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TENTATIVE AGENDA

ShakopeeCityCouncil

RegularSession

7:00p.m.

August16,2016

LOCATIONCouncilChambersCityHall129HolmesStreetSouth

Shakopee Mission Statement


The Mission of the City of Shakopee is to provide the opportunity to live, work and play in a community with a proud
past, promising future, and small town atmosphere within a metropolitan setting.

Agendaitemsaretiedtothefollowinglong-termgoalsthatsupporttheCity'sstrategicvisionasnotedaftereachagendaitem:
A.KeepShakopeeasafeandhealthycommunitywhereresidentscanpursueactiveandqualitylifestyles.
B.Positivelymanagethechallengesandopportunitiespresentedbygrowthdevelopmentandchange.
C.MaintaintheCity'sstrongfinancialhealth.
D.Maintainimproveandcreatestrongpartnershipswithotherpublicandprivatesectorentities.
E.Delivereffectiveandefficientpublicservicesbyastaffofwell-trained,caring,andprofessionalemployees.
F.Housekeepingitem.

MayorBillMarspresiding

RollCall

1.

PledgeofAllegiance

2.

ApprovalofAgenda

3.

PresentationoftheNewMVTARoute495

4.

ConsentBusiness-(Allitemslistedinthissectionareanticipatedtoberoutine.Aftera
discussionbytheMayortherewillbeanopportunityformembersoftheCouncilto
removeanyitemsfromtheconsentagendaforindividualdiscussion.Thoseitems
removedwillbeconsideredfollowingthePublichearingportionoftheagenda.Items
remainingontheConsentAgendawillnotbediscussedandwillbeapprovedinone
motion.)

5.

PlanningandDevelopment

A.

1.

*SetPublicHearingforVacationofPublicDrainage&UtilityEasementat2400
JenniferLane,Res.No.7757(B)

2.

*MetropolitanCouncilComprehensivePlanAssistanceGrant,Res.No.7756(A,B)

3.

*CityCodeTextAmendmentandOptingOutofStateStatute462.3593,Temporary
FamilyHealthCareDwellings,Ord.No.940(F)

B.

PoliceandFire

C.

PublicWorksandEngineering

1.

*PurchaseMowerandCab(E)

2.

*ApproveaTurnbackAgreementwithScottCountyforCountyRoad15(D,E)

ParksandRecreation

D.

1.

*ApproveDesignServicesfortheMemorialParkBridgeReplacement(A)

2.

*AcceptanceofMultiple$1,000.00DonationsfortheShakopeeFunForAll
Playground,Res.No.7760(A,B,D)

GeneralAdministration

E.

1.

*CityBillList(F)

2.

*CityCouncilMinutesofJuly19andJuly25,2016(F)

RECOGNITIONOFINVOLVEDCITIZENSBYCITYCOUNCIL-Providesan
opportunityforthepublictoaddresstheCouncilonitemswhicharenotontheagenda.
Commentsshouldnotbemorethanfiveminutesinlength.TheMayormayadjust
thattimelimitbaseduponthenumberofpersonsseekingtocomment.Thiscomment
periodmaynotbeusedtomakepersonalattacks,toairpersonalitygrievances,to
makepoliticalendorsementsorforpoliticalcampaignpurposes.CouncilMembers
willnotenterintoadialoguewithcitizens,andquestionsfromCouncilwillbefor
clarificationonly.Thisperiodwillnotbeusedtoproblemsolveissuesortoreactto
thecommentsmade,butratherforinformationalpurposesonly.

6.

JointPublicHearingwithEDA

7.

A.

BusinessSubsidyExtensionRequestShutterfly,Inc.,Res.No.7759(D)

BusinessremovedfromtheConsentAgendawillbediscussedatthistime

8.

RecessforEconomicDevelopmentAuthorityMeeting:

9.

Reconvene

10.

GeneralBusiness:

11.

PlanningandDevelopment

A.

1.

WestVierlingAcresFirstAddition-Res.No.7761

2.

AnnexationofPropertyfromJacksonTownship(Hwy.169&CR15Public

2.

AnnexationofPropertyfromJacksonTownship(Hwy.169&CR15Public
Right-of-Way),Res.No.7758(B)

GeneralAdministration

B.

1.

AppointmentoftheAssistantCityAdministrator(B,E)

12.

Liaison&AdministratorReports

13.

OtherBusiness

14.

AdjourntoSeptember6,2016at7:00p.m.

