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HomeMy WebLinkAbout10/ 01/1996 TENTATIVE AGENDA CITY OF SHAKOPEE REGULAR SESSION SHAKOPEE CITY COUNCIL OCTOBER 1, 1996 LOCATION: 129 Holmes Street South Mayor Jeff Henderson presiding 1] Roll Call at 7 : 00 P.M. 2] Approval of Agenda 3] Resolution of Appreciation - Richard Mulcrone 4] Liaison Reports from Councilmembers 5] Mayor' s Report 6] RECOGNITION BY CITY COUNCIL OF INTERESTED CITIZENS *7] Approval of Minutes: August 27, and September 3, 1996 *8] Approve Bills in the Amount of $479, 367 . 86 9) Communications 10) Public Hearings 11] Recommendations From Boards and Commissions *A] Final Plat of Prairie Village 1st Addition located east of the new St. Francis Regional Medical Center, Res. No. 4524 *B] Canterbury Park 2nd Addition Planned Unit Development located south of Canterbury Park, north of CR-16 and the bypass, Ord. No. 465 *C] Norbert Theis Planned Unit Development located west of CR-79 and north of the bypass, Ord. No . 466 D] Request from Midwest Commercial Development to rezone 26 acres from AG to B-1, Ord. No. 464 12] General Business A] Community Development *a. Environmental Assessment Worksheet for ADC Telecommunications, Inc. - Res. No. 4525 b. ADC Telecommunications, Inc. - Memorandum of Understanding TENTATIVE AGENDA 11 October 1, 1996 Page -2- 12) General Business continued B] Engineering a. Accepting Bids for 10th Avenue and Swift Street Bituminous Overlay, Project No. 1996-10, Res. No. 2526 *b. Valley Park 13th Addition Wetland Replacement, Res. No. 4528 *c. Ordering A Report On Street Light Improvements On Monroe Street from 11th Ave. to 12th Ave . , Res. No. 4527 *d. Accepting Work on St. Francis Regional Medical Center Sanitary Sewer and Watermain Improvements, 1995-2, Res. No. 4531 *e Declaring Cost to be Assessed and Setting Hearing for Vierling Drive from CR-79 to CR-77, 1995-6, Res. No. 4529 *f. Declaring Cost to be Assessed and Setting Hearing for Vierling Drive from CR-15 to Presidential Lane, 1994-7, Res. No. 4530 g. Grading Permit Fee for Scott County Associated with CR-18 C] Police/Fire D] General Administration a. Salary Adjustment - Park & Recreation Director b. City Attorney Replacement Discussion *c. Appointment of Election Judges - Res . No. 4522 *d. Community Development Director Pay Adjustment, Res. No. 4532 e. Authorize Dial-A-Ride Services for ECFE *f. Exemption from Lawful Gambling License - Murphy' s Landing 13] Other Business 14) Recess for an executive session to discuss labor negotiations 15] Re-convene 16] Adjourn to Tuesday, October 15, 1996 at 7 : 00 P.M. *Anticipated to be routine items. OFFICIAL PROCEEDINGS OF THE CITY COUNCIL ADJ.REG.SESSION SHAKOPEE, MINNESOTA AUGUST 27, 1996 Mayor Henderson called the meeting to order at 6:41 P.M. (following the worksession) with Councilmembers DuBois, Zorn and Sweeney present. Cncl. Link was absent. Also present: Mark McNeill, City Administrator; Gregg Voxland, Finance Director; Judith S. Cox, City Clerk;Bruce Loney, Public Works Director; and Michael Leek, Acting Community Development Director. Mayor Henderson added items to the agenda: 3a) Planner I Hire, and 3b) Requesting of Lapel Mikes. Sweeney/Zorn moved that Michael Leek's increase in salary to $47,735 while serving as Acting Community Development Director become effective August 21, 1996. Cncl.Sweeney suggested that a policy be established addressing increased compensation for employees who temporarily fill a vacant position until the position is filled. Motion carried unanimously. Zorn/DuBois moved to approve the hiring of Jared Andrews as Planner I at Step 1 of the Planner I position pay range, effective September 23, 1996, conditioned upon successful completion of a physical. Motion carried unanimously. Zorn/DuBois moved to request the Community Access Corporation to explore options and upgrade the microphones in the council chambers. Motion carried unanimously. Zorn/DuBois moved to adjourn at 6:49 P.M. Motion carried unanimously. • VA- 4)4 . e7)6 ith S. Cox ty Clerk Recording Secretary OFFICIAL PROCEEDINGS OF THE CITY COUNCIL REGULAR SESSION SHAKOPEE, MINNESOTA SEPTEMBER 3, 1996 Mayor Jeff Henderson called the meeting to order at 7:01 P.M. with Councilors Jane DuBois, Burl Zorn, Robert Sweeney, and Clete Link present. Also present: Mark McNeill, City Administrator; James Thomson, City Attorney; Michael Leek, Planner H; Bruce Loney, City Engineer/Public Works Director; Gregg Voxland, Finance Director; and Judith S. Cox, City Clerk. The following item was deleted from the agenda: 8.a.) Joel Cole, extending greetings from the Prime Minister of the Farce Islands. The following items were added to the agenda: 11.A.e.1.).) EAW Trunk Sanitary Sewer Application, 11.A.e.2.) Consultant Contract, 11.D.d.) Transit Tax Line Item for Tax Statements. Zorn/DuBois moved to approve the agenda as modified. Motion carried unanimously. There were no liaison reports or Mayor's report given. Mayor Henderson asked if there was anyone present in the audience who wished to address the Council on any item not on the agenda. There was no response. Sweeney/Zorn moved to approve the Minutes of August 6, 1996. Motion carried unanimously. Zorn/DuBois moved to approve bills in the amount of$219,511.01. Motion carried unanimously. Michael Leek reported that the Planning Commission had recommended that the developer of French Trace prepare a proposal showing a connection to the property to the east. After review the Planning Commission recommends approval of the preliminary plat without the connection to the east, adding that a hold harmless agreement may be necessary regarding work done subsequent to the preliminary plat approval, until the EAW process is completed. Cncl.Sweeney stated that he would be abstaining from discussion and voting on this plat. Discussion ensued regarding access into and out of French Trace, sanitary sewer and dead end streets. Bruce Loney explained that in looking at road connections to the east orderly extension of access and utilities to adjoining parcels are considered to allow development. He also said it is better to have a sewer pipe and utilities under a public street. In response to a question as to whether the infrastructure plans for utilities are completed and approved, Mr. Loney explained this has been a problem in this area as the watermain, streets, sanitary, and storm sewer outlet are in different locations. He added that the reason for not having French Trace Road go straight through is it would create another collector street south of 17th Avenue. Official Proceedings of the September 3, 1996 Shakopee City Council Page -2- Gary Laurent, Laurent Builders, approached the podium and explained that this is an issue of neighborhood quality for French Trace and nearby neighborhoods. He expressed concern for French Trace going through as it would create a collector street with increased traffic through the neighborhood. He said the problem with an east-west connection is that it would encourage more traffic. He added that the idea of French Trace Road is to deliver traffic to Sarazin St, and north or south from Sarazin Street. He said that his company understands that they would not be able to connect to sewer until it is made available to this site until after an EAW is completed. Zorn/DuBois offered Resolution No. 4492, Approving The Preliminary Plat For French Trace, and moved its adoption with the additional condition that French Trace Road is extended to the East. In response to a question as to how storm water trunk charges will be assessed, Mr. Leek explained that if the fee is approved prior to final plat approval the storm water trunk fees would be paid by the developer. DuBois/Zorn moved to amend the motion to state that approval is contingent upon the completion of an EAW for the Sanitary Sewer extension and the developer entering into an agreement holding the City harmless for any claims arising out of the City approving the Preliminary Plat prior to the completion of the EAW. The amended motion carried unanimously with Cncl. Sweeney abstaining. Main motion, as amended carried unanimously with Cncl. Sweeney abstaining. Michael Leek reported that Gold Nugget Development, Inc. has requested preliminary plat approval for The Meadows South. The proposed plat is 13.2 acres and includes 64 dwelling units in 10-twinhome buildings and 11 quad-buildings and two public streets. Also for consideration is a variance for a front yard setback of 15 feet which will be heard by the Planning Commission. The proposed plat as submitted is consistent with subdivision regulations. The Planning Commission has reviewed and recommended approval of the preliminary plat subject to conditions. In response to a question regarding parking provisions, Mr. Leek explained that City Code requires two off street spaces per unit. In addition to a two car garage and a driveway, the developer is proposing additional parking spaces in the area of the quad homes. DuBois/Link offered Resolution No. 4493, A Resolution of the City of Shakopee Approving the Preliminary Plat for The Meadows South, and moved its adoption. Discussion ensued regarding City Code requirements and density in relation to parking. Cncl. Sweeney noted that the City Code allows an R-2 density of 5-11 units per acre and this plan has a density of 6.7 units per acre. He added that the number of units could almost be doubled and still meet the code and would create additional parking problems. Official Proceedings of the September 3, 1996 Shakopee City Council Page -3- Horst Graser, Gold Nugget Development, approached the podium and stated that the revised plan meets the Planning Commission's contingencies. He explained that the street width was increased from 24 feet to 28 feet and there are 6 on street parking spaces. He explained that the intent was to provide as much on street parking in conjunction to off street parking. Twinhomes were chosen to market to the elderly and retired and this type of development warrants shorter driveways and a larger setback. Michael Leek noted that the revised plan provides for four parking spaces to one unit. He also pointed out the concern for berming is due to the site abutting the bypass and the commercial site to the east has some potential impacts for the proposed plat and the existing single family neighborhood, limiting opportunities for access. Motion carried 4-1 with Cncl. Zorn opposed. A break was taken at 8:20 P.M. The meeting re-convened at 8:31 P.M. Mayor Henderson noted the presence of Gary Morke and Deb Amundson, members of the Economic Development Authority (EDA). Gregg Voxland reported that the Economic Development Authority has acted by resolution to adopt the 1997 tax levy in the amount of$102,394, noting this is the same tax levy as the past two years. This levy must be certified as a proposed levy by September 15th along with a City Tax Levy. In response to a question as to whether all money has been used in the last two years Mr. Voxland provided a budget summary. Zorn/Link offered Resolution No. 4500, A Resolution Levying a Tax at the Request of the Economic Development Authority for the City of Shakopee, and moved its adoption. Motion carried 4-1 with Cncl. DuBois opposed. Michael Leek reported that conflicts between pedestrians and bicyclists on sidewalks has been brought to the attention of the EDA. The EDA has recommended a bike lane be striped to help reduce those conflicts. Mr. Leek also noted that the trail plan has been in the process of revision which staff hopes to present to the Planning Commission this fall. Discussion ensued regarding the charter of the EDA in relation to the bike trail. Zorn/DuBois moved to refer this issue (striping a bike path on 10th Avenue) to the Park and Recreation Department. Discussion ensued regarding state law in relation to striping bicycle paths. Bruce Loney explained that if done in conjunction with street striping this could cost approximately $500.00 - $750.00 a year. Official Proceedings of the September 3, 1996 Shakopee City Council Page -4- Cncl.Sweeney stated that he would like to see recommendations from boards and commissions relating to their issues/charge only. Motion carried 3-2 with Cncl. Sweeney and Mayor Henderson opposed. Michael Leek reported that the EDA had discussed the impact that code enforcement can have on the community as new residents and/or new businesses are induced to come to the community. There was concern as to whether or not there was adequate code enforcement that has an adverse impact on the image of the community as you enter. The EDA recommended that the Council look at steps to improve enforcement of existing codes. Mr. Leek noted that code enforcement is conducted on a complaint basis. Discussion ensued regarding the concern for additional enforcement as it relates to authorized staff hours and the budget. Zorn/DuBois moved to forward this issue (code enforcement to improve the City's image) to the Police Department. Discussion ensued as to where the responsibility for code compliance lies. Gary Morke, EDA member, approached the podium and explained that the concern was related to City Code regarding signage rather than enforcement. Mayor Henderson expressed concern for having a method to deal with items such as this at the Council level. Motion carried 3-2 with Mayor Henderson and Cncl.Sweeney opposed. Michael Leek reported that the EDA has concerns of disparities for compensation levels for City Boards and/or Commissions and asked the Council to review the compensation for Boards and Commissions. Discussion ensued as to what Boards or Commissions are paid, when required by statute, and which are strictly volunteer. Sweeney/Link moved to direct staff to review compensation levels for Boards and Commissions. Motion failed unanimously. Michael Leek reported that a request for tax increment financing (17t) assistance from a long- established, successful company has been received. The proposal was for a 7.5 year tax increment district with 5.5 years "pay as you go" TIF. Their intention is to use the increment to reduce the cost of the site and cost of improvements to that site. Official Proceedings of the September 3, 1996 Shakopee City Council Page -5- Michael Leek explained that in the past TIF has been used in special circumstances. The distinguishing factor is that this company proposes to pay $22 million of approximately a $24.6 million project out of cash reserves. The issue is whether or not City Council wants the City staff to proceed with negotiations for TIF. Mark McNeill explained that this is a policy decision and discussion ensued regarding risk. Zorn/Link moved to direct staff to move forward with discussions with the company (interested in tax increment financing). Discussion ensued regarding the company's previous contact with the previous City Administrator regarding the potential use of TIF and the City's application policy. Discussions have focused on the original cost of the project, however there was a short fall based on the estimated costs in relation to the projections. Discussion ensued regarding unexpected expenses. Motion failed 3-2 with Cncls. Link and Zorn in favor. The following items were moved forward on the agenda: 11.B.a.) Fire Station Special Election, and 11.B.b.) Shakopee/Bloomington Fire Mutual Aid Agreement. Mark McNeill reported the Council is being asked to call for a November 5, 1996 vote to allow voters to consider authorizing the issuance of bonds for the construction of a new fire station. 14.51 acres has been approved for purchase, at a cost of $343,240.00 plus assessments. Had the building been constructed as discussed to date, the total budget would have to be $3.85 million. However, several alternatives were discussed to reduce that amount to $3.4 million. Staff feels that by reducing the size of the building and other efficiencies, the project can be constructed within the $3.4 million budget. If taxes for the bonds are first levied in 1996, for taxes payable in 1997, notice would need to be an item included in the "Truth in Taxation" statement. If notice is not given, property owners would not see the impact of the referendum until they got their tax statements next year. Sweeney/Zorn offered Resolution No. 4502, A Resolution of the City of Shakopee, Minnesota, Determining the Necessity for the Issuance of General Obligation Bonds and Calling a Special Election Thereon, and moved its adoption. Motion carried unanimously. Cncl. Sweeney noted that this is a market value referendum and not a tax capacity referendum. DuBois/Sweeney moved to direct the levy for said bond sales to be included in the proposed tax levy effective with taxes payable in 1997. Motion carried unanimously. Official Proceedings of the September 3, 1996 Shakopee City Council Page -6- Sweeney/DuBois moved to authorize the appropriate city officials to execute the Fire Mutual Aid Agreement with the City of Bloomington. Motion carried unanimously. A break was taken at 9:42 P.M. The meeting re-convened at 9:55 P.M. The following item was moved forward on the agenda: 11.B.c.) Civil Defense Warning Siren. Tom Steininger, Chief of Police, approached the podium and explained that the west end of town has developed to the point where an additional siren is necessary. The plan calls for installation of a Whelen 2800-3 siren near K-Mart to provide protection where the siren located at the Municipal Swimming Pool leaves off. Informal quotes were obtained. Although the purchase and installation costs are greater than anticipated when estimates were calculated, there will be enough money in the supplies and services section of the police budget to cover the remainder of this expenditure. Discussion ensued relating to activation, criteria to be met before activation, and maintenance. Sweeney/DuBois moved to authorize and direct the appropriate city officials to purchase a Whelen Model WPS 2800-3 Civil Defense Warning Siren from Front Line Plus Fire and Rescue $11,328.50 plus tax and install it at a location near Town Square Mall. Motion carried unanimously. Discussion returned to the normal order on the agenda: Item 11.A.a.) 1996 Reconstruction Project - Sidewalk Removal. Bruce Loney reported having been contacted by Mrs. Marceline Hickman, 210 Shakopee Avenue, regarding the removal of the existing sidewalk. She has requested that her sidewalk remain. He explained that in conjunction with the discussion on the 1996 Street Reconstruction Project that City Council had given direction that partially completed sidewalks be removed and not replaced. He explained that the sidewalk on Lewis was replaced a few years ago but was not extended beyond her property to the south. The sidewalk on Shakopee Avenue was installed by the property owners and is in relatively good shape. Cncl.Sweeney provided the councilmembers with the history of council's policy on sidewalks. He explained that (during reconstruction projects) a partial sidewalk is either removed or extended the entire block. Discussion ensued and it was noted that the property owner uses the sidewalk for exercise and did pay for the construction of it a few years ago. Mayor Henderson stated he had no problem with allowing the sidewalk to remain as long as the neighbors don't complain and the property owner agrees to maintain it in writing. Discussion ensued regarding responsibility for maintaining the sidewalk and liability. Official Proceedings of the September 3, 1996 Shakopee City Council Page -7- DuBois/Sweeney moved to direct staff to leave the existing sidewalk on Shakopee Avenue from Lewis Street to Sommerville Street and the property owner to assume maintenance. Motion carried 4-1 with Cncl. Sweeney opposed. Bruce Loney reported that in the original agreement for construction of the Mini Bypass the City's share was $1,900,000.00. In supplement No. 1 there was additional lighting, watermain, sanitary sewer construction and associated resurfacing that was not covered in the original agreement (MnDOT Agreement No. 67171). The final amount due to the State is $292,732.93. Of this amount it is estimated that Shakopee Public Utilities Commission's total for watermain replacement and associated work is $140,194.18. The City's share would be $152,538.75. If the agreement between the City of Shakopee and Mn/DOT is approved the City would pay Mn/DOT $292,732.93 and invoice SPUC for the remaining portion. Zorn/Link offered Resolution No. 4431, A Resolution Authorizing the Execution of Supplement No. 1 to Mn/DOT Agreement No. 67171, and moved its adoption. Motion carried unanimously. Bruce Loney gave a brief overview of the Trunk Storm Water Charge Justification Report. Included in the report is the charge that will be developed, how it will be implemented, and the impact to the storm drainage fund by implementing the fee. He explained that the storm water trunk charge is needed in order to build out the storm water system to accommodate future development. The charge for trunk conveyance systems will be $0.07 per net developable foot for all land uses. In addition to the trunk charge a storm water ponding charge has been created for those areas that do not pond for storage and treatment which will be $0.04 per square foot for residential lots with less than 3 lots per acre, $0.07 per square foot for residential lots with more than 3 lots per acre, and $ .13 per square foot for commercial, industrial and institutional property. In order to recoup the cost of Mn/DOT linear ponds it is proposed to apply the trunk storm water charge to developing property that has not been final platted by the date of the adoption of the ordinance. For residential plats, it is proposed to collect the fee at the time of final platting and for commercial and industrial property it would be collected at the time of building permit application. There are two policy issues associated with implementing this charge which require further Council direction. Policy questions for Council are 1) for residential property, whether to allow the option of a three year payment or to pay the charge up front as with the Trunk Sanitary Sewer Charge, and 2) for rural subdivisions, whether to reduce the Trunk Storm Water Charge to a maximum acreage based upon the fact that property will not receive the full benefit until the property is subdivided to a high density. The report also includes a developer credit where the developer would be given credit for trunk storm water systems constructed on his development minus a lateral sewer equivalent cost. The developer would then be responsible for all lateral sewer cost within the development. At$.07 per square foot it is anticipated that the charge would generate approximately $300,000.00 per year. In addition, any property developing near Mn/DOT linear ponds that could utilize the ponds would generate a ponding fee to recoup the Mn/DOT linear pond expense. Official Proceedings of the September 3, 1996 Shakopee City Council Page -8- Discussion ensued regarding subjective judgments in designing criteria for drainage systems and who will pay the charges. Jim Thomson, City Attorney, recommended deferring payments by the use of a developer's agreement and a letter of credit to guarantee payment. He added that the problem with assessing is the requirement to show benefit. Bruce Loney explained that this is setting up a funding mechanism to initiate the process. He believes there will be some situations where projects will cost more than what is in the fund and that the City will have to sell bonds in order to construct the project. There could be shortfalls due to not getting fees back until development occurs and development can't occur until storm drainage systems are in place. Discussion ensued regarding the cost of developing and financing. Klaas Van Zee, Eagle Creek Bluff developer, approached the podium. He explained that by knowing costs up front a developer can deal with the costs. However, if timing is off in the platting process a fee will be charged that was unexpected at the time the property was acquired. He acquired property in 1993 and due to various issues he has made additional consideration with Savage so that he can pond in Savage. He added that there is no way he will have a final plat before the new policy takes effect. He said it is unreasonable to assess his property on a square footage basis for trunk fees when already taken care of. Mr. VanZee explained that based upon the square foot basis he would pay between $133,000 to $170,000 to develop 32 lots. All water flows into Savage or he has created infiltration ponds so no water runs into Eagle Creek, having no impact on Shakopee's infrastructure. Discussion ensued as to whether there should be an exemption for properties that have previously paid to accommodate their storm water runoff. Discussion ensued regarding the fee for rural subdivisions. Cncl.Zorn noted that charging the full fee would discourage leap frog development. Mr. Thomson explained that the City can impose fees, however, fees must be reasonable on a case by case basis. Staff will prepare the appropriate documents for implementing a trunk storm water charge for council consideration at a future meeting. A break was taken at 11:29 P.M. The meeting re-convened at 11:40 P.M. Official Proceedings of the September 3, 1996 Shakopee City Council Page -9- The following items were moved forward on the agenda: 11.D.a.) 3.2 Beer License - Spooky World, 11.D.b.) First November Meeting - Date Change, 11.D.c.) Increasing the Number of On Sale Liquor Licenses - Special Election, and 11.D.d.) Transit Tax Line Itemfor Tax Statements. Sweeney/Link offered Resolution No. 4504, A Resolution Setting the Public Hearing Date to Consider the Vacation of Easement, and moved its adoption (located within RLS-134). Motion carried unanimously. Sweeney/DuBois moved to approve the application and grant a 3.2 percent malt liquor license to Jack-O-Lantern, Inc. dba Spooky world for the west side of the Ryan House on the Murphy's Landing site, 2187 E. Highway 101, beginning October 1, 1996. Motion carried unanimously. Sweeney/DuBois offered Resolution No. 4506, A Resolution Changing the November 5, 1996 Council meeting to Wednesday, November 6th at 7:00 P.M. and moved its adoption. Motion carried unanimously. DuBois/Link offered Resolution No. 4503, A Resolution Determining the Expediency of Issuing Five On-Sale Liquor Licenses for the Sale of Intoxicating Liquor at Retail in Addition to the Twelve Now Permitted By Law and Calling For A Special Election Thereon, and moved its adoption. Motion carried unanimously. Sweeney/Zorn moved to approve the format for programming and ordering Truth in Taxation Statements (as approved by the Minnesota Department of Revenue). Motion carried unanimously. Bruce Loney reported the County is cleaning up four landfills and capping them with borrow material on the Shakopee Crossings property. The common borrow excavation quantity is 106,556 cubic yards at a contract price of$1.86 per cubic yard. The estimated grading cost for the Shakopee Crossing's property is $198,194.16. The City fee schedule requires grading permits pay 7 1/2 percent of the estimated grading costs and this grading permit fee is $14,864.56. The County has requested that the fee be waived. Mr. Loney said the County needs to obtain a permit meeting City approval for this amount of excavation work, and they have now done this. The question is whether or not to waive the fee. Discussion ensued regarding permits. Sweeney/Zorn moved to affirm that a grading permit fee apply with this excavation activity (Shakopee Crossings property) being done by Scott County on land outside of the right-of-way for partial benefit of a private developer. Motion carried unanimously. Official Proceedings of the September 3, 1996 Shakopee City Council Page -10- Bruce Loney reported that a trunk sanitary sewer is needed in order for the French Trace and Prairie Village developments to occur. A mandatory Environmental Assessment Worksheet (EAW) is required as the pipe will be greater than 500,000 gallons per day. The cost of completing the EAW for this project is estimated at a cost of$4,850.00 and will be paid for out of the Sanitary Sewer Enterprise Fund. He added that a special meeting may be necessary in order to expedite the EAW. Zorn/Link moved to authorize the appropriate City officials to execute a consultant extension agreement, with WSB & Associates, Inc., to complete the EAW for the trunk sanitary sewer extension for Sewer Districts SS-H, SS-D and SW-E. Motion carried unanimously. Sweeney/Zorn moved to direct the appropriate City staff to apply for the EAW. Motion carried unanimously. DuBois/Zorn moved to adjourn to September 9, 1996 at 4:00 P.M. Motion carried unanimously. The meeting adjourned at 11:53 P.M. tAea sith S. Cox ity Clerk Esther TenEyck Recording Secretary v CITY OF SHAKOPEE Memorandum TO: Mayor and Council Mark McNeill, City Administrator FROM: Gregg Voxland, Finance Director RE: City Bill List DATE: September 26, 1996 _Introduction and Background Attached is a print out showing the division budget status for 1996 based on data entered as of 9/26/96 . Also attached is a regular council bill list for invoices processed to date for council approval . Included in the check list but under the control of the EDA are checks for the EDA General Fund (code 0191-XXX) and Blocks 3&4 (code 9439-xxx) in the amount of $9,383 .48 . Not included in the attached bill list but included in the total amount of bills shown on the agenda is the below listed subsistence reimbursement for an employee. The employee (s) were away from their normal work site for a business purpose but the meal itself was not a "business purpose meal" or there was no receipt and therefore needs to be paid through payroll as taxable income. Kevin Gulden $36 .30 Attached is a print out of the budget status of the unallocated division as requested. It is proposed that in the future Finance will include a copy of that report with the monthly revenue and expense report that Council receives with the weekly activity report. That way it is easier administratively. If this is not acceptable to Council, please advise. Action Requested Move to approve the bills in the amount of $479,367 .86 . CITY OF SHAKOPEE • EXPENSES BY DEPARTMENT 09/26/96 CURRENT YEAR ANNUAL MONTH TO PERCENT DEPT DEPT NAME BUDGET ACTUAL DATE EXPENDED ssaaxaasszs:as 11 MAYOR & COUNCIL 83,090 21,617 54,484 66 12 CITY ADMINISTRATOR 215,490 14,532 158,282 73 13 CITY CLERK 132,040 9,715 83,210 63 15 FINANCE 307,410 17,441 215,653 70 16 LEGAL COUNSEL 260,030 7,344 145,192 56 17 COMMUNITY DEVELOPMENT 457,930 29,928 221,967 48 18 GENERAL GOVERNMENT BUILDINGS 132,510 9,221 97,487 74 31 POLICE 1,588,500 100,870 1,094,963 69 32 FIRE 418,670 9,529 241,692 58 33 INSPECTION-BLDG-PLMBG-HTG 228,930 18,536 156,224 68 41 ENGINEERING 407,760 29,908 242,550 59 42 STREET MAINTENANCE 775,720 19,895 371,937 48 44 SHOP 116,650 7,606 73,475 63 46 PARK MAINTENANCE 304,660 33,648 225,508 74 91 UNALLOCATED 436,340 13,590 275,291 63 TOTAL GENERAL FUND 5,865,730 343,380 3,657,914 62 17 COMMUNITY DEVELOPMENT 463,400 30,495 272,321 59 TOTAL TRANSIT 463,400 30,495 272,321 59 r•1 a) tfl01a aQ Hia a a 04 a a a 04 xxxxxx x x x x x x x H H H H H H H H H 000000 0 0 0 0 0 0 0 W 001 a1 0 z w U 0 H H N m d' Ln t0 Cl0HNMeN LA1 Ln l0 N 0 01 01 01 01 01 01 Ln to l0 l0 l0'.0 M r-. t0 M N t0 t0 rl HHHH H0 0 0 0 0 0 0 N0 0 0 aD to 01In to CO LA co a0 to M M M M M M M N M M Cl M a0 H 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 H 0 H 0 0 0 0 M 0 M m O 0 0 0 0 0 0 O m 0 0 H 0 H 0 0 N H M H CO CO 0 H H H H r1 H 0 0 0 Ln 0 0 eN E N H N 03 CO CO N N M N N N N N N de M H H H er co z0: Ln Ln H H H H H H LA M M M M M M N er N N N l0 0 W V' e1• N N N N N N eN er eN eN eN d,eM M ep eN et• N H N O x 1 1 1 1 1 1 1 1 I I I 1 1 1 I 1 1 1 1 I O X 00 H N N N N N N H H H H H e-1.-I M H H H 0 O M p M eM H H H H H H 1. 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Vf L}V} L! 11 W 403 1 1 CO a CO w Cl) Et. w Cl) ca i 4 O El u w Z 4 04 ZZ •- W al H H W H O H 0.. N co 1-1 g A !~ N a a CaA \ 01 Hca O al CTI En >» 01 E-i 0 4 J.1 0. i.a 0 al 0 U E 4 Cel H cn a a 0 E~ 0 0 A Cl) Ea E w 01 H al w a E• Z 5 W O 01 H 4 Z A 0. W E+ v1 W W D w A El 1-7G] H U) 0 0Z U) E+ 0 O 4 a a a Z a 4 0 ix Z '4 0 U0. O a H a Un 0 "a H a 0 E• a W ta 0 U) 0 0 0 N 0) 0 W E+ 0 W O W TS •ri 0 H in t0 m m 01 H CV ria E'i Z O > 4 o N Cl Cl d' m er a 0 N CO W U •ri n Z N V w d' sr er a 0. N d' Z 0 yA II w 04 er rKz U it r-I Cl) Ei W II 01 •n II 12 II O II CITY OF SHAKOPEE Memorandum TO: Mayor and City Council Mark McNeill, City Administrator FROM: Julie Klima, Planner I SUBJECT: Final Plat for Prairie Village 1st Addition DATE: October 1, 1996 Discussion Thompson Land Development is requesting approval of the Final Plat for Prairie Village. The subject site is located directly east of the new St. Francis Medical Center. A copy of the September 5, 1996, Planning Commission staff memo has been attached for your reference. At this meeting, a memo was placed on the table revising some of the conditions of approval. This memo has also been attached for your reference. The Planning Commission, at this meeting, recommended approval of the Final Plat of Prairie Village 1st Addition to the City Council, subject to the conditions contained within the staff report and the revised conditions provided on the table. Alternatives 1. Approve the Final Plat of Prairie Village 1st Addition, subject to conditions. 2. Revise the conditions of approval for the Final Plat of Prairie Village 1st Addition, and approve subject to the revised conditions. 3. Do not approve the Final Plat of Prairie Village 1st Addition. 4. Table action on this item and request additional information from the applicant and/or staff. Planning Commission Recommendation The Planning Commission has recommended the approval of the Final Plat of Prairie Village 1st Addition, subject to conditions(Alternative No. 1). Action Requested Offer Resolution No. 4524, A Resolution Approving the Final Plat of Prairie Village 1st Addition, and move its approval. / Julie Klima Planner I i:\commdev\cc\1996\cc 1001\fpprvl g l.doc RESOLUTION NO. 4524 A RESOLUTION OF THE CITY OF SHAKOPEE,MINNESOTA,APPROVING THE FINAL PLAT FOR PRAIRIE VILLAGE 1ST ADDITION WHEREAS, the Planning Commission of the City of Shakopee did review the Final Plat for Prairie Village 1st Addition on September 5, 1996, 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, niEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF IHE CITY OF SHAKOPEE,MINNESOTA,as follows: That the Final Plat for Prairie Village 1st Addition, described as attached on Exhibit A, is hereby approved subject to the following conditions: A. The following procedural actions must be completed prior to the recording of the Final Plat: 1. Approval of title by the City Attorney. 2. Execution of a Developers Agreement for construction of required public improvements: a) Street lighting to be installed in accordance with the requirements of the Shakopee Public Utilities Commission. b) Electrical system to be installed in accordance with the requirements of the Shakopee Public Utilities Commission. c) Water system to be installed in accordance with the requirements of the Shakopee Public Utilities Commission. d) Installation of sanitary sewer and storm sewer systems, and construction of streets in accordance with the requirements of the Design Criteria and Standard specifications of the City of Shakopee. e) Street signs will be constructed and installed by the City of Shakopee at a cost to the developer of$260 per sign pole. Seventeen (17) street signs shall be installed for the entire development for a total cost of$4420.00 Four (4) of the street signs shall be installed with the first phase of development for a total cost of$1040.00. f) The applicant shall enter into an agreement regarding Park Dedication payments. Cash payment in lieu of park dedication shall be required in the amount of $700.00 per residential lot. The Park Dedication payments shall be paid at the time of the recording of the Final Plat. g) The developer shall construct a temporary cul-de-sac at the end of Groveland Way, Mathias Road, Faribault Street, and Ponds Way and provide the necessary temporary easements to the City. These cul-de-sacs shall be built to City Design Criteria. The temporary cul-de-sac and easements for Faribault Street shall be provided with the first phase of development. h) The developer shall be responsible for the operation and maintenance of the temporary storm water lift station. i) The developer acknowledges the presence of pending assessments for 17th Avenue and Sarazin Street. j) The developer agrees to pay storm water trunk charge upon its adoption. k) The developer agrees to pay trunk sanitary sewer charge per the Trunk Sanitary Sewer Charge Policy. I) The developer shall provide a 20 foot drainage and utility easement along the common lot line for Lots 13 and 14, Block 1 and along the common lot line for Lots 16 and 17, Block 1. in) The developer shall provide a temporary drainage and utility easement for the constructed ponding area outside of the Final Plat boundary. n) The developer shall provide a 20 foot access easement to each of the ponds. 3. The Final Construction Plans must be approved by the City Engineer. 4. Outlots A and B of the approved Preliminary Plat must either be eliminated or provide proof, via a contract, that the outlots will be sold to the adjoining property owner upon platting. No building permits will be issued for the outlots until they have been replatted and combined with other properties so that these areas meet the City's design standards. B. Approval of the Final Plat is contingent upon he completion of an EAW for the sanitary sewer extension and the developer enters into an agreement holding the City harmless for any claims arising out of the City approving the Final Plat prior to the completion of the EAW and sewer availability. C. The Final Plat shall not be recorded until such time as a negative declaration has been made regarding the EAW and the EAW has been accepted by the PCA. 