orc1,er to.review the grading permit for possible approval.
PleMenote all comments at this tiIne are preliIninary. Once the outlined infonnation is
provided, additional comments may follow. A list Of the information requested from
the Community DevelopmentIPlanning department, the Engineering department and
Natural Resources is as follows:
~ommunitv DevelopmentIPlanning Department:
\. provide proof of ownership for, all parcels shown on the certificate of survey
where the applicant proposes to stockpile material or provide evidence of the
owner's approval ofthe proposed stockpiling of material.
2. Show the shoreland overlay zone on the certificate of survey.
3. It should be noted the grading pennit is for a site guided for single-family
residential development. Future preliminary plat applications should reflect this.
4. N, per City Code, the commissioner of the Department of Natural Resources
shall authorize arty alterations below the ordinary high water level prior to
commencing any land disturbing activity.
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Engineering Department~
1. Provide a separate "Grading, Drainage and Erosion Control Plan" showing the
same information as the certificate of survey with the addition of the following
. items:
. Show the existing contours of the material placed illegally during the
summer of 2003 and submit detailed earthwork calculations of the amount of
material deposited without a grading permit.
. Show existing contours ~o one-hundred (l00) feet offsite.
. Show the proposed limits of all clearing and grubbing.
. Show the proposed contours of all material to be placed under this grading
permit. The proposed berm(s) shall not have slopes greater than four (4) feet
horizontal to one (1) foot vertical. The berm shall not exceed six (6) feet in
height.
. Show all proposed erosion control measUres (silt fence, rock construction
entrance, erosion control blanket, turf establishment req,uirements, etc.).
. Show the ordinary high water level of the Prior Lake - Spring Lake channel
and all the delineate.d wetlands onsite.. .
0 Remove all proposed fill from within three (3) vertical feet of all ordinary
high water levels.
. Provide the approved wetland. delineation report and approved wetland
mitigation plan for the site. . .
0 Provide a signature block on the grading, drainage :and erosion control plan
for the professional engineer responsible for preparing the plan.
e Denote the total area disturbed on the grading, drainage and erosion control
plan.
2. Provide detailed earthwork calculations for the proposed material to be
stockpiled.
3. Provide a detailed cost breakdown for the installation of all erosion control
measures, the stripping of topsoil, the berming onsite, the re-spreading of topsoil
and the establishment of turf (for all material hauled in 2003 and all material
proposed to be hauled in 2004).
4. Provide a copy of the site's NPDES permit.
5. Provide a copy of all applicable Scott County permits (access, right-of-way,
etc.).
6. Provide a letter stating the applicant is proceeding with the proposed land
disturbing activities without preliminary plat approval from the City of
Shakopee and is, therefore, doing so at their own risk.
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~atural Resources:
The woodland management ordinance, Section 11.60, Subdivision 9 of the
Shakopee City Code, states, "Any applicant who desires to remove any tree on any
parcel of land containing a woodland must submit a woodland management plan to
the City and must demonstrate there are no feasible or prudent alternatives to
removing any tree."
Since this is a new application, the previous woodland management plan submitted
is not valid. In order to comply with the ordinance, you must submit a new or
revised woodland management plan to the City and' demonstrate there are no
feasible or prudent alternatives to removing any tree. The woodland management
plan must consist of a surveyor scaled drawing showing the topography,
boundaries, woodlands, fens, wetlands and individual trees or vegetation with an
overlay of the proposed improvements including, but not limited to, streets, building
pads, driveways, utilities, structures and facilities. The drawing shall clearly
illustrate the areas of trees and woodlands proposed for removal and the manner by
which the applicant intends to replace the removed trees;
If your development plan bas not been !inalized and you are only submitting a
grading permit, the plan will not be approved at staff leveL You will need to present
your woodland management plan to the Environmental Advisory Committee for
consideration and they will issue a recommendation ~o the City Council.
Prior to. issuing the grading permit, the City will need to conduct a site inspection to
ensure the required tree protection fence is installed and you have complied with the
Woodland Management Regulations. No grading or fill activitiesmav occur on
the site until after this ins ection is com 1ete.