Consent Business

TO:

Mayor and City Council

FROM:

Mark Noble, Senior Planner

DATE:

08/16/2016

5. A. 1.

SUBJECT: *Set Public Hearing for Vacation of Public Drainage & Utility Easement at 2400
Jennifer Lane, Res. No. 7757 (B)
Action Sought
City staff, on behalf of Michael Bawek, 2400 Jennifer Lane, are requesting that the City
Council set a public hearing date to consider the application for vacation of public drainage &
utility easements.
Introduction
Michael Bawek owns property at 2400 Jennifer Lane, which was recently part of a Minor
Subdivision that reconfigured two residential lots and accommodated Jennifer Lane, which is a
new street extending south from Valley Creek Crossing 2 nd Addition to Lakeview Drive. The
easements proposed for vacation had been perimeter easements, which due to the new lot
configuration, are no longer warranted (see attached survey for easements to be vacated). The
attached Resolution No. 7757 sets a public hearing date to consider the vacation of the
easements.
Background/Discussion
The attached resolution sets a public hearing for Tuesday, September 20, 2016. On that date,
comments from staff members and utilities, as well as a recommendation from the Planning
Commission, will be presented to the City Council for consideration. The Planning
Commission will consider the request at its September 8, 2016 meeting.
Recommendation
Staff recommends that the Council adopt the attached resolution setting a public hearing date
for the vacation of public drainage & utility easements located at 2400 Jennifer Lane.

Action Required
Approve Resolution No. 7757, a resolution setting the public hearing date to consider the
vacation of public drainage & utility easements located at 2400 Jennifer Lane.
Attachments
Res. No. 7757
Survey
Aerial

RESOLUTION NO. 7757


A RESOLUTION SETTING THE PUBLIC HEARING DATE TO CONSIDER THE
VACATION OF PUBLIC DRAINAGE & UTILITY EASEMENTS
WHEREAS, it has been made to appear to the Shakopee City Council that public
drainage & utility easements located at 2400 Jennifer Lane is no longer of public use or
interest; and
WHEREAS, a public hearing must be held before an action to vacate can be taken
and two weeks published and posted notice thereof must be given.
WHEREAS, two weeks published notice will be given in the SHAKOPEE
VALLEY NEWS and posted notice will be given by posting such notice on the bulletin
board on the main floor of the Scott County Courthouse, the bulletin board at the U.S. Post
Office, the bulletin board at the Shakopee Public Library, and the bulletin board in the
Shakopee City Hall.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
THE CITY OF SHAKOPEE, MINNESOTA, that a hearing be held in the Council
Chambers on the 20th day of September, 2016, at 7:00 P.M. or thereafter, on the matter of
vacating public drainage & utility easements at 2400 Jennifer Lane.
Adopted in ________ session of the City Council of the City of Shakopee,
Minnesota, held the _____ day of ______________________, 2016.
_____________________________
Mayor of the City of Shakopee
ATTEST:
______________________________
Lori Hensen, City Clerk

Consent Business

TO:

Mayor and City Council

FROM:

Michael Kerski, Director of Planning and Development

DATE:

08/16/2016

5. A. 2.

SUBJECT: *Metropolitan Council Comprehensive Plan Assistance Grant, Res. No. 7756
(A,B)
Action Sought
Offer Resolution No. 7756, A Resolution of the City of Shakopee, Minnesota Authorizing the
City to submit an Metropolitan Council Comprehensive Assistant Plan Grant.
Introduction
This agenda item requests the City Council to adopt a resolution authorizing the grant submittal
to Metropolitan Council for funds used to acquire assistance with the City of Shakopee's 2040
Comprehensive Plan.
Background
In May 2016 the Metropolitan Council released a notification of grant funding available to the
City of Shakopee in the amount of $32,000.00 to aid in developing the City's 2040
Comprehensive Plan. Sixty-seven communities, Carver and Scott counties (representing a total
of 20 townships), and a consortium of 13 townships in Dakota County are eligible for planning
grants from the Council in 2016. Since the last comprehensive plan update cycle, the Council
has both increased the total money for the grants to $1.9 million and expanded the criteria so
that small communities with limited financial and staff resources have access to a grant.
Timeline
The grant application is due September 5, 2016.
Relationship to Vision
(A) Keep Shakopee a safe and healthy community where residents can pursue active and
quality lifestyles.
(B) Positively manage the challenges and opportunities presented by growth development and
change.
Requested Action
If City Council concurs, it should, by motion, Adopt Resolution No. 7756, A Resolution of the
City of Shakopee, Minnesota Authorizing the City to Submit a Comprehensive Plan Assistance
Grant.
Attachments
Resolution 7756

RESOLUTION NO. 7756


CITY OF SHAKOPEE, MINNESOTA

RESOLUTION IDENTIFYING THE NEED FOR


FUNDING TO COMPLETE ITS 2040 COMPREHENSIVE PLAN UPDATE AND
AUTHORIZING AN APPLICATION FOR
PLANNING ASSISTANCE GRANT FUNDS