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 the day of , 1996. Mayor of the City of Shakopee ATTEST: City Clerk PREPARED BY: City of Shakopee 129 South Holmes Street Shakopee, MN 55379 EXHIBIT A The Southwest Quarter of the Northwest Quarter(SW 1/4 of NW 1/4)and the North Thirty(30)acres of the West Half of the Southwest Quarter(W 1/2 of SW 1/4)of Section 17, Township 115,Range 22; also a strip one rod in width along the Western Boundary of the West Half of the Southwest Quarter starting at the Northwest corner of the West Half of the Southwest Quarter and extending in a southerly direction to point where said one rod strip intersects the public highway in Section 17, Township 115,Range 22, Scott County,Minnesota. CONSENT CITY OF SHAKOPEE Memorandum TO: Shakopee Planning Commission FROM: Julie Klima, Planner I SUBJECT: Final Plat of Prairie Village DATE: September 5, 1996 Site Information: Applicant: Thompson Land Development Location: Directly east of the new St.Francis Regional Medical Center Current Zoning: Urban Residential(R-1B) Adjacent Zoning: North: Urban Residential (R-1B) South: Agricultural Preservation (AG) East: Agricultural Preservation (AG) West: Office Business (B-2) Comp. Plan: 1980: Agricultural Draft 1995: Single Family Residential Area: 13.1093 Acres MUSA: The site is within the MUSA Introduction Thompson Land Development is requesting approval of the Final Plat for Prairie Village. The subject site is located directly east of the new St. Francis Medical Center(Please see Exhibit A). Considerations The Preliminary Plat for Prairie Village was approved by the City Council on July 2, 1996. The entire development is composed of 70 acres of land, while this phase proposes to final plat 13.1093 acres of the development. This phase consists of 31 single family residential lots (Please see Exhibit B). The Final Plat, as proposed, is in substantial conformance with the approved Preliminary Plat. The Final Plat, as submitted, does not include the entire Preliminary Plat area. The legal description provided is only for that area being final platted, rather than the entire parcel. A condition has been added recommending that prior to City Council review of the Final Plat, a revised Final Plat drawing be submitted illustrating the entire property included in the Preliminary Plat. Those areas not being final platted into developable lots should be identified as outlots. A condition has also been added requiring the legal description for the Final Plat to be revised to reflect the entire Preliminary Plat area. This project is intended to be developed in six phases. Therefore, staff has added a condition that prior to City Council review of the Final Plat, a revised Final Plat drawing be submitted, renaming this development to"Prairie Village 1st Addition". The Engineering Department has reviewed the submittal materials and has provided the comments attached on Exhibit C. Staff has incorporated these recommendations into the conditions of approval for the Final Plat. Park dedication fees for those lots included in the Final Plat of this phase shall be paid prior to the recording of the Final Plat. Alternatives 1. Recommend to the City Council approval of the Final Plat of Prairie Village, 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 Prairie Village, subject to the following conditions: a) The following actions must be completed prior to City Council review of the Final Plat: i) The developer shall submit revised Final Plat drawings including the entire property within in the Preliminary Plat for Prairie Village. ii) The developer shall submit revised Final Plat drawings which reflect a name change to"Prairie Village 1st Addition" for this phase of development. iii) The developer shall submit a revised legal description for this development which includes all property within the Preliminary Plat for Prairie Village. b) The following procedural actions must be completed prior to the recording of the Final Plat: i) Approval of title by the City Attorney. ii) Execution of a Developers Agreement for construction of required public improvements: a) Street lighting to be installed in accordance with the requirements of the Shakopee Public Utilities Commission. b) Electrical system to be installed in accordance with the requirements of the Shakopee Public Utilities Commission. c) Water system to be installed in accordance with the requirements of the Shakopee Public Utilities Commission. d) Installation of sanitary sewer and storm sewer systems, and construction of streets in accordance with the requirements of the Design Criteria and Standard specifications of the City of Shakopee. e) Street signs will be constructed and installed by the City of Shakopee at a cost to the developer of$260 per sign pole (17 x $260 = $4420.00). f) The applicant shall enter into an agreement regarding Park Dedication payments. Cash payment in lieu of park dedication shall be required in the amount of$700.00 per residential lot. The Park Dedication payments shall be paid at the time of the recording of the Final Plat. g) The developer shall construct a temporary cul-de-sacs at the end of Groveland Way,Mathias Road,Faribault Street, and Ponds Way and provide the necessary temporary easements to the City. These cul- de-sacs shall be built to City Design Criteria. h) The developer shall be responsible for the operation and maintenance of the temporary storm water lift station. i) The developer acknowledges the presence o f pending assessments for 17th Avenue and Sarazin Street. j) The developer agrees to pay storm water trunk charge upon its adoption. k) The developer agrees to pay trunk sanitary sewer charge per the Trunk Sanitary Sewer Charge Policy. I) The developer shall provide a 30 foot drainage and utility easement along the common lot line for Lots 13 and 14,Block 1. m) The developer shall provide a temporary drainage and utility easement for the area of the preliminary plat, not included in the Final Plat area. n) The developer shall provide a 20 foot access easement to each of the ponds. - o) The developer shall construct temporary cul-de-sacs at the end of St. Francis Avenue, Anton Way, and Faribault Street and provide the necessary temporary easements to the City. These cul-de-sacs shall be built to City Design Criteria. iii) The Final Construction Plans and Specifications must be approved by the City Engineer. iv) Outlots A and B, of the approved Preliminary Plat, must either be eliminated or provide proof, via a contract,that the outlots will be sold to the adjoining property owner upon platting. No building permits shall be issued for the outlots until they have been replatted and combined with other properties so that these areas meet the City's design standards. Action Requested Offer a motion to recommend to the City Council the approval of the Final Plat for Prairie Village, subject to conditions and move its approval. / •ie • Julie Klima Planner I i:\commdev\boas-pc\1996\sept05pc\fpprvtg.doc T 111:11111--CL'....j"- �'!ilirj / t IS iii [ EXHIBIT A T .� • fie' 'OA ebads ob. — ., . ►` iS. 4 e� N., NI e e aQe !` P�r.•r •vE ��♦♦� . , 39e,e,„.20,E3ligEE3 . t ♦� 2C, : r Ilii --- ♦♦♦♦♦ !� • uiucci . E____L; *,.,41- --. _ .♦♦e♦e♦e 4 [it In gri ! dal i i lai 16, _- l _ _. . eu re ippplipuioi;[---Joioioio 46•641f.. _. AIN, lig 5q---7947.4-7ft. --- .---- - >,,,, .44,0!),,,,, .,,,,, -,A. .. .Clitdft-.-. .' -. 4gedi SO 1«,s - - _-•: CT. 1 ... ta . i ALCM%-jrrir""4.1 3 :6: IL 1 'Dart .D SITACOJAPD CZIM its....iii.. a i I $J< 1 } I LEGEND •' •♦♦♦♦• ,SUBJECT SITE y 1 AG J Agriculture i r• y ::,R::..; RR Rural Residential r<:: :: mioa ;>:Rt A Law Density Residential > ,g '<:•: ::R Urban Residential i ; t :: AG AG •`"' '..`.'' ...R, Oid Shakopee Residential R2 J Medium Density Residential • R3 I Multiple Family Residential ..—(I. I 31 I Highway Business �' - 321 Office Business vY + oexa B31 Central Business 1 , M,,, � fir' -•• ! Ii tight Industrial AG '` '2 1 Heavy Industrial _ °""•- .r.ontm s •rE SSR Ma or Recreation ,,. ! fri. r RR Overlay Zones J —�?�F'codplcir District 0'1"'Lac �" vo® a,cx � 3. �j� 43 ` l— RR -2 :r1:1`:9 nt;Pr!nv TR . (b6S£t 'ON 3SN3311 NOW 1-13141 Z/t ON00J) I . I 0. 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ISt0 .-.1 L 9996 J ` 00'001 J CC I pE Q __\ I 00'06 '5 .69 , 1 / \'S t 8 s 3f1N3iW NIZVNVS , 1- s � N♦ 0- - I Cr'999 il' "_- 11 % -1P\A 1-1 A IJ A 1I.71J\IIJ^ ---- 675'11£1 ----- (i) S • . / _JI 11 V_J. I V IVlt. V 12 Vv M «4Z,Z1.00 N .- • 'Ll N01133S JO b/l MN // --' ;1; 3141 JO b/l MS 3H1 JO 3NIl IS3M ' <C -) ' ^ n _, IAI\-//1 .'l\-//-" I n--1 1AI ( IJ- ss %. ( /" I\ I\_/\ 1 _I • 1 c• . .il IC Y V V •/ I V ♦/ IV_JV V `'- �.•; ._; I �/ IV V <_.I_J ..L..: •::11 > j ii - <C • a) z _ frn I-4 EAI we«oramt f 1 t/�I 1n�aar► _1 '�''1 C EXHIBIT C INTER-OFFICE MEMORANDUM TO: Julie Klima, Planner I FROM: Joel Rutherford, Assistant City Engineer SUBJECT: Prairie Village Final Plat DATE: August 26, 1996 After reviewing the referenced project, I have the following comments for the planning department and the applicant. Construction Drawings Construction plans have been forwarded to the City for review. The plat cannot be recorded until a signed set, by a registered engineer, has been approved by the City Engineer. Recommendation Approve the Final Plat, subject to the conditions of Resolution 4461, and subject to the following additional conditions: a) Prior to recording of the Final Plat, the following actions must be completed: 1. The developer shall provide a 30' drainage and utility easement along the common lot line for Lots 13 and 14, Block 1. 2. The developer shall provide a temporary drainage and utility easement for the area of the preliminary plat, not included in the Final Plat area. 3. The developer shall provide a 20' access easement to each of the ponds. 4. The developer shall provide temporary access easements for the temporary cul-de- sacs. CITY OF SHAKOPEE Memorandum TO: Shakopee Planning Commission FROM: Julie Klima, Planner I SUBJECT: Final Plat for Prairie Village 1st Addition DATE: September 5, 1996 DISCUSSION Upon review of the conditions of approval provided in the staff report, staff has made several revisions. The revisions listed below are intended to replace those conditions provided in the original staff report. Condition B.ii.e shall be revised to read"Street signs will be constructed and installed by the City of Shakopee at a cost to the developer of$260 per sign pole. Seventeen (17) street signs shall be installed for the entire development for a total cost of$4420.00. Four(4) of the street signs shall be installed with the first phase of development for a total cost of S1040.00. " Condition B.ii.g shall be revised to read"The developer shall construct a temporary cul- de-sac at the end of Groveland Way, Mathias, Road, Faribault Street, and Ponds Way and provide the necessary temporary easements to the City. These cul-de-sacs shall be built to City Design Criteria. The temporary cul-de-sac and easements for Faribault Street shall be provided with the first phase of development." Condition B.ii.l shall be revised to read "The developer shall provide a 20 foot drainage and utility easement along the common lot line for Lots 13 and 14, Block 1 and along the common lot line for Lots 16 and 17, Block I. " The overall plan for the project indicates that two (2) utilities will be placed along the common lot line for Lots 13 and 14. However, the revised construction plans indicate that only one utility line will be placed along this common lot line. The additional utility will be relocated to the common lot line for Lots 16 and 17, therefore requiring a 20 foot easement in both locations. Condition B.ii.m shall be revised to read " The developer shall provide a temporary drainage and utility easement for the constructed ponding area outside the Final Plat boundary. " Condition B.ii.o shall be eliminated Condition C shall be added to read"Approval of the Final Plat is contingent upon the completion of an EAW for the sanitary sewer extension and the developer enters into an agreement holding the City harmless for any claims arising out of the City approving the Final Plat prior to the completion of the EAW and sewer availability. " Condition D shall be added to read "The Final Plat shall not be recorded until such time as a negative declaration has been made regarding the EAW and the EAW has been accepted by the City. " Any conditions of approval not specifically referred to in this memorandum shall remain as stated in the staff report for the Final Plat for Prairie Village. 11tht gait e Klima Planner I Revie d b : R. Michael Leek Planner II/Acting Community Development Director i:\commdev\boaa-p61996\sept05papprvgtb.doc 11. 13 , CITY OF SHAKOPEE Memorandum TO: Mayor and City Council Mark McNeill, City Administrator FROM: R. Michael Leek, Acting Community Development Director SUBJECT: Canterbury Park 2nd Addition Planned Unit Development DATE: September 25, 1996 Discussion: Valley Green Business Park has submitted an application for approval of Canterbury Park 2nd Addition Planned Unit Development (PUD). The subject site is located south of Canterbury Park, North of County Road 16 and the Shakopee Bypass, and is currently zoned Major Recreation (MR). The PUD would contain a number of uses, ranging from restaurants and hotels to offices. A copy of the September 5th memoranda to the Planning Commission have been attached for your reference. At its September 19, 1996, the Planning Commission recommended approval of the PUD with conditions to the City Council. Alternatives: 1. Approve Canterbury Park 2nd Addition Planned Unit Development, subject to conditions. 2. Approve Canterbury Park 2nd Addition Planned Unit Development, subject to revised conditions. 2. Do not approve Canterbury Park 2nd Addition Planned Unit Development. 3. Table action on this item, and request additional information from staff and/or the applicant. Planning Commission Recommendation: The Planning Commission has recommended the approval of Canterbury Park 2nd Addition Planned Unit Development(Alternative No. 1). CP2NDPUD.DOC/RML 1 Action Requested: Offer Ordinance No. 465, and move its approval. O _ _ R. Michael Leek Acting Community Development Director CP2NDPUD.DOC/RML 2 ORDINANCE NO. 465 AN ORDINANCE OF THE CITY OF SHAKOPEE, MINNESOTA, AMENDING THE ZONING MAP ADOPTED IN CITY CODE SEC. 11.03 BY REZONING LAND LOCATED SOUTH OF CANTERBURY PARK, NORTH OF COUNTY ROAD 16 AND THE SHAKOPEE BYPASS FROM MAJOR RECREATION (M-R) TO PLANNED UNIT DEVELOPMENT OVERLAY ZONE NO. 9. WHEREAS, the owner of the land described on Exhibit A, and located south of Canterbury Park, North of County Road 16 and the Shakopee Bypass, has submitted an application requesting rezoning from Major Recreation (M-R)to Planned Unit Development Overlay Zone No. 9; and WHEREAS, notices were duly sent and posted, and a public hearing held on September 5, 1996, and continued on September 19, 1996, 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 subject to conditions. NOW, THEREFORE THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA HEREBY ORDAINS; Section 1 - That the zoning map adopted in City Code Sec. 11.03 is hereby amended by rezoning land described on Exhibit A, located south of Canterbury Park, North of County Road 16 and the Shakopee Bypass, from Major Recreation (M-R) to Planned Unit Development Overlay Zone No. 9; and Section 2 - That all provisions of City Code Chapter 11, Zoning, shall apply to this zone, except as modified below; 1. Minimum lot area of 1 acre instead of 10 acres, 2. Minimum lot width of 150 feet instead of 300 feet, 3. Minimum front yard setback of 40 feet instead of 50 feet, 4. Minimum side yard setback of 20 feet instead of 25 feet, 5. Minimum rear yard setback of 20 feet instead of 30 feet Section 3 - uses are restricted to those depicted on Exhibit B, "Proposed PUD Uses." Section 3 - The following procedural actions must be taken: 1. As part of the preliminary plat application submittals, the applicant is required to submit a storm water management plan meeting the requirements for discharge flows, ponding, and water quality. The ponding areas shown on the CP2NDPUD.DOC/RML 3 s drawings submitted are approved, only if they are sized appropriately to meet these requirements. 2. The private drive for Canterbury Park will become a public street, or alternative public street will be dedicated, as indicated on the PUD submittals. Access onto County Road 16 will be across from the connection of Vierling Drive with County Road 16, as indicated on the PUD submittals. 3. A wetland delineation will be required for this site. If there are no wetland impacts the applicant will be required to submit an application for exemption. If wetland impacts are required, the PUD approval is contingent on receiving wetland replacement approval as required by the Wetland Conservation Act. Section 4 - Effective Date. This ordinance becomes effective from and after the date of its publication. Passed in session of the City Council of the City of Shakopee, Minnesota, held this day of , 1996. Mayor of the City of Shakopee Attest: City Clerk Prepared by: The City of Shakopee 129 Holmes St. S. Shakopee, MN 55379 Published in the Shakopee Valley News on the day of , 1996. CP2NDPUD.DOGRML 4 -s - a 115 9 a 6 Canterbury Park 2nd Addition PUD October 1996 3 a 0 a Proposed PUD Uses Uses within a PUD, according to the City Code, must correspond to the ii underlying zoning district, except as "authorized" or "designated" in the 9 development plan. Within the Canterbury Park 2nd PUD, Valley Green a proposes the following list of permitted and conditional uses,compared with a the current MR standards in the following table. We have included the most likely uses anticipated in this PUD. Any other uses would be as stipulated 0 in the underlying MR district (either not allowed or by Conditional Use 0 Permit). With PUD approval for Canterbury Park 2nd,the City will approve g as authorized uses the uses as listed below. Proposed Current 9 Uses PUD Status MR Status II IP Public recreation P P AO Restaurants,class I P P Public buildings P p 10 Utility services P p a Commercial recreation C C/PUD A Restaurants, class II iii (no drive-up or drive-through) P CRUD Hotels, motels and conference centers . . P CRUD • Retail uses and entertainment C CRUD a Administrative,executive,and a professional offices P CRUD Health and athletic facilities C CRUD it Uses having a drive-up or A drive-through window I (excluding restaurants) C CRUD I Financial institutions C N a Medical or dental clinics • C N Office-showroom, office-warehouse . . . C N a • I P=Permitted Use C/PUD=Conditional Use or PUD N=Not Mentioned A a • a • a S A J txu18ri8 a • . . EXHIBIT A Outlots A, B, C and D; Lots 1 and 2, Canterbury Park 2nd Addition plus Lot 1, Block 1, Canterbury Park 4th Addition plus The East 1/2 of SW 1/4 Section 9, Twp. 115, R 22W, except the plat of Canterbury Park 4th Addition, and except that portion of the land which lies south of the TH 101 Bypass, City of Shakopee, County of Scott, Minnesota. CP2NDPUD.DOGRML 4 CITY OF SHAKOPEE A/femorartdtcrn TO: Planning Commission FROM: R. Michael Leek, Planner II/Acting Community Development Director SUBJECT: Canterbury Park 2nd Planned Unit Development MEETING DATE: September 5, 1996 ITE;_-i NO.: 13 Site Information Applicant: Valley Green Business Park Location: South of Canterbury Park, North of County Road 16 and the Bypass, and West of C.R. 83 Current Zoning: Major Recreation ( LR) Adjacent Zoning: North Major Recreation (Na) South The Bypass East Highway Business (B-1) West Light Industrial (I-1) Medium Density Residential(R2) Comprehensive Plan: 1950; Commercial Dray. 1995; Com;-zercial Attaci:'nents: Exhibit A: Zoning Map Exhibit B: Applicant's proposal _Exhibit C: Memo from Assistant City Engineer Introduction: Va!ley Green Business Park has proposed a PUD for property currently zoned Major Recreation (MR). The deviations requested from MR zoning- standards are detailed on page 2 of the applicant's submittal, with the most significant from the standpoint of the development being a request for a minimum lot size of 1 acre instead of 10 acres. The uses proposed for the PUD are listed on page 3 of the submittal and their concentration shown of the "PUD Sub-area Plan. CPRK'PUD.DOC.RMML 1 Considerations: 1. The purpose of the Planned Unit Development Overlay Zone (PUD) section of the Zoning Ordinance is "to encourage innovation, variety, and creativity in site planning and architectural design; to mccrimi:e development compatibility to encourage the planning of large parcels of land as a unit; to provide for greater efficiency in the use of lana streets, and energy; to protect important natural and cultural landscape features; to preserve open space; and to provide quality living, working, shopping, and recreating environments for residents and visitors". The PUD as presented by the applicant attempts to group more compatible uses in sub-areas on the site. The proposed PUD would provide for the planning of the development of this 55.44 acre site, while permitting flexibility in the design of individual sites. 2. The proposed PUD uses are consistent with the draft 1995 Comprehensive Plan which has designated this area for commercial development. 3. The applicant is requesting 5 deviations requested from MR standards(minimum lot • area; minimum lot width; front setback; rear setback; and access spacing). The requested deviations are found on page 2 of the proposal.. 4. There are no pending assessments for this site. 5. Park dedication information for this development will be addressed at the Preliminary Plat review stage. 6. The Engineering Department has reviewed the proposal and has provided comments that have been attached as Exhibit C. Staff has incorporated these comments into the conditions of approval. 7. The Scott County Environmental Health Department has commented that a wellhead protection plan should be completed by the City prior to any further development occurring in this area of the City. Staff Recommendation: Staff recommends approval of Canterbury Park 2nd Planned Unit Development, subject to the following conditions: 1. As part of the preliminary plat application submittals, the applicant is required to submit a storm water management plan meeting the requirements for discharge flows, ponding, and water quality. The ponding areas shown on the drawings submitted are approved, only if they are sized appropriately to meet these requirements. 2. The private drive for Canterbury Park will become a public street, as indicated on the PUD submittals. Access onto County Road 16 will be across from the CPRK2PUD.DOC.RMML 2 s _ connection of Vierling Drive with County Road 16, as indicated on the PUD submittals. 3. A wetland delineation will be required for this site. If there are no wetland impacts the applicant will be required to submit an application for exemption. IL wetland impacts are required, the PUD approval is contingent on receiving wetland replacement approval as required by the Wetland Conservation Act. Alternatives: 1. Recommend to the City Council the approval of Canterbury Park 2nd Planned Unit Development, subject to conditions. 2. Recommend to the City Council the approval of Canterbury Park 2nd Planned Unit Development, subject to revised conditions. 3. Recommend to the City Council the denial of Canterbury Park 2nd Planned Unit Development. 4. Table the request in order to allow the applicant and/or staff-time to provide additional information. . Action i:equested: A motion and vote to recommend to the City Council the approval of Canterbury Park 2nd Planned Unit Development, subject to conditions, and move its approval. R. Michael Leek Acting. Community Development Dir. CP'`2PUD.DOC:R.1L 3 • - �- __. � \�_ ,��.. cat-r",,,,,AK- 1 di r `IL —__-__ nwa�cv.r.,,,E 2 �``,\ •+k ;.� �`. tPo .*•ry.. 1•3 (/ ��\ �'4 , ._- NI_ i; 1 \t�%.•e �A\r; — SES°/...:.- �'a- - ---- ° `„;L.� '.1:-.--- ,..1.� ;! 6 t rl .F�.AL.tt ..`° ,; M,, ' 2 ... • c�-s I rt i'r1.11;_____------='"� r -_ rte'— 1 ,''5) .- 81 .. • Rt\ i VV — _ r / A ,\ r • 4. 1 ti, PI '` o .r777a c / / / %! / — / =7 I �y^C� c- `' V- - ; k4,-_ -- — - = •- . Y z -. _ i ' 1 - rVU•TRTT A _--i INTER-OFFICE MEMORANDUM TO: Michael Leek, Acting Community Development Director FROM: Joel Rutherford, Assistant City Engineer 4L.- SUBJECT: Canterbury Park Second Addition - PUD DATE: August 26, 1996 After reviewing the referenced project, I have the following comments for the planning department and the applie,nt. Streets Our primary concerns for this area, in regards to the traffic patterns and street configurations, concern 12th Avenue and Vierling Drive. Will/should 12th Avenue he turned over to the City as a collector street? The applicant has provided a drawing, indicating this option. Realigning the streets northeast and across from the intersection of Vierling Drive and County Road 16 is required. The applicant has also provi:ed information regarding this issue. Sanitary Sewer and Water The PUD submittals indicate they are available, and after review, it does appear they are. Storm SewerDraiaage The submittals indicate these issues would be detailed in the lot split or platting process. A condition for the PUD should include the requirement that a plan be submitted with the plat application, and that it must be approved by the City Engineer. The storm water trunk fees will be apply to this development, if the fees are approved by the City Council, and published, prior to final plat approval by the City Council. Based on the current proposal for the storm water trunk fee, the fees would be collected during the time of issuing a building permit. EXHIBIT C Recommendation Recommend approval of the PUD, subject to the following conditions: As part of the preliminary plat application submittals, the applicant is required to submit a storm water management plan meeting the requirements for discharge flows, ponding, and water quality. The ponding areas shown on the PUD drawings submitted are approved, only if they are sized appropriately to meet these requirements. The private drive for Canterbury Park will become a public street, as indicated on the PUD submittals. Access onto County Road 16 will be across from the connection of Vierling Drive with County Road 16, as indicated on the PUD submittals. A wetland delineation will be required for this site. If there are no wetland impacts the applicant will be required to submit an application for an exemption. If wetland impacts are required, the PUD approval is contingent on receiving wetland replacement approval, per the Wetland Conservation Act requirements. • • •• Canterbury Park 2nd Additimi i Planned Unit De=velopment • Valley Green Business Park • Shakopee Minnesota • r •• • • • •• • • • i. • • • • tri • • • a • • October 1996 • Valley Green Business Park 5240 Valley Industrial Blvd. S. Shakopee,MN 55379 612/445-9286 II • r i. • • INCORPORATED • CONSULTING PLANNERS LANDSCAPE ARCHITECTS • 300 FIRST AVENUE NORTH SUITE 210 • MINNEAPOLIS, MN 55401 612.339.3300 • October 1, 1996 Honorable Mayor and City Council • City of Shakopee • 129 Holmes Street S. • Shakopee,MN 55379 RE: Valley Green Business Park Proposed PUD, Canterbury Park 2nd Addition • • Dear Mayor and Council Members: • We are pleased to submit for your review and approval the attached materials for the Canterbury • Park 2nd Addition Planned Unit Development,proposed by Valley Green Business Park. The • concept plan for this PUD was discussed with the Planning Commission in July,with formal • consideration by the Planning Commission at their September meeting. The attached submittal reflects the changes requested by the Planning Commission in their approval on September 19. • • We have assisted Valley Green Business Park as planning consultants for many years,and have • watched the park grow and develop through changing conditions,both physical and economic. As Valley Green has grown,so has the City of Shakopee. The Canterbury Park 2nd PUD reflects the • continued maturity of the Shakopee community,both in the ability of this area to attract more quality • development and in the ability of the City to deal creatively with the real-world development needs • of Valley Green Business Park while honoring its interests in the major recreation area. • This PUD submittal is very simple and straightforward. Because of the physical dimensions of • Valley Green's property and its proximity to the Highway 101 Bypass interchange,the large lot • standards in the MR district do not fit the property. The PUD process offers the flexibility to set reasonable development standards while still giving the City considerable discretion over the • ultimate uses and character of the area. We look forward to working with you on this project. • • Sincerely, • DAHLGREN, SHARD OW AND UBAN, INC. • Age : m - • 'hilip Ca, •n, • ICP, Senior Planner • for Valli Gr,:n Business Park . Attachments • • • • • • • • • Canterbury Park 2nd Addition • Planned Unit Development Valley Green Business Park • Shakopee, Minnesota • • • Introduction Valley Green Business Park proposes a Planned Unit Development for the • area known as the Canterbury Park 2nd Addition. Canterbury Park 2nd is • located south of the Canterbury Park racetrack, north of Eagle Creek • Boulevard(County Road 16),north of the Highway 101 Bypass,and west of • Canterbury Road(County Road 83). The property consists of approximately 55 acres and includes the vacant land along Secretariat Drive surrounding the • Canterbury Inn, as well as other undeveloped land further west. Although • there are two parcels in the PUD that are not technically part of the • Canterbury Park 2nd Addition plat, we are calling the whole PUD by the • name Canterbury Park 2nd Addition. • Background • The City of Shakopee adopted the new Major Recreation Zone (MR)zoning • district in 1995 and rezoned large portions of the eastern part of the City to MR, including the land owned by Valley Green Business Park in the • Canterbury Park 2nd Addition. Among the City's stated purposes in • adopting the MR district was to create a high quality environment with • compatible land uses and a regional draw. Valley Green Business Park • shares the City's vision for the area, but the Canterbury Park 2nd Addition property is quite different in a number of respects from other properties • rezoned to MR,and applying the MR zoning standards to this property could • hinder reasonable and successful development on this property. Valley • Green Business Park is therefore requesting approval of a PUD from the City • to set certain development standards for Canterbury Park 2nd which will serve both the City's interests and Valley Green's. • • The MR district standards are clearly intended for large tracts of land and • major regional uses. The standards for minimum lot size, minimum lot • width,minimum setbacks,and minimum access spacing are all appropriate for uses such as Canterbury Park or Valley Fair. But the dimensions of • Valley Green's property in the Canterbury Park 2nd are small by comparison • and would be needlessly encumbered by these zoning standards. Valley • Green agrees with the purpose of the district and with most of the permitted • and conditional uses in the district. The problem lies with the numerical design standards as currently established for the MR district. • • For example,Valley Green is hoping to attract a hotel and sit-down restaurant • to a parcel near County Road 83. These uses clearly serve regional patrons • who will attend events in the Major Recreation area or conduct business in • • • • • • • Canterbury Park 2nd Addition PUD October 1996 2 • • • the vicinity, in keeping with the intent of the MR district. But the parcel . Valley Green is hoping to subdivide for these two uses is about 3.3 acres in size to begin with, compared to the 10-acre minimum in the MR district. • Once split,the two lots would have frontage on Secretariat Drive of 235' and • 282', compared to the required 300' minimum lot width. The frontage on • County Road 83 for the original platted lot is only 280' now. And to provide • reasonable access to these two businesses we are proposing three driveways onto Secretariat Drive, two of which would be spaced about 100' apart, • compared to the required 300' minimum access spacing. • • Proposed PUD Standards The PUD standards in the Code state that lot specifications and other • standards can be "modified in the development plan. " The proposed • dimensions within the Canterbury Second PUD are reasonable for the • location and character of the lots,but the MR standards are clearly excessive • for this scale of development on small lots. Other parcels in Canterbury Park 2nd would be similarly affected. We believe relaxing these standards through • a PUD is appropriate and necessary. We propose the following standards in • the PUD, compared with the current MR District standards: • • Proposed Current PUD Standards MR Standards • • min. lot area 1 acre 10 acres • min. lot width 150 feet 300 feet min. front yard building setback 40 feet 50 feet • min. side yard building setback 20 feet 25 feet • min. rear yard building setback 20 feet 30 feet • min. front parking setback 20 feet 15 feet • min. side or rear parking setback 20 feet 5 feet • min. side or rear yard setback 50 feet 50 feet from residential zones • min. access spacing* 100 feet 300 feet • • * On Secretariat Drive and other similar interior streets,not County Roads • These standards are compared on the attached sketches, illustrating how the • area would develop if required to adhere to the 10-acre minimum and other • MR lot standards, or alternatively under the proposed PUD concept. With • PUD approval for Canterbury Park 2nd, the City will approve variances to the MR zoning standards as noted in the above table for minimum lot area, • minimum lot width, front yard setback, side yard setback, and minimum • access spacing. • • • • • • • • Canterbury Park 2nd Addition PUD October 1996 3 S • Proposed PUD Uses Uses within a PUD, according to the City Code, must correspond to the • underlying zoning district, except as "authorized" or "designated" in the • development plan. Within the Canterbury Park 2nd PUD, Valley Green • proposes the following list of permitted and conditional uses, compared with • the current MR standards in the following table. We have indluded the most likely uses anticipated in this PUD. Any other uses would be as stipulated • in the underlying MR district (either not allowed or by Conditional Use • Permit). With PUD approval for Canterbury Park 2nd,the City will approve • as authorized uses the uses as listed below. • Proposed Current • Uses PUD Status MR Status • • Public recreation P P . Restaurants, class I P P Public buildings P P • Utility services P P • Commercial recreation C C/PUD • Restaurants, class II . (no drive-up or drive-through) P C/PUD Hotels, motels and conference centers . . P C/PUD • Retail uses and entertainment C C/PUD • Administrative, executive, and professional offices P C/PUD • Health and athletic facilities C C/PUD Uses having a drive-up or • drive-through window (excluding restaurants) C C/PUD • Financial institutions C N Medical or dental clinics • C N Office-showroom, office-warehouse . . . C . .N • • P=Permitted Use C/PUD=Conditional Use or PUD • N=Not Mentioned • • • • • • • • • • S • • • Canterbury Park 2nd Addition PUD October 1996 4 • • • PUD Sub-Areas • We have further delineated the PUD master plan by grouping portions of the property into three subareas -- East, West, and Middle --that correspond to the three generalized markets for development in the PUD. All uses in all • areas might in some way serve patrons of Canterbury Park and the MR • district. Some uses in the PUD would serve them directly, such as restaurants or hotels,while others might have an indirect relationship, such as an office • that might simply want to be located near the open areas of Canterbury Park, • or use this area as an address. Other uses might have little direct relationship • to Canterbury Park, needing merely to take advantage of the access and • visibility of the new Highway 101 Bypass. • Whatever the relationship,the uses listed above in the PUD would satisfy the • underlying intent of the MR zoning district to create a high quality environment for business and a regional draw. It is the intent of the PUD to • allow all uses in all sub-areas as described in the above table. However, an emphasis would be made on the grouping of uses described below that would • more clearly and logically support one another and the environment around Canterbury Park and the Highway 101 Bypass. • • The East area,nearest County Road 83 and the Canterbury Inn, and with the closest access to the Highway 101 Bypass, would host those uses that need • the most access and visibility, such as restaurants, hotels and motels, and • some retail uses. •• The West area, closest to County Road 16 and Vierling Drive, would attract uses that could take advantage of the access and visibility from County Road • 16, and the traffic in and out of the Vierling Drive neighborhood, such as • restaurants,retail, financial institutions, and offices. •• The Middle area would be marketed mainly to office and office-service users who would not need the proximity to the County roads, but still would like to be in the Canterbury Park neighborhood and enjoy its general accessibility • to the Shakopee business community and the regional highway system. • The PUD sub-areas are noted on the attached figure. • Roadway System • The intent of the roadway system through Canterbury Second is to connect • • County Road 83 at Secretariat Drive with County Road 16 opposite Vierling • Drive. The attached concept sketches show two ways to accomplish this. Discussions are underway among the City, Valley Green, and Canterbury Park to make the current access road within Canterbury Park a public street. • • • • • • Canterbury Park 2nd Addition PUD October 1996 5 • , • • The preferred plan assumes that Secretariat Drive is curved northward to • connect into that existing roadway. Another north-south street closer to • County Road 83 is assumed, as well as access from the Canterbury Park side into the western portion of the PUD, by cul-de-sac or direct access. ID If this is not possible,the alternate roadway plan shown would allow Valley • Green to develop a continuous public street on its own property, still making • the connections noted. Either of these plans could be accomplished in the administrative lot split or platting process. • • PUD Permit Approval • The Planning Permit Approvals necessary for the Canterbury Park 2nd PUD are PUD Approval, including the authorized uses noted above, and • variances to certain development standards, also noted above,to be applied throughout the PUD. The PUD request is simply to set a framework for • development and does not include many of the typical details of site • development, such as lot splits, platting, grading, drainage, wetlands, landscaping, parking, building location, building materials, etc. All these issues would be dealt with in the administrative lot split or platting process, • the conditional use permit process (if applicable), site plan approval, and • individual building permits. • PUD Application Information • Because of the general nature of the Canterbury Park 2nd PUD, much of the • information requested by the City for a typical PUD submission is not • applicable to this PUD. Below is a list of the information requested in the City's Submittal Checklist,and an explanation of its relationship to this PUD application. S • • Application for Wetlands Permit: All wetlands on Valley Green • Business Park property have been delineated, and there are no wetlands on the Canterbury Park 2nd Addition property. Since no actual site work • is contemplated as part of this PUD approval, a wetlands permit is not considered applicable at this point. • • Park Dedication Worksheet: Park dedication is already paid on all the properties covered by this PUD. Not applicable. • • • Abstractor's List: Submitted, for properties within 350 feet • • • Cover Letter: Submitted, attached • • S • . • • • • • • Canterbury Park 2nd Addition PUD October 1996 6 • • • • Existing Site and Area Information: • Property Survey: Being prepared by surveyor; to be submitted prior to Planning Commission meeting • • Legal Description: Submitted, attached • Existing Improvements Map: Submitted, attached, on Existing • Conditions map; shows topography with 2-foot contours, existing • streets and highways. •• Existing Natural Conditions Map: Submitted, attached, on Existing Conditions map; shows generalized soils,wetlands,vegetation. The • land is currently vacant. • • • Development Plan: The only features of a development plan that are • dealt with in this PUD are the uses, lot standards and access spacing. All other features of the plan, such as driveways, sidewalks, buildings, etc. • are not applicable. • • • Utility Plan: Utilities are available to the property, but the location and • size of sewer and water lines for future development are not part of the PUD and not applicable here. These features will be detailed in the lot • split or platting process and individual site plans. • • • Stormwater: Grading, drainage, and erosion control measures will be • detailed in the lot split or platting process and individual site plans. Not applicable for the PUD. • • • Traffic Analysis: Detailed traffic analysis is not applicable to the PUD • at this point. A range of uses is proposed which fall within the general . . type of commercial land uses that have been anticipated for this area for. • many years and which have been assumed in the planning of the • surrounding roadway network, including the Highway 101 Bypass. The • alignment and connections of the local roadway through the Canterbury • Park 2nd PUD are still being negotiated among the City, Valley Green, • and Canterbury Park. The results of these discussions could affect traffic volumes and distributions, and will be analyzed at that time. • • • Landscape/Signage/Site Lighting Plan: Landscaping and other site • development plans will be submitted with each individual site plan. • • • . S • • • • Canterbury Park 2nd Addition PUD October 1996 7 • • • • Building Plans: Individual buildings are not proposed with this PUD, • but will be reviewed with the City when individual lots are split or platted, and site plans are processed. • • • Phasing Plan: Phasing will follow market conditions, and is not • presented as part of the PUD at this time. However, it is anticipated that • the parcels furthest east near County Road 83 will develop first,those on the west near County Road 16 would develop next, and the interior parcels later. Individual users and tenants will drive the timing and • phasing of development. • • Plans and Maps: We have provided 20 sets of this narrative with the • accompanying page-size maps. For the type of detail and information associated with this PUD, drawings at a large scale are not needed. • • • Reduced Copies: All information submitted with the Canterbury Park • 2nd PUD is at a reduced scale suitable for copying. • • Proposed Private Covenants: All of Valley Green Business Park land • is governed by a set of protective covenants and restrictions, which are • attached. Among other provisions, the covenants prohibit certain uses, • notably adult entertainment uses and noxious industrial uses. The covenants also require all buildings and site plans to meet not only all • City requirements,but to pass review by an internal Architectural Control • Committee. The standards requested in the PUD are consistent with the • standards in the covenants. • • Watershed District or WMO Review: No grading,drainage,or erosion • control plans are part of the PUD and so review by the WMO is • premature and not applicable to this PUD. Review and permits will be • obtained with future lot splits,plats and individual site plans. • • • •• • • • • • • • • • • Canterbury Park 2nd Addition PUD October 1996 8 • • • Summary Valley Green Business Park wants to continue to provide high quality • business properties and opportunities in Shakopee. The Canterbury Park 2nd • Addition PUD offers a unique situation -- adjacent to the City's major • recreation uses and to the new Highway 101 Bypass. In order to build a high • quality business development, Valley Green recognizes the City's stated interest in creating a compatible environment for existing and future major • recreation uses. At the same time, Valley Green is looking to the City to • recognize the physical characteristics of the land within Canterbury Park 2nd • and its proximity to the major roadway system, and to offer the creativity and • flexibility envisioned in the PUD process. Valley Green believes the • proposed PUD standards reasonable and appropriate. This is not a detailed PUD development plan, but rather a concept PUD framework for • development of uses and lot standards tailored to the situation. • • Valley Green Business looks forward to working with the Planning Commission,City Council and City staff to develop the Canterbury Park 2nd • Addition PUD property with appropriate uses and design standards so that this area can continue to fulfill its potential as part of the growing business • community in Shakopee. • • • • • • • • • • • • • • • • • • • • • . •• • • • • Canterbury Park 2nd Addition • Planned Unit Development • Property Description • • Legal Description • • Legal descriptions of properties in this PUD application are as follows: • Outlots A,B, C and D; Lots 1 and 2, Block 1, Canterbury Park 2nd Addition • plus • Lot 1, Block 1 Canterbury Park 4th Addition • plus • East 1/2 of SW1/4 Section 9, Twp 115, R 22W, except plat of Canterbury Park 4th Addition,and except that portion of the land which lies south of the • TH 101 Bypass (portion of a parcel referred to as "Parcel 57" of Valley • Green's tracts) • PID Numbers • • Parcel PID Number Acreage • • Outlots A,B,C and D:Lots 1 and 2,Block 1, Canterbury Park 2nd Addition: • Lot 1, Block 1 27-123001-0 5.889 • Lot 2, Block 1 27-123002-0 3.342 • Outlot A 27-123005-0 18.718 • Outlot B 27-123006-0 0.971 Outlot C 27-123007-0 1.446 • Outlot D 27-123008-0 20.515 • • Subtotal 50.881 • Canterbury Park 4th Addition: • • Lot 1, Block 1 27-156001-0 2.624 • • Parcel 57: • NW portion of • Parcel 57 27-909004-0 1.935 • • Total Acreage 55.440 • • • • • • • • • • • • • • • • • • ! • • • • • • • • • • • • • • • • • • • • • • • • • • • • • S • • • • • • D • I I aL,- SAGE ASEIAENT ^ Q hj F1 •• m D 0 U1 0� .'SOP n 0, - .