Finally, you must remove all proposed fill from within the Bluff Impact Zone
(defined as twenty-feet from the top of a bluff). For purposes of the City's
shoreland regulations, a "bluf!" is defined as ".. . a hill, cliff, or embankment having
the following characteristics:
0 Part or all of the future is located in a shoreland area;
0 The slope rises at least twenty-five (25) feet above the ordinary high water
level ofthe waterbody;
II The grade of the slope from the toe of the bluff to a point twenty-five (25)
feet or more above the ordinary high water level averages 30% or greater;
and
0 The slope must drain toward the waterbody,"
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?,;~d~r.:
Since the Preliminary Plat for these properties was previously denied and is no longer
an active application, City staff will bring the grading penuit application and woodland
management plan to the Environmental Advisory Committee and to the City Council
for their comments and recommendations. The Environmental Advisory Committee's
next meeting is scheduled for Wednesday, September 8th. Please contact Mark Themig
to discuss what information you will need to provide the Environmental Advisory
Conuni.ttee. Comments from each meeting will be forwarded to your attention.
If you have any questions concerning these comments or require additional information
from. City staff, please contact me at (952) 233-3800 or jswentek(CV,ci.shakopee.mn.us.
Sincerely,
e:J~~
oe Swentek
Project Engineer
cc: Mark McNeill, City Administrator
.Bruce Loney, Public Works Director/City Engineer
Michael Leek, Community Development Director
Mark Themig, Park and Recreation Director. .
Pat Lynch, Department of Natural Resources
Terrance Hanson
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From: Michael Leek
To: Broce Loney
Cc: Joe Swentek
Subj ect: RE: Hanson Property
That is cOlTect, Mr. Krass has asserted that his e-mail constitutes assent on Mr. Hanson's behalf.
-----Original Message-----
From: Bruce Loney
Sent: Monday, September 27,20049:50 AM
To: Michael Leek
Cc: Joe Swentek
subject: RE: Hanson Property
It is going to council on October 5th and what yoti are saying is that via email the owner's
attorney is assenting to the stockpiling on Terry hansen's property, thus we can proceed. From
engineering point of view. there are no other issues with the permit application at this time. Jeff
and Joe will check out the access for the stockpiling to see there are no problems.
-----Original Message----- .
From: Michael Leek
sent: Monday, September 27,20049:20 AM
To: Bruce Loney
Cc: Joe Swentek
Subject: RE: Hanson Property
The ownership assent issue is resolved by this; if there are no other issues, then it
could go to Council for issuance, ifthatwas still your)lan.
-----Original Message----
From: Bruce Loney
Sent: Monday, September 27,20049:15 AM
To: Michael Leek
Cc: Joe Swentek
Subject: RE: Hanson Property
Does this mean that we can issue the grading permit for Randy Noecker???
[Bruce Loney] -----Original Message-----
From: Michael Leek
Sent: FridaYI September 24,200410:17 AM
To: 'Rod Krass'
Cc: Bruce Loney; Joe Swentek
Subject: RE: Hanson Property
Rod -
Well! proceed under the assumption that, as his attorney, you have
authority to assent to the application on behalf of Mr. Hanson. The
dilemna from the City's perspective has been 1) that the City is not
a party to either the purchase agreement or the suit, and so is not
necessarily bound by either; and 2)since Mr. Noecker does not
have a city-approved development plan from the city's perspective
the proposed stockpiling is not necessarily related to a
11 development. fI
. Michael Leek
Community Development Director
City of Shakopee, MN55379
Phone 952.496-9677, Fax 952.233-3801
e-mail address: mleek@ci.shakopee.mn.us
-----Original Message-----
From: Rod Krass [mailta:Rodk@krassmonroe.com]
Sent: Thursday, September 23,20043:02 PM
To: MLeek@ci.shakopee.mn.us
tc: JPerry@Briggs.com; Terrance W. Ha,nson (E-mail)
Subject:. Hanson Property
Michael- as I have mentioned in previous correspondence, if the
stockpiling requested by Noecker Development on Terry
Hanson's land is related to the development of that land, Mr.
Noecker is entitled under the PA he has with Terry to such
stockpiling. Mr. Noecker's attorney Jack Perry has advised me
that is the case. Consequently, please accept this e-mail from
me as Mr. Hanson's attorney as granting such authority so Mr.
Noecker can get an with his grading of the property. I would
appreciate it if you could send me a copy of the application and
permit at your convenience. If you need something more formal
from us, please advise. Thanks much- Rod Krass
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SHAKDP!EE GRADING PERMIT SltAXDP'E:i l:!iG~G DIP J.llTl(Eh1'
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