WHEREAS the City of Shakopee must review and update its comprehensive plan as required by
the decennial review provision of Minnesota Statutes section 473.864, subdivision 2; and
WHEREAS, on April 27, 2016, the Metropolitan Council adopted need-based eligibility criteria
for awarding available local planning assistance grant funds and established maximum grant
amounts for eligible grantees to help grantees review and update their comprehensive plans as
required by the decennial review provisions of Minnesota Statutes section 473.864,
subdivision 2; and
WHEREAS, the City is an eligible city, county, or town in the metropolitan area as defined in
Minnesota Statutes section 473.121; AND
WHEREAS, planning assistance grant funds will be made available to eligible applicants subject to
terms and conditions contained in Metropolitan Council grant agreements.
NOW THEREFORE BE IT RESOLVED that, after appropriate examination and due
consideration, the governing body of the City of Shakopee:
Authorizes its Department of Planning and Development to:
1) submit on behalf of the City an application to the Metropolitan Council for Local
Planning Assistance grant funds for the decennial review and update of the Citys local
comprehensive plan required under Minnesota Statutes section 473.864; and
2) execute on behalf of the City a grant agreement with the Metropolitan Council for
planning assistance grant funds.
Adopted this ___ day of _____________, 2016.

___________________________________
William Mars
Mayor, City of Shakopee

___________________________________
Lori Hensen
City Clerk

Consent Business

TO:

Mayor and City Council

FROM:

Michael Kerski, Director of Planning and Development

DATE:

08/16/2016

5. A. 3.

SUBJECT: *City Code Text Amendment and Opting Out of State Statute 462.3593,
Temporary Family Health Care Dwellings, Ord. No. 940 (F)
Action Sought
The City Council is asked to adopt Ordinance 940, amending city code 15.007, General
Regulations and opting out of Minnesota State Statute 462.3593.
Background
On May 12, 2016 the Governor signed into law, a bill creating a new process and land use for
temporary family health care dwellings. This use is intended to offer property owners the
option of installing a temporary housing unit on a single family residential lot to house an
elderly parent or physically impaired adult.
State law adopted the following definition for these housing units:
"Temporary family health care dwelling" means a mobile residential dwelling providing an
environment facilitating a caregiver's provision of care for a mentally or physically impaired
person."
The bill required all cities to comply with the new state regulation or opt out of the bill by
September 1, 2016. This provision was added to the bill to allow cities to develop their own
response to the growing issue of elderly housing.
Discussion
City staff are recommending that the City opt out of this provision, and amend the zoning code
to state that this type of dwelling is not a permitted use in any district. Senior housing is a
growing concern, however this bill did little to assist with the issue and created a number of
potential conflicts for enforcement and practicality, for potential residents. Staff anticipates the
following issues with these dwellings as the law is written.
The bill required these structures to meet principal structure setbacks. This means that the
temporary dwelling will need to be set back as far from a street or adjoining property as
the home.
The average homes in Shakopee have been constructed at the building setback line.
As the law is written this would prevent most properties from utilizing the driveway
to place these units..
An elderly person placed in a structure in the back yard creates difficulty for
movement, safety, and access.
Water and septic issues were addressed in the bill, but it put the inspection requirements
on city staff.

New structures must meet building code to receive approval, with harsh winters it
will become increasingly difficult to meet building code and sustain basic services
to these structures.
To ensure compliance regular inspection would be required.
Only one elderly person related to the property owner is permitted per housing unit.
This is not only difficult to enforce for staff, it also creates a difficulty for an elderly
couple.
Regular staff inspection would be required to ensure only one elderly person was
living in the unit.
The bill allows for a 6 month permit issued by the city, which can then be extended for
another 6 months. The maximum timeframe for the structure to be on site is one-year.
Staff anticipates issues with requiring an elderly person to be removed from their
temporary home after one year. This could compromise the health and comfort of
the elderly person living in the unit.
The infrastructure and cost of the temporary dwelling until require substantial
up-front investment. Staff anticipates issues where the cost of installation, removal,
maintenance of grounds, etc. will prompt many home owners to insist that the units
remain longer than the one-year maximum.
The state law does not provide cities with tools or guidance for removal of units which do
not meet the law or city requirements
The maximum fee a city may charge for a temporary health care dwelling permit is $100,
with a $50 renewal fee.
The intent is to allow these dwellings to be affordable, but with the amount of
inspection and staff time required by the city the fees do not directly represent the
cost for the city to monitor and inspect the units.
Shakopee has a high representation of senior housing options existing in the community. This
bill intends to fill the niche of an inexpensive and temporary senior housing market but creates
community issues. Staff will examine alternate opportunities to serve this niche after additional
community input.