� r S — � o cn o CO ' o -zi -< w o-. .. rli • z in /A� '�9 C� I- J• / _ f/ NN J Z O tt 19 F. .4 O D J _ '° o Do 12 g'i CD H (n , Nr. f /"". tri C • i _ o • J DO � cn V • 2/1 / f I. • 46cf) •• if k , - J _ /- fiY m g ,I i...: .:// � L • , 5 ./ • o Oji ri . . 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IIP • MICE or MINIM or rnru a` `� This Is the film Information thr dw-v"ene DECLARA.TION OF PROTECTIVE COVENANTS filed Y" this officean 2115 • • AND RESTRICTIONS FOR Pet ter", Istria of Tita�5 • VALLEY GREEN BUSINESS PARK • • THIS DECLARATION, made this _ y /,y the "Effective Date") by Valley Green Business Park Limited Partnership, a Minnesota united . • partnership ("Declarant"). • • RECITALS • A. Declarant owns land in Scott County, Minnesota, described on the attached • Exhibit A (the "Land"). • • B. Declarant desires to subject the Land to the conditions.covenants. restrictions and reservations hereinafter set forth to ensure proper use and appropriate development and • improvement thereof; to protect the Land against improper use that will depreciate the value of • the Land; to guard against the erection thereon of structures built of improper or unsuitable• • materials; to encourage the erection of attractive improvements thereon; to prevent haphazard and inharmonious uses; to secure and maintain proper setbacks from streets and adequate free • spaces between structures; to provide for adequate off-street parking; and in general, to guide • the planning, design and development of the Land. • . ./ C. Declarant intends that the conditions, covenants, restrictions and reservations • hereinafter set forth be supplemental to existing governmental zoning and other regulations . • affecting the Land, and where conflicts occur, the most restrictive requirements shall be applied. • DECLARATION • • NOW,THEREFORE, Declarant hereby declares that the Land is subject to the following • conditions, covenants, restrictions and reservations which shall operate as equitable restrictions and covenants running with the Land and with each and every part and parcel thereof and shall • apply to and bind each and every successor in interest thereof, and are imposed upon the Land . • as a servitude in favor of said Land and every parcel thereof, and are as follows: • ARTICLE I • DEFINITIONS OF TERMS • The following terms and words are defined as follows: • • Section 1.1 "Adult Entertainment" shall mean any establishment that presents live • performance, films, motion pictures, television, computer video, compact discs, computer media, videocassettes, slides or similar photographic reproductions characterized by the display • or depiction of nudity or obscene performance as defined in Section 5.70 of the City Code as • of the date hereof; and any establishment that uses more than twenty percent(20%)of its display area for or for which more than twenty percent(20%) of its gross revenues is derived from the • `•J • • Gi ,6 I.DOC • • 08/08/96 10:39 FAX 612 445 9372 VALLEY GREEN Q4'+ DSU 1Q003 • • • • �• • sale, rental or distribution of print material, films, motion pictures, compact discs, computer • media, videocassettes, slides or similar reproductions of material containing descriptions or • depictions of such nudity or obscene performance. • Section 1.2 "Building Site" shall mean any lot, or portion thereof, or two or more • contiguous lots or portions thereof, or a parcel of land. upon which buildings and appurtenant • structures may be erected in conformance with the requirements of this Declaration, the size and dimensions of which arc determined by the legal description in the original conveyance from • Declarant to the first fee owner of each parcel, and any later acquired parcels added pursuant • to Section 3.10, below; and any part of a Declarant Parcel that is subject to a Long-Term • Ground Lease during the tern of such lease and any extensions thereof. • Section 1.3 "City"shall mean the City of Shakopee.Scott County.Minnesota.or any • successor governing body which has jurisdiction over the Land. • Section 1.4 "City Code"shall mean the ordinances of the City as amended from time • to time. • Section 1.5 "Commercial Areas" shall mean, • all parts of the Land other than Industrial Areas. • • Section 1.6 "Declarant" shall include Valley Green Business Park Limited • ..""/ Partnership, a Minnesota limited partnership, and any successor or assign to which the rights of Declarant as Declarant hereunder are assigned in writing. • • Section 1.7 "Declarant Comrttittee" means the committee elected to replace • Declarant as provided in Article IV, Section 4.3, below. • Section 1.8 "Declarant Parcel" shall mean any part of the Land owned by Declarant. • Section 1.9 "Front Yard" shall mean a yard extending along the full length of the • front lot line between side lot lines and extending from the abutting front Street right-of-way line • to a depth required in these protective covenants. Any Street facing, except for the Highway • 101/169 Bypass, shall be considered a Front Yard. • Section 1.10 "Improvement(s)"shall mean all structures or other changes of any kind. • whether above or below grade, including, but not limited to buildings, outbuildings appurtenant • thereto, equipment, utility installations, sending or receiving antennae, storage areas, parking areas, signs, loading areas, walkways, driveways, site lighting, site grading, landscaping, earth • movement, trackage, fences, walls, hedges, lawns, mass plantings and any exterior additions, • changes or alterations thereof, whether in color, shape or otherwise. • Section 1.11 'Industrial Areas" shall mean all parts of the Land which, under current • . or future zoning regulations, now or hereafter can be used for the Permitted Uses or Conditional • Uses that are allowed as of the date hereof in areas now zoned I-I or 1-2 under the City Code. • • 2- • G;IDOCSIPUHL aAPlt0076 1.DOC • • 08/08/96 10:39 FAX 612 445 9372 VALLEY GREEN 44-0 DSU 16004 • • • • • Section 1.12 "Invitees" means any licensees, clients, customers, agents, employees, • guests, consultants and contractors of Declarant, Owners or Tenants. Section 1.13 "Long• -Term Ground Lease' means a ground lease covering all or any part of Building Site, which has an initial term, without regard to options to extend the term, • of not less than ten (10) years. • Section 1.14 "Mortgagee" • or deed of trust lien(a "Mortgage")")on any sBu Building Sany persoite and who has notifiedor entity that holds a valid De lafirsr mortgage fact in writing. rant of this • Section 1.15 "Owner"shall mean any person or entity who holds the legal or equitab title to any Building Site, and any lessee of any Building Site under a Long-Term Ground Lease. •• Section 1.16 "Plans and Specifications" shall mean detailed information in writing regarding the proposed use of a Building Site including copies of all permits or applications for. • permits and any other plans, drawings or similar materials submitted for governmental approval • and three(3)complete sets of construction plans, drawings and specifications showing or stating • all aspects of the proposed development, including, without limitation, the following: a. location of all structures, easements, street rights-of-way and setback lines; b. location of all walks, driveways and curb lines; • �✓ c. layout and location of all parkingareas, • including location and dimensions of all spaces, circulation aisles; islands, curbs and bumpers; d. layout and location of all loading areas; • e. layout and location of all outside storage areas, including identification and size • of the material to be stored and location and dimensions of all fencing and screening; f. all landscaping, including location, height, spread, type and number of trees and • shrubs and location and type of all ground cover and lawn material, and also including the type and location of all existing plant material on the Building Site; g. location, height, intensity and fixture type of all exterior lighting; h. location, size and typo of all pipes, lines, conduits and appurtenant equipment and. • facilities for the transmission of sanitary gas, telephone, sewage. atormwater. water, electricity. P , steam and other utility services; i. location, size and type of all fencing; • j. architectural floor plans, building elevations, wall sections and details of each • building, including equipment located on the exterior of the building and the • proposed method of screening this equipment; k. building materials and color information, including Psign samples; 1. permanent design (showing location. size. type and material and color information); • m. site coverage data and calculations; n. parking data and calculations, including base data for projected needs; • . -3- . • CA SIRANS0076 1 7E0C • • 08/08/96 10:40 FAX 612 445 9372 VALLEY GREEN 444 DSU lin005 • 1. • • • • - •• o. site drainage data and calculations. including finished contour lines and spot elevations; p. description of proposed use; and • q. any other information required by Declarant in writing. • Section 1.17 "Rear Yard"shall mean a yard extending along the full length of the rear • lot line between the side lot lines and extending toward the front for a depth as specified in these • protective covenants. and shall include any yard abutting the Highway 101/169 Bypass. • Section 1.18 "Side Yard"shall mean a yard extending along the side lot line between the front and rear yards, having a width as specified in these protective covenants. • Section 1.19 "Street"shall mean a right-of-way for road purposes granted or dedicated • to the public, except for the Highway 101/169 Bypass. • Section 1.20 "Tenant" means any person or entity who owns or holds any interest In all or any leasehold • part of any Building She or Improvement. • ARTICLE II • USE RESTRICTIONS • Section 2.1 Generally. Any use which is deemed by the Declarant to be incompatible or objectionable, including without limitation, any use which produces offensive or unusual • odors, fumes, dust, smoke, noise, hazardous waste or pollution, or which might produce an unusual danger of fire, explosion or other casualty, is prohibited. All business, production, • servicing and processing shall take place within completely enclosed permanent buildings unless • otherwise expressly approved in writing by the Declarant. • Section 2.2 ,Specific Prohibited Uses. Without otherwise limiting the provisions of • Section 2.1 or any other terms and conditions of this Declaration, the Improvements and Land • shall be used for Industrial, commercial, office, hotel or residential purposes and other uses ordinarily incidental thereto and shall comply with the City Code. The Land shall not be used for the following purposes: • • a. Vehicle wrecking or reduction for parts. • b. Manufacturing, storage, distribution or sale of explosives. c. Paper and pulp manufacturing. • d. Pickle, sauerkraut or sausage manufacturing. • e. Slaughter house or smoke house. • f. • Tar distillation or manufacturing. g. Open sales lots. • h. Sanitary land fill. i. Ready-mix concrete plant. • • j. Asphalt mix plant. • • • -4- • CADOMPUBLARANOC776 LDDC • 08/08/96 10:40 FAX 612 445 9372 VALLEY GREEN ate+ DSU (m 006 • • • • �i • k. Dumping, disposal. incineration or reduction of garbage. sewage, dead animals • or refuse. , • 1. Reftnirkg of petroleum or its products. m. Smelting of iron, tin, zinc or other ores. • n. The raising of animals of any kind. • o. Adult Entertainment. S Section 2.3 Hazardous M riaja. No storage or disposal of hazardous or toxic • materials., or discharge of such materials shall be permitted within the Land, except in • compliance with all governmental laws and regulations applicable thereto. Any Owner. Tenant . or other person or entity subject to this Declaration that violates this provision, whether intentionally or negligently, hereby agrees to indemnify Declarant and each and every other • Owner against any and all liability and costs arising from such violation, including reasonable • attorney's fees. • Section 2.4 Zo • n ing. No Owner may file any application to change the zoning or to obtain a variance from applicable zoning requirements for • written approval of Declarant. Notwithstandinganything herein Buildingt hont tea without the prior • preceding sentence, Declarant reserves the right to apply for a change in or variance from the use and zoning of Declarant Parcels. • • ARTICLE III • IMPROVEMENT REGULATIONS • Section 3.1 Declarant Approval. No Improvement shall be erected,placed,or altered • on any Building Site until the Plans and Specifications have been submitted to and approved in • writing by Declarant as to conformity and harmony of external design with existing structures on the Land, and as to location of the Improvements on the Building Site, giving due regard to • the anticipated use thereof as same may affect adjoining structures. uses and operations, and as • to location of the Improvements with respect to topography, grade, elevation. Whenever the and finished ground • approval of Declarant is required under this Declaration, Declarant shall not be liable for damages to anyone requesting such approval, or to any Owner, Tenant or • other holder of an interest affected by this Declaration, by, reason of mistake in judgment,. negligence,or nonfeasance of itself, its agents or employees,arising out of or in connection with • the approval or disapproval or failure to grant such approval. Each person who seeks such approval agrees, by so seeking, and every Owner, Tenant or other holder of an interest affected • by this Declaration agrees, by acquiring an interest in the Land, not to bring any action, • proceeding or suit against Declarant seeking such damages. If Declarant fails to approve or • disapprove any written request for approval in writing within thirty (30) days after such written request has been submitted to Declarant, such written request for approval will bedeemed to be • approved. • Section 3.2 Setback Requirejients, No Improvements may be constructed Yard except as provided in this Declaration. The minimum Front Yard setback in Industrial • Areas shall be fifty(50) feet. The minimum Front Yard setback in Commercial Areas shalLbe • -5- • d' a i.DOc • • 08/08/96 10:41 FAX 612 445 9372 VALLEY GREEN -,44 DSU 411007 • • • . • • • forty(40) feet for Improvements other than ground level parking areas, and twenty (20) feet for • ground level parking areas. Building Sites at the corner of intersecting Streets shall maintain • minimum Front Yard setbacks from each Street. The minimum Side Yard setback shall be 20 feet. The minimum Rear Yard setback shall be 20 feet, provided, however,that where railroad • spurs or railroad easements are located on Building Sites or contiguous thereto, the*Side Yard • or Rear Yard setbacks, as the case may be, shall be measured from the edge of the easement and • shall be the greater of 20 feet or the minimum clearance required by Minnesota Statutes, Federal laws or Railroad rules and regulations. If the Declarant determines that a smaller setback is desirable to achieve a special architectural design that is compatible with the character of the • surrounding area, then such smaller setback shall be allowed if specifically approved in writing • by Declarant. The following Improvements may be constructed in Yards: • a. Structures below and covered by the ground where such structures will not interfere with underground utilities. • b. Lighting standards, steps. walkways, driveways and curbing. c. Planters, walls, fences or hedges, not to exceed 4 feet in height. • d. Other landscaping, including landscaped earthen berms, approved in writing by • Declarant. • c. Other Improvements, including parking areas, if approved in writing by Declarant. • • Section 3.3 )casements. Non-exclusive public easements for utility lines for electricity, sewer, water, gas, telephone, cable television, or other similar utilities are hereby • reserved over all Building Sites over the ten feet (10') adjoining all boundary lines of the • Building Sites, provided, however. that where railroad easements are located on Building Sites. • the boundary line for the purpose of determining the location of such easements shall be edge • of the railroad easement. No Improvements may be constructed in such easements except landscaping in accordance with approved landscaping plans or as otherwise specifically permitted • herein. Section 3.4 Mechanical Systems. All mechanical,S electrical, pollution control or waste handling equipment, whether roof, pedestal or ground mounted, and any outside solid • waste, raw material,inventory, finished product,equipment, fuel storage facility or other storage •• . of any kind, shall either be architecturally screened from view using materials identical to, or structurally and visibly compatible with, the main Buildings on the Building Site, or shall be • landscape screened. All storage areas shall be screened as provided above and shall be • hardsurfaced with either concrete or asphalt materials within ninety (90) days from the date of • occupancy, or as soon thereafter as weather will permit if such period occurs during winter months. S • Section 3.5 Ancillary Andilwairagares. Ancillary Structures*ill be approved by Declarant • only if such Structures are necessary to the principal use of the Building Site, are in architectural and aesthetic conformance with other Buildings on the Site, are properly screened, meet all • requirements of these covenants and the City Code and are otherwise satisfactory to Declarant • in Its sole discretion. • -6- • d+UDOCs1RinuRAP3007L1.DOC • VALLEY GREEN +�� DSU IQ 008 08/08/96 10:42 FAX 612 445 9372 • • • , • • • Section 3.6 Utilities. All utilities serving a Building Site shall be installed • underground or within buildings, unless installed in compliance with the requirements for • Mechanical Systems set forth above. • Section 3.7 Lighting 5 d . Lighting on individual BuildingSites shall adhere • to applicable governmental lighting igh ung codes and ordinances. Each Building Site shall have • adequate exterior lighting for its intended use, without detrimentally affecting activity on adjacent properties or traffic on streets and highways. All plans for lighting must be submitted • to Declarant for approval as part of the Plans and Specifications. • Section 3.8 Imnriamial and • placement of' Improvements such as special utilities, antennae Q receivingec dishes,t'on towers • incidental storage buildings, and other facilities not specifically addressed elsewhere within this • Declaration shall require the written approval of Declarant. • Section 3.9 nds • designed for ar ' �. Yards and any other vacant area except those areas P king, loading or open storage shall be sodded or seeded and landscaped in an • attractive manner with trees or shrubs, and adequate underground sprinkling systems shall be installed, according to plans first approved in writing by Declarant. Such landscaped areas shall • be adequately maintained during the life of this Declaration in an attractive and presentable • manner. Section 3.10 Psalm. • • a. Each Building Site shall contain all required parking facilities entirely within such • Building Site. Parking on Streets and any other area than designated parking • areas is expressly prohibited. • b. Trailer parking shall be in designated trailer parking spaces and shall be neat and • orderly at all times. • c. The number of parking spaces provided on a Building Site shall at least meet the • requirements of the City Code and shall be sufficient to accommodate all parking '', • needs for employees, company vehicles and Invitees Without the use of on-Street parking. If parking needs for a Building Site may increase in the future, the • • Owner shall provide evidence satisfactory to Declarant that there is sufficient • space available on the Building Site for future required parking spaces. If parking needs for a Building Site do increase, additional parking areas shall be • provided on the Building Site by the Owner as may be required by Declarant. Declarant shall have no obligation, express or implied, to provide any such • additional parking areas, • d. In Commercial Areas, if no building or other p • between a parking area and a Street, such parking area shall not be located closer • than twenty (20) feet to the Street right of way line. • -7- • c, s_i.noc • 08/08/96 10:42 FAX 612 445 9372 VALLEY GREEN 4-04 DSU @1009 • • • • • 'mss' e. No parking shall be located in the required Side Yards. • • f. A Building Site may have not more than the greater of two (2) curb cuts or one (1) curb cut for each two hundred (200) feet of Street facing. The maximum width of driveways shall not exceed 24 feet,except that the maximum width may • be increased to 36 feet with the prior written approval of Declarant. • g. Allarki P ng spaces and access drives shall be adequately surfaced with concrete; • bituminous or equivalent material and be properly maintained during the life of • this Declaration. • Parking arrangements and access drives, drainage methods, and surfacing must be in • writing by Declarant. If the parking' requirements approved P as set forth herein cannot be met, an Owner • may meet the requirements by acquiring ownership of or easements on an additional parcel of • the Land contiguous to the Building Site to fulfill these requirements. If ownership of such a parcel is acquired, the acquired parcel shall be added to and become a part of the Building Site. • However, all such proposals must be submitted to Declarant and receive prior written approval. • Section 3.11 din . Facilities for handling all truck service shall be totally within each Building Site. No loading areas or loading docks shall be located facing the • Highway 169/101 Bypass. No loading areas or loading docks shall be located within forty(40) feet of a Street. Loading doors may face a Street only if the building is set back a minimum of • ,�,. one hundred(100) feet from the Street and the view from surrounding Building Sites and Streets and the Highway 169/101 Bypass is adequately screened in the sole opinion of Declarant. Plans • for loading areas and truck handling facilities must be approved by Declarant in writing. • • Section 3.12 Temporary Structures. No structure of a temporary character, trailer. tent or shack shall be constructed,placed,or maintained upon the Land,except accessory to and • during construction of permanent buildings. • Section 3.13 Outside Sto • nige. Outside storage shall be permitted only upon prior written approval.of Declarant, and then only behind a principal building or within the rear half • of a Building Site if screened from view by screening walls, earth berms or plant material at • least equal in height to the material being stored. Equipment and facilities for.the bulk handling and storage of liquids, petroleum products, fuels and similar materials shall be architecturally • compatible with the buildings or shall be screened by a facade that has been approved in writing • by Declarant. • Section 3.14 Signage. No signs on pylons or billboards are permitted in Industrial • Areas. All signs visible from the exterior of any building must be submitted for review and • approval in writing by the Declarant prior to their installation. Signs shall not exceed the size • permitted by the City Code or other applicable governmental regulations and shall be maintained in a safe and presentable condition at all times, including replacement of defective parts, • painting, repainting, cleaning and any other necessary maintenance. The person installing such • sign shall also first obtain the appropriate sign permits from the City or any other governmental • -8- • GADOCS UEARAP3o076,LDOC • 08/08/96 10:43 FAX 612 445 9372 VALLEY GREEN -. . DSU Q010 • • • • • • or quasi-governmental entities. Any sign which exceeds the size limitation set forth above or • which constitutes advertising (as determined in Its sole discretion by Declarant) shall be subject • to written approval,which approval may be granted or denied in the sole discretion of Declarant. • • Section 3.15 Fences. Fences shall be permitted only with the prior written approval • of Declarant. Fences generally shall be limited to the Rear and Side Yards. • Section 3.16 Building Site Changes. The dimensions, size and area of a Building Site. • once determined by the original conveyance from Declarant, may be changed or divided only • upon the written approval of Declarant and then only if each resulting Building Site conforms • to the City Code and the restrictions contained herein. • ARTICLE IV • MISCELLANEOUS • Section 4.1 Declarant Approval. Whenever the written approval of Declarant is • required under this Declaration, then the same conditions and waivers apply in such a case as • are applied in Article III, Section 3.1. • • Section 4.2 Replacement of clarantl el rAt1t Corr�,T,inpeNot��r g. At such time • that Declarant no longer is a record Owner of any Building Site or a record owner of any • Declarant Parcels, Declarant shall cease to be the Declarant under this Declaration. Declarant at its option may resign its position as Declarant at any time by written notice mailed to the • record Owners at the mailing addresses of the Building Sites and filed for record in the Office • of the Registrar of Titles, Scott County,Minnesota. If Declarant ceases to be Declarant, resigns • its position as Declarant, or consistently fails to enforce these covenants, it may be replaced as Declarant hereunder by a Declarant Committee consisting of three persons elected by the record • Owners of the Building Sites as hereafter provided, which Declarant Committee thereafter shall • act as the Declarant hereunder, except that it shall not have the power to exercise the rights of • Declarant under Article IV, Sections 4.4,4.6, 4.13 and 4.14(b)of this Declaration, which rights shall expire. When the Declarant Committee Is first established, one member shall be elected • for a term of one year, one member shall be elected for a term of two years, and one,member . • shall be elected for a term of three years. Thereafter, upon the expiration of each member's • term, a successor shall be elected for a term of three years. Candidates for election to the Declarant Committee may be nominated by any record Owner in writing by mailed notice sent • to the other record Owners as provided herein, and for any election the nomination period shall • begin not earlier than thirty(30) days before the end of the expiring term or before the effective • date when Declarant ceases to be Declarant, and shall extend for twenty (20) days after the earliest postmark of a mailed notice. AU candidates whose nomination notice is postmarked • before the end of a nomination period shall be on the ballot. If no candidate on a ballot receives • an absolute majority of the Votes, then the candidate receiving the fewest votes shall be dropped IP from the ballot and another vote shall be taken, and this procedure shall be followed until there are only two candidates remaining on the ballot, which shall be the last ballot, and the candidate • receiving a simple majority of the Votes cast on the last ballot shall be elected. If there is la tie -9- • O;DOCsaUBLuPsams c.DOC • • 08/08/96 10:43 FAX 612 445 9372 VALLEY GREEN +44 DSU Z011 411 • • • • •u for the fewest votes, the candidate to be dropped from the ballot shall be determined by a coin • toss. If the vote on the last ballot Is a tie, the winner shall be determined by a coin toss. • Members shall continue to serve until their successors are elected, unless they die, resign, or • are otherwise unable to serve, In which case a successor shall be elected fill out the remainder of the term. All actions taken by the Declarant Committee must be approved by a majority of • its members. During any time that the Declarant Committee has less than two members, it may • not exercise any of its powers hereunder. For all voting purposes under this Declaration, each • Building Site and the Declarant Parcels shall be entitled to votes equal to the area of the Building Site or Declarant Parcels in acres. For example, if a Building Site or Declarant Parcels contains • 1.43 acres, then the record Owner or Owners are entitled to 1.43 votes. If there is more than • one Owner for a Building Site or the Declarant Parcels, the votes must be cast by all of the record owners acting together unless they have designated one of themselves to cast the votes in a writing signed by all of them and delivered to Declarant prior to the vote. All votes of the • Owners hereunder shall be in writing, and a permanent record thereof shall be kept by • Declarant, and after the Declarant Committee is established, by the Declarant Committee. • Section 4.3 Duratiog, Each of the conditions,covenants, restrictions and reservations • contained herein shall continue and be binding upon the Land, Declarant and upon its successors • and assigns and upon each of them, and upon all parties and all persons claiming under them for a period of thirty years from and after the Effective Date. Thereafter, this Declaration can 0 be extended for successive periods of ten years each upon the execution of a recordable • instrument to that effect executed by the record Owners of the Building Sites and Declarant • Parcels holding a majority of the votes at the time, said instrument to be executed and recorded • prior to the expiration of the initial period or of the prior extension period. • Section 4.4 Amendment. At any time these covenants or any pan thereof may be • amended in whole or in part upon the written approval of Declarant so long as Declarant has not resigned or been replaced, and of the record Owners of the Building Sites and Declarant Parcels • holding a majority of the votes at the time of the amendment. Such written approval must be • properly recorded in the office of the Registrar of Titles, Scott County, Minnesota. A • recordable certificate by an abstract company showing record ownership of the Declarant Parcels • and the Building Sites shall be conclusive evidence of ownership under this Section. • • Section 4.5 ,Severability. Invalidation of any one of these covenants or any part • thereof by judgment or court order shall in no way affect any of the other provisions hereof, which shall remain in full force and effect. • • Section 4.6 D.se of Excavated Mare . Declarant shall at its option have the right . to free use of any soil, sand, gravel, rock or other material excavated from any Building Site, if such material is not used upon the Building.Sits from which it was excavated. The Owner • shall deposit any such material at whatever location within the Land Declarant shall require. • No excavated material shall be removed from the Land without the prior written consent of • Declarant. • • -10- • a• 6I.DOC • • 08/08/96 10:44 FAX 612 445 9372 VALLEY GREEN 444 DSU 4012 • - • . 4 • • Section 4.7 Maintenance a Rep . All Improvements on Building Sites shall be • kept, maintained and repaired in good condition at all times. Regular maintenance routines shall 40 be followed by Owners such that the Improvements continue to be maintained, at all times, in reasonable condition. • Section 4.8 Rig t to Enter_a d Maintain. Declarant shall have the right to enter upon any Building Sites, at reasonable times and after reasonable notice to the Owner, for the purpose • ' of maintaining, renewing, or reconstructing any utilities, facilities or other Improvements which • benefit other Building Sites. No prior written notification shall be required for emergency • repairs. • Section 4.9 Right to Assess. The cost of such maintenance, renewal or • reconstruction whether by Declarant or a governmental unit may be assessed against the Owners • of all benefitted Building Sites on a pro rata basis, based on the acreage of the benefitted Building Sites. Any assessment imposed hereunder shall be a lien against the benefitted Building Sites. Such lien shall be in the nature of a mortgage and enforceable pursuant to the procedures • for foreclosure of a mortgage by advertisement or by action. • Section 4.10 F.nforcement. These covenants shall be enforceable nforceable by any Owner or • Declarant and its assigns in any manner provided by law or equity, including but not limited to • one or more of the following: • a. Injunctive relief. • b. Action for specific performance. • c. Action for money damages. • d. Performance of these covenants by Declarant on behalf of any party in default • thereof for more than thirty days, after receipt by such party of notice from Declarant describing such default. In such event, the defaulting Owner shall be • liable to Declarant for the actual costs of performing these covenants, which costs • shall be a lien against the Building Site in the nature of a mortgage and enforceable by Declarant pursuant to the procedures for foreclosure of a mortgage by advertisement or by action. • • Section 4.11 BekagEraSt. Any amounts expended in enforcing these covenants, including reasonable attorney fees, and any amounts expended in curing a default on behalf of any Owner or other party, shall constitute a lien against the affected Building Site until such amounts are reimbursed to the enforcing party, with such lien to be in the nature of a mortgage • and enforceable pursuant to the procedures for foreclosure of a mortgage by advertisement or by action. • Section 4.12 Failure to Enforce. The failure of Declarant or any party in interest to • enforce any part of this Declaration upon its violation shall in no event be deemed to be a waiver. of the right to do so as to any subsequent violation. Any violation of this Declaration shall not • defeat nor render invalid the lien of any mortgage or deed or trust made in good faith and for • value. • • -11 • CI'DOCSII'UIUMAR50076 L.DOC • • 08/08/96 10:44 FAX 612 445 9372 VALLEY GREEN 444 DSU • tj013 • • . • • Section 4.13 Annexation of Additional Property. Declarant from time to time may • add other real property owned by it to the Land by filing a Supplemental Declaration in the • Office of the Registrar of Titles and/or the County Recorder, Scott County, Minnesota, adding additional real property to the coverage of this Declaration. Upon the filing of any such • Supplemental Declaration, the additional real property covered thereby shall(except as otherwise • expressly provided in such Supplemental Declaration) thereafter be a part of the Land for all • purposes. • Section 4.14 ,Subdivision and Platting. • a. Subdivision. Once a Building Site has been purchased from Declarant, Its successors or assigns, such Building Site shall be considered as a single • unit and further subdivision of all or any portion of the Building Site is prohibited unless prior written approval is given by the Declarant. The • signing of a Long-Term Ground Lease covering less than an entire Building Site is a subdivision requiring approval under this Section. • b. Mang. Declarant may, at its expense, plat or replat all or any part of ® the Land at any time and from time to time. Each Owner of a Building Site, and the holder of any lien on any Building Site, covenants and agrees that it shall not oppose or otherwise challenge and agrees to join in, and • execute and deliver, such further instruments or documents as may be ''— reasonably requested by Declarant in connection with, any plat or replat of all or any portion of the Land so long as such plat or replat does not • change the boundaries of, or access to, the affected Building Sites. • Section 4.15 Variances.. The Declarant is hereby authorized and empowered to grant reasonable variances from any of the provisions of this Declaration in order to overcome • practical difficulties or to prevent unnecessary hardship in the application of any of the • provisions herein contained. No variances granted pursuant to the authority granted herein shall constitute a waiver of any provisions of this Declaration as applied to any other person. • • VALLEY GREEN BUSINESS PARK LIMITED PARTNERSHIP,by VALLEY GREEN BUSINESS • PARK, INC., a Minnesota corporation, its General • Partner • 14,e1• By • Wendell R. Kurtz, ice President • • • • • -12- • GADOCAPUBURARSOCM..1AOC • • 08/08/96 10:45 FAX 612 445 9372 VALLEY GREEN ++� llSU IQ.jU14 • • •. . • • • STATE OF CONNECTICUT • ss. COUNTY OF FAIRFIELD • The foregoing instrument was acknowledged before me this 13 day of • • . 1996, by Wendell R. Kurtz, the Vice President of Valley Green Business Park. • Inc., a M sots corporation, as general partner of Valley Green Business Park Limited • Partnership, a Minnesota limited ited partnership, on b half of the co ration and partnership. • • Notary Public / • This instrument drafted by • BEST & FLANAGAN (RAP) Professional Limited Liability Partnership raacErc.