HomeMy WebLinkAbout15.D.2. Grasing Permit for Noecker Development LLC
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CITY OF SHAKOPEE
MEMORANDUM
To: Joe Swentek, Project Engineer
From: Terry Meil/er, Natural Resource Specialist ';;~s-(c'Y
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, drainage, and erosion
control plan does not identify wetlands that are present on site near proposed haul
routes. 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.
Recommendation/Conditions:
1. Clearly identify all wetlands on site that are within 500' of the proposed haul
route. Wetland boundaries need to be staked and cLearly marked.
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.
J 5. 0,;2.. ~
CITY OF SHAKOPEE
Memorandum
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 notthe 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 ofthe conditions is for Mr.
Noecker to agree that the applicant holds the City of Shakopee harmless for claims
arising out of the City issuing the grading permit, prior to approval ofa preliminary plat.
Attached to this memo is a memorandum from Mr. Joe Swentek, Project Engineer,
reviewing the grading permit 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 permit 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 permit application, with
compliance to the conditions as outlined in this memo. If Council wants to add
conditions to the grading permit, 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.
~s
Public Works Director
BU~mp
ENGRlEMPLOYEEFOLDERlPPENNINGTON/COUNCIllNOECKER
CITY OF SHAKOPEE
Memorandum
TO: Bruce Loney, Public Works Director
FROM: Joe Swentek, Project Engineer 4--~v~
SUBJECT: Noecker Development, LLC Grading Permit
DATE: September 30, 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 ofthis 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:
0 The applicant shall pay an unauthorized grading fee for all material placed illegally.
0 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.
0 The applicant shall contact the City of Shakopee engineering department twenty-four (24)
hours in advance of all proposed land disturbing activity.
0 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.
0 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.
0 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 oftopsoil over all land disturbed. Exposed soil shall
be seeded and mulched in accordance with NPDES Phase II 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 SHAKOPEE
MEMORANDUM
To: Joe Swentek, Project Engineer
From: Terry Meiller, Natural Resource Specialist
Date: September 15, 2004
Subject: Randy Noeker Grading Plan
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, drainage, and erosion
control plan does not identify wetlands that are present on site near proposed haul
routes, nor does it identify wetlands in other locations.
Recommendation/Conditions:
1. Clearly identify all wetlands on site that are within 500' of the proposed haul
route. Wetland boundaries need to be staked and clearly marked.
2. Silt fence shall be installed along all traffic areas to protect wetland areas from
erosion and sedimentation and inspected prior to issuing a grading permit. Silt
fence will begin at the Northeast corner of the existing steel shed and run the
entire haul route to the stOCkpile area.
Respectfully,
;:;~~
Terry Meiller
Natural Resource Specialist
City of Shakopee
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 10, 2004, the City of Shako pee received your grading p~rmit application
proposing to stockpile material at 7301 Eagle Creek Boulevard and on Terrance HW.
Hanson's property (PID: 27-914001-1). The City of Shakopee's Development Review
Committee discussed the application on August 11, 2004 and determined the
application is not complete at this time, and additional information would be required in
order to review the grading permit for possible approval.
Please note all comments at this time are preliminary. Once the outlined- information is.
provided, additional comments may follow. A list of the information requested from
the Community Development/Planning department, the Engineering department and
Natural Resources is as follows: -.
Communitv Development/Planning Department:
1. 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 of the proposed stockpiling of material.
2. Show the shoreland overlay zone on the certificate of survey.
3. It should be noted the grading permit is for a site guided for single-family
residential development. Future preliminary plat applications should reflect this.
4. As per City Code, the Commissioner of the Department of Natural Resources
shall authorize any alterations below the ordinary high water level prior to
commencing any land disturbing activity.
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COMMUNITY PRIDE SINCE 1857
129 Holme, Sln;"l South' Shukort:c. ,\ljnne,ol~ . 55379-! 35: . 952-233-3BfJ1J . E.l"X 052-233-3~,l)i . \'. \\\'._,i.,h~kup~c.mi!.u,
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 to one-hundred (100) 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 requirements, etc.).
. Show the ordil1aIJ' high ",a~er level. of the Prior Lake - Spring Lake channel
and all the delineated wetlands onsite.
. 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 planfor the site.
. Provide a signature block on the grading, drainage and erosion control plan
for the pr()fes~~o~aL~Jlgj1l;yer~esponsible forpreparing the plan.
. Den-ote tlie to!afarea disturbed on the grading, drainage ~and erosion control
plan. ..
2. Provide detailed~artl1\Vorkcalctllations 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, theberming onsite, the re-spreading of topsoil
and the establislnnent 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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Natural 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 ofa 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 has not heen finalized 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 to 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 RegJ.llations. No 2radin2 or fin activities may occur on
the site until after this inspection is complete.
Finally, you must remove all proposed fill from within the Bluff hnpactZone
(defined as twenty-feet from the top of a bluff). For purposes of the City's
shoreland regulations, a "bluff' is defined as "... a hill, cliff, or embankment having
the following characteristics:
. Part or all ofthe future islocated in a shoreland area;
. The slope rises at least twenty-five (25) feet above the ordinary high water
level ofthe waterbody;
. 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
. The slope must drain toward the waterbody."
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Since the Preliminary Plat for these properties was previously denied and is no longer
an active application, City staff will bring the grading permit 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
Committee. Conunentsfrom 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 iswentek01ci.shakopee.mn.us.
Sincerely,
~Jcr,~
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: Bruce Loney
Cc: Joe Swentek
Subject: RE: Hanson Property
That is correct, 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 you 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.
-----Orig i na I 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, if that was still your plan.
-----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: Friday, September 24, 2004 10:17 AM
To: 'Rod Krass'
Cc: Bruce Loney; Joe Swentek
Subject: RE: Hanson Property
Rod-
We'll 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
"development. "
Michael Leek
Community Development Director
City of Shakopee, MN 55379
Phone 952.496-9677, Fax 952.233-3801
e-mail address: mleek@cLshakopee.mn.us
-----Original Message-----
From: Rod Krass [mailto:Rodk@krassmonroe.com]
Sent: Thursday, September 23,20043:02 PM
To: MLeek@ci.shakopee.mn.us
Cc: JPerry@Briggs.com; Terrance W. Hanson (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 on 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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