��° „� • 4000 First Bank Place FAIRFIELD cousinN • 601 Second Avenue South �*^ ^Espltas JAN 3+.1907 • Minneapolis, MN 55402-4331 • • • • • • • • 0 0 • • • • • • • • • • • • -13- • GMDOCSI UDIARAPO00T6I.DOC • • 08/08/96 10:45 FAX 612 445 9372 VALLEY GREEN 444 DSU I6015 • • • • • EXHIBIT A i • Land • • Lot 1,Block 1,Canterbury Park 2nd Addition,according to the plat on file and of record in the • Office of the Registrar of Titles,Scott County,Minnesota. • Lot 2,Block 1.Canterbury Park 2nd Addition,according to the plat on file and of record in the Office of the Registrar of Titles.Scott County,Minnesota,EXCEPT that part shown as parcel 74 • on Minnesota Department of Transportation Right of Way Plat No.70-8 on file and of record in • the Office of the Registrar of Titles in and for Scott County,Minnesota. Lot 2,Block 1,Canterbury Park Third Addition,Scott County,Minnesota,EXCEPT that part • shown as Parcel 74 on Minnesota Department of Transportation Right of Way Plat No.70-10 on file and of record in the Office of the Registrar of Titles in and for Scott County,Minnesota. • Tract 0,except the south 100 feet of the east 100 feet Tract F,except Parcel 74,a Minnesota Department of Transportation Right-of-Way Plats No.70-10 and 70-12;that part of Tract G • which lies westerly of the southerly extension of the most easterly line of Tract E,except Parcel • 74.Minnesota Department of Transportation Right-of-Way Plat No.70-12,all in Registered •` Land Survey No. 134.Scott County,Minnesota. • • • • •• • • • • • • • • • • 'IC . CITY OF SHAKOPEE Memorandum TO: Mayor and City Council Mark McNeill, City Administrator FROM: R. Michael Leek, Acting Community Development Director SUBJECT: Norbert Theis PUD DATE: September 25, 1996 Discussion: Norbert Theis has submitted an application for approval of an as yet unnamed Planned Unit Development (PUD). The subject site is located west of County Road 79 and North of the Bypass, and is zoned Urban Residential (R-1B). The PUD would contain 35 multi- family dwellings in 8 buildings of 2, 3,4, 6 and 8 units. The total site area is 7.73 acres. Copies of the August 8th and September 5th memoranda to the Planning Commission have been attached for your reference. At its September 19, 1996,the Planning Commission recommended approval of the PUD to the City Council. Alternatives: 1. Approve Norbert Theis Planned Unit Development, subject to conditions. 2. Do not approve Norbert Theis Planned Unit Development. 3. Table action on this item, and request additional information from staff and/or the applicant. Planning Commission Recommendation: The Planning Commission has recommended the approval of Norbert Theis Planned Unit Development(Alternative No. 1). Action Requested: Offer Ordinance No. 466, and move its approval. R. Michael Leek Acting Community Development Director THEISPUD.DOC/RML ORDINANCE NO. 466 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 THE SOUTHWEST CORNER OF THE SHAKOPEE BYPASS AND COUNTY ROAD 79, SOUTH OF MOUND STREET, FROM URBAN RESIDENTIAL (R-1B) TO PLANNED UNIT DEVELOPMENT OVERLAY ZONE NO. 7. WHEREAS, the owner of the land described on Exhibit A, commonly known as the southwest corner of the Shakopee Bypass and County Road 79, south of Mound Street, has submitted an application requesting rezoning from Urban Residential (R-1B)to Planned Unit Development Overlay Zone No. 7; and WHEREAS, notices were duly sent and posted, and a public hearing held on September 5, 1996, and continued on September 19, 1996, 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. NOW, THEREFORE THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA HEREBY 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 the southwest corner of the Shakopee Bypass and County Road 79, south of Mound Street, from Urban Residential (R-1B) to Planned Unit Development Overlay Zone No. 7. Section 2 - That all provisions of City Code Chapter 11, Zoning, shall apply to this zone, except as modified below; Residential uses are restricted to those depicted on Exhibit B, "PUD Plan, Preliminary Street Layout." Section 3 - The following procedural actions must be taken: 1. The perpetual maintenance of all open space and outlot areas shall be provided for by a homeowners association, in a form approved by the City Attorney. 2. The Planned Unit Development shall provide a minimum of 20% open space. 3. A development agreement stating the conditions of approval of the PUD must be filed with the Scott County Recorder. The Mayor and City Clerk are hereby authorized and directed to execute the Development Agreement for the Planned Unit Development. -- THEISPUD.DOC/RML 2 y - Section 4 - Effective Date. This ordinance becomes effective from and after the date of its publication. Passed in session of the City Council of the City of Shakopee, Minnesota, held this day of , 1996. Mayor of the City of Shakopee Attest: City Clerk Prepared by: The City of Shakopee 129 Holmes St. S. Shakopee, MN 55379 Published in the Shakopee Valley News on the day of , 1996. THEISPUD.DOGRML 3 .s - EXHIBIT A The S 1/2 of the SE 1/4 of the SE 1/4 of Section 12, Township 115, Range 23, except MNDOT plat 70-15 and 70-20 and Outlot A, P & V 2nd Addition THEISPUD.DOCIRML 4 1 _ q 1 I-vi \\.r1,-tI \V `� -‘I \t\\ / 1 \ // � 1 I 1 ^1'-i•n1\ Irl'\ A rA f'11-r1r\n I /�/ lxG�'y\' / 1 I..————0-1t� _1,,,x 1 1 fls "L_u\./I v i � V 1 I I\./ v �i n70 - F.' I I II tn 1 co . ....________-_-___,,7 ...--/-_,,,_1 \/ s\s‘ 1 m o i m1 ORCHARD PARKWAY_- �� 1/411i vv �. / 18 __1._i: ._N'L"--1-'v-----s'' 1 z or ,,, z 2 I .\._ I - --:- I t 0 ..-------- / c 711 A ..__Ivrr _- /r-i ... at / w +'F ( I I, \ne 0 ii;- -i 2 IS\ ‘ \* ` ww ww w \ Adh Y4 , .761.00100A-**jitney.* ,,,, \% I O I\ 1 Re (11 lid 1 q \)/ w \ 1 ,o 41 / \ I / /1 I \0 I s o40:01kl4ilt 1 rn �I / \ CA---1,, )__________T__A 1 I 0 0 1 / ;.� \ I II! z 1 • /// / / \\ ,..--_,/,, 4 I� �� / _ I --1\ i 1 1 1m 7vv/ / , / I D \ \\ I. J I / 1 (D., \ , �/ I I' I iovr 1 ?rl! np II II I/ IIII = I/ I Cly. I I I f— oi. I I m / , , 1 _.5 s c___.... 13 ;s 1..-—- ; ZCO / f LE�18 S R E �'`I '�., ____c__ --.i.--__ 1-- t. 7 m o , m EmmiNinism err `� I �L7 1 • W �' / / ii III1� r 9:: " I 1 I / \ Sea , ( 1-1 i • i r I / ..) 1 / w -, I 1 IMMO �`� I I ' I I �� I a� 1111.1111 I 11 I ;.r\ 11 z; I ■ I Q.1 II 1 (�-) 1 11( v� \ 1111111111111.11„ I \ -•'(3 TrtTL ImiaI '®� I I ? I I �m nIRINAI , II z.� ®w I I I CA 1 moI \ I I''' . I I > '� ISI I 1 0 I I i') ; 1� _ �� I CO I >o,3:0 AA 1,10F . I ,1i 1 g ; 1 I - I fa r 2—to 7 -j Iq I I II, I : 1 (�I v c° ra, III rr, Roy`'N0. I I ————--� I I 1 ri——.__1-' ______i —1 .141 c I'v BpENCER 8'1-_i----- _ - ("II� g 'zit> Fi A s5.• `rl rillc T Pr.... I wi . -. g rffri q ill f EC O o z nw� CITY OF SHAKOPEE Memorandum - TO: Planning Commission FROM: R. Michael Leek, Planner II/Acting Community Development Director SUBJECT: Theis Planned Unit Development NIEETING DATE: September 5, 1996 ITEM NO.: 9 Site Information • Applicant: Norbert Theis Location: North of the Bypass;West of County Road 79 Current Zoning: Urban Residential (R-1B) Adjacent Zoning: North Urban Residential (R-1B) East Medium Density Residential (R2) \Vest Medium Density Residential (R2) Attachment: Exhibit A: Revised PUD Plan Exhibit B: Minnesota DOT Letter of August I9 Introduction: Norbert Theis submitted an application for approval of an as yet unnamed Planned Unit Development (PUD). The subject site is located west of County Road 79 and North of the Bypass, and is zoned Urban Residential (R-1B) (Please see Exhibit A). The Planning Commission reviewed the PUD plan at its August 8, 1996, meeting, and tabled the matter to have the applicant revise the PUD plan to align the intersection with Appleblossom Lane. As revised, the PUD would contain 35 multi-family dwelling in 8 buildings of 2, 3, 4, 6 and 8 units. The total site area is 7.73 acres. Considerations: General: The revised PUD submitted conforms to the discussions held with the Commission about the original concept. Specific: THEfPUD2.DOGRML _ 1 1. The draft 1995 Comprehensive Plan has designated this area for single family residential development. 2. PUDs are required to provide at least 20% open space. Open space provided on the site totals 3.75 acres, or about 48% of the gross site area. 3. The right-of-way shown for the connection to Lewis Street is 60', 6' less than the right-of-way provided for Lewis Street. 4. The subject site is subject to VIP connections fees, which fees are required to be paid prior to final plat approval. 5. The Building Department has provided the following specific comments; a) Adequate distance should be provided between the highline tower and street/driveways in Outlot A. b) Fire apparatus driveways must have an unobstructed width of at least 20'. For example, if the driveways are only 20' wide, then no parking should be allowed on the driveways to insure emergency vehicle access. c) Building construction and sewer and water service requirements would be reviewed at the time of building permit application. 6. The applicant has asked that park dedication be deferred until issuance of building permits. 7. The Engineering Department has provided the following, specific comments; a) The proposed plan does not identify utility easements for the location of telephone, cable and other utilities. 8. Parcel 27-912007-0 is subject to a levied assessment. 9. Scott County has recommended 50' of right-of-way from the centerline of C.R. 79, and indicated that any work in the right-of-way for C.R. 79 will require a county permit. 10. NinDOT has submitted the specific recommendations contained in Exhibit B. The purpose of the Planned Unit Development Overlay Zone (PUD) section of the Zoning Ordinance is identified as the following; "to encourage innovation, variety, and creativity in site planning and architectural design to mcrrimi_e development compatibility to encourage the planning of large parcels of land as a unit; to provide for greater efficiency in the use of landstreets, and energy; to protect important natural and cultural landscape features; to preserve open space; and to provide quality living, working, shopping, and recreating environments for residents and visitors". As revised, the PUD preliminary plan meets the open space objectives of the PUD Overlay Zone, and makes the roadway connection requested by the Commission. THEIPI'D_.DOC'RM!L Alternatives: 1. Recommend approval of the Theis Planned Unit Development, subject to conditions identified by the Commission. 2. Recommend denial of the Theis Planned Unit Development to the City Council. 3. Table the request in order to allow the applicant and/or staff time to provide additional information. Staff Recommendation: Staff recommends Alternative 1. Action Requested: A motion and vote to recommend approval of the preliminary PUD plan to the City Council. is\comn:dev\boaa-pc\1996\-Sept5pc\Theispud.doc THEIPT.D2.DOC.RMtL 3 • r nh)f�,-I n 1 4b\ Ui 11‘\\\ // —__ -- o ' r` r r\n 1II. n FAIT\ I--t-Ir\t\ I / �/ am\ / L_ I \I11J /-\L}1JI I IU i 1i-/ lA1 1 ..\_____----___..-- /.......„...--1,...../...... t'X',Ns. 0\ .,. 0 al _ _ --� - — ,f\, ,TI I.T Cm 01 — --=—" —_ F///v�w�..v f/ 1 �. .�,...1 r tw 2 Y - - . ____ __ _ ___ . ._7--/ �-.. .. _— . ._7-- .._ . / 0 m '' ,! i --- •• � . .7� .. � / "\- tiV --_J � ' / ' NI% I I iI ] \ \\ 1 1 , l /1. C / ^�� q,1'� I 2. . \___) .\4\ . --I / % (1)14 I -.. %fit F ,* /---'---, .s ...',"'".2.--\":' '..--s;. .. \,,,,i, 1 ) I \ ;ill 114 / 4 I I O :��i Ay / /- // t_ ` 1 _--s / \ V -T 7o I ► / / \ ��J 1 II rt 111; 2 / / / 1 ill / I ,, / , )')_ `\ I I` is — I. 1 r---,f , , / r 1 i. / r // /\/ / 1 I El __\_., ___ \ . „,, , (h 2y �. �/ ) s, CA 4 f" c,, 1 c", 4,/, ------, t• k '3\ ' i IP; 1 i 1 r (r.) tI I -I / 'c 1 it---______......_________ 11 i i 1 II V \ 1\ Al C / 1 -. 1 I I N /. / _ n nll ' vi; I I r� I _,i 1 j ih.1t A / / L �, I_JJ CJ\. tt��. ; I 1/ / ,c-->r- < , , I / I � > �� _ 1 1 EWIS STFiEEY ' -;�,i ` L—CO — ; ai 1.,.. / ./ m 0 / co , /\ ——- • -I / I I r J 1 1, m / r, I ; I I k N / // il 3 l I ' I 1 I -� 1 ; ; I- I_�, — i , r _1 WI. I � I �7 I\ \ 'r :J -_S 1 w 1 \ _ I ' , ; I I (� I I 0-9 TS OS t I M= A _1-1.\ I ' .tiIi , (_ I '- Ii m i ' �; 101 ! ; Im� � I ®'�^ i CJs I 0 . \ I •> ; I I 1. `\ . 1 , r / -__--._.__—_ _..—._-__ _ fI I �I D a i 11 I rJ I o r<—gr. , , , J C -i-0 . - / I V I 6 I i I I- - C" r rnmc ? ' ��J J�� I -1 r 0 m ,__)\--- I I 1t1 I I Ico t•.) 1)p I 31 1 �� _ �4 1 (Ti _, • n 'J I ' 1 I I Q w _. V V CO—Airy ,- i I i +I I - a ^� "0.40NIr I __ J I • 11^_ ——1-' —_1 IP N IA ` 1 > r o • 70 (gn`�CER' ..8.,. - -------•--- - • ' — AGI Co. Gin .. 2 - i O ° Z O - J, _— ——_ MOUND STREET A_ \'G \J L-_ :,� I ____________ ,--) - ,---- „-> i A A (J tiJI 'r ice ' 1 Is I ---- -- - ' -----T , v- Ac � �Tx3Er r-; j . __.._ _ — �-- ------ -,r N t lod I V AI f �% `�'fir',- f I �-I �+so" � 1 r 1 7_________r. 7_______ 1----. r"-— ---.\ —--7 r 14 -; f r ` I {I'3 171-1---- i r` \zit-4/ /�j 2 E_____-------r—----17--Pi \1,—- ,, , l i \ \ _....., ______ ---ri , LL-7--n-\ r-' ''---t\ 1- \ \ r I O 2 N. \\ ra ( 0 `� tV N�gY?ASS N. N. N N AUG 2 7 1996 1 - SINGLE FAMILY 35 - MULTI-FAMILY 'T 30 - TOTAL UNITS OWNER PRO..ECT SHEETTITLE DATE PRC EC NO. .Ua,r.. 1990 P.U.D. PLAN SCALE vs- -10 -NORBERT THEIS NORBERT THEIS PROPERTY PRELIMINARY - SHAKOPEE, MINNESOTA • STREET LAYOUT ��• -w srE=r NO. rol VA sv_ > /A t CF t we o.►�""E , Minnesota Department of Transportation (41% w Metropolitan Division 1'0F Waters Edge 1500 West County Road B2 Roseville, MN 55113 August 19, 1996 • - - d i7 Paul Bilotta City of Shakopee 129 Holmes Street South Shakopee, MN 55379-1376 Dear Paul Bilotta: Subject: Norbert Theis Property Preliminary Plat Review P96-086 North Side of New TH 169, Between CR 79 and Orchard Pkwy Shakopee, Scott County CS 7005 The Minnesota Department of Transportation (Mn/DOT) has reviewed the Norbert Theis Property preliminary plat in compliance with Minnesota Statute 505.03, subd. 2, Plats. We find the plat acceptable for further development with consideration of the following comments. • The final plat must identify the edge of Mn/DOT right of way. Any questions may be directed to Jeff Hoffstrom of our Surveys Section at 797-3108. ® The proposed street will cross a Mn,DOT drainage easement, part of the new Trunk Highway (TH) 169 stormwater drainage system. The stormwater runoff flow through this easement must be perpetuated. Also, the drainage plan shows all runoff from the site routed to an on-site pond, but does not show an outlet from that pond. If runoff leaving the pond is directed to the new TH 169 drainage system, a Mn/DOT drainage permit will be required. Application for permit requires drainage computations and drainage area maps showing both existing and proposed conditions. Questions regarding Mn/DOT's drainage concerns may be directed to Mary Hondl of our Water Resources Section at 797-3053. Questions regarding the permit process may be directed to Bill Warden of our Permits Unit at 582-1443. o The grading and drainage plan also shows grading on the TH 169 right of way; along the south edge of the plat and at the NSP easement. This and any other use of or work within Mn/DOT right of way will require an approved permit. The permit necessary depends on the nature of the proposed work. As noted above, Bill Warden of our Permits Unit may be contacted for the appopriate forms and further information. An equal opportunity employer EXHIBIT B Paul Bilotta August 19, 1996 page two ® Noise levels from new TH 169 are expected to exceed state nighttime standards. According to the approved Indirect Source Permit for this highway, the responsibility for noise attenuation lies with the city and the developer. If an analysis has not yet been undertaken, we recommend that a specialist analyze this development for noise mitigation needs. Questions may be directed to James Hansen of our Planning Section at 582-1392. If you have any questions regarding this review, please contact me at 582-1383. Sincerely, /3e61--,L Elizabeth Malaby , Transportation Planner c: William Schmokel, Scott County Surveyor Brad Larson, Scott County Engineer 11. 0. CITY OF SHAKOPEE Memorandum TO: Mayor and City Council Mark McNeill, City Administrator FROM: R. Michael Leek, Acting Community Development Director SUBJECT: Amendment to the Zoning Map -Rezone property from Agricultural Preservation(AG)to Highway Business(B-1) DATE: September 25, 1996 Introduction: This item came before the City Council on September 17, 1996. Two Council members indicated that they would be abstaining from the vote and 1 Council member was absent, so the matter could not proceed, and has been continued to the October 1, 1996, meeting for consideration. Alternatives: 1. Amend the Zoning Map to rezone the subject property from Agricultural Preservation (AG)to Highway Business(B-1). 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. 464, and move its approval. Amendment of the Zoning Map is a"zoning ordinance amendment", and requires at least a two-thirds vote under City Code Section 11.83(Zoning Ordinance Amendments) Subd.5.(City Council Action)A.(Generally). R. Michael Leek REZMCD2.DOC/RML 1 • CITY OF SHAKOPEE Memorandum TO: Mayor and City Council Mark McNeill, City Administrator FROM: R. Michael Leek, Acting Community Development Director SUBJECT: Amendment to the Zoning Map -Rezone property from Agricultural Preservation (AG) to Highway Business (B-1) DATE: September 12, 1996 Introduction: Midwest Commercial Development is requesting that the City amend the Official Zoning Map to rezone a 26 acre site from Agricultural Preservation(AG)to Highway Business(B-1). A copy of the September 5, 1996 Planning Commission staff report is attached for reference. Discussion: Both the 1980 Comprehensive Plan and the draft 1995 Comprehensive Plan(which will likely have been acted on by the full Metropolitan Council on September 12, 1996)designate the subject site for commercial development. Thus,the requested rezoning is consistent with the Comprehensive Plan. The subject property is 26 acres in size, and is located within the Metropolitan Urban Services Area(MUSA)boundary. Alternatives: 1. Amend the Zoning Map to rezone the subject property from Agricultural Preservation (AG)to Highway Business(B-1). 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. 464, and move its approval. R. Michael Leek REZMCD.DOC/RML 1 ORDINANCE NO. 464, FOURTH SERIES AN ORDINANCE OF THE CITY OF SHAKOPEE, MINNESOTA, AMENDING THE ZONING MAP ADOPTED IN CITY CODE SEC. 11.03 BY REZONING LAND LOCATED AT THE SOUTHWEST CORNER OF VIERLING DRIVE AND C.R. 17 FROM AGRICULTURAL PRESERVATION(AG) ZONE TO HIGHWAY BUSINESS (B-1)ZONE. WHEREAS, the owners of the land described as: Outlot D, Prairie Estates 1st Addition, City of Shakopee, Scott County, Minnesota, submitted an application requesting rezoning from Agricultural Preservation (AG) to Urban Residential (R-1B) and Highway Business (B-1); and WHEREAS, notices were duly sent and posted, and a public hearing was held before the Planning Commission on September 5, 1996, 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 of the entire parcel to Highway Business(B-1) 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: Outlot D, Prairie Estates 1st Addition, City of Shakopee, Scott County, Minnesota, from Agricultural Preservation (AG) to Highway Business (B-1). 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 , 1996: Mayor of the City of Shakopee Attest: , City Clerk Published in the Shakopee Valley News on the day of , 1996. Prepared by: City of Shakopee REZMCD.DOC/RML 2 1 W _ _ CITY OF SHAKOPEE Memorandum TO: Planning Commission FROM: R.Michael Leek,Planner II/Acting Community Development Director SUBJECT: Amendment to the Zoning Map-Rezone property from Agricultural Preservation(Ag)to Highway Business(B-1) MEETING DATE: September 5, 1996 ITEM NO.: 6 Site Information: Applicant: Midwest Commercial Development Site Location: At the southwest corner of Vierling Drive and C.R. 17(Marschall Road) Current Zoning: Agricultural Preservation(AG) Adjacent Zoning: North: AG Agricultural Preservation South: AG Agricultural Preservation East: B1 Highway Business West: R2 Medium Density Residential R-1B Urban Residential Comp. Plan: 1980: Commercial Draft 1995: Commercial Area: 26 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 26 acre site currently zoned as Agricultural Preservation (AG) to Highway Business (B-1). The applicant has simultaneously submitted an application for a retail center CUP, which application will have been reviewed by the Board of Adjustments and Appeals prior to the Planning Commission's review of the request to rezone. MWCZONE.DOC/RML 1 .s - Exhibits are attached as follows: Exhibit A,Zoning Map; Exhibit B,"Rural 1990 Land Use Plan"from 1980 Comprehensive Plan Exhibit C,"Urban Land Use Plan"from 1995 Draft Comprehensive Plan Exhibit D, City Code Section 11.22, Agricultural Preservation Zone(AG)regulations Exhibit E, City Code Section 11.36,Highway Business Zone(B-1)regulations 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 industrial 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 Agricultural Preservation(AG)and Highway Business(B-1)Zones. 2. The Land Use Chapter of the 1980 Comprehensive Plan designated this area as "Commercial". The Land Use chapter of the draft 1995 Comprehensive Plan also designates the site as"Commercial". The rezoning of the site to"Highway Business", as requested by the applicant, would be in conformance with the draft 1995 Comprehensive Plan. 3. 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." Findings: A zoning ordinance amendment may be granted in the event that one or more of the stated criteria is met. These criteria, with staff's proposed findings with respect to those criteria, follows; Criteria#1 That the original Zoning Ordinance is in error; Finding #1 The original Zoning Ordinance is not in error. Criteria#2 That significant changes in community goals and policies have taken place; MWCZONE.DOC/RML 2 Finding #2 Significant changes in community goals and policies have taken place since the original zoning district was established. These changes are evidenced in both the City's 1980 and draft 1995 Comprehensive Plans. Criteria#3 That significant changes in City-wide or neighborhood development patterns have occurred; or Finding #3 Significant changes in City-wide or neighborhood development patterns have occurred, as the area around the bypass develops. Criteria#4 That the comprehensive plan requires a different provision. Finding #4 Both the 1980 and 1995 Comprehensive Plans have identified this area for commercial use. Therefore,this request is in compliance with the land use plan in the draft Comprehensive Plan. The subject site is within the MUSA and has utilities available to serve it. Alternatives: 1. Recommend to the City Council the approval of the request to rezone the subject property to Highway Business(B-1)from Agricultural Preservation(AG). 2. Recommend to the City Council the denial of the request to rezone the subject to Highway Business(B-1)from Agricultural Preservation(AG). 3. Continue the public hearing and request additional information from the applicant or staff. Staff Recommendation: Staff recommends Alternative No. 1. Action Requested: 1. Offer a motion to recommend to the City Council the approval of the request to rezone the subject property to Highway Business(B-1)from Agricultural Preservation(AG). R. Michael Leek Acting Community Development Director MWCZONE.DOC/RML 3 1 nss'elf .. . --i 1-' T .7. - r r.7" - .,'-r • �� �G:a Asa ! 1 a I . 1 • I t • I•In. • a t \\••\\ / \ 1 T r r • • ,� t i '� 1'ITi 1 i 1 [ Ti`T , 1 S•4. i/ .?„..^ 7 r., .._ , I /' '.?› ,,,,, ' 1 ' 1 ii :--- 1.--7-1 _______,ai!rl Hi ''‘1.714...1 Mil 1 . 1 1 Mil ..2 \74:o,.,- a b i 1 NOM 11111Z1 ' I 111 - iiii:i I, I. II.a :F 4.ir6,4sAktp..!, . 44 --4 01 , , . , a . , ... . i al , i_ , , mini ; - : , 1 1 1,-- s . . . 0 13111M1 1111' -41)47 / •// ! 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'''.....J rA4' Ea3 Mining Overlay '4.00111:!04.17 LANDACT I OUNS EOFMAPcnyCHACONUGNECSILBY :- ,..„- %-",-7.---,-,c' .. / rmigir "44,Pri ',..•_ :-., ' / —- - -.... -..:_6....'Y.7.--' ....v.<.. , - -f?7,4v ---,0..ri•I'l,• = ..,. ._-/ - • • - ..,,..4.-.,.... ,..•..:'-•;-:--, ,4:401K ie;2,.. ____----- '.4:c • *AA _.,..,,.. ..-:•••;,.......7. __.- -. ----,, __;,,,-.-„;, ,•,-,••, ,,,., :. .,..,,.._, ., 5". ---- —77-7,-- 7 F ,, ...„..- .,..t.m...47 --.1: .,.// .. • •....... ..../;•,,,,,..4-4----i_,--:- c-;,• - - , .- - . URBAN LAND USE PLAN ...45-1e.‘...-rI (NORTH OF BY—PASS) Shakopee Comprehensive Plan City of Shakopee. Minnesota 1995 ...... .A.12 iith•.frf IIIIIILLAI SETAIKOPEE COMMUNITYPRUDESINCB1857 EXHIBIT C Figure 25 § 11.22 SEC. 11.22. AGRICULTURAL PRESERVATION ZONE (AG). Subd. 1. Purpose. The purpose of the agricultural preservation zone is to preserve and promote agriculture in the unsewered areas of the City which are suitable for such use,to prevent scattered and leap-frog non-farm growth, and to prevent premature expenditures for such public services as roads, sewer, water, and police and fire protection. Subd. 2. Permitted Uses. Within the agricultural preservation zone, no structure or land shall be used except for one or more of the following uses: A. agricultural uses; B. single family detached dwellings; C. forestry and nursery uses; D. seasonal produce stands; E. riding academies; F. utility services; G. public recreation; H. public buildings; I. day care facilities serving 12 or fewer persons; J. group family day care facilities serving 14 or fewer children; or K. residential facilities serving six (6) or fewer persons. Subd. 3. Conditional Uses. Within the agricultural preservation zone, no structure or land shall be used for the following uses except by conditional use permit A. commercial feedlots, which include yards, lots, pens, buildings, or other areas or structures used for the confined feeding of livestock or other animals for food, fur, pleasure, or resale purposes; B. home occupations; C. retail sales of nursery and garden supplies; D. cemeteries; E. churches and other places of worship; F. agricultural research facilities, which are facilities specifically operated for the purpose of conducting research in the production of agricultural crops, including research aimed at developing plant varieties. This term specifically excludes research peps wised in 1995 1111 EXHIBIT D , § 11.22 regarding the development or research of soil conditioners, fertilizers, or other chemical additives placed in or on the soil or for the experimental raising of animals; G. animal hospitals and veterinary clinics; H. kennels. A kennel is any premise in which more than two domestic animals, over six months of age, are boarded, bred or offered for sale; 1. public or private schools having a course of instruction approved by the Minnesota Department of Education for students enrolled in K through grade 12, or any portion thereof; J. commercial recreation, minor, - K. utility service structures; L. day care facilities serving 13 through 16 persons; M. residential facilities serving from 7 through 16 persons; N. wind energy conversion systems or windmills; 0. relocated structures; P. structures over 2-1/2 stories or 35 feet in height; Q. developments containing more than one principal structure per lot; or R. 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 agricultural preservation zone the following uses shall be permitted accessory uses: A. machinery and structures necessary to the conduct of agricultural operations; B. garages; C. fences; D. recreational equipment; E. stables; F. swimming pools; • G. solar equipment • H. tennis courts; paps revised in 1995 1112 § 11.23 , 1. receive only satellite dish antennas and other antenna devices; or J. other accessory uses, as determined by the Zoning Administrator. Subd. 5. Design Standards. Within the agricultural preservation zone, no land shall be used, and no structure shall be constructed or used, except in conformance with the following minimum requirements: A. Density: one dwelling per 40 acres. B. Lot specifications: Minimum lot width: 1000 feet. Minimum lot depth: 1000 feet. Minimum front yard setback: 100 feet. Minimum side yard setback: 20 feet. Minimum rear yard setback: 40 feet. C. Maximum height: 2-1/2 stories or 35 feet. Grain elevators, barns, silos, and elevator lags may exceed this limitation without a conditional use permit. Subd. 6. Additional Requirements. A. All dwellings shall have a depth of at least 20 feet for at least 50 percent of their width. All dwellings shall have a width of at least 20 feet for at least 50 percent of their depth. B. All dwellings shall have a permanent foundation in conformance with the Minnesota State Building Code. (Ord. 31, October 25, 1979; Ord. 264, May 26, 1989; Ord. 279, December 1, 1989; Ord. 304, November 7, 1991; Ord. 377, July 7, 1994) SEC. 11.23. Reserved. p.pe revised in 1995 1113 § 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 one 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, p.pe revised in 1995 1171 EXHIBIT E § 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% peps revised in 1995 1172 4 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. papa revised in 1995 1173 1 . 19.0, CITY OF SHAKOPEE Memorandum TO: Mayor and City Council Mark McNeill, City Administrator FROM: R. Michael Leek, Acting Community Development Director SUBJECT: Environmental Assessment Worksheet for ADC Telecommunications, Inc. DATE: September 26, 1996 Introduction: On September 24, 1996, the 30 day comment period for the Environmental Assessment Worksheet (EAW) for the proposed ADC Telecommunications, Inc. The City of Shakopee, as the Responsible Governmental Unity (RGU), must now decide whether an Environmental Impact Statement (EIS) is necessary. The EAW was sent to the appropriate governmental agencies, as well as notice published in the "Shakopee Valley News." Copies of the review letters have been attached as Exhibit A. Discussion: The Minnesota Environmental quality Board (EQB) guidelines for EAWs state that an EIS shall be ordered for a project that has the potential for significant environmental effects. In deciding whether a project has the potential for significant effects, the RGU compares the effects that are reasonably expected from the project with the following criteria: A. Type, extent and reversibility of environmental effects. B. Cumulative potential effects of related or anticipated future projects. C. The extent to which environmental effects are subject to mitigation by ongoing public regulatory authority. D. The extent to which environmental effects can be anticipated and controlled as a result of other environmental studies undertaken by public agencies or the public proposer or of EIS's previously prepared. The RGU must apply the criteria to the factual information contained in the EAW, the comments received on the EAW and the responses and comments. In reviewing the four criteria, staff has found the following: A. Type, extent and reversibility of environmental effects. Finding: Based on the comments from the review agencies, there do not seem to be any significant environmental effects that will result from this project. The land use is consistent with the Comprehensive Plan. The site was ADCEAW.DOC/RML 1 previously used as cropland, and so contains little or no undisturbed natural habitat. B. Cumulative potential effects of related or anticipated future projects. Finding: The applicant has not identified any future expansions of this development. C. The extent to which environmental effects are subject to mitigation by ongoing public regulatory authority. Finding: The City of Shakopee has development standards which address groundwater and surface waters. D. The extent to which environmental effects can be anticipated and controlled as a result of other environmental studies undertaken by public agencies or the public proposer or of EIS's previously prepared. Finding: The facility ADC proposes to build is similar to other developments in Shakopee and the Metropolitan Area. The performance standards contained in the Zoning Ordinance and building code have evolved over time to mitigate the potential impacts that can result from this type of nshould be sufficient for protection of the environment. development, and Alternatives: 1. Make a negative declaration on the need for an EIS for the proposed ADC Telecommunications, Inc. facility. 2. Make a positive declaration on the need for an EIS. 3. Table the decision on the need for an EIS. Recommendation: Staff recommends that a negative declaration on the need for an EIS by made by the City Council, based on the review of the EAW and the comments received. Action Requested: Offer and approve Resolution No. 4525, A Resolution Making a Negative Declaration on the Environmental Assessment Worksheet for ADC Telecommunications, Inc. Acting Community Development Director ADCEAW.DOC/RML 2 RESOLUTION NO. 4525 A RESOLUTION MAKING A NEGATIVE DECLARATION ON THE ENVIRONMENTAL ASSESSMENT WORKSHEET FOR ADC TELECOMMUNICATIONS, INC. WHEREAS, the proposed construction by ADC Telecommunications, Inc. of a manufacturing facility with associated office and warehouse space required the preparation of an Environmental Assessment Worksheet (EAW); and WHEREAS, the City of Shakopee is the Responsible Governmental Unit (RGU) for preparation of the EAW; and WHEREAS, the City of Shakopee has prepared an EAW for the proposed project which published, distributed and commented on in accordance with Minnesota Statutes, Chapter 116D and 4410 of the Minnesota Rules; and WHEREAS, the City of Shakopee has reviewed all comments received regarding the EAW. NOW, THEREFOR, BE IT RESOLVED by the Shakopee City Council that a negative declaration is hereby made on the proposed ADC Telecommunications, Inc. facility. Adopted in session of the City Council of the City of Shakopee, Minnesota, held this day of , 1996 Mayor of the City of Shakopee ATTEST: City Clerk Prepared by: The City of Shakopee 129 S. Holmes St. Shakopee, MN 55379 3 ADCEAW.DOC/RML • Affidavit of Publication Southwest Suburban Publishing State of Minnesota) )SS. County of Scott ) Stan Rolfsrud,being duly sworn,on oath says that he is the publisher or the authorized agent of the publisher of the newspapers known as the Shakopee Valley News,Jordan Independent,Savage Pacer and Prior Lake American.and has full knowledge of the facts herein stated as follows: PUBLIC NOTICE (A)These newspapers have complied with the requirements constituting qualification as a legal • -The City of Shakopee has prepared an newspaper,as provided by Minnesota Statute 331A.02,331A.07, and other applicable laws,as EnvironmentalAssessmentWorksheetfor amended. the proposed construction of ADC suainumications Inc.warehouse,manu- (B)The printed public notice that is attached to this Affidavit and identified as No. facturing and office facilities.This project was published on the date or dates and in the newspaper stated in the attached Notice,and said proposes the construction of a 336,000 Notice is hereby incorporated as part of this Affidavit. Said notice was cut from the columns of -square foot building located in the north- the newspaper specified. Printed below is a copy of the lower case alphabet from A to Z,both 'east quadrant of the intersection of 12th inclusive,and is hereby acknowledged as being the kind . ize of type used in the composition Avenue and Park Place, in northern and publication of the Notice: Shakopee.This EAW is available for re- view at Shakopee City Hall.Comments abcdefghijkhnnopgrs y concerning this projectmustbe submitted to: City of Shakopee AA". Attn:R.Michael Leek 129 Holmes Street Stan Rolfsrud, eneral Manager Shakopee,MN 55379 or his designated agent Comments must be received on or Subscribed and sworn before me on before Tuesday,September 24th,1996. (Published in the Shakopee Valley News on Thursday,August 29,1996;No.9846) �$ v this/!'l qday of,> yi riLf',1996 _ / ' GiNEN M. RADUENZ " NOTARY PUSLIC—MINP:EsOTA 77 COMMISSION EXPIRES 1-31-00 otary Public RATE INFORMATION Lowest classified rate paid by commercial users for comparable space $11.00 per column inch Maximum rate allowed by law for the above matter $11.00 per column inch Rate actually charged for the above matter $7.67 per column inch Exhibit A: Review Letters ADCEAW.DOC/RML 4 Metropolitan Council Working for the Region, Planning for the Future iiimimmommi September 18, 1996 y � i ; � " Bpi B SEP 23 1996 R. Michael Leek City of Shakopee 129 Holmes Street Shakopee, MN 55379 Re: ADC Telecommunications Inc. Environmental Assessment Worksheet Metropolitan Council District 5 Dear Mr. Leek: Council staff has conducted a review of this environmental assessment worksheet (EAW)to determine its adequacy and accuracy in addressing regional concerns. The staff review has concluded that the EAW is complete and accurate with respect to regional concerns and raises no major issues of consistency with Council policies. An EIS is not necessary for regional purposes. This will conclude the Council's review of the EAW. No formal action on the EAW will be taken by the Council. If you have any questions or need further information, please contact Linda Milashius, principal reviewer, at 291-6541. Sincerely, Al."..._.)a jukui,v_., V"' Helen A. Boyer 3i-,/ Division Director Environmental Services cc: Neil Peterson, Metropolitan Council District 5 Keith Buttleman, Director, Environmental Planning&Evaluation Thomas C. McElveen, Deputy Director,Housing, Development&Implementation Lynda Voge, Referrals Coordinator Carl Schenk, Sector Representative Ann Braden, Don Bluhm, Joe Mulcahy, Linda Milashius, Council staff 230 East Fifth Street St.Paul,Minnesota 55101-1634 (612)291-6359 Fax 291-6550 TDD/TTY 291-0904 Metro Info Line 229-3780 An Equal Opportunity Employer Minnesota Department of Health 121 East Seventh Place0g\Wl ' P.O. Box 64975 St. Paul, MN 55164-0975 6EP 2 4 1996 September 20, 1996 Mr. R. Michael Leek City of Shakopee 129 Holmes Street Shakopee,MN 55379 RE: ADC Telecommunications,Inc.EAW Dear Mr. Leek: Minnesota Department of Health (MDH) staff has reviewed the Environmental Assessment Worksheet (EAW) for the proposed ADC Telecommunications, Inc in the City of Shakopee, Minnesota. We offer the following comments for your consideration: 1. ADC stated in the EAW that they use methylene chloride as a degreaser at its Bloomington facility and plan to use it at the new Shakopee plant. We recommend that ADC look for an alternative solvent to use for degreasing purposes. The degreasing solvent they plan on using,methylene chloride, is a class B-2 carcinogen. The Occupational Safety and Health Agency (OSHA) has been involved in the rulemaking process to reduce their methylene chloride exposure standard from 500 ppm to 25 ppm. The Toxic Release Inventory(TRI) reported that in 1994 ADC Bloomington released 10,492 pounds of methylene chloride into the atmosphere and transferred an additional 1,641 pounds off-site. The release to ambient air relative to the amount shipped off-site, presumably as hazardous waste, suggested that solvent recovery in their degreasing process may not be as efficient as other systems. We understand from discussing this EAW with Ms. Amarillo Okonkwo of the Minnesota Pollution Control Agency(MPCA), that the degreasing operation at the Shakopee facility will be in an enclosed room. This will reduce employee exposure but will not eliminate it, as routine maintenance and equipment failure resolution still need to be performed within that room. Minnesota Technical Assistance Program (MN-TAP)could be of assistance to ADC in selecting a more efficient,less toxic degreasing system. 2. This proposed plant will be located in a highly susceptible area for contamination; it has highly permeable sediments at the surface, which are underlain by cavernous carbonate bedrock (Prairie du Chien group) at significantly less than 50' depth. We recommend that a liner be installed within the bermed storage tank area. We are concerned that a spill of any of the toxic or hazardous materials which will be stored would quickly move to the groundwater,creating a health risk to drinking water wells in the area 3. Since you have indicated that the property is undeveloped and has been used for agricultural use since at least 1937, we recommend a well inventory be performed to specifically TDD: (612) 623-5522 (Twin Cities) 1-800-627-3529 (Greater Minnesota) An Equal Opportunity Employer Mr.R.Michael Leek Page 2 September 20, 1996 determine if any unused, unsealed well(s) exist on the affected properties. Minnesota Statute, Chapter 103I requires that any unused, unsealed well(s) be repaired and put back into service or be sealed by a licensed well contractor, in accordance with Minnesota Rules, Chapter 4725. An unused, unsealed well may also be addressed by obtaining an annual maintenance permit($100 fee)from the department. Maintenance permits are granted only if the well meets certain conditions. Thank you for the opportunity to review this EAW. If you have questions or need further assistance please contact Patricia McCann at 612/215-0923 or Betty Wheeler at 612/215-0807. Sincerely, Lin M.Nelson Environmental Review Coordinator Division of Environmental Health LMN cc: Patricia McCann Betty Wheeler Sue Flanders,OSHA DNR PLANNING Fax:612-296-6047 Sep 25 '96 12:08 P.01/02 „of Wily% y ev Mi• nnesota Department of Natural Resources O N'' 1. j �¢. 5(X)1.Stttycttc 5v 1 E,jr _r @�� Si.Paul.Minnc�It:i 5.5155-4t) SNA;-00- September. 25, 1996 Post-tr brand fax transmittal memo 7671 a of Mims ' ?i Te Aifie Zee, From Michael Leek, Planner co. Shlul!'ve!c /es,►ic� Co-ode A✓. (Ev16y✓ City of Shakopee Dept. Phone#,� (, - ?g G 129 Holmes Street F,x• yyS;, 67 7�Q F'x* 244 - f 09e 7 Shakopee, MN 55379 RE: ADC Telecommunications Inc. Manufacturing Facility Environmental Assessment Worksheet(EAW) Dear Mr. Leek: The Department of Natural Resources(DNR) has reviewed the EAW for the above-mentioned. project. We offer the following comments for your consideration. Item 10, Covertypes, indicates that no wetlands are present onsite. However, review of the National Wetlands Inventory(NWI) indicates that three(3) wetlands are present. We have communicated with Glary Elftman of the U.S. Army Corps of Engineers(COE), and although COE has issued a negative declaration on wetlands being present, (identified in Appendix B), it appears that this declaration may apply to a parcel south of this site and not for the site itself. Given the NWI listing, there is a possibility that two seasonally flooded wetlands(Type I)and one excavated pond (probably Type TV) occur onsite. The City of Shakopee should confirm, with the proposer, whether wetlands are present at the site. If wetlands are present, delineation should occur before the project proceeds. Any work in the onsite wetlands would fall under the jurisdiction of the City of Shakopee as local governmental unit under the Wetlands Conservation Act (WCA). In addition,this work may fall within the regulatory jurisdiction of the COE pursuant to Section 404 of the Clean Water Act. We appreciate contact being made with Daryl Ellison,DNR Arca Wildlife Manager,concerning potential project-related impacts to fish and wildlife resources. This contact is identified in Item 11a. Based upon our understanding of the proposal, it does not appear that fish or wildlife habitat will he impacted by the project. Thank you for the opportunity to review this project. The project does not require preparation of an environmental impact statement (EIS) in our opinion, We look forward to receiving your record of decision and responses to comments. Minnesota Rules part 4410.1700, subparts 4 & 5, require you to send us your Record of Decision within five days of deciding this action. Please uNlt Intt,rm:ditnil('12 :'9()()i Si, 1-1(0t) /((.6001.) • I I Y 61 7 290-'1484. l ;lti(i-l):,139;9 A,1,1,,,i I)1,,,,rlutul/I1/1tV1,,),v fir I'rinl,:.i un Mc,1':i%4i Pal„-,( mrrit(,u1,.- M,h.,V..I ,.I),.,-,II7v iltilla Mllllnniut❑1 113'i Pnel l t,il.nnit 11Y:r-1t. DNR PLANNING Fax:612-296-6047 Sep 25 '96 1208 P.02/02 Michael Leek, Planner September 25, 1996 Page 2 contact Bill Johnson of my staff at (612) 296-9229 i f you have questions regarding this letter. Sincerely, Thomas W. Balcom, Supervisor Natural Resources Environmental Review Section Office of Planning c: Kathleen Wallace Con Christianson Pete Otterson Ellen Heneghan Lynn M. Lewis,USFWS Gregg Downing, EQB Gary Elliman, COF #970046-01 IR21.ADC.DOC 14 R-,r,tollt-LD) , /7 - MINNESOTA HISTORICAL SOCIETY SEP 1 2 1996 September 10, 1996 Mr. R. Michael Leek City of Shakopee 129 Holmes Street Shakopee, Minnesota 55379 Dear Mr. Leek: Re: ADC Telecommunications, Inc. manufacturing facility NW/4 NW/4 S10, T115, R22, Shakopee, Scott County SHPO Number: 96-3486 Thank you for consulting with our office regarding the above referenced project. There are no reported historic properties in the project area, and we feel that the probability of any unreported properties is low. Therefore, based on available information, we conclude that project is unlikely to affect any his- toric properties. Please note that this comment letter does not address the requirements of Section 106 of the National Historic Preservation Act of 1966 and 36CFR800, procedures of the Advisory Council on Historic Preservation for the protection of historic properties. If this project is considered for federal assistance, or requires a federal license or permit, it should be submitted to our office with reference to the appropriate federal agency. Please contact Dennis Gimmestad at 612-296-5462 if you have any questions regarding our review of this project. Sincerely, Br' to L. Blo mberg eputy State Historic Preservation Officer BLB:dmb 345 KELLOGG BOULEVARD WEST/SAINT PAUL,MINNESOTA 55102-1906/TELEPHONE: 612-296-6126 CITY OF SHAKOPEE Memorandum TO: Mayor and City Council Mark McNeill, City Administrator FROM: R. Michael Leek, Acting Community Development Director SUBJECT: EAW for ADC Telecommunications, Inc. DATE: October 1, 1996 Attached for the Council's information are the responses prepared and sent relative to the comments received after the 30-day review period from the MPGA and MDNR. Based on these responses, the Council may act on the negative declaration. R. Michael Leek ADCEAW2.DOGRML 1 Postt--it®Fax Note 7671 DateInt?lii°111A1 peg°est To -nFrom M 1 G Lee 1� CoJDept.i,t Co. Phone#i"' Phone# SHAKOPEE Fax#Z9 f3321 Fax# October 1, 1996 Mr. Paul Hoff, Director Environmental Planning and Review Office Administrative Service Division 520 Lafayette Rd. St. Paul, MN 55155-4194 RE: ADC Telecommunications, Inc. Manufacturing facility Environmental Assessment Worksheet Dear Mr. Hoff: Following are the responses to the issues raised in your September 25, 1996, letter. Also attached to this letter is a copy of a letter from B. A. Liesch, Inc., setting forth the results of the air toxics review carried out by them. 1. Listed below are the sources of air emissions that will be permitted for the facility. There are miscellaneous operations that occur that are required only to be listed, but not quantified. • Degreaser system with carbon absorption system -Point Source • One Boiler to support the carbon absorption unit -Point Source • Degreaser-Point Source • Methylene Chloride Storage Tank- Fugitive • Three powder paint coating lines each with their own Dry and Cure Ovens - Point Source • One hook burn off oven - Point Source • Four wet paint booths for touch up and small batch painting operations - Point Source • One eight gallon solvent tank -Point Source • One powder paint manual paint booth -Point Source • Two facility perimeter heat boilers -Point Source • One emergency standby generator-Point Source • Twenty-eight miscellaneous HVAC Units -Point Sources 2. The following list of sources are identified as to whether they are controlled and if so, with what controls. The controls are listed next to the sources in parenthesis. COMMUNITY PRIDE SNCE 1857 129 Holmes Street South Shakopee,Minnesota• 55379-1351 612-1-15-350 FAX 612-445-6718 • YES, Degreaser system with carbon absorption system (Freeboard ratio of 1.2, Super-heated Vapor, Reduced Room Draft, Dwell, Carbon Absorber) • YES, Degreaser(Freeboard ratio of 1.2, Super-heated Vapor, Reduced Room Draft, Dwell) • NO, One Boiler to support the carbon absorption unit • NO, Methylene Chloride Storage Tank • NO, Three powder paint coating lines each with their own Dry and Cure Ovens • NO, One hook burn off oven • YES, Four wet paint booths for touch up and small batch painting operations (Paint Pockets Wall Filters) • NO, One eight gallon solvent tank • YES, One powder paint manual paint booth (Tont dust collector) • NO, Two facility perimeter heat boilers • NO, One emergency standby generator • NO, Twenty-eight miscellaneous HVAC Units 2 3. The table below identifies which criteria and toxics pollutants are emitted from each source. SOURCE VOC PM/PM C SO NO Lea Toxics 's 10 0 2 a d Degreaser w/carbon absorption system X Carbon Absorption System Boiler X X X X X Degreaser X Methylene Chloride Storage Tank X Powder Paint Line 1 Dry Oven X X X X X Powder Paint Line 1 Cure Oven X X X X X Powder Paint Line 2 Dry Oven X X X X X Powder Paint Line 2 Cure Oven X X X X X Powder Paint Line 3 Dry Oven X X X X X Powder Paint Line 3 Cure Oven X X X X X Hook Burn-Off Oven X X X X X Wet Paint Booth#1 X X X Wet Paint Booth#2 X X X Wet Paint Booth #3 X X X Wet Paint Booth#4 X X X One eight gallon solvent tank X X Powder Paint manual paint booth X X Facility perimeter heat boiler#1 X X X X X Facility perimeter heat boiler#2 X X X X X One emergency standby generator X X X X X Twenty-eight miscellaneous HVAC Units X X X X X 4. ADC was notified that they had to perform an Air Toxics Review on September 13t. The firm of B.A. Liesch was hired. The review was completed and submitted to the MPCA on September 19t. See attached documentation on review. 5. Refer to the Air toxics review(attachment) for a listing of all air contaminants of potential concern. 6. The company will accept federally enforceable permit limits to avoid Prevention of Significant Deterioration (PSD), and the facility is subject to the National Emission Standards for Hazardous Air Pollutants (NESHAPS) requirements for Methylene Chloride. The equipment which is applicable to this NESHAP Standard already meets the requirements of the control technology which will be required in December of 1997. 7. Three materials are reported annually to the Toxics Release Inventory(TRI). These materials are Copper, Nickel and Methylene Chloride. For the last two reporting periods, the table below shows the quantity reported. 3 COPPER NICKEL METHYLENE CHLORIDE 1994 404,903 #Recycled 26,795 #Recycled 10,499 #Emitted to the air 8#to MCES in water No air emissions 1,634# of Waste that was discharges incinerated No air Emissions 1995 430,916 #Recycled 35,553 #Recycled 8,954#Emitted to the air -- 8#to MCES in water No air emissions 2,299 #of Waste that was discharges incinerated No air emissions 8. The table listed below list approximate emission totals for the proposed facility. PTE Allowable emissions tons per year (per manufacturing general permit) Predicted (tons per year) Actual Emissions VOC's —659.18 240 —2.85 PM/PM10 —265.57 90 —4.91 CO —14.45 90 —4.17 SO2 —3.44 90 —0.29 NOx —67.00 90 —19.74 Lead 0.00 90 0.00 Pollution Prevention Methylene chloride is used in two degreasers for essentially cleaning the materials that are stamped or turned down by automatic screw machines operations. Parts made from the automatic screw machine operations have small cavities which, because of their size and the surface resistance that water has, cannot be cleaned by an aqueous cleaning system. In 1988 Methylene chloride emissions peaked at a level of 37,609 pounds. At this time a team was put together to analyze and implement solutions to reduce these emissions. The impact of the study centered around the degreaser and storage tank for the 4900 building since the usage was six times that of the 4700 building. Through these efforts, the amount of Methylene chloride reported for SARA 313 decreased from a total of 34,874 pounds in 1990 to 11,638 pounds in 1991. 4 During the preparation of an application for a Part 70 Manufacturing Permit for operations in 1996, it revealed that the actual emissions of Methylene chloride fell well below the maximum allowable limits. Even so, it makes good business sense to evaluate methods and technologies that can improve the degreasing process, reduce emissions, minimize waste and improve profitability. It should be noted that no emission control equipment, beyond what is already in place, is required to be installed to meet the NESHAP Standards scheduled to go into effect in December of 1997. Presently, ADC Is looking to install covers that can be placed over the Methylene chloride degreaser tanks as an additional emission control strategy. Covering the tanks during extended periods of non-use would reduce the amount of Methylene chloride emitted due to evaporation. In 1994, an investigation was made to determine if it was feasible to convert the existing Methylene chloride degreasing operations to those using aqueous cleaners. As a result of this investigation, it was determined that further study was required. This project may continue on, if management is willing to show an interest. A major factor of switching cleaning technologies is the cost of capital equipment and increased space needs. Research into costs and feasibility associated with this type of process will be reviewed and studied in 1996 and 1997. ADC has also looked into replacing their existing equipment with closed system degreasing equipment that does not vent solvent into the environment during operation. The systems that have been reviewed, to date, have not had the required operating capacity. In addition, the initial cost of this equipment is very high. This option may be difficult to justify to management since Methylene chloride air emissions are currently within regulatory limits. Closed systems will continue to be evaluated periodically during 1996 and 1997. Reduction in initial cost, advances in technology, or future regulatory requirements could make this option more viable in the future. I trust that this information adequately responds to the concerns raised in your letter. Should you have any questions feel free to call me at 445-3650. Very tru yours, R. Michael Leek Acting Community Development Director cc. ADC EAW File 5 . • ____ LIEICH September 19 B.Ag CH ASSOCIATES,INC. 13400 15TH AVE.N. MINNEAPOLIS,MN 55441 612/559-1423 FAX:612/559-2202 Mr. Cliff Twaroski Minnesota Pollution Control Agency 520 Lafayette Road St. Paul, MN 55155 _ RE: ADC Telecommunications, Inc. - Air Toxics Review Dear Mr. Twaroski: B.A. Liesch Associates, Inc. (Liesch) was retained by ADC Telecommunications, Inc. (ADC) to prepare an air toxics review. The air toxics review was requested by the Minnesota Pollution Control Agency (MPCA) is required prior to approval of ADC's air permit for constuction of the new facility. Liesch used the potential to emit (PTE) calculations in ADC's manufacturing general permit application and the applicable MSDS sheets for each process in calculating the PTE's for each chemical. Liesch also used the actual material usage from the permit application to calculate actual emissions. The attached table compares each chemical's PTE and actual emissions to the SERs. As can be seen in the attached table, toluene and methyl isobutyl ketone (MIBK) are the only two chemicals which have PTEs above the SERs. On September 19, 1996, I spoke with you and informed you that the PTE for toluene and MIBK were over the SERs, but the actual emissions were significantly below the SERs. After comparing the PTEs and actual emissions to the SERs, you indicated that dispersion modeling would not be required because the actual emissions of toluene and MIBK were so small in comparison to the SERs. You also indicated that the MPCA may internally keep track of ADC's emissions and if emissions of toluene or MIBK ever approach the SERs, modeling may be required at that time to determine if there — -are any potential concerns from the emissions. Also, you requested that all chemicals be included in the air toxics review even though all the chemicals do not have established SERs. If you have any questions concerning the air toxics review, please call me at 559-1423. - Sincerely. . A4IESCyl A OCIATES, INC. 4- CtiS David C. Reynolds,iP.E. cc: Ms. Amrill Okonkwo, MPCA Mr. Cliff Twaroski, MPCA Enc. SER Comparison Table LIE3TCH B.A.LIESCH ASSOCIATES.INC. 13400 15TH AVE.N. MINNEAPOLIS.MN 55441 612/559-1423 FAX:612/559-2202 September 19, 1996 Mr. Bernie Wenzel ADC Telecommunications, Inc _ 4900 West 78th Street Bloomington, MN 55435 RE: Air Toxics Review Dear Mr. Wenzel: B.A. Liesch Associates, Inc. (Liesch) was retained by ADC Telecommunications, Inc. (ADC) to prepare an air toxics review. The air toxics review was requested by the MPCA and is required prior to approval of ADC's air permit for constuction of the new facility. Part of performing an air toxics review is calculating the potential to emit (PTE) and actual emissions of each chemical compound emitted at ADC and compare those emission rates with the Significant Emission Rates (SERs) as provided by the MPCA. Liesch used the PTE calculations in ADC's manufacturing general permit application and the applicable MSDS sheets for each process in calculating the PTE's for each chemical. Liesch also used the actual material usage from the permit application to calculate actual emissions. The attached table compares each chemical's PTE and actual emissions to the SERs. As can be seen in the attached table, toluene and methyl isobutyl ketone (MIBK) are the only two chemicals which have PTEs above the SERs. When this happens, typically the MPCA - requires dispersion modeling to be performed so the site specific pollutant concentrations can be compared to the Air Concentration Limit (ACL). Many times a chemical can be above the SERs but modeling will result in concentrations below the ACLs. On September 19, 1996, I spoke with Mr. Cliff Twaroski with the MPCA and informed him that • - the PTE for toluene and MIBK were over the SERs, but the actual emissions were significantly below the SERs. After comparing the PTEs and actual emissions to the SERs, Mr. Twaroski decided that dispersion modeling would not be required because the actual emissions of toluene and MIBK were so small in comparison to the SERs. Mr. Twaroski did indicate that the MPCA may internally keep track of ADC's emissions and if emissions of toluene or MIBK ever approach the SERs, modeling may be required at that time to determine if there are any potential concerns from the emissions. There are several chemicals which have been included in the table but do not have SERs established. Mr. Twaroski requested that all chemicals be included even though they do not have established SERs. This is because if there are large quantities of emissions from a specific chemical which does not have an established SER, the MPCA can still evaluate that chemical on a case by case basis. I have included a letter and table which you can send to the MPCA. The letter details much of the same information on the air toxics analysis which is in this letter. A copy of the table comparing the PTEs and actual emissions to the SERs is attached to the MPCA letter. If you would like to send a different letter from ADC, verify that all relevant information gets transferred from the Liesch letter. I have also included a copy of the MPCA's SER/ACL table for you records. If you have any questions concerning the air toxics review, please call me at 559-1423. Sincerely, . A LIESC ASSOCIATES, INC. �� C4 David C. Reynolds Air Quality Engineer Enc. MPCA Air Toxics Review Submittal SER Comparison Table MPCA SER/ACL Table B.A.LIESCH ASSOCIATES,INC. 13400 15TH AVENUE NORTH MINNEAPOLIS, MINNESOTA 55441 l°11LtAl Post-jr Fa�x`Note 7671 Date ��1 1��,�p'ag°est To�l v � f7 From tAC-A—V � 12_ CoiDept. M� Co. SHAKOPE E Phone# Phone# U Fax# Fax# 21 October 1, 1996 Thomas W. Balcom, Supervisor Natural Resources Environmental Review Section Office of Planning Minnesota Department of Natural Resources 500 Lafayette Rd. St. Paul, MN 55155-40 RE: ADC Telecommunications, Inc., Manufacturing Facility Environmental Assessment Worksheet Dear M. Balcom: Thank you for your comment on the proposed EAW. In reviewing the proposer's plan for the site the City will review the sites identified in your letter, and take the appropriate action under the Wetland Conservation Act relative to these sites. I will keep you informed of the final disposition of this matter. Should you have any questions, feel free to call me at 445-3650. Very truly yours, R. Michael Leek Acting Community Development Director cc. ADC EAW File Building Department Engineering Department Bernard Wenzel, ADC Telecommunications, Inc. COMMUNITY PRIDE SINCE 1857 129 Hol s mui ha pee,Minnesota• 55379-1351 • 612-445-3650 • FAX 612-445-6718 1 Environmental Worksheet ADC Telecommunications, Inc. Prepared for es NW Sl , f�q t {�- , g'' wt ^ ',,ft.‘,."tY,v,'=.4',.1,,,,,-;T.-...,:i,,4,-r:,,,-� kt T`xs ':,t::. .,� y..:,, 44., s ,,,,,,..,....,,,,„,,,,i;---5."-. ro z z''''S`ti'c4,., `?. : '." ., ,.:� „,. ... E August 12, 1996 WSB & Associates, Inc. Enviroscience, Inc. RSP Achitectects Environmental Assessment Worksheet (EAW) INOTE TO PREPARERS This worksheet is to be completed by the Responsible Governmental Unit(RGU)or its agents. The project proposer must supply any reasonably accessible data necessary for the worksheet, but is not to complete the final worksheet itself. If a complete answer does not U fit in the space allotted, attach additional sheets as necessary. For assistance with this worksheet contact the Minnesota Environmental Quality Board (EQB)at(612)296-8253 or(toll-free) 1-800-652- 19747 (ask operator for the EQB environmental review program)or consult"EAW Guidelines", a booklet available from the EQB. • NOTE TO REVIEWERS Comments must be submitted to the RGU(see item 3)during the 30-day comment period following notice of the EAW in the EQB Monitor. I (Contact the RGU or the EQB to learn when the comment period ends.) Comment should address the accuracy and completeness of the information, potential impacts that may warrant further investigation, and the need for an EIS. If the EAW has been prepared for the scoping of an EIS (see item 4), comments should address the accuracy and completeness of the information and suggest issues for investigation in the EIS. I1. Project Title _ADC_T_elecommunicationslnc. Manufacturing Facility • 2. Proposer ADC s. TelecommunicationInc. 3. RGU City of Shakopee 111 Contact person_Bernard_J.Wenzel Contact person R. Michael Leek Address 4900 W. 78th Si; MS-257 and title Planner II Bloomington, MN 55435 Address 129 Holmes Street I Phone (612)946-3967 Shakopee, MN 55379 Phone (612)445-3650 4. Reason for EAW Preparation u ❑ EIS scoping • mandatory EAW 0 citizen petition 0 RGU discretion ❑ Proposer volunteered If EAW or EIS is mandatory give EQB rule category number(s) 4410.430_0_Subpart 14 Part B(2) t 5. Project Location NW 1/4 NW 1/4 Section 10 Township 115N Range 22W ICounty Scott City/Twp City of Shakopee Attach copies of each of the following to the EAW: a. a county map showing the general location of the project; I b. copy(ies)of USGS 7.5 minute, 1:24,000 scale map(photocopy is OK)indicating the project boundaries; c. A site plan showing all significant project and natural features. 6. Description Give a complete description of the proposed project and ancillary facilities (attach additional sheets as necessary). I Emphasize construction and operation methods and features that will cause physical manipulation of the environment or produce wastes. Indicate the timing and duration of construction activities. ADC Manufacturing Facilities I ADC Telecommunications(ADCT)is a large corporation made up of several divisions located throughout the country. It designs and manufactures a variety of equipment and systems that are used by the telecommunication and cable industries worldwide. There are two facilities located in Bloomington,MN. Both of these facilities are currently being considered for relocation to Shakopee, I MN. These are part of the BROADBAND CONDUCTIVITY GROUP DIVISION of ADCT. Located within these facilities are two unique organizations. I The first is an engineering organization whose primary purpose is to design,develop and market products for the copper and wireless needs of the industry. These products are both mechanical and electrical in nature. This organization is made up of marketing type personnel,a large and diverse engineering organization,and various support organizations such as product assurance labs to test and verify product performance. IIThe second organization is a fairly large and diverse manufacturing operation. Very little product assembly is performed here as its focus is strictly component level manufacturing. The primary technologies that we utilize within this operation include: I Injection molding of engineering grade plastics Sheet metal fabrication I1 F.1WPWIM1014.131EAW.WPD IContinuous flow electrostatic powder painting Punch press and precision progress die stamping I Precision turning with single-spindle Swiss as well as multi-spindle type machinery Precision tool and dies for making molds, dies and custom equipment As part of this organization, significant infrastructure is needed for materials procurement, shop planning, facility and machine Imaintenance, manufacturing,engineering,etc. PHYSICAL AND ENVIRONMENTAL IMPACTS The construction and operation of the proposed ADC Telecommunications manufacturing facility will have physical and environmental I impacts. The physical impact to the site will be change of land cover from rural grassland,brush and wooded land to an industrial, highly impervious surface. This change in surface cover will increase the rate and volume of storm water runoff which is generated from the site, as well as increase pollutant loads in storm water runoff. IThe manufacturing facilities proposed to be located at this site will discharge wastewater into the existing sanitary sewer system. Portions of the wastewater discharged from this site will be the result of paint facilities.Wastewater disposed of from the painting facilities is high in phosphates and will be partially treated through dilution prior to discharge into the sanitary sewer system. In addition,there are impacts Iassociated with air quality from increased traffic,as well as manufacturing processes. CONSTRUCTION SCHEDULE Construction is anticipated to begin in October, 1996 and continue through October, 1997. ICONSTRUCTION DESCRIPTION The building will consist of a one-story manufacturing (high bay)facility with an attached two-story office building. The office portion is Ilocated on the west side of the manufacturing facility. The main entrance will be located at the south end of the office,facing to the south and west. The loading docks are located on the east side of manufacturing. The exterior wall materials will be masonry and architectural precast panel with large areas of glazing around the manufacturing and office portions of the building. Parking will be located east and south of the building. I IProvide a 50 or fewer word abstract for use in FOR Monitor notice: I I I I I I I I i2 F:IWPWIM1014.791EAW.WPD I 7. Project Magnitude Data 9 Total Project Area(acres) 22.5 or Length(miles) N/A I Number of Residential Units Unattached N/A Attached N/A Commercial/Industrial/Institutional Building Area(gross floor space) I Total 336,096 square feet; Indicate area of specific uses: Office 97,896 Manufacturing 212,290 Retail N/A Other Industrial N/A I Warehouse 26,000 Institutional N/A Light Industrial N/A Agricultural N/A Other Commercial(specify) N/A IBuilding Height(s) 32-37 Feet _ 8. Permits and Approvals Required List all known local,state, and federal permits, approvals,and funding required: Unit of Government Type of application Status IFederal: 1 U.S. Envr. Protection Agency Hazardous Waste ID# To be applied for IState: Minnesota Pollution Control Agency Permit(AIR) General Manufacturing Under application Minnesota Pollution Control Agency Permit General Storm Water Permit To be applied for IRegional: Scott County Environmental Health Hazardous Waste Small Quantity To be applied for IMetropolitan Council Environmental Services Industrial Waste Discharge Permit To be applied for Local: ICity of Shakopee Building Permit To be applied for 9. Land Use Describe current and recent past land use and development on the site and on adjacent lands. Discuss the compatibility of the project with adjacent and nearby land uses; indicate whether any potential conflicts involve environmental matters. Identify Iany potential environmental hazard due to past land uses, such as soil contamination or abandoned storage tanks. I The site located on part of Lot 1, Block 2 of the Valley Park Eleventh Addition in Shakopee, Scott County, Minnesota. The property is located within the northwest quarter of the northwest quarter of Section 10, Township 115 North, Range 22 West. Figure 1 in Appendix A identifies the location of the property and a diagram showing the property boundaries and items of environmental interest is included in Figure 3 in Appendix A. IThe property is currently undeveloped and is bounded by Park Place Drive to the west;ADC Telecommunications, Inc.Warehouse to the north;the FMG-Tsumura property to the east; and 12th Street and undeveloped land to the south. I Historical research and review of local offices confirmed that the property was undeveloped and has been utilized for agricultural purposes since at least 1937. I FMG-Tsumura, located adjacent to the east side of the property was noted on the Voluntary Investigation Cleanup (VIC) list. Groundwater contamination has been identified at the site. The source of contamination has been determined to be off-site. The latest groundwater data collected from the site in March and August of 1990 indicated that no VOCs were identified in the monitoring wells at the FMG-Tsumura site. The debris identified at the site was removed and testing indicated that remaining impacts appear minimal. The MPCA subsequently issued a limited"No Action"letter for corrective actions taken at the site. A subsurface investigation conducted byADC Telecommunicationsin May of 1996 did not reveal the presence of stained or odorous soils, nor debris. Water samples collected from four groundwater sampling wells, MW-1 through MW-4,were submitted for VOCs, I RCRA metals(dissolved),and DRO analysis. The results of the analyses indicated that no VOCs and DRO were identified above the method detention limit in the samples analyzed. Low levels of RCRA metals, barium, and chromium were noted in the groundwater samples. The levels detected are likely an indication of an ambient condition. I I 3 F.IWPW/M1014.13VEAW.WPD IThe results of the subsurface investigation indicated no evidence of debris or a release of hazardous substances or petroleum to soils at the property. In addition,analyses of groundwater samples collected from the monitoring wells on the property did not indicate the Ipresence of a release. 10. Cover Types Estimate the acreage of the site with each of the following cover types before and after development(before and after totals should be equal): I Before After Before After I Types 2 to 8 Wetlands0 Urban/Suburban Lawn 0 7.52 _ Wooded/Forest 4.3 _If) Landscaping • Brush/Grassland 18.2 0 Impervious Surface 0 13.98 IIICropland 0 0 Other(describe) 0 0 11. Fish,Wildlife,and Ecologically Sensitive Resources I a. Describe fish and wildlife resources on or near the site and discuss how they would be affected by the project. Describe any measures to be taken to minimize or avoid adverse impacts. The Minnesota Department of Natural Resources(DNR)Fisheries and Wildlife District Offices were contacted to determine if fish Ior wildlife might be affected. We are currently waiting for a reply from Darrell Ellison of the DNR concerning the impact this project would have on any existing fisheries or wildlife habitat at this site. I There are concerns regarding storm water runoff that may indirectly affect fish habitat off the site. Currently storm water runoff generated from this site will be conveyed to the south into a regional storm water detention/treatment system known as the"K-Mart Linear Pond"located along the north side of the TH 101 by-pass. This system has been sized to accommodate and treat storm water runoff generated from 925 acres. It is the City's intent to provide treatment in accordance with the City's overall I Comprehensive Water Resource Management Plan prior to discharging any storm water from this site into the Dean's Lake Outlet Channel which is directly tributary to the Minnesota River. Therefore, there should be no significant impact on water quality associated with storm water runoff being discharged from this site. I b. Are there any state-listed endangered,threatened,or special-concern species;rare plant communities;colonial waterbird nesting colonies; native prairie or other rare habitat;or other sensitive ecological resources on or near the site? 0 Yes 0 No If yes,describe the resource and how it would be affected by the project. Indicate if a site survey of the resources was conducted. Describe measures to be taken to minimize or avoid adverse impacts. IThe Natural Heritage Program was contacted regarding the presence of any fish,wildlife or vegetation on or near the site that may be listed as State endangered,threatened or special-concern species. Phone conversations have been held with Mary Miller I of the Natural Heritage Foundation and we are currently awaiting a response concerning the occurrence of any of these species at this site. However,past research in the development of the City's Comprehensive Water Resource Management Plan would indicate that species of concern are not present at this site. I 12. Physical Impacts on Water Resources Will the project involve the physical or hydrologic alteration(dredging,filling,stream diversion, outfall structure,diking,impoundment)of any surface water(lake, pond,wetland,stream,drainage ditch)? 0 Yes ■ No If yes,identify the water resource to be affected and describe: the alteration, including the construction process;volumes of dredged or fill material;area affected;length of stream diversion;water surface area affected;timing and extent of fluctuations in water surface Ielevations; spoils disposal sites;and proposed mitigation measures to minimize impacts. The US Army Corp. of Engineers has issued a no wetland declaration for the site and a copy of this letter is attached in the IAppendix. 13. Water Use a. Will the project involve the installation or abandonment of any wells? • Yes 0 No I For abandoned wells give the location and Unique well number. For new wells,or other previously unpermitted wells, give the location and purpose of the well and the Unique well number(if known). I I 1 4 F:IWPWIM1014.131EAW.WPD IGroundwater monitoring wells which will be closed and removed during construction. These wells are: IWell Unique No WW-1 579466 WW-2 579467 I WW-3 579468 WW-4 579469 Location of wells are shown on the Monitoring Well Location Map in Appendix A. I b. Will the project require an appropriation of ground or surface water(including dewatering)? 0 Yes • No If yes,indicate the source, quantity,duration, purpose of the appropriation, and DNR water appropriation permit number of any Iexisting appropriation. Discuss the impact of the appropriation on ground water levels. c. Will the project require connection to a public water supply? • Yes 0 No If yes, identify the supply,the DNR water appropriation permit number of the supply,and the quantity to be used. IWater will be supplied by the City of Shakopee Public Utilities Commission(SPUC). Contact was made with Joe Adams of SPUC and the DNR water appropriations permit number for the City of Shakopee well which serves this site is 80-6205. Groundwater aquifers are the source of Shakopee's public water supply. I 14. Water-related Land Use Management Districts Does any part of the project site involve a shoreland zoning district,a delineated 100-year flood plain,or a state or federally designated wild or scenic river land use district? 0 Yes • No I If yes, identify the district and discuss the compatibility of the project with the land use restrictions of the district. 15. Water Surface Use Will the project change the number or type of watercraft on any water body? 0 Yes • No I If yes,indicate the current and projected watercraft usage and discuss any potential overcrowding or conflicts with other users or fish and wildlife resources. 16. Soils Approximate depth(in feet)to: I Ground water: minimum 33 average_ 37 Bedrock: minimum 20 average 30 Describe the soils on the site,giving SCS classifications, if known. (SCS interpretations and soil boring logs need not be attached.) Two soil series have been classified by the Soil Conservation Service(SCS)for the site. The majority of the site has been classified I by the SCS as Zimmerman fine sand. Zimmerman soils are deep,excessively drained sands. These soils have low available moisture capacity and rapid internal drainage and permeability. The water table is at a depth below 10 feet in all seasons. Zimmerman soils are subject to wind erosion. I The site also contains the Duelm series. Duelm soils are deep, moderately well drained loamy sands. Duelm soils have very low available moisture capacity. The water table is at a depth of 3 to 5 feet during wet seasons. Duelm soils have rapid internal drainage and rapid to very rapid permeability. These soils are subject to wind erosion. IBased on subsurface environmental and geotechnical investigations, areas of the site in the vicinity of the proposed building are underlain by approximately 4 to 8 feet of silty sand and sand fill material. Other areas appear to be underlain by native soil,which consists of silty sand or sand with silt(SM) underlain by poorly graded sand(SP). Bedrock consists of dolomite associated with the I Shakopee Dolomite of the Prairie du Chien Group. 17. Erosion and Sedimentation Give the acreage to be graded or excavated and the cubic yards of soil to be moved: acres 21.5 ; cubic yards 21,000 ' Describe any steep slopes or highly erodible soils and identify them on the site map. Describe the erosion and sedimentation measures to be used during and after construction of the project. The soils on the site are of the Zimmerman fine sand and Duelm series which are subject to wind erosion. There are no steep slopes I >12%located on the site. Temporary erosion and sedimentation measures to be used during construction include silt fences and possible seeding (depending I on the length of time soil is exposed)of exposed soils. Permanent erosion control measures include sod/seeding or placement of impervious surfaces over exposed soils. 18. Water Quality-Surface Water Runoff I a. Compare the quantity and quality of site runoff before and after the project. Describe methods to be used to manage and/or treat runoff. I 5 F:1 WPWIM f 014.131 EAW.WPD The existing site is primarily brush and grass land with a few wooded areas. The development of this site includes the addition of approximately 14 acres of impervious surface area. The result of this land use change will be an increase of 1.2 acre-feet of storm water runoff volume in a one-year storm event and 1.8 acre-feet in a ten-year storm event. The total volume of runoff generated by this site in the one-year storm is approximately two acre-feet,and four acre-feet in the 10-year event. The quality of runoff generated from this site should be typical of industrial sites with higher concentrations of total suspended solids and nutrients than runoff from the existing conditions. It is anticipated that no unique contaminants will be found in storm water runoff ' discharged from this site, as all manufacturing and storage materials will not be exposed to contact by precipitation. Storm water runoff generated from this site will be directed to the south and into a regional storm water treatment and detention ' basin known as the K-Mart Linear Pond. This pond is located on the north side of TH 101 by-pass. Storm water detention and treatment will take place in this regional storm water system as outlined in the City's Comprehensive Storm Water Management Plan. This regional system will reduce the discharge rate from not only this site but an additional 900 acres to 1/3 cfs per acre and provide treatment to NURP recommendations. ' It is anticipated that the regional system will be completed simultaneously with this project and that impacts from water quality or water quantity from the development of this site will be mitigated by the K-Mart regional pond. ' b. Identify the route(s) and receiving water bodies for runoff from the site. Estimate the impact of the runoff on the quality of the receiving waters. (If the runoff may affect a lake consult"EAW Guidelines"about whether a nutrient budget analysis is needed.) Storm water runoff generated from this site will be directed to the K-Mart Linear Pond located on the north side of the TH 101 by- pass as noted above. Water discharged from this regional storm water detention and treatment facility will be directed to the Dean's Lake Outlet Channel which will then convey water to the north and into the Minnesota River. The City's Comprehensive Storm Water Management Plan is in compliance with the Metropolitan Council's interim strategies for reducing non-point source pollution to all metropolitan water bodies. This document states that the goal of the Metropolitan Council is to reduce the overall ' pollutants to the Minnesota River by 40%. The City of Shakopee has prepared a Comprehensive Storm Water Management Plan which is in compliance with these guidelines and the systems proposed for this location should perform adequately to meet or exceed these goals, thus reducing the impact to water quality on downstream water bodies. Storm water rate control and Itreatment will occur prior to any water being discharged into the Dean's Lake Outlet Channel. 19. Water Quality-Wastewaters a. Describe sources, quantities, and composition (except for normal domestic sewage)of all sanitary and industrial wastewaters ' produced or treated at the site. The amount of water discharged by the present facility for the 1995 time period was approximately the following: ' Cooling water: 125,410 gallons Domestic water: 2,771,120 gallons Industrial water: 4,212,780 gallons ' These figures were taken from the 1995 DMRs as reported to the Metropolitan Council of Wastewater Services. The new facility will most likely double the cooling and industrial use and domestic use. ' 1995 paint and process water volumes averaged approximately 12,701 gallons per day. 1995 total facility water volumes averaged approximately 23,701 gallons/day. (Numbers taken from two sampling periods by MCWS) The composition of wastewater from this site is anticipated to be approximately the same as the analytical results from the existing Bloomington facilities. The analytical results of waste water sampling at that facility indicate the following composition: 1 1 ' 6 PIWPWIM1014.131EAW.WPD I Analytical Results I Date EPA Result* Result* j Discharge Limits Tested Method Parameter (Measured) (Waste Factored) & Thresholds 6/19/96 150.01 pH (Paint Line) 7.55-7.85 -- 5.0- 11.0 I6/21/96 160.2 Total Suspended Solids 7.8 89 250 6/21/96 410.4 Chemical Oxygen.Demand 67 212 500 I6/27/96 213.1 Cadmium <0.010 1 <0.007 !; 0.26 6/27/96 1 220.1 Copper 0.43 0.29 2.07 I6/26/96 239.2 Lead 0.014 0.009 0.43 6/27/96 289.1 Zinc 0.21 0.14 1.48 I *All results except pH are in mg/I. I b. Describe any waste treatment methods to be used and give estimates of composition after treatment, or if the project involves on-site sewage systems,discuss the suitability of the site conditions for such systems. Identify receiving waters(including ground water)and estimate the impact of the discharge on the quality of the receiving waters. (If the discharge may affect a lake consult"EAW Guidelines"about whether a nutrient budget and analysis is needed.) I The only waste treatment will be elementary neutralization of the phosphating tank solution(s) used on the powder paint lines. These solutions will be neutralized by dilution prior to discharge to the sanitary sewer system. The volume of this discharge is I approximately 2200 gallons per event and occurs once per month. So, with three active paint lines, we would expect approximately 6600 gallons of this type of discharge occurring in a month's period of time. The ultimate use of this facility does include the possible addition of a fourth paint line and a third degreaser. Ic. If wastes will be discharged into a sewer system or pretreatment system,identify the system and discuss the ability of the system to accept the volume and composition of the wastes. Identify any improvements which will be necessary. I All waste water discharges from this site are anticipated to be into the inplace sanitary sewer system which carries waste water to the Blue Lake Treatment System. This waste water system has been sized and designed to accommodate discharges from this industrial site as well as the entire industrial park. I20. Ground Water—Potential for Contamination a. Approximate depth (in feet)to ground water: 33 minimum; 35 average. I b. Describe any of the following site hazards to ground water and also identify them on the site map:sinkholes;shallow limestone formations/karst conditions;soils with high infiltration rates;abandoned or unused wells. Describe measures to avoid or minimize environmental problems due to any of these hazards. I Sinkholes,shallow limestone formations and karst conditions are not exposed at the surface on the site. Subsurface investigation indicates that dolomite occurs beneath the site at a depth of 20 to 30 feet. Karst conditions have not been documented in the dolomite bedrock. The unconsolidated materials overlaying the bedrock generally consist of relatively permeable sand deposits which generally have high infiltration rates. The Geologic Atlas of Scott County indicates that the shallow water table in the vicinity I of the site is highly susceptible to contamination. Four monitoring wells are currently located on he site but will be abandoned and removed prior to construction of the facility. In order to minimize potential environmental problems, the wells should be abandoned and sealed in accordance with Minnesota Department of Health regulations. I c. Identify any toxic or hazardous materials to be used or present on the project site and identify measures to be used to prevent them from contaminating ground water. I Outside storage tanks containing methylene chloride,Machine Cutting Oils, Stoddard Solvent,and a waste oil tank. Also stored on-site will be cryogenic liquids,such as liquid oxygen and liquid nitrogen. Outside aboveground storage tanks will be contained in berms large enough to contain at least the largest tank size spilled as required by State and Federal codes. I I7 RIWPWIM1014.131EA W.WPD I21. Solid Wastes; Hazardous Wastes;Storage Tanks a. Describe the types,amounts,and compositions of solid or hazardous wastes to be generated,including animal manures,sludges I and ashes. Identify the method and location of disposal. For projects generating municipal solid waste indicate if there will be a source separation plan; list type(s)and how the project will be modified to allow recycling. The present site in Bloomington generates the following solid waste: • ISolid Waste Amount Composition Disposal 40 yds/wk Kitchen/office waste Landfill I . The management plan for the Bloomington site is listed below. This plan is currently on record with Hennepin County for the small quantity generator license for the site. I Hazardous Waste Amoi nt Composition Disposal* 385 Gal/yr. Dichloromethane(F002) Incineration/Thermal I 550 Gal/yr. 700 Gal/yr. Flammable liquids(D001) Fuel blended Oil(M100) Recycled/Beneficial use 165 Gal/yr. Lead contaminated coolant(D008) Incineration/Thermal 1540 Gal/yr. Water soluble mineral oil(woo) Incineration/Thermal# I 50 lbs/yr. Used oil filters moo) Recycled/Beneficial use 600 lbs/yr. Oil soaked absorbents(D007,D006) Incineration/Thermal 456 lbs/yr. Misc.chemicals(MN02) Incineration/Thermal 20 lbs/yr. Batteries-lead acid(D002,D008) Recycled/Beneficial use I 100 lbs/yr. Batteries(D002,D003,D009) Recycled/Beneficial use 2,000/yr. Fluorescent lamps(D009) Recycled/Beneficial use 40,000 lbs/yr. Surplus elect. inventory(D006,D007,D007) Recycled/Beneficial use (*In compliance with MPCA regulations) I Wastes that are recycled are copper alloys,aluminum, steel,cans,glass,cardboard and paper. I b. Indicate the number, location, size, and use of any above or below ground tanks to be used for storage of petroleum products or other materials(except water). Above ground storage tanks I Methylene chloride-500 Gallons Machine cutting oil- 1000 Gallons Stoddard solvent-250 Gallons Waste oil tank-500 Gallons I Cryogenics Liquid oxygen(900 Gallons) Liquid nitrogen (3,000 Gallons) I The location of these tanks can be seen in Appendix A. 22. Traffic Parking spaces added 700 Existing spaces(if project involves expansion) N/A Estimated total Average Daily Traffic(ADT)generated 2318 Estimated maximum peak hour traffic generated(if known)and its timing: 364 I peak hour . For each affected road indicate the ADT and the directional distribution of traffic with and without the project. Provide an estimate of the impact on traffic congestion on the affected roads and describe any traffic improvements which will be necessary. It is estimated that proposed site with expansion will generate the following traffic: I I I I I8 F:IWPWIM1014.131EAW.WPD ' Traffic Generation ' Manufacturing Average Daily Reak Hour 3:00-4:00 Proposed 174,400 SF Expansion 37,800 SF Total 212,200 SF 817 160 iWarehouses: Proposed 26,000 SF 127 20 ' Office: Proposed 88,296 SF Expansion 9,600 SF Total 97,896 SF 1374 187 ' Total Full Development 2318 367 The estimated trip generation is based on information found in the 5th edition of the Institute of Transportation Engineers Trip Generation Manual. The primary impacted roadways adjacent to the site are 12th Avenue on the south and Park Place to the west of the site. Access will be provided from both of these roadways. ' Traffic will be distributed to the regional roadway system(ie;TH 101 and Scott CR 83) by two designated collector roadways. 12th Avenue is a east-west roadway which will carry traffic from the site to CR 83. Valley Park Drive is a north-south roadway that will carry traffic from the site to TH 101. It is estimated that the traffic from the site will be distributed 50-50 to these roadways. ' The figure in Appendix A illustrates the existing and proposed Average Daily Traffic(ADT)volumes on the impacted roadways as well as the estimated traffic distribution from the proposed site. The critical areas that would indicate operational problems due to the traffic generated from the proposed sites are the driveways to ' the site and major intersections. The primary access driveways to the site are from 12th Avenue which is a four-lane roadway(two lanes in each directions). This roadway section will accommodate any traffic which would be turning into or out of the proposed site. The access onto Park Place is a secondary access and will have little volume and will not be impacted by the proposed traffic into or out of the site. The regional impacts would be at the intersections of 12th Avenue and CR 83 and Valley Park drive at TH 101. The intersection of Valley Park Drive and TH 101 is currently a signalized intersection and would have sufficient capacity to handle any proposed site generated traffic. The intersection of 12th Avenue at CR 83 is currently stop sign controlled. This intersection should be considered ' for traffic signalization with the proposed expansion of this facility. Based on this data,the proposed site traffic now,and in the future,will have little or no impact on the existing roadway systems. The Ionly roadway improvement that should be considered is the signalization of the intersection of 12th Avenue at CR 83. 23. Vehicle-related air emissions Provide an estimate of the effect of the project's traffic generation on air quality, including carbon monoxide levels. Discuss the effect of traffic improvements or other mitigation measures on air quality impacts. (If the project involves ' 500 or more parking spaces,consult`EAW Guidelines"about whether a detailed air quality analysis is needed.) The proposed project will involve development of 336,096 SF of building area and an ultimate expansion of 700 parking stalls. The development does not require an Indirect Source Permit (ISP) because fewer than 1,000 new parking spaces will be provided. ' However,a carbon monoxide analysis was performed to document compliance with applicable ambient air quality standards. To screen the project for potential air quality conformance problems,the Mn/DOT simplified analysis procedure was utilized. One receptor location was used for the analysis. The background carbon monoxide levels used for the analysis were non-rural one-hour in eight-hour levels indicated in the Mn/DOT guidelines which are 2.5 PPM and 1.5 PPM respectively. The results of the analysis indicate that the roadways adjacent to the proposed facility will be within the current MPCA guidelines of ' 30 PPM for a maximum one hour reading and 9 PPM for an average eight hour reading. The following Table represents the results of the analysis for the proposed project years. 9 F:IWPWIM7014.131EAW.WPD • I Estimatelevel(PPM) MPCkGuideline s--(PpM) I 1996 1 -Hour 3.1 30.0 1996 8-Hour 2.0 9.0 1999 1 -Hour 3.0 30.0 1999 8-Hour 1.9 9.0 2001 1 -Hour 3.4 30.0 2001 8-Hour 2.2 9.0 I24. Stationary source air emissions Will the project involve any stationary sources of air emissions(such as boilers or exhaust stacks)? • Yes 0 No If yes, describe the sources,quantities,and composition of the emissions;the proposed air pollution control devices;the quantities and composition of the emissions after treatment;and the effects on air quality. ADC Telecommunications, Inc. is in compliance with all existing State and Federal Air Quality rules and regulations. I The existing facility in Bloomington has filed for an air permit(General Manufacturing)from the MPCA. The equipment that will be permitted on this application are: 2 solvent degreasers using methylene chloride&associated storage tanks I Associated burners for the powder paint lines Touch-up paint booth,8-gallon solvent tank and silk screen operations Facility boiler and an air scrubber boiler(for degreaser) HVAC equipment IThe new facility is expected to use the existing equipment from the Bloomington facility,with the exception of the HVAC equipment and facility boiler. The new facility is expected to add at least two more powder paint lines, possibly one more degreaser,three wet booths,and a diesel powered generator to be used as backup as a UPS system. I Within the application for the Bloomington General Permit,the following PTE and Actual quantities were reported as being emitted: I Potential to Emit Actual Emissions VOCs -205 tons -6.5 tons PM/PM-10 -130 tons Less than 2 tons CO <1 ton I SO2 <1 ton NOX -1.5 Lead 0 I25. Will the project generate dust,odors,or noise during construction and/or operation? • Yes o No If yes, describe the sources, characteristics, duration, and quantities or intensity, and any proposed measures to mitigate adverse impacts. Also identify the locations of sensitive receptors in the vicinity and estimate the impacts on these receptors. I Dust During construction, particular emissions will temporarily increase due to the generation of fugitive dust. The following dust control measures will be undertaken as necessary: I1. Minimize the period and extent of areas being exposed and regraded at any one time. 2. Spraying construction areas and all roads with water,especially during periods of high wind or high levels of construction activity. 3. Minimize the use of vehicles on unpaved surfaces. I 4. Covering or spraying material piles and/or truck loads. Odors The proposed project is not anticipated to involve any process that would generate any odors outside of the buildings. $ Noise The noise standards applicable to the proposed development are those developed by the State of Minnesota in its noise pollution control regulations. The following Table outlines these noise standards by land use type. I 111 I10 F:IWPWIM1014.131EAW.WPD INoise Level Standards-Minnesola PollutiotGontroLAgenc_y__(1) General Land Use Types Daytime Noise Level Nighttime Noise Level I Category (10:00 P.M.to 7:00 A.M.) NAC- 1 Residential and L10 of 65 dBA L10 of 55 dBA IInstitutional L50 of 60 dBA L50 of 50 dBA NAC-2 Commercial and • L10 of 70 dBA L10 of 70 dBA Recreational L50 of 65 dBA L50 of 65 dBA INAC-3 Industrial L10 of 80 dBA L10 of 80 dBA L50 of 75 dBA L50 of 75 dBA I (1) MPCA-2 Noise Standards; Minn. Rule 7010.0400 Existing and projected 1999 and 2001, noise levels were determined for a receptor adjacent to the site off of 12th Avenue.The Federal I Highway Administration (FHWA) Level Two Highway Traffic Noise Prediction Model, Stamina 2.0 was used for this analysis. The Traffic Noise Model on which this computer was based was developed the Federal Highway Administration and is documented in a report entitled FHWA Highway Traffic Noise Prediction Model (FHWA-RD-77-108). I The model uses: 1. The volume and type of vehicles on the roadway; 2. Vehicle running speeds; 3. The physical characteristics of the roadway(e.g. horizontal and vertical alignment);and I 4. Any physical features between the roadway and the receptor that may mitigate the noise,such as buildings or noise walls. Output is issued in the form of L10 and LEQ values. I The noise level analysis for the receptor indicated that the levels will increase in 1999 and 2001 over what they are today. However, all levels are well within the noise level standards for an industrial facility as indicated in the previous Table. The following Table indicates the results of the existing, predicted and projected noise levels. IL10 150 1996 Without Site 65 55 1996 With Site 68 60 1999 With Site 70 62 I 2001 With Site 71 68 MPCA Standard 80 75 26. Are any of the following resources on or in proximity to the site: a. archeological, historical,or architectural resources? 0 Yes 0 No b. prime or unique farmlands? 0 Yes • No I c. designated parks, recreation areas, or trails? 0 Yes • No d. scenic views and vistas? 0 Yes • No e. other unique resources? 0 Yes • No I If any items are answered Yes,describe the resource and identify any impacts on the resource due to the project. Describe any measures to be taken to minimize or avoid adverse impacts. The Minnesota Historical Society has been contacted in an effort to determine if any archeological, historical or architectural I resources are present within the proposed project site. Upon receiving information from the Minnesota Historical Society, it will be incorporated into the EAW as an Appendix. However, from past requests from the Minnesota Historical Society in the development of the City's Comprehensive Storm Water Management Plan it is anticipated that there will be no historical, archeological or architectural resources impacted by this proposed project. I27. Will the project create adverse visual impacts? (Examples include:glare from intense lights;lights visible in wilderness areas;and large visible plumes from cooling towers or exhaust stacks.) 0 Yes • No I If yes, explain. The site is consistent with adjacent land uses and is located within an industrial park. I I1 1 F:IWPW1M1014.131EAW.WPD I28. Compatibility with plans Is the project subject to an adopted local comprehensive land use plan or any other applicable land use, water,or resource management plan of a local, regional, state, or federal agency? • Yes 0 No I If yes, identify the applicable plan(s), discuss the compatibility of the project with the provisions of the plan(s),and explain how any conflicts between the project and the plan(s)will be resolved. If no,explain. The proposed site must be in compliance with the City of Shakopee Comprehensive Land Use Plan and Comprehensive Storm Water I Management Plans. The proposed location is identified in the Comprehensive Land Use Plan as an industrial site as shown in the Appendix A. In addition,as previously discussed,the Comprehensive Storm Water Management Plan has anticipated that storm water generated from this site will be treated in a regional storm water detention and treatment basin to be located north of TH 101 just south of the proposed project site. This project is in conformance with the City's local plans. In addition,there are several requirements by the MPCA, Metropolitan Council and Scott County which will be addressed through the approval of permits for the proposed site. 29. Impact on Infrastructure and Public Service Will new or expanded utilities,roads,other infrastructure,or public services be required to serve the project? 0 Yes • No If yes,describe the new or additional infrastructure/services needed. (Any infrastructure that is a"connected action"with respect to the project must be assessed in this EAW;see"EAW Guidelines"for details.) Lateral storm sewer,watermain, sanitary and electrical utilities will need to be constructed to connect this site to trunk services which have been designed for industrial use. 30. Related Developments; Cumulative Impacts a. Are future stages of this development planned or likely? 0 Yes • No If yes, briefly describe future stages,their timing, and plans for environmental review. b. Is this project a subsequent stage of an earlier project? 0 Yes • No If yes, briefly describe the past development,its timing, and any past environmental review. Ic. Is other development anticipated on adjacent lands or outlots? • Yes ❑ No If yes, briefly describe the development and its relationship to the present project. d. If a, b, or c were marked Yes, discuss any cumulative environmental impacts resulting from this project and the other development. IADC built a distribution/warehouse building just north of the proposed building site. At the time the building was built, 30,000 square feet was set aside for future expansion of that building. Possible addition of 50,000 square feet is being predesigned into Ithe building for possible future expansion of this new building. 31. Other potential Environmental Impacts If the project may cause any adverse environmental impacts which were not addressed by items 1 to 28, identify and discuss them here,along with any proposed mitigation. t None 32. Summary of Issues (This section need not be completed if the EAW is being done for EIS scoping;instead,address relevant issues in the draft Scoping Decision I document which must accompany the EAW.) List any impacts and issues identified above that may require further investigation before the project is commenced. Discuss any alternatives or mitigative measures that have been or may be considered for these impacts and issues, including those that have been or may be ordered as permit conditions. I I I I I I 1 12 F:IWPWIM1014.131EAW.WPD 1 CERTIFICATIONS BY THE RGU (a113 certifications must be signed for EQB acceptance of the EAW for publication of notice in the EQB Monitor) A. I hereby certifyytIt th 'nf tigA ont i ed in this document is accurate and complete to the best of my knowledge. I Signature v_ `c IB. I hereby certify that the project described in this EAW is the complete project and there are no other projects,project stages,or project components,other than those described in this document,which are related to the project as"connected actions"or"phased actions," as defined,res/gcj;vely�atjign. u es,- t .4410.0200, subp.9b and subp.60. 1 Signature ,A,, Y�l C. I hereby certify topi ofj�gco p eted -AW are being sent to all points on the official EQB EAW distribution list. Signature ��l - 1 Title of signer L-•17 /1/c.--r s, Cc Date W(3( r 6 I I I I I I I I I I I I 111 I 13 F:IWPW1M1014.131EAW.NPD 1 1 1 1 1 1 1 1 1 tFigures 1 1 1 1 1 1 1 I o I z u I M c r-r V `.../ / i / \ H ,1 1 ( z i cZ i 3;'4 I iji\\, / .18 9 f4.' ~ J ^ P �r _ I _. r a. i s ✓ \ xxiw'.ai. c 5 td d dti *{ MI rQa ' t r o 14:,: O ithiliii 11 IN tni ' , \ LI e CIS - a 1._Cd 0... ..•n 0. 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M1 m �`// i -� 6�2i•54-0002 PURSUANT r0 PSA 2160: '�• 1 •COVTO,NPS AT I CoF /RNTERVALS. • �I.‘.i�- ._ \ •ill I 'ctC6T10N 11 •, •\ • R• ---?'-N • _ -- ;A••F REBr CERTIFY THAT/HS RUm DR REPORT AS RPfRAPED BY PE DR uvDER AW DPW 1 I h 5:RERVSION AND THAT I Au A Dutr REGSrERED /III II Vv0 SURVEYOR uHDEP T«E LAWS 0[T«E STATE OF 1_1•` I( -...p+.3s94l�6" /,i---------------__/---- /�.._ -- u...rNESOiA. % DATED, .- J .. ----.------__ -TES 5a ` _ -- .. N. PEO AO.19+62 Y--- 3--- L 3--- _ _ -_. .. WELL LOCATIONS . [T , TOPOGRAPHIC SURVEY CE * - LOCATION OF MONITORING WELLS ENVIROSCIENCE AD.C. TELECOMMUNICATIONS C EIXnZ_�.E'="5;,4• NOTE: MONITORING WELLS WILL BE ABANDONED. 1 RSP ARCHTECTS. INC. NO NEW WELLS WILL BE INSTALLED FOR THIS PROJECT. (6,21 94•-64.36 WELL LOCATION MAP -_J FIGURE 6 I 1 ": , Kr . • ` V1 ,r L t • i • ( u. sf vs C�' • C W I m ! (]. N/• .S.4 7 �',N t/ r:= ,f Y !. N • rc:. r , p4 g p }• J: rry• • i , • .. �. 1.Li t••1 i Y , i N .^ fl . 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Im�t - ri 11:1,1"7". iv..ir,,, ,r- . it • . �� 2 ;, • 4 "I+'„1,, , ---- i T/ )I )L '' .1 j • ....... � :„.1,31.114-,_”` i�:i r- _.... 1 us • / n wa•-*:e, iI . v \\7'., t .. l . o as°di '1�.41,.!..117:1014.......,.—.]1i 1 ° — t� 4,--,,,, • `M1 i its 4 1 e .�'� N�-� . „4s4.4.1 ti lliI��Ijirn_'.'”' —0 ® 0 C9. °sow .. 11 • 1 1. {� • o ' 61 _._ __�4\\; ill _— :_4_4. — —..I 1 I 1 1 1 I 1 r 1 APPENDIX B US Army Corps of Engineers No Wetland Declaration 111 t I t 1 06/03/96 08:13 FAX 612 445 9372 VALLEY GREEN -►-,->• B.A. LIESCH CZ001 i1 . I • ��INt uro ° .., - .� .. _ .i . ''� .1 C..:* �; I60 E.KELLOGG BLVD..ROOM 1421 C inti--. ,In' ST.PAUL.MINNESOTA 551014 1. 7y �' April 21, 1993 �r. IIEsL•10 .TiEMT:Om as . J construction-Operations Post- Fax Note 7671 Date pe°ges1 i t (r / Regulatory (93-01936-NP-GAE) Tar /In/1j 4 't From a; t 6/1.6. S0/Yi CoJDept. f 2_�� Co. VV ' Mr. Jon Albinson '7—' Phone A Phone a I I Project Director t Valley Green Business Park Partnership Pao, Fax# 5276 Valley Industrial Boulevard South • Shakopee, Minnesota 55379 iI Dear Mr. Albinson: • 'I We have reviewed the information provided us about a project proposed by the Valley Green Business Park Partnership to. develop an upland site for, a project known as the Valley Green 11th Addition. The project site is located in Sections 9 and 10, T. 115 N. , R. 22 W. , of. Scott County, in Shakopee, Ill Minnesota. • The work proposed at the location stated: is not within the regulatory I I jurisdiction of the Corps of Engineers. No work will be done in a navigable water of the United States, and no dredged or. fill material will be placed in any water of the United States, including wetlands. Therefore, a Department II of the Army permit is not required to do this work. This letter is valid only for the project referenced above. If any change in design, location, or purpose is contemplated, contact this office to I I avoid doing work that may be in violation of Federal law. PLEASE NOTE THAT THIS CONFIRMATION LETTER DOES NOT ELIMINATE THE NEED FOR STATE, LOCAL, OR OTHER AUTHORIZATIONS, SUCH AS THOSE OF THE DEPARTMENT OF NATURAL RESOURCES OR 1 i COUNTY. If you have any questions, please call Gary Elftmann of this office:at i /f any 220-0355. • _ Since,— y, , / 1 � � i Ben Wopat . Chief, Regulato = anch • I I Construction-Operations -Division Copy furnished: ! . • 111 Mr. Steven Carison STS Consultants, Ltd. • 3650 Annapolis Lane, Suite 120 IIIMinneapolis, Minnesota 55447 City of Shakopee i r Planning Department 129 East First Avenue _- Shakopee, Minnesota 55379 ii i I I APPENDIX C Minnesota Department of Natural Resources Fish and Wildlife Information 1 t 1 ' LETTER TO BE FORWARDED 1 1 1 1 1 1 1 i i i 1 1 1 ' APPENDIX D Minnesota Historical Society a i I I 1 1 ' LETTER TO BE FORWARDED 1 t 1 1 1 1 1 I 1 I 1 1 I ' APPENDIX E Well Log and Soil Boring Data I ii .- l` fBERGERSON = CASWELL INC. l . II y�� Commercial • Municipal • Residential 3�° .°• Submersible& Turbine Pumps oI. f 01 JAEnvironmental Drillers * A.BILITY vilre.-`{ ; Certified Well Drillers Well Drilling,Abandonment&Repair Since 1948 Cernfled Pump Instalkts 10 May 9, 1996 illi Mr. Dana Wagner B. A. LIESCH ASSOCIATES, INC. 111 1550 Hubbard Avenue B. A. Liesch Proj.# 61745.00 Plymouth, Minnesota 55441 Bergerson-Caswell Proj.# 96E5805 IIII RE: Drilling services, sampling, monitoring well installation and well development at the ADC-Valley IPGreen Project, 12th Avenue and Valley Park Place, Lot 1, Block 2, Shakopee, Minnesota ElMr. Wagner: Enclosed are copies of the driller's field boring logs, well diagrams, Minnesota Department of Health ill (MDH) Monitoring Well Permits and MDH Water Well Records for the above referenced project. The invoice for this project will be sent to you under separate cover. IIIf you have any questions regarding the enclosed, please feel free tog ive me a call at (612) 479-3121. iiSincerely, BERGERSON-CASWELL, INC. I (b. 111 Robert W. Caho Operations Manager ill RWC/dap al Enclosures: Boring Logs Well Diagrams MDH Permits IMDH Records II yr vpd,I.•....Ipri ATIvi.1+3a15ri - 5115 Industrial St.,Maple Plain,MN 55359 (612)479-3121 Fax 479-2183 . •. .11 -1 r, .. ,.. „...< .,, . .. . • 4' 1 . ...... .. .. ......, ..... . p i .. .. ,,., . . r "... ).. ‘•••••.= .. D ---1 ,), ,., ....„. „ ... .„..„, ,,.. . ., , -„,- .. . .,, ... z ..... .... ' k Nt, •• •• -,: t , .z., ri N. --.1. t i a • •• .6 1 P z l'' .. A 10.-i. ,1 ...,i . . : .: ,,iciit4,1i.•,...; 1 i. • ' 3 1 .1 ; t. . f u7. cii ci .Z . .... < . ,... •., ...,.. . . - czzzrzst..) . • 4 . - . 0 P 0 ii! 1.-:-.c. A (c...,4 .. . -T :. . " • -.) ,,, • \i) • ._ ' ., li C4 il I 0 1,60 .....". .t....; _: ...: . Q., ,, , ..... °) • • ."''''t ct p § ' • Z \ a.' ‘.. III .... N. L . __..,.... , , , ....._, , .. li E z 0 LI " --... ........7, —II ,..—.1 r'S -ry p ..., . ••••••.1 4.1 . , k.... \ P •_ • :-. 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'' ► Z":".. i►j a 4'ike.::-E ii© DATE y,zs-sC 'xy: Sb. 1 ` . CHIEF/UNIT ^�� L7r�Kr./ d'(, / 1 II 1. PROTECTIV © E CASING 10 NO IILOCKING < NO '1111111111 2. CONCRETE SEAL YES NO 1 I © 3. TYPE OF SURFACE SEAL1 (IF INSTALLED) I I © �4. SOLID PIPE TYPE _ _ SOLID PIPE LENGTH _ jII r f+ JOINT TYPE SLIP/GLUED THREADED j' Z. II 5. TYPE OF BACKFILL /1-14-,44r-•TH 2 HOW INSTALLED - ,, E EV. FROM SURFACE D TH O 6. TYPE OF LOWER SEAL (IF INSTALLED) 11,:11 ELEV - �al 7. SCREEN TYPE ,'� ii, i SCREEN LENGTH . Q SLOT-SIZE _ .3 ■ LENGTH ft. '�� I 0, E., SCREEN DIAMETER n. i t. I 4 8. TYPE OF BACKFILL AROUND D El 's SCREEN •TH ;: ■ s ■ '- EL F r N 9. TYPE OF BACKFILL D • H a ���-i 0 10. DRILLING METHOD fl,S/9 f, 11 . ADDITIVES USED (IF ANY) ing un, u.ecfi 5 � 9YGG WATER LEVEL � • oN-C 3' 'E FRS ASWELL, INC. DATE S'-�fr *ALL DEPTHS MEASURED FROM GROUND SURFACE. II I , ill ELEV. S ELEV. MONITORING WELL CONSTRUCTION INFORMATION STICK-UP a sS ft./ -• CD JOB NO. 3"6El"s— ELEV. �,.��}� ,1",::4,•: BORING/WELL NO )Z7"-2. IE 1� 4° +o.1;•-dEIV© ' DATE `Y-2 sr t..., 4i✓ � q 1 i -- ''o CHIEF/UNIT �,, 1. PROTECTIVE CASING dip NO I I .... CD LOCKING Y-10. NO _ _ 2. CONCRETE SEAL YES NO 0 3. TYPE OF SURFACE SEAL (IF INSTALLED) 4. SOLID PIPE �' TYPE -17;.--e,(9O SOLID PIPE LENGTH aev — ft. JOINT TYPE SLIP/GLUED THREADED elk ImM. 5. TYPE OF BACKFILL Ne.7,-' I IEPTH _: _ HOW INSTALLED -_� LEV. _ FROM SURFACE PTH o 6. TYPE OF LOWER SEAL (IF INSTALLED) I EV. -___________________.'L _-v 7. SCREEN TYPE It ,•—. SCREEN LENGTH -� ',', ��•21, 07 SLOT-SIZE LENGTH ft. ,, '-- , I . ~1 . SCREEN DIAMETER -11O 8. TYPE OF BACKFILL AROUND SCREEN fPTH , ELEV. • 9. TYPE OF BACKFILL IPTH d • •, 9 ��� O 10. DRILLING METHOD ELEV. / 11. ADDITIVES USED (IF ANY) MDQ vNA 5'791G1 WATER LEVEL DATE S/-sem ill RGERSON-CASWEIII INC. *ALL DEPTHS MEASURED FROM GROUND SURFACE. I 1 ELEV. MONITORING WELL CONSTRUCTION INFORMATION 1 ELEV. JOB NO. ,r�.� STICK-UP ,2,( ft./ O �, o„ BORING/WELL NO. /� 4/ I (ELEV. �.�4.. .... E.--_ s,•0:•-• ;ib zi' 1 41'© DATE ,S"-/ -t c t •►i, sbi✓ Vii. . o' CHIEF/UNIT ��,,,_ / / 1. PROTECTIVE CASING CP__ NO 0 I _ LOCKING NO r 2. CONCRETE SEAL YES NO _ O 3. TYPE OF SURFACE SEAL (IF INSTALLED) 1 / __ _ 4. SOLID PIPE TYPE ‘.5;o' _ 5 I -" - SOLID PIPE LENGTH 3.X,.1- ft. JOINT TYPE SLIP/GLUED THREADED - 5. TYPE OF BACKFILL A,-....,,-- G... I1DEPTH 3 Y _ ^ HOW INSTALLED -_T FROM SURFACE (ELEV. 6. TYPE OF LOWER SEAL (IF INSTALLED) DEPTH CD "'ELEV. . ;,,�,?� 7. SCREEN TYPE -=' SCREEN LENGTH II •�,, — ' I , -" 0 SLOT-SIZE LENGTH ft. — SCREEN DIAMETER ..' ' g 8. TYPE OF BACKFILL AROUND SCREEN !DEPTH ' :i ELEV. �'•�� . 9. TYPE OF BACKFILL IIIDEPTH �d ���: 0 10. DRILLING METHOD aY...Plye..: y,- °L7 ELEV. 11 . ADDITIVES USED ( IF ANY) 11 ADbk yr.{` S7t`F(0 $ IIWATER LEVEL Ser DATE _S-/-S. BERGERSON-CASWELL, INC. *ALL DEPTHS MEASURED FROM GROUND SURFACE. 11 111 ELEV. T ELEV. MONITORING WELL CONSTRUCTION INFORMATION iim STICK-UP .2.4' ft.� 1 JOB N0. 5,65- ill O ELEV. •,,,b� „•\,,. _ BORING/WELL NO. fjz w ,y `, .-4 N,• a'_ o DATE /-ft I �c CHIEF/UNIT � IIIII : O 1. PROTECTIVE CASING c SP NO I I - _ 3 i LOCKING NO 2. CONCRETE SEAL YES NO _ _ (:) 3. TYPE OF SURFACE SEAL (IF INSTALLED) _ _ O 4. SOLID PIPE TYPE S/L.`/ I , ...= SOLID PIPE LENGTH 3415— ft JOINT TYPE SLIP/GLUED THREADED 5. TYPE OF BACKFILL ..e. 'DEPTH 3 c' HOW INSTALLED - I 'ELEV. ,''� SURFACE I 6. TYPE OF LOWER SEAL (IF EPTH )111 O INSTALLED) I "LEV, - ='� 7. SCREEN TYPE ,. --`, SCREEN LENGTH %.^' O7 SLOT-SIZE LENGTH ft. 1 i :'=11:t; (:) • SCREEN DIAMETER 6, ►_, 8. TYPE OF BACKFILL AROUND SCREEN in. 1 I[EPTH ELEV. 9. TYPE OF BACKFILL 1EPTH j ♦ 4!" 9 �' 10. DRILLING METHOD Mi ' / 6,..... ----col> LEV. 11. ADDITIVES USED (IF ANY) li • JI WATER LEVEL ? S DATE S ERGERSON-CASWELL, INC. *ALL DEPTHS MEASURED FROM GROUND R Ii SURFACE. APR-24-1896 15: 13 FROM MDH ENV I RONmENTAL HEALTH TO 9-4792193 P.03/03 I 114/ 22/98 13: 40 PAII 812 445 937'; Y A.L.L.-C.1 ur.r..c..• . • • 04/17/96 16: 6 1 11'612 552 2202 RA LIESCE • • . caoos • . . • ..• • . . - I 1TjM . • ! : . ! moielf..SOTA CEPAAT• •..- tu••• •..-. N.• • • • • • . . . . .. ' - 1 MONITORING WILL -:::i.--i- co.'n•..,.., • ' .. • I. tallci)scP `i,2 ' • • : • . ' ifte"sy ariar psymbla to the MiffiltfrOtA 1).partm€1 at - •.: • ,i: •iii.cp•ettp14$3a.applkAtkin - fi*tat iNt MkrameitOtit Daportift - Or OOP rtt. WOW Oti*CiPli.Y !: i4akf41 0400),'WW1 MaAltFsel*vt Unit.P.o. Rex 64.976. 's0.- _, 1W' AMO*Rita&f.dM(A-3 93 ifr Ir. POW, Prilroesete 131544.97S. ATTN: Cashi'ef. C.:9 NtAW. cb Dm*Received.: 42,.-.,2r/r•W.. • . . • . . zSoCods= Wan s$0111i2e14-,C23 1 12t ' • D•poe:It No. : : ...1,60__: •: 0 maw filet reltal1 OLi Cif Petf41812171 WIN WO igtc t 1001sata .• - . . , • Not Atipeoved 116 Site pmtoIt e+ists Petinit No. None' Otte Approv , - ed. . _-_-_,Y,:ifi•4_,.. /4'' • • via owned by State Ot 1044 government None • .• _• • • icafts Tr•rmIt No. • • I if AN&thaw ffoofiiitafferia Want It 100Ati•ri 1 • 1 I• i Ritomtnierlon NOM; Oo. mit a 1 001well()om f site pt cr gOvemmentl ' i I • • . • 1. A; LEGAL pesdfurnom bc WELL LOCATION COUNTY —S.c.OLL ; ---;.:—.--..- r--- • - . . 1 • • . , ; . ' P—. teretair kw= ! i'Tiksittuthip &coats ilurrowt ........m tkaihrts• upww , ; (.114444 Wd i44.. o:•pme iity•es. • - . ; i. ! • I W . . . .. • • , :. . .,., _ . . • 1 is - 22 W 10 % 14N1c1 % NW S 67 y. 4. 1 45 . •. _ . - : I i : • , . i ! • )4 „ . I - _ - . , : i 4\115 • .22 sw 10 li a'pi•q YV14 . IL 51 41:Pie g.. 45 : . • t I ,.. ,, / / ,.. • Shakopee. • ; i 11S 22 w 10 % %NW "'NW la .n.-7`.7fc4 (47 ill: ,. . . • . . . - I . . -- • ; i i . I . . I i • • : i N W li, X - . , • • . . - • I ! 1 ! • • I S. tflid.saw addtat* Part of lot 1 :b1ock2; vally park eleventh addit.4.0Shakopes ill : :Shamah(iinach dew,icSen471w.414•••Iiart* by tirikime Wri maibirar anal IFteludis 41tiona• $"!: 55':379: . C. 1 1 .. • , • ..2. to ci,....6,...sea oat weir-. a•seinel•a•••lehrwah•iteneFOAS21.4Yeat Or WO WA QC&cdbahtta fetrocai latereNartUnc ird diassiter,wag%ivatymit. . I Addy 0....04.4,lir vta4 tear eat.'eaaleat RleteNti.reataateria Marti eff owl.god teel•-•eatio•af•1•14.1toi Otata4C Ilanlorde .. I _ _i_ . 0 demalt lit Ira ete el.00kem Witt&*cobalt the khrerit4 lahbmigaiaeg we saptaftefileat qrf WitY Om w1 again;war+tanedearm itfi104 ilia.; 0440,01.•Mgr shogetri the ••i.e•at tee sarlomme4 oral ofthry•••••4 se a fefaarneat lataarat at paperer btateieflia..afie allie-teaitail diliftest Yf VP, Welt No avid*641. : i . . I I lyeet.i. CONTRA CTON N,Une 'Rear,grv,pn-rast.t.f.1.1., Inc. • : neg. or Ijo.No.: •2,053# • • *! Contact person . - '-_, _ Al C_ 4 gtC_ ; ' r' NOW a79.,!11;.21: . ., : . II CONSULTAIT: Piernel: 1.1.AL....._....._______1-ESE:141Aa-VbctAlits.ina" - • Mail No.gi 7 L.....5S1=1.142.1,.........L •:. III wal°v./NE& Hyena' AD C TeleO0111211.111iCatiOnS• Inc. Ber-nick :Wenzel • .• Oontact Person - • : • .• • Wig ow*e nnaang 1K61111S 49 p0ReAS,..../giN 55435! 1611)946-39:6 dier awe Mt Ore :, Phew!fa. II PROOOrtY 0W1 $: Wane ysLiar.y....Sa-Arja jgalthicai_pogrjc. Oonteot'person Jotl. ii.3.)iAl.ii•son • Prowart); ownereicktre ! 5240 Vallay Industrial Blvd. S. shakOpee, fel. ;$537$ (612)44 I 4 : ...... ....:. Me ler ,: Oi..•No. . .9286 11111.. Ps via 0...l.*wow)1s niet Oa irrpitet,swoon Ltda••••••Ilamemee.oceeireittl-tOt..144.0.0'Awl mik!mown may P4mai eariVINAq i You•IP•44 esiot ala the. • : : - saa4441.1.***4**,+IN al****, r tf itia*.Pkrfre Ire 114441 IM-.-414 tli .a1041‘046.44Ork wag gismo f slaw•ilyNts.•imiirmw1t1 UM(1040161"%kb PAM' 4oli is&norse,:mau, ..Imeahtere irriaatewan••wrath.seed f••aealaq OA Or hieNCtit wit. N ih•*mown•vona.Ithioda In MO Via afaasOlaa.l*lit'Amil tooea! I • er•y,h1i ea •t 44 imi•;••••iieraearet.Baru lie wilted thd w 114 at the laieterale41••panataie h.+ e maaielat itairmes•+e p•••40ei •et•••14'Oee mg.!' IFt.:=.4 14,4#.1,1,4 itolug tri .A.,101,•••„.100d•••Oen hoe ha••••••••owei fw•lasteda•talrearre Ortate ibr4 h.imams Ike areal hi eatealtar reell - - Naivete.Ciater 1041.24*ea i•Aiv .. . , ! j : . • • . • • i • - Arone -.. " a1pert, ov.enies 4r Adefft Sign 01r., / :Wen Own13 ert 4;1 ,e 17tUt- ifitt , 71, i i ;- • IIa watt um is**beas Ii•s44.1 ht: a#41401•ft14 Ina ed gralliiTem 1 aaaltafia4ii 4.101 Wieereamene ert ewe:may s•4•..•to,!..4.1 amt etlitaime as :4•••••••tfteha•••••....Welt••••••"•wairahaolna last doerses.....s. .- ••••••••Ash ' 41•••••,...th•yuolais... • • • I 1 / .40 i 01,14.el or Ps; tetrad Clontvactbr S4ianctsto _Arogidrigir _ e_.: A.,...,,,,4„..., Om . Ar 1 • . i.---- ___ .. • • ram.rilaslimitromliblt • *Ng tee ll ad Pa Mho 0 POO*aftirIP44 Walt VA."11.0114116 Ali.=.4erfa woe•••;•-••%••42.,t••',diming, •411haPeraaqi aimmilik . 1034.and*at/ram&IN Ow emeacaNamet at sae seankiraltd•Patelttf. ! •__. - - - • —.. LL LOCATION MINNESOTA DEPARTMENT OF HEALTH nryName WELL AND BORING RECORD MINNESOTA UNIQUE WELL NO. • Minnesota Statutes Chapter 1031 5 7 9 4 E 6 111 Township No. Range No. Section No. Fraction WELL DEPTH(completed) e _ ^ h Date Work Completed cr D- r. I , n House Number.Street Name,City,and Zip Code of Well Location Wr, a �/ •� or Fire Number DRILLING METHOD 1 lc .c 0 Cable Tool 0 Driven w exact location of well in section grid with•X'. uger ❑ Dug etch map of well location. ❑ I-Rotary 0 Jetted Show ng Property Gnes, N roads and buildings. DRILLING FLUID _ t i 0 LT�6Lt�C{C 11 -i` -_ir-' -'i' ''- I y4 w. "'� 06 t° -I ` Jt:;J 1---� USE ❑ Domestic ❑Irrigation CASINGDrive Shoe? 1,<Sreel 0 Plastic ❑ Threaded Qr�Monitoring 0❑ComYemsuni�PWoS 0 Heating/Cooling 0 Industry/Commercial❑ Noncommunity PWS Remedial HOLE()LAM. 9eldedD Test Wellt ti E ® ❑ Dewatering Goc II -i -'- _ _ - IL S JF______,..-----q i P PERT(YrOWNER'S NAME CASING DIAMETER q WEIGHT( Q �} /► • •LIfY C`�. . / --.�.__in.to 1 ft _ { V ! / 21 1 N 1 �1 e SS � 4 / �` lbs./ft In.to,� ..fit. Property owner's ailing address if different than well location address indicated above. in,to ft in.to Ibam. L .In.to ', It:ji 0 "v <<C y Tr.a A ti 6.r a“ IbsJn. 12..�.to_SEQ ft. to Q tea- LV D�- SCREEN OPEN HOLE 1 t N S T from- �.4 _n.to�b n. Make G S `� / SIoVGauze Lengt Length Set between. _n and ft. FITTINGS: WELL OWNER'S NAME STATIC WATER LEVEL ft dCtTelow 0 above land surface Date measured____Y_::- y_j - (.2 C i. (AIV(( 4j i.0 NS W- ner's mailing address if different than property owner's address indicated above. PUMPING LEVEL(below land surface) ft. after hrs.pumping 0 O W 9.s (.416 S-- g.G.•(-- WELL HEAD COMPLETION rig p m V O W1(}�'�-� 1 M .; — 0 Pitless adapter manufacturer Model 'Lasing Protection S`S T,1.S O At grade(Environmental Wells and Borings ONLY) 2 above grade GROUTING INFORMATION Well grouteC Yes:- �� "LOGICAL MATERIALS COLOR HARDNESS OF ❑ No MATERIAL FROM TO Grout Material 19cNeat cement 0 Ben0 Concrete 0 High Solids Bentonnri ', H rti E 0. from_r.).___to n. �1 --eF-`- ❑ Yda•ibags iik r • •• from to ft. 0_nipj from to ft. yds. Q bags .• .ll NEAREST KNOWN SOURCE OF CONTAMINATION 0 yda. 0 bags ' ID 0 OSE 4 feet UM_Mall Well disinfected upon ___._.____=direction A� completion? 0 Yes (�tco L�'�',C'S .tW 2i PUMP _■rl installed Date installed Manufacturer's name (� _�■■ Model number HP Volts Length of drop pipe n Capacity I i PressureTank Casacity -- -- - ---g•P.m. ■■ Type W • . Tank ❑ LS.Turbine ❑ ReeproGng 0 Jet 0 II __■■ ABANDONED WELLS I Does property have any not in use and not sealed well(s)? 0 Yes No 'I t ¢c __■ VARIANCE Was a variance granted from the MOH for this well? 'Ili '} ❑ Yes C3 No j I� _■■ WELL CONTRACTOR CERTIFICATION Use a second sheet,if needed i :MARKS,ELEVATION,SOURCE OF DATA etc. This well was drilled under my supervision and in accordance with Minnesota Rules,Chapter 4725. I The information contained in this report is true to the best of my knowledge. lisig(7Q S•cgOS _ I �•-G. - n cif C� �r.0 -7n � Q i Licensee Busyness Name Lia or Reg.No. GCC.._ i.. : !-w1p-.a -16"' 6 1 yy I / Authorized Represen ,ve Signature f Date l _ _ 5 7 ° 4 6 6 Name o/Drifter Date HE-01205-05(Rev.1/95) i. 1 II 1LL LOCATION MINNESOTA DEPARTMENT OF HEALTH MINNESOTA UNIQUE WEWELLLLELCNo. AND BORING RECORD County NameI Jtsc O Minnesota Statutes Chapter 103/ 5 7 9 4 6 7ship Name Township No. Range No. Section No. Fraction }s WELL DEPTH(completed) Date Work Completed ' er 1 lS- a�: (o L�o a. House Numb StreeeName,City,and Zip Code of Well Location ,Nu b L7 o �(� �-1 /� or Fire Number �DRILLING METHOD 46- �Ugd1�� 1'1�4C5trCQ* (� Q�2J/tRl/`O 0ilk-AugerbT� 0 Driven 0 Dug I w exact location of Well in section grid with'X'. Sk tch map of well location. Oc otary 0 Jetted a. Showing property lines,• ❑ 0 roads and brddings. DRILLING FLUID N ` r I zu.,k. a�+. 7 .� A; Ix I I O USE r r r 0 Domestic Orteon toning 0 Heating/Cooling --r---J---L---~- ❑Community PWS w I II fI 0 Irrigation ❑ Industry/Commercial r E I Q ❑ Test Well 0 Noncommunity PWS ❑ Remedial --:---4--- _'_r- ❑Dewatering 0 III 'Ii""'. LL CASING Drive Shoe? 0 Yes o _-i --J---1----- t. LLHOLE DIAM. I v ,� ate - 0 Threaded I 'Welded —� g ® M w-a i ❑ Plastic ❑CASING DIAMETERI 101_-- PERTY OWNER'S NAME ,^ WEIGH�T•7 G '7 `� n Co in.to OV ft. ( l1. ( IbsJft. I ,i.SW. Via Lcip.,/ C--iapcNJ hik4�/PSZ )4(L<< m.to in.to f bs l(t. „��fL Ry owner's',tailing address Rdifferent than well location address indicated above. in•to ft. m.to I'o Y wit_ r� lbs./ft. in.to ft. 't R .L,,,,9„Ad (Cm L BLV o.s.Ire SCREEN I OPEN HOLE Make from 0.0 ftto 14 u ft. Sit a/cOper .M1 SypeSS 379 Slot/Gauze Length Set between ft.and ft. FITTINGS: STATIC WATER LEVEL ILL OWNER'S NAME 4-;y I b j 1,3 ><•CXSebw 0 above land surface Date measured Dr. C Gm mu K f�!d 4-f O&t( PUMPING LEVEL(below land surface) owner's mailing address if different than property owner's address indicated above. ft. after hrs.pumping g.p.m. q a Wes+ -7 644 S402ACI- WELLHEADCOMPLETION 1144 ❑ PiUess adapter manufacturer Model LO 0. M k 1 c-- 4 1 Casing Protection (A..1.2 in.above grade S _ ❑At-grade(Environmental Wells and Borings ONLY) S� J V 3 3 GROUTING INFORMATION Well grouted? jJTYes 0 No IEOLOGICAL MATERIALS COLOR HARDNESS OF FROM TO Grout Material Prf5eat cement ❑ Bentonite 0 Concrete 0 High Solids Bentonite MATERIAL �1 (. from_ p[to O fL 0 ydsRcbags `'O C4_ \ g (�_p Q - Sf 7 from to ft 0 yds. 0 bags 4 /T.S from to ft. 0 yds. 0 bags NEAREST KNOWN SOURCE OF CONTAMINATION LW1 P sop N'e..._- 12.S 'La feet direction type • Well disinfected upon completion? 0 Yes jfr-No I _ PUMP I - f8'Not installed Date Installed Manufacturer's name Model number HP Volts Length of drop pipe ft. Capacity Pressure Tank Capacity g.p.m. Type: 0 Submersible 0 LS.Turbine ❑ Reciprocating 0 Jet 0 I ABANDONED WELLS Does property have any not in use and not sealed well(s)? 0 Yes ¢YNo VARIANCE i Was a variance granted from the MDH for this well? 0 Yes pe-No WELL CONTRACTOR CERTIFICATION Use a second sheet,if needed This well was drilled under my supervision and in accordance with Minnesota Rules.Chapter 4725. R RKS,ELEVATION,SOURCE OF DATA,etc. The information contained in this report is true to the best of my knowledge. iroruk94r 5-gps- RFe 6,-.. nN-C (asw << a�nsq Licensee Business Name f ic.or Reg.No. I e/9)-t1�.� ??4,-1-11--f } -`9s-to —ClAudwrized Aepreslive Signature Date _ _ GLe.AL {.(, N , Q_ S N -to—?(, v k ;- ' ',Al! - `" _`P 5 7 9 4 6 7 Name of Chiller Date HE-01205-05(Rev.V95) ELL LOCATION MINNESOTA DEPARTMENT OF HEALTH MINNESOTA UNIQUE WELL NO. County Name WELL AND BORING RECORD cc a 4- {- Minnesota Statutes Chapter 1031 I 5 7 9 4 6 8 I wnship Name Township No. Range No. Section No. Fraction WELL DEPTH(completed) Date Work Completed stiAka QE (1-S a`a 1a rt. ! r.�uGbe()( 0 5_ _� House Num*. Street Name.(City,and Zip Code of WellpLocation or Fire Number DRILLING METHOD I I -" tlz-PA;t XYZ(( A`f i�� -VMO ❑Cable Tool O Driven ❑ Dug w exact location of well in section grid with o uger Rotary ❑ Jetted g S etch map of well location. LC,- Showing property lines. N P roads uildings. DRILLING FLUID 1 , , , r Loc k r r id1K r r ' USE --Lr r r ❑ Domestic L`70fonitoring 0 Heating/Cooling --J----L---L- w i ET T Q 0 Irrigation ❑Community PWS 1] Industry/Cornmerciat 1 I O Test Well 0 Noncommunity PWS ❑ Remedial t r ❑ Dewatering r CASING ' ' 'I;�"" -y 3 G L Drive Shoe? ❑Yes p.iJo HOLE OL4M. �'--i---i'-'--' 1 J _Li. Steel CI Threaded �tWelded . S ❑ Plastic p OPERTY OWNER'S NAME 6CASINGcDIAMETER WEIGHT a v in.is 3'�. ft. 1 Q.1 ri lbs.rtt. in.to31_ft Vi4t-'-L(�'�( .4.. t..) 6CtSrNCCS_.�ar..}/Ce_ in.to ft. Ibsen rpt -owner's making`1address if different than well location address indicated above. in.ton n.to 3 a' 1 ft. bsJK. �0 in.to��ft. 0 0 i—L,/y .3 N 0kS*-(t(t1 < ei;,,D. S SCREEN OPEN HOLE v� S k h k o\ E F. f ` Make l from 3 dam. h.to 1746 ft. I Type Diam. i SS'3 79 Slot/Gauze Length Set between Rand ft. FITTINGS: LL OWNER'S NAME STATIC WATER LEVEL w 3 S.-- PUMPING tt.j�below ❑above land surface Date measured .S ��"Y�. IM N it, C(��(O 41 PUMPING LEVEL(below land surface) I owner's mailing address if different than property owner's address indicated above. N �^Q `" J` / Li 1L akar hrs.pumping ii "� W s,4- -7 6 4-4 S R TP�-T g.p.m. - / WELL HEAD COMPLETION t.Q 0 I 1 ❑ Pittess adapter manufacturer M� fa:Casing Protection e02 in.above grade S0 At-grade(Environmental Wells and Borings ONLY) r 3 J GROUTING INFORMATION Well grouted? ❑Yes ❑No GEOLOGICAL MATERIALS COLOR HARDNESS OF FROM TO Grout Material Meat cement CI Bentonite ❑Concrete ❑High Solids Bentonite MATERIAL from 0 to_2_2_ft 3 I ❑ yds.E-bags W F \ A Afrom to ft. ❑ yds. ❑ bags (� 1e N LOOS, o S from to ft. 0 yds. 0 bags //'� /� NEAREST KNOWN SOURCE OF CONTAMINATION A N (`_\ C i2 by LV los li 4 S 3( feet direction nye Welt disinfected upon completion? ❑ Yes MOO'-4tt Sid A e_, 3! 4-() PUMP 4ttot installed Date installed Manufacturer's name Model number HP Volts Length of drop pipe ft. Capacity g.p.m. Pressure Tank Capacity Type: ❑ Submersible 0 LS.Turbine ❑ Reciprocating 0 Jet 0 I - ABANDONED WELLS Does property have any not in use and not sealed well(s)? 0 Yes Cticida VARIANCE I Was a variance granted from the MOH for this well? ❑Yes oto WELL CONTRACTOR CERTIFICATION Use a second sheet,it needed This well was drilled under my supervision and in accordance with Minnesota Rules.Chapter 4725. R RKS,ELEVATION,SOURCE OF DATA,etc. The information contained in this report is true to the best of my knowledge. goy gr, Call-Ct.-a' s,, PLC- Licensee Business NameLie.or Reg No. ! I 1 „7.0,,Ainz,,,,z 241,21-4-4 Authorized Represent.' • Nro6 • Date - _ C Le( w L 11444-tt S- 1 1....„„ F 5 - N c�—�� c 9 4 6 8 Name Dare HE-01205-05(Rev.1/95) II WELL LOCATION MINNESOTA DEPARTMENT OF HEALTH MINNESOTA UNIQUE WELL NO. tyName WELL AND BORING RECORD ISc O 4- Minnesota Statutes Chapter 1031 5 7 9 '� 9 township Name Township N_. Range No. Section No. Fraction WELL DEPTH(completed) Date Work Completed K �k E Vi S— �a �a ,k)G-1 Pc%) - —y c se Num r,Street Name.City,and Zip Code of Well Location or Fire Number DRILLING METHOD I ��f. dQARfI p1 4Ce- I Clea A ❑ Cable Tod ❑ Driven ❑Dug s W ,L6+ ) g L�Auger rotary O Jetted Show exact location of well in section grid with'X. Sketch map of well location. ❑ Showing property lines, Aue/ roads and bu in s. DRILLING FLUID t� c " _ N gLoct l i it y USE GrMonitoring 0 Heating/Cooling ___a_- _ JS 0 Domestic : ❑Community PW$W elded 0 Industry/Commercial lC 0 Irrigation n t ❑ Noncommunity ❑Remedial I ,w I E y 0 Test Well i 1^w_T ® V . a 0 I CASINGSteel =s Drive Shoe? ❑YesNo ❑ Threaded HOLE DIAM.,� 3I i ❑ Plastic 0i g 1 F______,,.... I .> CASINGrDIAMETER WEIGHT q PROPERTY OWNER'S- NAMEn� (� �/ 6 in.to •S ft. 143. 1 1 Ibs./R it(in.to 3'3`n, Io, P C GN q N S,M s S RA Q.k in.to f. IbsJft. ( n.to.37'n. Irty owner's Mailing address if different than well location address indicated above. in.to ft. lbs./ft COtin.to �t. Sa-1O V 1All�t,/ Z-h1OL.LS+pi141 6LV0.S. SCREEN OPENHOLE� ft.to ft 1 �^ Make horn 144� S k h V Fire tt-k o Type Diam. _ SloVGauze Length ST 371 Set between ft.and ft. FITTINGS: STATIC WATER LEVEL ILL OWNER'S NAME 1' 3 Cl ft. *wow 0 above land surface Date measured S—t�y 6 A b(. C .(M GW C (•l tke C(A JO f)S PUMPING LEVEL(below land surface) Well owner'sr`mailing address if different than properly owner's address indicated above. n. atter hrs.pumping g.p,m, ILf 1 V 0 w Cst 16 4-k isi- WELL HEAD COMPLETION Bio O hi(N(-I-xi / N 0 Pitless adapter manufacturer Model t /� Cas ng Protection ,(r12 in.above grade Ili S Ste(/� 0 At-grade(Environmental Wells and Borings ONLY) T GROUTING INFORMATION Well grouted? C9ri es 0 No 'GEOLOGICAL MATERIALS COLOR HARDNESS OF FROM TO Grout Material pr Neat cement 0 Bentonite 0 Concrete 0 High Solids Bentonite MATERIAL from_to 3 C f ft. 3 S ❑ yds. bags 4 � from to ft. 0 yds.0 bags I A #.40#.40 (r", '\) _L/-{2 O S ' 0 3 I from to n. 0 yds. 0 bags NEAREST KNOWN SOURCE OF CONTAMINATION aiLL/Vyke S,1_ 61 R____ 1 _tl(,f feet direction type �Q • J Well disinfected upon completion? 0 Yes Cficklo PUMP ' Not installed Date installed Manufacturers name 11111 Model number HP Volts Length of drop pipe ft. Capacity g.p.m. Pressure Tank Capacity 101 . Type: 0 Submersible 0 L.S.Turbine 0 Reciprocating 0 Jet 0 ABANDONED WELLS Does property have any not in use and not sealed well(s)? 0 Yes I) 'lo VARIANCE ii . Was a variance granted from the MOH for this well? 0 Yes a4o WELL CONTRACTOR CERTIFICATION • Use a second sheet it needed This well was drilled under my supervision and in accordance with Minnesota Rules,Chapter 4725. ii EMARKS,ELEVATION,SOURCE OF DATA.etC. The information contained in this report is true to the best of my knowledge. • - '4"..k-S.: !�' ri S� 3 ;IPA.E-f:x<dl.I''-C•14SWELC- .2705 icensee Business Name tic.or Req.No. Ili/ ,,,,,,,,4 JP_ Authorized Represent iv Signature Date :R O 1;,4', it "I �fill , : _ --_ _ Name of Driller Date _ 5 7 9 4 6 9HE-01205-05(Rev.195) I ' B.A. LIESCH ASSOCIATES BOREHOLE NO: MW-1 PAGE 2 OF 2 PROJECT:ADC-Galbreath LOCATION: NW 1/4 of Property DRILLING CONTRACTOR: Bergerson-Caswell DRILLING EQUIP: PECH HSA/Air Rotary 1 I LOGGED BY: DJL DRILLER: Glen Holmen DATE START: 4/25/96 DATE FINISHED 4/30/96 SURFACE ELEV: 0.00 E.O.B. (FT.): 0.0 IIDRILLING SAMPLE GEOLOGIC LOG OVM Sampl i ng Data Y � Description of Material Method - Blow Counts I I DEPTH Surface Elevation USCS Other (FT) Interval PPM Time I A R 1 2 3 4 N I I - Bedrock 27'- 10" to 28.5 ft - 4/30/96 28.5-40.0 Buff and brown dolomite I �30 -wet to 32 ft. water a +- 31 ft. interbedded silts - 1 I - EOB-40' a 11:10 1135 Ii : I1 -40 1I 11145 1 i - -50 11 1 I N 4/30 11:40 water a 37' 0 12:25 33 ft. jI S maw: SA/61745/MW1a.wk1 11 1 B.A. LIESCH ASSOCIATES BOREHOLE NO: MW-2 PAGE 1 OF 1 PROJECT:ADC-Galbreath LOCATION: SW 1/4 of property DRILLING CONTRACTOR: Bergerson-Caswell DRILLING EQUIP: PECH HSA/Air Rotary LOGGED BY: DJL DRILLER: Glen Holmen DATE START: 4/26/96 DATE FINISHED 4/30/96 SURFACE ELEV: 0.00 E.O.B. (FT.): 0.0 DRILLING SAMPLE GEOLOGIC LOG OVM Sampling Data Description of Material Method - Blow Counts 'EPTH Surface Elevation USCS Other (FT) Interval PPM Time I A R 1 2 3 4 N 4.0-5.3 fine to medium brown sand SP 4-6 5 9:50 2 1.3 4 4 4 4 --5 9.0-10.3 fine to medium multicolored SP 9-11 3 10:00 3 1.3 2 2 2 2 - sand --10 - 14.0 -15.3 fire to medium multicolored sand SP 14-16 5 10:10 2 1.3 4 4 4 4 - 14.0 - 15.3 fine-medium multicolored sand more fires --15 --4/30/96---- - 6" air rotary 20.0-40.0 buff, dark gray and brown dolomite --20 abundant fines water a 30 ft. EOB 40 ft --25 Note: Much comer today 40 F for headspace runs 0 6" casing 7 ft to 20 ft I maw: SA/61745f .2.wk1 I ill B.A. LIESCH ASSOCIATES BOREHOLE NO: MW-3 PAGE 1 OF 2 1111 PROJECT:ADC-Galbreath LOCATION: SE 1/4 of Property DRILLING CONTRACTOR: Bergerson-Caswell DRILLING EQUIP: PECH HSA/Air Rotary 1111 LOGGED BY: DJL DRILLER: Glen Holmen DATE START: 4/26/96 DATE FINISHED 5/1/96 SURFACE ELEV: 0.00 E.O.B. (FT.): 0.0 ' DRILLING SAMPLE GEOLOGIC LOG il OVM Sampl i ng Data Description of Material ^ II - Blow Counts DEPTH Surface Elevation USCS Other (FT) Interval PPM Time T A R 1 2 3 4 N Ill 4.0- 5.7 fine brown silty sand, wet SP 4-6 5 2:05 2 1.7 3 3 4 4 II " ' - 9.0-10.6 fine to medium multicolored SP 9-11 5 2:15 2 1.6 2 2 2 2 11sand 1111 --10 all 14.0 -15.3 fine to medium multicolored sand SP 14-16 6 2:25 2 1.3 4 4 4 4 II - 14.0 - 15.3 fine-medium multicolored sand more fines II --15 1111 - 19.0- 20.1 fine to medium multicolor sand SP 19-21 9 2:35 2 1.1 2 2 3 3 I . --20 1111 - 24.0-25.4 fine to medium multicolored sand SP 24-26 10 2:50 2 1.4 2 2 3 4 29.0 -30.2 fine to medium SP 29-31 11 3:00 2 1.2 4 5 20 20 ' --25 multicolor sand & limestone bedrock 4/28 air rotary 29-32 ft N 0 EOB 40' ill maw: SA/61745/MW3.wk1 1 11 II B.A. LIESCH ASSOCIATES BOREHOLE.NO: MW-3 PAGE 2 OF 2 ILOCATION: SE 1/4 of Property DRILLING CONTRACTOR: Bergerson-Caswell DRILLING EQUIP: PECH HSA/Air Rotary II LOGGED BY: DJL DRILLER: Glen Holmen DATE START: 4/26/96 DATE FINISHED 5/1/96 SURFACE ELEV: 0.00 E.O.B. (FT.): 0.0 DRILLING SAMPLE GEOLOGIC LOG OVM Description of Material S a m p l i n g D a t a Method - Blow Counts I DEPTH Surface Elevation USCS Other (FT) Interval PPM Time T A R 1 2 3 4 N - 32.0- 40 II buff and brown dolomite, some fines EOB 401 II --35 1 1 . JI40 II :.45 1 - --50 I : 1 11 3:00 2 1.2 4 5. 20 20 i.55 maw: SA/61745/MW3a.wk1 1 B.A. LIESCH ASSOCIATES BOREHOLE NO: MW-4 PAGE 1 OF 2 PROJECT:ADC-Galbreath LOCATION: NE 1/4 Property DRILLING CONTRACTOR: Bergerson-Caswell DRILLING EQUIP: PECH HSA/Air Rotary LOGGED BY: DJL DRILLER: Glen Holmen DATE START: 4/29/96 DATE FINISHED 5/1/96 SURFACE ELEV: 0.00 E.O.B. (FT.): 0.0 DRILLING SAMPLE GEOLOGIC LOG OVM Sampling Data Description of Material Method - Blow Counts DEPTH Surface Elevation USCS Other (FT) Interval PPM Time I A R 1 2 3 4 N 4.0- 5.5 fine brown silty sand, SM 4-6 8 12:45 2 1.5 1 2 2 2 damp -5 9.0-10.8 fine brown silty sand, SM 9-11 7 12:50 2 1.8 2 2 2 2 damp --10 14.0 -15.7 fine brown silty sand damp SM 14-16 6 1:00 2 1.7 1 1 2 2 --15 I19.0- 20.6 fine to medium multicolor sand SP 19-21 9 1:10 2 1.6 3 2 2 2 --20 24.0-25.3 fine to medium multicolored sand SP 24-26 15 1:20 2 1.3 2 2 2 2 29.0-29.8 fine to medium multicolor sand SP 29-31 6 1:30 2 1.4 2 2 3 3 29.8-30.4 fine multicolored sand SP --25 Bedrock is 32* cuttings wet Note: headspace temp 55 F 0 set casing to 33 ft T 2:45 no water in boring - S maw: SA/61745/MW4.wk1 II B.A. LIESCH ASSOCIATES BOREHOLE NO: MW-4 PAGE 2 OF 2 ' PROJECT:ADC-Galbreath LOCATION: NE 1/4 Property DRILLING CONTRACTOR: Bergerson-Caswell DRILLING EQUIP: PECH HSA/Air Rotary ' LOGGED BY: DJL DRILLER: Glen Holmen DATE START: 4/29/96 DATE FINISHED 5/1/96 SURFACE ELEV: 0.00 E.O.B. (FT.): 0.0 A' DRILLING SAMPLE GEOLOGIC LOG 11 c OVM Sampling Data Description of Material Method - Blow Counts 11' DEPTH Surface Elevation USCS Other (FT) Interval PPM Time I A R 1 2 3 4 R ----- ---- ---- ----- ---- ---- ---- ---- ---- - 33.0-44 buff and brown dolomite with some fines 1111 - EOB 44' ill --5 ill --10 --15 1111 OP --20 11111 dll - --25 N 0 1111 E maw: SA/61745/MW4a.wk1 i/30/96 17:11 FAX 6122985287 DTEDrZ 002 . A. Tp.,...SkND ECONOMIC:DtVELOPMENT :v't'gonu 0;: :IS • • 500 Mew Syuate .,;. E i 121 7th Pim:*Esct 4;1 Saint 1'aid.:'Ennesots 55101.2146 USA . vat's'. September 30, 1996 Mr. Robert E. Switz Vice President and Chief Financial Officer ADC Telecommunications 4900 West 78th Street Minneapolis,MN 55435 Dear Mr. Switz: I am writing in response to your letter of today, regarding ADC Telecommunications' potential expansion in Shakopee. Minnesota and the Department of Trade and Economic Development are very enthusiastic about assisting with your growth. It is our understanding that a substantial number of new positions are anticipated with this growth in Shakopee. Based on the information provided thus tar,it is likely that DTED could provide financial assistance in the form.of a loan to ADC, front the Minnesota Investment Fund,for expenses related to equipment costs. Although an exact loan amount or request has not been determined, we fed confident that if the following job and wage goals are agreeable, we would provide up to S 250,000 once a fundable application has been submitted. Our intent to make this loan is conditioned on the expectation that ADC would retain their existing employment levels and would create at Ieast 75 new jobs, and that wages for the newly-created jobs will pay at least$10/hour, excluding benefits. ADC would have two years in which to meet the job and wage goals. We are very supportive of ADC Telecommunications' desire to expand in Minnesota. If you have any questions, please contact Jeffrey Ra_eth, s .' ty Commissioner, at 612/296-4039. Si ,y, i VP -f- .,.r-� Nov; ommissioner c: Jeffrey Rageth, DTED • Roger Guenette, Advance Resources Mark McNeil, Shakopee City Administrator • 10121 7-1291 (8011)657-3$;8 TTY/TDO(612)282.6142 An Equal Opportunity Employer FAX(612)296-1290 LETTER OF INTENT BETWEEN ADC TELECOMMUNICATIONS, INC. AND THE CITY OF SHAKOPEE, MINNESOTA WHEREAS ADC Telecommunications, Inc. is a private company incorporated within the State of Minnesota (hereinafter referred to as "ADC") with offices at 4900 West 78th Street, Minneapolis, Minnesota 55435 and is proposing to undertake a 280,000 SF manufacturing expansion at an estimated cost of $24 million in Valley Green Industrial Park in Shakopee, Minnesota (hereinafter referred to as the "Project"); WHEREAS the City of Shakopee, Minnesota is a corporate body politic incorporated under the laws of the State of Minnesota(hereinafter referred to as the "City") with offices at 129 Holmes Street South, Shakopee, Minnesota 55379-1376 and is proposing to assist the Project to be undertaken by ADC through the provision of financing incentives; WHEREAS the City and ADC intend to negotiate the terms of a development contract setting forth the terms under which the City, through its Economic Development Authority, will provide financial incentives to ADC; WHEREAS the parties desire to enter into this Letter of Intent setting forth the general terms that will be negotiated as part of the development contract; NOW THEREFORE the City and ADC hereby mutually agree to negotiate in good faith the terms of a development contract containing the following general terms: l.J' ADC will initiate the Project in 1996 and complete the Project by December 31, 1997. 0 ADC will employ 570 persons at the Project site immediately upon completion of the Project and will create an additional 75 jobs within 2 years following the date of completion of the Project. ADC will agree and stipulate that the minimum estimated market value of the Project upon completion will be $9,200,000. This agreement will remain in effect over the duration of the incentive financing to be provided by the City. C) The City, through its Economic Development Authority, will provide an annual contribution of $95,000/year to be paid in semi-annual installments of $47,500 each beginning in 1999 through 2004, both inclusive. A condition of these payments is the timely payment by ADC of at least $95,000/year in the City's JJT110915 SH155-17 1 share of real estate tax payments by ADC as a result of the Project being developed. If ADC pays real taxes in a lesser amount, the City will make a pro rata reduction in its annual contribution to ADC. 5. The City or its EDA will apply for a grant, of at least $250,000, from the Minnesota Department of Trade and Economic Development to be used in support of the Project. Upon receipt of these grant proceeds, the City will provide a loan to ADC in the amount equal to the grant award. The terms of the loan will be 0% interest, 5 year straight line amortization commencing in 1999; furthermore, the City will forgive the loan repayment each year that ADC documents a minimum of 645 jobs at the Project site. 6. \ADC's obligation to enter into the development contract,will be contingent upon `ADC obtaining an incentive financing commitment of$1,140,000 ($190,000/year `'over 6 years, commencing in 1999) from Scott County, Minnesota. 7. The City's obligation to enter into the development contract will be contingent upon ratification by the City's Economic Development Authority and approval of all necessary permits and licenses required for beginning construction of the Project. 8. 'ADC and the City will execute a Development Contract prior to November 15, X1996, setting forth the terms and conditions of the agreement between the parties. The Development Contract may be combined with a similar contract to be entered into between ADC and Scott County. By the signature below ADC and the City mutually agree to the terms and conditions identified herein this 1st day of October, 1996. ADC Telecommunications, Inc.: \.City of Shakopee: Jeff Henderson, Mayor Mark McNeill, City Administrator JJT110915 2 SH15S-17 LETTER OF INTENT BETWEEN ADC TELECOMMUNICATIONS, INC. AND THE CITY OF SHAKOPEE, MINNESOTA WHEREAS ADC Telecommunications, Inc. is a private company incorporated within the State of Minnesota (hereinafter referred to as "ADC") with offices at 4900 West 78th Street, Minneapolis, Minnesota 55435 and is proposing to undertake a 280,000 SF manufacturing expansion at an estimated cost of $24 million in Valley Green Industrial Park in Shakopee, Minnesota (hereinafter referred to as the "Project"); WHEREAS the City of Shakopee, Minnesota is a corporate body politic incorporated under the laws of the State of Minnesota(hereinafter referred to as the "City") with offices at 129 Holmes Street South, Shakopee, Minnesota 55379-1376 and is proposing to assist the Project to be undertaken by ADC through the provision of financing incentives; WHEREAS the City and ADC intend to negotiate the terms of a development contract setting forth the terms under which the City, through its Economic Development Authority, will provide financial incentives to ADC; WHEREAS the parties desire to enter into this Letter of Intent setting forth the general terms that will be negotiated as part of the development contract; NOW THEREFORE the City and ADC hereby mutually agree to negotiate in good faith the terms of a development contract containing the following general terms: 1. ADC will initiate the Project in 1996 and complete the Project by December 31, 1997. 2. ADC will employ 570 persons at the Project site immediately upon completion of the Project and will create an additional 75 jobs within 2 years following the date , of completion of the Project. 3. ADC will agree and stipulate that the minimum estimated market value of the Project upon completion will be $9,200,000. This agreement will remain in effect over the duration of the incentive financing to be provided by the City. 4. The City. through its Economic Development Authority, will provide an annual contribution of $95,000/year to be paid in semi-annual installments of $47,500 each beginning in 1999 through 2004, both inclusive. A condition of these payments is the timely payment by ADC of at least $95,000/year in the City's JJT11091S SH1SS-17 1 • share of real estate tax payments by ADC as a result of the Project being developed. If ADC pays real taxes in a lesser amount, the City will make a pro rata reduction in its annual contribution to ADC. 5. The City or its EDA will apply for a grant, of at least $250,000, from the Minnesota Department of Trade and Economic Development to be used in support of the Project. Upon receipt of these grant proceeds, the City will provide a loan to ADC in the amount equal to the grant award. The terms of the loan will be 0% interest, 5 year straight line amortization commencing in 1999; furthermore, the City will forgive the loan repayment each year that ADC documents a minimum of 645 jobs at the Project site. 6. ADC's obligation to enter into the development contract will be contingent upon ADC obtaining an incentive financing commitment of$1,140,000 ($190,000/year over 6 years, commencing in 1999) from Scott County, Minnesota. 7. The City's obligation to enter into the development contract will be contingent upon ratification by the City's Economic Development Authority and approval of all necessary permits and licenses required for beginning construction of the Project. 8. ADC and the City will execute a Development Contract prior to November 15, 1996, setting forth the terms and conditions of the agreement between the parties. The Development Contract may be combined with a similar contract to be entered into between ADC and Scott County. By the signature below ADC and the City mutually agree to the terms and conditions identified herein this 1st day of October, 1996. ADC Telecommunications, Inc.: City of Shakopee: Jeff Henderson, Mayor Mark McNeill, City Administrator JJT110915 SH155-17 2 /0. 114 b CITY OF SHAKOPEE Memorandum TO: Mayor and City Council Mark McNeill, City Administrator FROM: R. Michael Leek, Acting Community Development Director SUBJECT: ADC Telecommunications, Inc.'s Request for Financial Assistance DATE: September 27, 1996 Introduction: Previously, the Council directed staff to proceed with negotiations with ADC to provide TIF assistance amounting to $1.5 million. Because of a substantial increase in the County Assessor's valuation of the property (i.e. from $4,000.00/acre to $27,900.00/acre) it became apparent that a TIF project would not provide that level of assistance. ADC is now requesting that the City commit to providing $1.5 million (present value) in financial assistance in whatever forms available by entering into a Memorandum of Understanding with ADC. The specific details of the assistance package would be worked out subsequently. Possible sources of funds identified include a short TIF project, DTED grant/loan funds and funds from the City's TIF pool. ADC has indicated that said commitment is necessary in order for the company to meet its target of breaking ground by October 10, 1996. The City's EDA reviewed the request at its meeting on September 25, 1996. It passed a motion indicating its support of the project and directing staff to examine the alternative sources of funding. Action Requested: ADC requests that the City offer and approve a motion to enter into a Memorandum of Understanding to provide ADC Telecommunications, Inc., with $1.5 million (present value) in financial assistance. - X R. Michael Leek Acting Community Development Director ADC.DOC/RML 1 CITY OF SHAKOPEE Memorandum TO: Mayor and City Council FROM: Mark McNeill, City Administrator SUBJECT: Excess TIF Revenues-ADC DATE: September 27, 1996 One of the cornerstones of the proposed incentive to ADC would be the potential offer of unencumbered excess TIF revenues from the K-Mart District. At the EDA meeting of September 25th, it was discussed that$1.13 million might be available. However,the $500,000 that is budgeted for"bypass drainage"pond work was found Thursday to already have been committed. If that was offered to ADC, it would create a deficit in the K-Mart TIF District of$500,000. I spoke with Park and Recreation Director Mark McQuillan about the potential that the remaining $630,000, currently earmarked for"park improvements",would not be available for parks should this happen. He indicated that the $630,000 was to be spent in a couple of years (according to the Capital Improvements Program) for the following: 1] Development of Huber Park. 2] Baseball Improvements (extension of sewer and water, modern rest rooms, etc. at Tahpah Park). So that the Park and Recreation Advisory Board is aware, we decided that they should be notified by memorandum that this will be on the City Council agenda Tuesday evening, and of the short time frame that ADC has for their decision. Otherwise, a memorandum of understanding is being prepared, and it is anticipated that at least a draft copy will be available Tuesday evening. Negotiations are continuing. Mark McNeill City Administrator MM:tw ) .Z . CITY OF SHAKOPEE Memorandum TO: Mayor& City Council Mark McNeill, City Administrator FROM: Bruce Loney,Public Works Director SUBJECT: 10th Avenue& Swift Street Bituminous Overlay Project No. 1996-10 DATE: October 1, 1996 INTRODUCTION: Attached is Resolution No. 4526, a resolution which accepts the bids and awards the contract for the bituminous overlay of 10th Avenue, from County State Aid 17 to Shakopee Avenue and Swift Street, from 10th Avenue to Shakopee Avenue, Project No. 1996-10. BACKGROUND: On July 16, 1996, City Council of Shakopee ordered the advertisement for bids on 10th Avenue storm sewer laterals and bituminous overlay for 10th Avenue, CSAH 17 to Shakopee Avenue and Swift Street, from 10th Avenue to Shakopee Avenue. On August 20, 1996, City Council adopted Resolution 4494, which accepted the bid of Penn Contracting, Inc. for the storm sewer laterals on 10th Avenue and Swift Street. Project No. 1996-10 is for the bituminous overlaying of these streets as part of the City's Pavement Preservation Program. On September 25, 1996, sealed bids were received and publicly opened for the bituminous overlay work. A total of six bids were received and are summarized in the attached resolution. The low bid was submitted by McNamara Contracting, Inc. of Rosemount, MN in the amount of $32,555.00. The engineering estimate for this portion of the project was approximately $35,000.00. If the Council awards this project, staff is also requesting that City Council authorize a contingency amount of 10% of the contract to cover minor change orders or quantity adjustments that may occur on the project. A 10% contingency amount is warranted due to the small contract amount with this project. • ALTERNATIVES: 1. Accept the low bid of $32,555.00 and adopt Resolution No. 4526, awarding the contract to McNamara Contracting, Inc. 2. Reject the low bid and award the bid to another bidder. 3. Reject all bids and rebid. 4. Authorize a 10% contingency amount for use by the City Engineer in authorizing change orders or quantity adjustments on this project. RECOMMENDATION: Staff recommends Alternative No.'s 1 and 4. ACTION REQUESTED: 1. Offer Resolution No. 4526, A Resolution Accepting Bids for Bituminous Overlay on 10th Avenue, from County State Aid Highway 17 to Shakopee Avenue and Swift Street, from 10th Avenue to Shakopee Avenue, Project No. 1996-10 and move its adoption. 2. Authorize a 10% contingency amount for use by the City Engineer in authorizing change orders or quantity adjustments on this project. Bruce Loney Public Works Director BL/pmp MEM4526 RESOLUTION NO. 4526 A Resolution Accepting Bids For Bituminous Overlay On 10th Avenue, From County State Aid Highway 17 To Shakopee Avenue; And Swift Street, From 10th Avenue To Shakopee Avenue Project No. 1996-10 WHEREAS, pursuant to an advertisement for bids for improving 10th Avenue, from County State Aid Highway (CSAH) 17 to Shakopee Avenue; and Swift Street, from 10th Avenue to Shakopee Avenue by bituminous overlaying, Project No. 1996-10, bids were received, opened and tabulated according to law, and the following bids were received complying with the advertisement: McNamara Contracting,Inc. $ 32,555.00 Midwest Asphalt,Inc. $ 32,740.00 Vi-Con,Inc. $ 33,710.00 Hardrives,Inc. $ 34,052.50 Lan Dar,Inc. $ 36,850.00 NW Asphalt,Inc. $ 37,682.50 AND WHEREAS, it appears that McNamara Contracting, Inc., 5001 160th Street West, Rosemount,MN 55068 is the lowest responsible bidder. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE,MINNESOTA: 1. The appropriate City officials are hereby authorized and directed to enter into a contract with McNamara Contracting, Inc., in the name of the City of Shakopee for the improvement of 10th Avenue, from CSAH 17 to Shakopee Avenue; and Swift Street, from 10th Avenue to Shakopee Avenue by bituminous overlaying, according to the plans and specifications therefore approved by the City Council and on file in the office of the City Clerk. 2. The City Clerk is hereby authorized and directed to return forthwith to all bidders the deposits made with their bids, except that the deposits of the successful bidder and the next lowest bidder shall be retained until a contract has been signed. of the session of the CityCouncilCity of Shakopee, Adopted in Minnesota,held this day of , 1996. Mayor of the City of Shakopee ATTEST: City Clerk l 2 . 6. ,b. CITY OF SHAKOPEE Memorandum TO: Mayor& City Council Mark McNeill, City Administrator FROM: Joel Rutherford,Assistant City Engineer SUBJECT: Valley Park 13th Addition Wetland Replacement DATE: October 1, 1996 INTRODUCTION: Valley Green Business Park Limited Partnership has submitted a Wetland Replacement Plan application. Staff has reviewed the application, has requested an evaluation by the Technical Evaluation Panel (TEP), and has provided public notice as required by law. The replacement plan must be acted on by the City Council in their roll as the Local Government Unit (LGU) for the Wetlands Conservation Act (WCA) of 1991, as amended. Attached for Council consideration is Resolution No. 4528, a resolution approving a Wetland Replacement Plan for Valley Green Business Park Limited Partnership. BACKGROUND: The Wetland Replacement Plan, as proposed by Valley Green Business Park Limited Partnership, would fill in approximately 2.48 acres of wetland. These impacted wetlands are proposed to be replaced by constructing 6.50 acres of replacement. The City has requested a review of the plan by the TEP which consists of a City staff member, a representative from the Soil and Water Conservation District (SWCD), and a representative from the State Board of Soil and Water Resources (BWSR). This TEP is established by the WCA, with the purpose of providing a professional, technical review of wetland issues to the City Council. The TEP has reviewed the replacement plan and is recommending approval of the plan. The Wetland Replacement Plan is being proposed to accommodate the proposed development of Valley Park 13th Addition. ALTERNATIVES: 1. Adopt Resolution No. 4528. 2. Deny Resolution No. 4528. 3. Table for additional information from staff. RECOMMENDATION: Staff recommends Alternative No. 1. ACTION REQUESTED: Offer Resolution No. 4528, A Resolution Approving a Wetland Replacement Plan for Valley Green Business Park Limited Partnership and move its adoption. oel Rutherford Assistant City Engineer JR/pmp MEM4528 RESOLUTION NO. 4528 A Resolution Approving A Wetland Replacement Plan For Valley Green Business Park Limited Partnership WHEREAS, the City has received a Wetland Replacement Plan from Valley Green Business Park Limited Partnership for Valley Park 13th Addition; and WHEREAS, the applicant has demonstrated that the proposed Wetland Replacement Plan complies with Minn. Rules Parts 8420.0540 and 8420.0550; and WHEREAS, all interested parties on file in the office of the City Engineer or identified in Minn. Rule 8420.0230 have been mailed notice of the proposed Wetland Replacement Plan; and WHEREAS,the Technical Evaluation Panel reviewed the proposed Replacement Plan and considered the public values, location, size and type of wetland being altered and recommended approval of the Wetland Replacement Plan. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE,MINNESOTA: 1. Based on the replacement standards in Minn. Rules Parts 8420.0630, and on the recommendation of the Technical Evaluation Panel, the Wetland Replacement Plan is hereby approved. 2. Approval of this Wetland Replacement Plan shall become effective upon its adoption. 3. A copy of this decision shall be mailed to all interested parties and to the applicant. Adopted in session of the City Council of the City of Shakopee,Minnesota,held this day of , 1996. Mayor of the City of Shakopee ATTEST: City Clerk ) 2. 13 .c . CITY OF SHAKOPEE Memorandum MEMO TO: Mayor&City Council Mark McNeill, City Administrator FROM: Bruce Loney, Public Works Director SUBJECT: Street Light Petition on Monroe Street, from 11th Avenue to 12th Avenue DATE: October 1, 1996 INTRODUCTION: Staff has received a petition for street lights on Monroe Street, from 11th Avenue to 12th Avenue. BACKGROUND: Attached to this memo is a petition requesting street lights be installed on Monroe Street, from 11th Avenue to 12th Avenue. On the petition, 24 persons at 24 different addresses signed the petition for street light improvements. On past street light requests, City Council has assessed the street lights to the benefiting neighborhood. This block of Monroe Street, from 11th Avenue to 12th Avenue is approximately 950 feet long and this distance is perhaps the reason many of the residents are requesting additional street lights between the intersections. Attached to this memo is a map showing the area proposed for street lights and a number of properties that have indicated an interest for street lights to be installed. The petition, received by the City Council, is the first step in a public improvement project process. Since many of the petitioners did not include husband or wife on the signature, staff does not feel this project should be ordered based on the petition. Per Minnesota Statutes Chapter 429, if a project is ordered, based upon a petition, it must have 35% of the real property owners within the project area signing the petition. With 24 signatures from 24 different properties, staff feels there is significant interest in street lights for this block. Staff would recommend that Council initiate the project versus relying on the petition. The only difference between a Council initiated project, versus a petition initiated project, is in the votes needed for approval by the Council. Council initiated projects require a four fifths majority vote for approval, whereas, a petition based project requires only a majority for approval. If Council initiates the project, Resolution No. 4527, ordering a feasibility report study has been prepared for Council consideration. The feasibility study will estimate the cost of street lights in this area after contacting Shakopee Public Utilities Commission for an estimate. ALTERNATIVES: 1. Adopt Resolution No. 4527, which orders the preparation of a feasibility report for addition of street lights on Monroe Street, from 11th Avenue to 12th Avenue. 2. Deny Resolution No. 4527. 3. Table for additional information. RECOMMENDATION: Since there has been significant interest in addition of street lights, as evidenced by the petition enclosed, staff would recommend a feasibility study be ordered and prepared for addition of street lights on Monroe Street,from 11th Avenue to 12th Avenue. ACTION REQUESTED: Offer Resolution No. 4527, A Resolution Ordering the Preparation of a Report on Street Light Improvements on Monroe Street, from 11th Avenue to 12th Avenue and move its adoption. AZO—IryBruce Loney Public Works Director BL/pmp MEM4527 RESOLUTION NO. 4527 A Resolution Ordering The Preparation Of A Report On Street Light Improvements On Monroe Street,From 11th Avenue To 12th Avenue WHEREAS, it is proposed to improve Monroe Street, from 11th Avenue to 12th Avenue, by addition of street lights and to assess the benefited 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 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 , 1996. Mayor of the City of Shakopee ATTEST: City Clerk PETITION FOR STREET LIGHTS ON M❑NROE ST. BETWEEN 11TH AVE. AND 12TH AVE. = PROPERTY OWNER SIGNED AVE 11TH Al ,v4;:), /�1 1110 1 '046-0 / X081-0V L❑T 2�', /(OT ❑T 23 ,7 1118 / 1117 /047-0 080=0 .LOT 3 LOT 22 1126 % 1125 '048-0/ /079-0 : SLOT/4 '❑T 21 134 - / offer/ Z //j ° /0/% 0 1-1 D ,LO 5 LOT 20 F- / 1142 / 1141 Q /` Q 050-0/ X077-0/ Q �j '❑T /6 .L❑T 19 X /115o / 1149 W X , V JL00760 CU ,LOT 18 0 j1157 ( ) CU /052-0 I/ / / i ( ,075-0 I -- ❑T 8 T 17 U Q 1 12E1 / 1166 / 1165 Pq -) 0- - 053-0/ / '074-0 F-- LOT 9 L❑T 16 j J �- 1174 > ��73 - '054-0 /073-0 '(OT 10 LOT 15 /7'1182 1181 055-0/ '072-0 ,,L T 11 SLOT X14 /1190 71189 /056-0/ ,071-0 jOT 12 /L.01 T 13 71198 1197 057-0 '070-0 1PT - AVP , ) a. 6.„1 . CITY OF SHAKOPEE Memorandum TO: Mayor&City Council Mark McNeill,City Administrator FROM: Mike Huber,Engineering Tech.II SUBJECT: St. Francis Regional Medical Center Sanitary Sewer and Watermain Improvements,Project No. 1995-2 DATE: October 1, 1996 INTRODUCTION: Council action is required for a resolution accepting work and making final payment on the St. Francis Regional Medical Center Sanitary Sewer and Watermain Improvements,Project No. 1995-2. BACKGROUND: All of the work for this project has been completed in accordance with the contract documents. Attached is a Certificate of Completion showing the original contract amount and the actual final costs for the project. ACTION REQUESTED: Offer Resolution No. 4531, A Resolution Accepting Work on the St. Francis Regional Medical Center Sanitary Sewer and Watermain Improvements,Project No. 1995-2 and move its adoption. //C1,4 Mike Huber Engineering Tech.II MH/pmp MEM4531 RESOLUTION NO. 4531 A Resolution Accepting Work On The St. Francis Regional Medical Center Sanitary Sewer And Watermain Improvements Project No. 1995-2 WHEREAS,pursuant to a written contract signed with the City of Shakopee on October 4, 1995, Minger Construction, Inc. has satisfactorily completed the St. Francis Regional Medical Center sanitary sewer and watermain improvements,in accordance with such contract. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA that the work completed under said contract is hereby accepted and approved; and BE IT FURTHER RESOLVED, that the City Clerk and Mayor are hereby directed to issue a proper order for the final payment on such contract in the amount of$5,370.41, taking the contractor's receipt in full. Adopted in session of the City Council of the City of Shakopee,Minnesota,held this day of , 1996. Mayor of the City of Shakopee ATTEST: City Clerk Ja ed CERTIFICATE OF COMPLETION CONTRACT NO. : 1995-2 DATE: September 24 , 1996 PROJECT DESCRIPTION : St. Francis Regional Medical Center Sanitary Sewer and Watermain Improvements CONTRACTOR: Minger Cor.struction , Inc . • P .O . Box 236 Chanhassen , MN 55317 ORIGINAL CONTRACT AMOUNT $ 268 , 607 . 00 QUANTITY CHANGE AMOUNT $ 1 , 413 . 10 CHANGE ORDER NO, 1 THRU NO. -- AMOUNT , $ ( 1 , 500 . 00 ) FINAL CONTRACT AMOUNT $ 268 , 520 . 10 LESS PREVIOUS PAYMENTS $ 263 , 149 . 69 FINAL PAYMENT $ 5 , 370 . 41 I, hereby certify that the above described work was inspected under my direct supervision and that, to the best of my belief and knowledge, I find that the same has been fully completed in all respects according to the contract, together with any modifications approved by City Council . I, therefore, recommend above specified final payment be made to the above named Contractor. Agwv- Professional Engin r )a . f2), CITY OF SHAKOPEE Memorandum TO: Mayor& City Council Mark McNeill, City Administrator FROM: Bruce Loney, Public Works Director SUBJECT: Assessment Hearing for Vierling Drive, from C.R. 79 to C.R. 77 Project No. 1995-6 DATE: October 1, 1996 INTRODUCTION: Attached is Resolution No. 4529, a resolution declaring the cost to be assessed and ordering the preparation of proposed assessments for Vierling Drive, from County Road (C.R.) 79 to C.R. 77,Project No. 1995-6. BACKGROUND: The City of Shakopee adopted Resolution No. 4193 on May 16, 1995 ordering the improvements for Vierling Drive, from C.R. 79 to C.R. 77. Bids were received and the contract was awarded to F.M. Frattalone& Sons for the project. The improvements have been completed to a point where final costs can be determined. The total assessable amount has been determined to be $481,439.14, with the City's portion for this project is determined to be $146,704.25. ALTERNATIVES: 1. Move to adopt Resolution No. 4529. 2. Deny Resolution No. 4529. 3. Table for additional information. RECOMMENDATION: Staff recommends Alternative No. 1. ACTION REQUESTED: Offer Resolution No. 4529,A Resolution Declaring the Cost to be Assessed and Ordering the Preparation of Proposed Assessments for Vierling Drive, from County Road 79 to County Road 77, Project No. 1995-6 and move its adoption. htu.kg,40% Bruce Loney Public Works Director BL/pmp MEM4529 RESOLUTION NO. 4529 A Resolution Declaring The Cost To Be Assessed And Ordering The Preparation Of Proposed Assessments For Vierling Drive, From County Road 79 To County Road 77 Project No. 1995-6 WHEREAS, a contract has been let for the improvement of Vierling Drive, from County Road 79 to County Road 77, and the original contract price for such improvements was $527,660.00 and the final contract price for such improvement is $525,881.18 and the expenses incurred or to be incurred in the making of such improvements amounts to $64,977.46 and the right-of-way cost in making of such improvements amounts to $37,284.75 so that the total cost of the improvements will be $628,143.39. Of this cost the City of Shakopee will pay $146,704.25 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 $481,439.14. 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 6th day of November, 1996, 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 , 1996. Mayor of the City of Shakopee ATTEST: City Clerk )2,. CITY OF SHAKOPEE Memorandum MEMO TO: Mayor& City Council Mark McNeill, City Administrator FROM: Bruce Loney, Public Works Director SUBJECT: Vierling Drive, from C.R. 15 to Presidential Lane Project No. 1994-7 DATE: October 1, 1996 INTRODUCTION: Attached is Resolution No. 4530, a resolution declaring the cost to be assessed and ordering the preparation of proposed assessments for Vierling Drive Improvements, from County Road(C.R.) 15 to Presidential Lane, Project No. 1994-7. BACKGROUND: On August 16, 1994, the City Council awarded the construction contract for Vierling Drive, Project No. 1994-7 which included street, sanitary sewer, watermain and storm sewer improvements. The project is now complete and all project costs have been identified for the preparation of an assessment roll. Staff is recommending that an assessment hearing be held on November 6, 1996 in order to certify the assessments to the County Auditor by November 30, 1996. The total construction costs for this project is $496,470.48 which is $9,049.02 less than the original contract amount of$505,519.50. The engineering and administrative costs for this project totaled $92,253.62 or 18.58% of the construction costs. The total project cost including construction and engineering/administration is $588,724.10. The project costs will be funded by Assessments, City Funds, Storm Drainage Funds and Shakopee Public Utilities Commission oversizing costs. The cost breakdowns is as follows: Engr. Funding Source Construction Cost Admin. Cost Total Assessments $ 306,399.66 $ 73,923.55 $ 380,323.22 * City $ 100,474.13 $ 24,240.90 $ 124,715.04 Storm Sewer $ 76,695.78 $ 18,504.02 $ 95,199.79 SPUC $ 2,900.91 $ 699.89 $ 3,600.80 Total $ 486,470.48 $117,368.36 $603,838.84 * City costs will be paid by State Aid Funds. The assessment amount of$363,334.52 represents 61.72%of the total project costs. The remaining project costs of$225,389.58 will be paid with State Aid funds, Storm Drainage Funds and SPUC oversizing funds as 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 6, 1996. ALTERNATIVES: 1. Adopt Resolution No. 4530. 2. Deny Resolution No. 4530. 3. Table for additional information. RECOMMENDATION: Staff recommends Alternative No. 1, as all costs have been identified and property issues resolved. ACTION REQUESTED: Offer Resolution No.4530,A Resolution Declaring the Cost to be Assessed and Ordering the Preparation of Proposed Assessments for Vierling Drive, from County Road 15 to Presidential Lane, Project No. 1994-7 and move its adoption. AlAop_ Bruce Loney Public Works Director BL/pmp MEM4530 RESOLUTION NO. 4530 A Resolution Declaring The Cost To Be Assessed And Ordering The Preparation Of Proposed Assessments For Vierling Drive, From County Road 15 To Presidential Lane Project No. 1994-7 WHEREAS, a contract has been let for the improvement of Vierling Drive, from County Road 15 to Presidential Lane,and the original contract price for such improvements is$486,470.48, the construction contingency amounts to $ -0- and the expenses incurred or to be incurred in the making of such improvements amounts to $117,368.36 so that the total cost of the improvements will be$603,838.84. Of this cost the City of Shakopee will pay$219,914.83 as its share of the cost and the Shakopee Public Utilities Commission will pay$3,600.80 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 $380,323.21. 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 6th day of November, 1996, 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 , 1996. Mayor of the City of Shakopee ATTEST: City Clerk CITY OF SHAKOPEE Memorandum TO: Mayor&City Council Mark McNeill,City Administrator FROM: Bruce Loney,Public Works Director SUBJECT: Grading Permit Fee for Scott County Landfill Excavation Disposal and Capping Project DATE: October 1, 1996 INTRODUCTION: Attached to this memo is correspondence from Scott County and engineering staff, in regard to the grading permit fees associated with the County Road (C.R.)18 landfill excavation disposal and capping project. Per this letter, Scott County is requesting from the City a reduction in the grading permit fee associated with this project. BACKGROUND: This issue was discussed at the September 3, 1996 Council meeting, in which the Council voted unanimously to impose the fee of 7 1/2% of the estimated grading cost and deny the County's request to waive the fee. The attached letter dated September 17, 1996 from staff, informing the County of the City Council's decision and provided background information as to the fee schedule and staffs findings on this issue. The County has written a letter dated September 23, 1996, which includes a revised cost for the grading work and requested the Council to consider amending the fee to a 1% administrative fee only. The rationale for a reduction in the fee, per County staff, is that they perform the plan review and inspection of the work, therefore, the plan review and inspection portion of the fee should be waived. As mentioned previously in the September 3, 1996 memo,this work is being done on private property and will benefit a future development. ALTERNATIVES: 1. Approve a motion to reduce the grading permit fee, as requested by Scott County, to 1% of the grading costs associated with the C.R. 18 landfill excavation and capping project. 2. Approve a motion to reaffirm that the grading permit fee of 7 1/2% does apply with this excavation activity being done by Scott County on private property. 3. Table for additional information. RECOMMENDATION: Staff does not have the authority to reduce fees unless there are prior Council policies or Council approval in this matter. The decision to reduce a City fee for another government agency is a Council policy decision. ACTION REQUESTED: Make a motion to reduce the grading permit fee or reaffirm the grading permit of 7 1/2%, on this grading activity, for the landfill excavation disposal and capping project being done by Scott County on private property. Att(-0 'ABruce Loney Public Works Director BL/pmp COUNTY SCOTT COUNTY PUBLIC WORKS AND LANDS DIVISION HIGHWAY DEPARTMENT /cow 600 COUNTRY TRAIL EAST JORDAN, MN 55352-9339 GARY L. CUNNINGHAM (612)496-8346 COUNTY ADMINISTRATOR Fax:(612)496-8365 BRAD LARSON ASSOCIATE ADMINISTRATOR o,1)- no September 10, 1996 <A1 Sy9� A c3 O ./L9 Mr. Bruce Loney <S O City Engineer City of Shakopee 129 Holmes St. S. Shakopee, MN 55379 SUBJECT: CP 91-18-02(L) CR 18 Landfill Restoration & Capping Dear Mr. Loney: As you mentioned, the Shakopee City Council, at it's September 3, 1996 meeting, determined that Scott County was responsible for acquiring a grading permit and paying the associated fee for the borrow material being excavated from the Shakopee Crossings property to fill and cap the residential landfills adjacent to and within the CSAH 18 right-of-way. In our August 28, 1996 correspondence addressing this matter, we stated that it is our policy not to impose permit fees on other municipalities and requested that the City waive the fee for the grading permit. The City Council denied this request at their September 3rd Council meeting. Upon review of your 1996 fee schedule, the fee is based on a lump sum of 71/2% of the estimated construction costs for the project using the following breakdown: Administrative fee 1 % Plan Review fee 2% Inspection fee 41/2% Total 71/2% An Equal Opportunity/Safety Aware Employer Brucelow Loney ey CP 91-18-02(L) September 10, 1996 Page 2 It is our interpretation that the only part of the fee that is applicable is the 1 Administrative portion and request the payment be reduced accordingly. The following is a breakdown of the grading material and cost information: 106,556 C. Y. (E. V.) Common Borrow 7,923 C.Y. (E. V.) Topsoil Borrow 114,479 C.Y. (E. V.) Total Borrow $1.86 C.Y. Common Borrow contract unit price 1 % Administrative fee $ 2,129.31 Total Amount Due Please send a grading permit application form for submittal. Also, please review this material relating to the fee and advise us as to your findings. Do not hesitate to contact us if you have questions or need additional information. Sincerely, 3c Scott M. Merkley Engineering Coordinator SMM/jkf C: Bradley J. Larson, County Engineer s ' SFI.A.KOPE E September 17, 1996 Scott Merkley Scott County Highway Dept. 600 Country Trail E. Jordan,MN 55352-9339 RE: Grading Permit for C.R. 18 Landfill Restoration and Capping Project Dear Scott: I have received your letter on September 10, 1996, in regard to the grading permit and payment of the associated fee, for the borrow material from the excavation work done on the Shakopee Crossing's property. Enclosed with this letter is a grading permit application form that is used by the City of Shakopee. In your letter, you are also requesting that the City review the interpretation of the fee for the grading permit and advise you as to our findings. At the September 3, 1996 City Council meeting, City Council deemed the excavation work being done on the Shakopee Crossing's property as a development cost. In subdivisions in the City of Shakopee, the 7 1/2% fee would be charged on the grading costs of the development. Since this excavation work is being done on private property, and will benefit the developer, the Council determined that this grading permit fee does apply. Using the information provided in your letter for the breakdown of the grading, excavation work and cost information, the total cost of the grading work done on private property is $212,930.94. The 7 1/2% grading fee for this amount of work would be $15,969.82. In the 1996 Fee Schedule, the fee for grading permits is based upon 7 1/2% fee of the estimated costs for the grading. A breakdown is shown to indicate the approximate percentages associated with the 7 1/2% fee determination with private developments. The Fee Schedule states the fee for grading permits to be 7 1/2% of the estimated cost to perform the grading.. City staff does not have the authority to reduce this fee, as mentioned to you in previous correspondence. If it is your desire to have this fee revisited again by City Council, please reiterate this in another letter. It is my findings, in this matter, that the fee does apply to the future development grading work that has been done on the Shakopee Crossing's site. Whether this policy determination of Council is reasonable or fair, is not the issue. The issue is whether a grading permit was necessary for this excavation work done on private property, and whether the grading permit fee should be waived by the City for the County in this matter. City Council has already voted to deny the County's request,to waive the fee and to apply the full amount. COMMUNITY PRIDE SINCE 1857 129 Holmes Street South• Shakopee,Minnesota- 553794351 • 612-445.3650 • FAX 612.445-6718 • In addition, there has been verbal communication in regard to future stockpiling of material for the Shakopee Crossing's property associated with the County State Aid Highway 18 Construction Project. We would recommend that you indicate this as part of your grading permit and also indicate where the material will be stockpiled. If you have any questions in regard to this letter or the attachments, please feel free to contact me at Shakopee City Hall. Sincerely, Bruce Loney, P. Public Works Director BL/pmp GRADING cc: Mark McNeill, City Administrator Gary Cunningham, County Administrator SCOTT COUNTY PUBLIC WORKS AND LANDS DIVISION HIGHWAY DEPARTMENT J'OlT 600 COUNTRY TRAIL EAST JORDAN,MN 55352-9339 GARY L. CUNNINGHAM (612)496-8346 COUNTY ADMINISTRATOR Fax:(612)496-8365 BRAD LARSON ASSOCIATE ADMINISTRATOR September 23, 1996 Mr. Bruce Loney City Engineer City of Shakopee 129 Holmes St. S. Shakopee, MN 55379 SUBJECT: CP 91-18-02(0 CR 18 Landfill Restoration & Capping Dear Mr. Loney: Enclosed is the completed grading permit application for the CR 18 Landfill Restoration & Capping operation currently under contract. As previously mentioned, we feel this grading permit is different from a normal permit submittal by a developer and the circumstances involved are unusual and the fee involved should receive special consideration. This work involves areas of landfill restoration that were both within and outside of public right-of-way. Also, this work was originally to be included as part of the road project but due to delays with the roadway project it was let separately. Since this is a County Project the extent of City staff time for the plan review and inspection would seem to be minimal and therefore the plan review and the inspection portion of the fee as mandated seems excessive. We are asking the City Council to consider the fee be amended to include only the 1 % Administrative fee. We have recently completed the grading work and have field measured the material excavated. Based on the above, the following is a breakdown of the grading material and cost information : [ 92.626 C.Y. ( E. V.) Total Borrow Material ( Topsoil & Common Borrow) $ 1.86 C.Y. Borrow contract unit price $ 1,722.84 Total Amount Due -Assuming only 1% Administrative fee $ 12,921.33 Total Amount Due -Assuming total 71/2% Grading fee An Equal Opportunity/Safety Aware Employer • Bruce Loney CP 91-18-02(L) September 23, 1996 Page 2 Please place this item on your City Council agenda for their consideration. Contact me if you have questions or need additional information. Hopefully this will resolve this matter and we now have a better understanding of the City requirements. Sincerely, Scott M. Merkley Engineering Coordinator SMM/j kf C: Bradley J. Larson, County Engineer D. a CITY OF SHAKOPEE Memorandum TO: Mayor and City Council FROM: Mark McNeill, City Administrator SUBJECT: Salary Adjustment -Mark McQuillan DATE: September 26, 1996 INTRODUCTION: The Council is asked to consider a step increase for Park and Recreation Director Mark McQuillan, as he reaches the end of his initial six month's appointment to the job. BACKGROUND: Mark McQuillan was appointed to his current position on April 8, 1996. As such, his normal six month probationary period would have ended October 8, 1996. In August, the Council was advised that because of my inability to adequately evaluate him due to the brevity of tenure on the job, I recommended, and Council approved, an extension of the probationary period for Mr. McQuillan, to expire in March, 1997. However, one of the agreements of his initial hire was that he would receive a step increase at the successful completion of six month probationary period. Because the probationary period was extended, the step increase should be a separate consideration. For that reason, the Council should consider it. BUDGET IMPACT: Mark is currently at step 2, or $42,265. A one step increase would take it to $43,508. RECOMMENDATION: I recommend that Mark McQuillan's salary be increased to Step 3 effective October 8, 1996. ACTION REQUIRED: If Council concurs, it should, by motion, authorize a step increase for Mark McQuillan, Park and Recreation Director, effective October 8, 1996. ikAaktA41/1 Mark McNeill City Administrator CITY OF SHAKOPEE I I I117\ Memorandum TO: Mayor and City Council FROM: Mark McNeill, City Administrator SUBJECT: Extension of Time-Mark McQuillan Probationary Period DATE: August 14, 1996 COMMENT: INTRODUCTION: The Council has asked to extend the probationary job performance evaluation period of Park and Recreation Director Mark McQuillan. BACKGROUND: Mark McQuillan was appointed to his current position on March 12, 1996. As such, his normal six month probationary period will end on September 12, 1996. As his supervisor, and having been here less then a month at this time, I do not feel that I have had an adequate opportunity to assess his job performance. I therefore ask that the Council extend his probationary period for an additional six months to expire March 12, 1997. I have discussed this with Mr. McQuillan, who understands, and indicates that this would not be a problem for him. I want to emphasize that there is nothing of which I am aware of that would indicate less than satisfactory performance. RECOMMENDATION: I recommend that the Council extend the probationary period for an additional six months, to expire March 12, 1997. ACTION REQUIRED: If Council concurs, it should, by motion, extend the probationary period for Parks Director Mark McQuillan, to expire March 12, 1997. 5‘A-blitaktfULA Mark McNeill City Administrator MM:tw CITY OF SHAKOPEE Memorandum TO: Mayor and City Council FROM: Mark McNeill, City Administrator SUBJECT: City Attorney Discussion DATE: September 25, 1996 INTRODUCTION: The Council is asked to authorize staff to solicit Request for Proposals (RFPs) for the provision of civil legal services for the City of Shakopee. BACKGROUND: In July, City Attorney Karen Marty resigned after serving as in-house attorney for 6 1/2 years. That position was created after the retirement of long-time City Attorney Julius Coller, who services were supplemented as needed by outside law firm. Until December, 1995, the Legal Department consists of a total of four people -the City Attorney, Assistant City Attorney(who did primarily prosecutions), a Clerk Typist, and Legal Secretary. However, in late 1995, the Assistant City Attorney resigned, and in March, 1996 the City Council authorized the Scott Joint Prosecution Association to do all prosecution for the City. The clerk typist also subsequently resigned to take another position, leaving only the legal secretary continuing with the City(she has since been assigned other duties within City Hall, although her job title remains unchanged). With the resignation of Karen Marty, all legal work was assigned to a variety of outside firms. The City's civil work is being done by Kennedy and Graven. However, the City also has the following firms engaged for other purposes: Hoff, Barry & Kuderer : Hentges v. City Jaspers, Moriarty & Walburg, P.A : EDA v. Mahoney Annexation of TH 300 Campbell, Knutson, Scott & Fuchs PA: Centres Group Project Krass, Monroe, et.al.: New civil litigation not covered by insurance Espel Greene: Labor Relations/Police Matters LMC Insurance Trust: Claims for damages against City Dorsey & Whitney: Bond counsel work Moss & Barnett: City v. Petrill (Condemnation) Obviously, there are different attorneys and firms that have stronger areas of expertise; however; there may be an opportunity to consolidate and assign some of these cases to fewer firms, which should be less confusing for staff as to whose responsibility specific tasks may be. DISCUSSION: The first decision that must be made is to whether to fill the in-house attorney position, or to go with contractual outside firms: Certainly, arguments may be made for either position; cost, control of workload, expediency in receiving answers, extra assistance.. However, Shakopee's situation was unusual, and one must question why Shakopee is unique in having an in-house attorney. In the metropolitan area, according to the 1996 Stanton Survey, Bloomington, Coon Rapids, and Minnetonka were the only individual cities who could justify in- house legal staff. Obviously, each of those are much larger. The other cities in the metropolitan area rely upon contract advise. I believe part of the advantage in having outside firms is that there is a wider expertise from which to draw for different questions - municipal law is fairly specialized, and it is unlikely that any one individual could be an expert in every facet of municipal law. BUDGET IMPACT: The 1996 budget for the in-house attorney was $210,000 plus an addition $50,000 for BIA litigation. In the two months that we have been working with contractual attorneys, civil fees from Kennedy and Graven have averaged $4,120 per month, or $ 49,410 if it continued on an annual basis, plus amounts charged to projects($1,162 for 45 days so far). This does not include the other bills from the other"specialist" firms listed earlier in this memo. In addition, the City has budgeted $ 80,000 for work to be done by the SJPA for prosecutions. However, it has become apparent that this will be insufficient, based upon the number of cases taken on early in the arrangement by the SJPA. That continues to be monitored. Assuming the Council wishes to go with an outside attorney, all billings will need to be watched to be certain that costs stay within budget. An RFP could be set up to account for a variety of factors; i.e. whether the firm would bill travel to the Courthouse for work in Shakopee (if not a local firm), at what rate they bill for City Council meeting attendance, etc. ALTERNATIVES: Assuming the City is to remain with the Scott Joint Prosecution Association, the following alternatives are available: 1. Request proposals from contract outside firms for the provision of civil and litigation coverage, with exception of those duties that are extremely specialized(such as tribal law), or who have an ongoing relationship with the City(for example, bond counsel), and monitor costs. Included in this action would be direction that staffing requirements in City Hall be analyzed to determine the best assignment of the legal secretary, Bev Mitchell. Her position is fully funded in the proposed 1997 budget. The interm attorney firm, Kennedy and Graven, has provided fine counsel. However, if the relationship is to be long term, an interview process should be employed. 2. Fill the in-house position, and rebuild the Legal Department. RECOMMENDATIONS: We recommend that alternative#1, that of soliciting RFPs, be pursued. Council should also give direction as to how it wishes to interview. Staff could narrow candidate firms down to a smaller number for the entire Council to interview, or Council could choose to have staff make a finalist recommendation. Because the position is one which is of vital importance to the City Council, the Council may wish to interview at least a single finalist, so that it can be comfortable with whom the firm may be. ACTION REQUIRED: If the Council concurs, it should, by motion, direct that Requests for Proposals be solicited for the provision of civil and litigation legal assistance for the City of Shakopee. Vietet Mark McNeill City Administrator MM:tw 1 . ,0c. MEMO TO: Mark McNeill, City Administrator FROM: Judith S. Cox, City Clerk RE: Appointment of Election Judges DATE: September 27, 1996 INTRODUCTION AND BACKGROUND: Minnesota State Statutes require that election judges be appointed by the governing body prior to the election. The attached resolution appoints judges for the November 5, 1996 General Election. All judges have been contacted and have agreed to attend the required training session and to work for the election. RECOMMENDED ACTION: Offer Resolution No. 4522, A Resolution Appointing Judges of Election and Establishing Compensation, and move its adoption. RESOLUTION NO. 4522 A RESOLUTION APPOINTING JUDGES OF ELECTION, AND ESTABLISHING COMPENSATION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, that : 1 . The following persons are hereby appointed Judges of Election for the November 2, 1996 General Election for the eight polling precincts with the City of Shakopee designated in Resolution No. 4407, adopted March 12, 1996 : FIRST PRECINCT: Regular Judges Dorothy Breimhorst Winnie Anderson, Chair Vella Gould Geraldine Heiland Hazel Ecklund Evelyn Weckman Marie Beckrich Claude Kolb Dell Reed Betty Christiansen Irene Burse SECOND PRECINCT: Regular Judges Bob Neiters Marcie Schmidt, Chair Ethel Schneider Rose Schleper Marilyn Lange Pat Mertz Connie Berens THIRD PRECINCT: Regular Judges Ann Eva Kubes Maetta Jurewicz, Chair Joe Schleper Darlene Schesso Jerry Klein Pat Shroers Nancy Huss Martha Skalsky Don McNeil Barbara Zupan Bob Mertz Joe Ginter Bud Geske FOURTH PRECINCT AND SIXTH PRECINCT: Regular Judges Edna Wangerin, Chair Muriel Koskovich Pat Clemens Joan Schultz Don Zupan Jermayn Leavitt FIFTH PRECINCT: Regular Judges Virgilla Geske (C) Carol Link Gayle Madigan Betty Dols Louise Vyskocil Thea May Joan Hart Bridgit Altman Judy Streffland SEVENTH PRECINCT: Regular Judges Lillian Weinandt, Chair Kim Mueller Jaye Carlson Katheryn Marschall Carla Labarbera Reuben Patrikus EIGHTH PRECINCT: Regular Judges Ruth O'Reilley Dora Harbeck Claudia Meyer, Chair JoAnn Coller Betty Teich Dorothy Ginter June Douglas Char Steininger Darlene Meuissen Marie Obernolte Lenore Johnson 2 . The Election Judges shall be compensated for their work at the rate of $5 . 00 per hour and the Chairperson of the Election Judges shall be compensated at the rate of $5 . 50 per hour. 3 . The proper officials be and hereby are authorized and directed to do and perform all acts necessary to carry out the terms, intents, and purposes of this Resolution. Adopted in regular session of the City Council of the City of Shakopee, Minnesota, held this 1st day of October, 1996 . Mayor of the City of Shakopee ATTEST: City Clerk CITY OF SHAKOPEE Memorandum TO: Mayor and City Council FROM: Mark McNeill, City Administrator SUBJECT: Community Development Director Pay Adjustment DATE: September 25, 1996 INTRODUCTION: The Council is asked to adjust the salary range of the Community Development Director. BACKGROUND: Previously, the City Council authorized the advertisement of the Community Development Director position. Interviews will be held October 3rd. Council previously concurred with a staff recommendation to have the job value changed, by virtue of the fact that the position would have additional supervisory responsibility over the Building Inspection Division, and Economic Development Coordinator position. As such, the comparable worth points went from 96, to the 113 upon which the advertised salary is based. BUDGET IMPACT: The old salary range was $42,431 to $53,039. The new range, based on the new points (and what was advertised)will be $49,945 to $62,431. RECOMMENDATION: We recommend that, in order to be consistent with what has been advertised, the pay plan be adjusted to reflect 113 points for the Community Development Director position. ACTION REQUIRED: If the Council concurs, it should, adopt the attached resolution, amending the 1996 Pay Plan for the Community Development Director position, reflecting 113 points, at a pay range from $49,945 (minimum)to $62,431 (maximum). Mark McNeill City Administrator MM:tw RESOLUTION NO. 4532 A RESOLUTION AMENDING RESOLUTION NO. 4352, AMENDING THE 1996 PAY SCHEDULE FOR THE COMMUNITY DEVELOPMENT DIRECTOR POSTION OF THE CITY OF SHAKOPEE WHEREAS, on December 5, 1995, the Shakopee City Council adopted Resolution No. 4352 approving the 1996 pay Schedule for the Officers and Non-Union Employees of the City of Shakopee; and WHEREAS, the addition of responsibilities in the job description for the position of Community Development Driector makes it desirous to amend the 1996 pay Schedule for Officers and Non-Union employees of the City of Shakopee at this time. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Shakopee, Minnesota, that the Community Development Director position classification is hereby amended to reflect a point value of 113 for the Pay Schedule for the Officers and Non-Union employees of the City of Shakopee at the following pay steps: Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Step 7 Step 8 $49,945 $53,067 $54,627 $56,188 $57,749 $59,310 $60,870 $62,431 Adopted in Regular Session of the City of Shakopee, Minnesota held this 1st day of October, 1996. Mayor of the City of Shakopee ATTEST: City Clerk CITY OF SHAKOPEE )2 • A• �• Memorandum TO: Mayor and City Council FROM: Mark McNeill, City Administrator SUBJECT: Authorization-Dial-A-Ride Services DATE: September 25, 1996 INTRODUCTION: The City Council is asked to authorize the use of Dial-A-Ride bus transportation for Early Childhood Family Education(ECFE). BACKGROUND: Staff has been contacted by Sandy Coder, Program Director for ECFE. ECFE is provided through Shakopee Community Education. This particular request focuses on the provision of ridership to children of low income, primarily Spanish speaking families. Beginning in October, the ECFE will be offering classes for these children to teach them English. Some of the potential participants live outside of Shakopee, in adjacent townships. Last year, ECFE requested that the City authorize the use of Dial-A-Ride buses to transport these children from their homes to the class rooms. Authorization was given by Council for 1995-96 school year. The request has been made again to provide Dial-A-Ride transportation from residents in Jackson and Louisville Townships. BUDGET IMPACT: This year represents a different set of circumstances. Previously, through"opt-out" funding, the philosophy was that any monies which were not expended on transit would have to be turned back in to the Metropolitan Transit funding source. There has always been a surplus at the end of the year, so the provision of ridership to Jackson and Louisville Townships was not an issue. This year, however, because of increase usage and renegotiation of a contract, for the first time there will be a transit deficit of an estimated $52,800 for FY97. The provision of services to Jackson and Louisville Townships will contribute to that deficit. However, according to the ECFE Program Director, the actual usage is limited - at this time, it is approximately two vehicle trips per week, although that may change. The larger share of ECFE usage of Dial-A-Ride is within the Shakopee city limits. We do not have a firm handle on what the actual subsidy increase would be based on the small usage. Something needs to be done regarding transit regardless of what ECFE ridership may do. RECOMMENDATION: So as to provide an opportunity to more closely examine transit funding as a whole, the City should not enter into this for the entire school year. Rather, the first quarter classes are completed the second week of December; I recommend that the ECFE use of Dial-A-Ride outside of the City limits of Shakopee be approved only through December 15th. Any continuation would be subject to new authorization, once figures are better known. It will remain a policy question as to the utilization of Dial-A-Ride services outside the City limits. This has been limited to only ECFE usage; we recommend that that not change. ACTION REQUIRED: If the Council concurs, it should, by motion, authorize the use of Dial-A-Ride services for ECFE participants beginning October 1, through December 15, 1996. Ak9.kwU, Mark McNeill City Administrator MM:tw CC: Gregg Voxland . . . IlAIcOPEE- Shakopee School Board Ron Larson.Chat Superintendent Robert J.Osttund Janet Wendt.Vice Chola Coo/donator/Lead Teacher M ;tea •,d y. r; o, Kathy Busch.Clerk Sandy Coder Steve Schneider.Treasurer Early Childhood 'erica Geis.Director Bob Techam.Director Family Education Robyn Wolfe.Director May 31, 1995 Barry Stock Assistant City Administrator Shakopee City Hall 129 Holmes St. Shakopee, Minnesota 55379 Dear Barry, We are ending our six month demonstration project with transporting families from outside the Dial A Ride service area for Early Childhood Family Education. All of the families who used this service were low income, Spanish speaking families,who had no other source of transportation to and from Sweeney Elementary. Fall quarter without Dial A Ride services,we had one Spanish speaking family come to one class(out of four weeks of offered classes). Winter and spring quarters,we had an average of 10 families with 17 children attending every week!!! Not all of these participants rode Dial A Ride-we usually had about 12-14 participants riding Dial A Ride for this Friday class. Without the Dial A Ride Service,I believe our class for Spanish speaking families would still be struggling. This service allowed families to come to the program and find out if it met their family's needs and then tell their friends about it. We set up the riding arrangements because of the language barrier plus it allowed our program to screen participants for need of transportation services. Much of our Friday Spanish speaking success,I think was because of our ability to transport families on Dial A Ride. We would like to ask the Shakopee City Council to extend our demonstration program for transporting participants from outside the Shakopee Dial A Ride service area for an indefinite period of time or at least the next school year. Our SCFE classes will start the second or third week in September and extend through May, 1996. Again,we thank you for your help in making this ECFE experience for Spanish speaking families and their children a huge success!!! ic. e'ly, � " a" . .. 4-e?-1-1- 1 Sandy A. Coder Coordinator ,• 1001 Adams Street Shakopee, MN 55379 (612)496-5990 Ail SCROOLS ACCREDITED EY TAR loom =MM TION AN EOLwL O►IOR1LNATY EMPLOYER CITY OF SHAKOPEE Memorandum TO: Mayor and City Council FROM: Mark McNeill, City Administrator SUBJECT: ECFE Dial-A-Ride DATE: September 20, 1996 Attached is a memorandum which describes Council action taken in 1995 based on a request from the Early Childhood Family Education(ECFE). Sandy Coder, Coordinator for ECFE (through the Shakopee Public Schools), has requested the ability for Dial-A-Ride to go outside of the City limits(primarily to mobile home parks in Jackson Township) to transport primarily Spanish speaking children to classes at Sweeney Elementary. She asked whether this can take place again this year. As I checked the attached, previous authorization was given for 1995/96 school year. She would like to have this begin for the 96/97 school year. Unfortunately, her date to begin is October 1st, which is earlier in the day when the City Council next meets. She requested this of me a week prior to the September 17th meeting and I didn't get it on the agenda. The cost for this is paid by the School District, as I understand it. The major concern on this is policy- is there a problem with Dial-A-Ride vans going outside of the City limits. Apparently, it worked well this past year; she would like to be able to have them start their classes on time October 1st. I will put this on the City Council agenda for consideration on October 1st,with a recommendation to allow this to happen. However, I will authorize the Dial-A-Ride vans to start transporting earlier that day; if there is a desire by Council not to continue this, they will have to find alternate sources of transportation after that first day. '14 littut-u4 Mark McNeill City Administrator MM:tw NOTE: Cost for ridership is paid by the School District, but only the couple dollars per rider that is their individual responsibility. All Dial-A-Ride ridership in Shakopee receives a substantial subsidy. CITY OF SHAKOPEE Memorandum TO: Mayor and City Council Mark McNeill, City Administrator FROM: Judith S. Cox, City Clerk SUBJECT: Exemption from Lawful Gambling License/Minnesota Valley Restoration Project DATE: September 26 1996 INTRODUCTION: Minnesota Valley Restoration Project is requesting the City to waive its 30 day reviewal of their application for authorization for exemption from lawful gambling license. BACKGROUND: I have been contacted by Ms. Shirley Olson from Murphy's Landing. They are planning a raffle on January 18, 1997 in conjunction with the Adopt-A-House fund-raiser. The drawing will take place at Murphy's Landing. Because of the value of prizes involved, they are in fact exempt from obtaining a raffle license. Although they are exempt,they still must apply to the Gambling Control Board for what is called an exemption from lawful gambling license. Whenever the Gambling Control Board considers any application for gambling as well as an exemption from the license,the municipality where the event will be held is given the opportunity to advise the board if they wish the activity to be prohibited. In this case the City has 30 days to advise the board of their disapproval of the issuance of the license exemption and after that 30 days the board will automatically issue the license exemption. Because of the short time frame involved,Ms. Olson has asked if the City Council would waive the 30 day review period so that the license exemption can be granted as soon as possible in order that they may begin selling ratite tickets. According to the Shakopee City Code, 75% of the proceeds from gambling activities must be spent in the City's trade area. The proceeds from this activity will be utilized at Murphy's Landing. ALTERNATIVES: 1. Waive the 30 day review period. This will allow the immediate issuance of the license exemption by the Gambling Control Board. 2. Do not waive the 30 day review period. This will delay the issuance of the license exemption for 30 days. 3. Request the Gambling Control Board to prohibit the activity. Staff is unaware of any reason upon which to base such a request. RECOMMENDATION: Staff recommends Alternative#1. Waive the 30 day review period. ACTION REQUESTED: Move to approve the raffle and waive the 30 day review period for the application from Minnesota Valley Restoration Project dba/Murphy's Landing for authorization for an exemption from lawful gambling license for a raffle at Murphy's Landing on January 18, 1997. Word/Tami/Murphy CITY OF SHAKOPEE / Memorandum TO: Mayor and City Council FROM: Mark McNeill, City Administrator SUBJECT: Labor Negotiations- Closed Meeting DATE: September 26, 1996 INTRODUCTION: At its meeting of October 1st, the Council will be asked to review the status of labor negotiations. BACKGROUND: On Thursday, September 26th, I met with the representatives for the Police Officer's bargaining unit. So as to discuss labor negotiations, I will request a closed meeting, as permitted by State Law. ACTION REQUIRED: If the Council concurs, it should, by motion, call for a closed session following the regular meeting of October 1st, for the purpose of discussing labor negotiation strategy. 71i4A Mark McNeill City Administrator MM:tw