Staff Recommendation
Staff recommends that City Council adopt Ordinance 940 opting out of the state law and
prohibiting temporary family health care dwellings in all districts.
Planning Commission Recommendation
On August 4, 2016 the Planning Commission unanimously recommended that that the City
Council adopt Ordinance 940 opting out of the state law and amending city code.
Action Requested
The City Council is asked to adopt Ordinance 940, opting out of state law 462.3593 and
amending city code 15.007, general regulations which prohibits temporary family health care
dwellings in all districts.
Attachments

Temporary family health care dwellings law


Ordinance 940, Opting out of State Law and Amending City Code

ORDINANCE NO. 940


CITY OF SHAKOPEE
AN ORDINANCE OPTING-OUT OF
THE REQUIREMENTS OF
MINNESOTA STATUTES, SECTION 462.3593
WHEREAS, on May 12, 2016, Governor Dayton signed into law the creation and regulation of
temporary family health care dwellings, codified at Minn. Stat. 462.3593, which permit and
regulate temporary family health care dwellings;
WHEREAS, subdivision 9 of Minn. Stat. 462.3593 allows cities to opt out of those
regulations;
THE CITY COUNCIL OF THE CITY OF SHAKOPEE, ORDAINS as follows:
SECTION 1. City Code, Section 151.007, General Regulations is amended as follows:
Temporary Family Health Care Dwellings as defined by Minnesota State Statutes shall be
prohibited in all zoning districts.
OPT-OUT OF MINNESOTA STATUTES, SECTION 462.3593:
SECTION 2. Pursuant to authority granted by Minnesota Statutes, Section 462.3593,
subdivision 9, the City of Shakopee opts-out of the requirements of Minn. Stat. 462.3593,
which defines and regulates Temporary Family Health Care Dwellings.
SECTION 3. This Ordinance shall be effective immediately upon its passage and publication.
Adopted in regular session of the City Council of the City of Shakopee, Minnesota, held the
_____ day of ____________________, 2016.

CITY OF SHAKOPEE MINNESOTA

By: _____________________________________
Mayor of the City of Shakopee

ATTEST:
_______________________________
Lori Hensen, City Clerk

Consent Business
TO:

Mayor and City Council

FROM:

Mike Hullander, Public Works Superintendent

DATE:

08/16/2016

SUBJECT:

*Purchase Mower and Cab (E)

5. C. 1.

Action Sought
Approve the purchase of one new John Deere 1570 Mower and Cab from Ag Power
Enterprises. Inc. for the purchase price of $18,000.00 after trade-in. Funding to be expended
from the Capital Equipment Internal Service Fund.
Background
In previous memo's to Council dated September 1, 2015 and April 5, 2016, staff explained that
John Deere has discontinued the Model 1445 mower, which discontinued our re-purchase
agreement, therefore is not available at this time.
Staff recommends trade-in ($16,142.03) of unit #135, a 2013 John Deere 1445 Mower and Cab
for purchase ($34,142.03) of unit #135-16, a John Deere 1570 Mower and Tektite Cab using
State of Minnesota pricing contract #4425-5 for a cost of $18,000.00.
Staff has negotiated a re-purchase agreement for this equipment: $5,000.00 at 24 months plus
$10.00 for every hour over 275.
Recommendation
Approve the replacement of Unit # 135.
Budget Impact
Funds in the amount of $18,000.00 to be expended from the Capital Equipment Internal
Service Fund.

Relationship to Vision
E. Deliver effective and efficient public services by a staff of well-trained caring and
professional employees.
Requested Action
Approve the purchase of one new John Deere 1570 Mower and Cab from Ag Power

Approve the purchase of one new John Deere 1570 Mower and Cab from Ag Power
Enterprises. Inc. for the purchase price of $18,000.00 after trade-in. Funding to be expended
from the Capital Equipment Internal Service Fund.
Attachments
Mower

@ -lor* Deene

,aoPower
e ,

!__=!tqt4+E

Selling Equipment
Quote ld:

13760'153

Customer Name: CITY OF SHAKOPEE PUBLIC WORKS

ALL PURCHASE ORDERS MUST BE i'ADE


TO

(VENDOR):

Company
Run
275'13

Deere &
2000 John Deere
Cary, NC

FED lD: 36-2382580; DUNS#:

OUT

ALL PURCHASE ORDERS MUST BE SENT


TO DELIVERING DEALER:

Ag Power Enterprises, lnc.


1051 Old Hwy 169 Blvd
Belle Plaine, MN 56011

60-7690989

952-873-2224
AgPowerAdmin@agpowerjd.com

JOHN DEERE 1570 TerrainCut Commercial Front Mower (Less Mower Deck)
MN Commercial Riding Mowers 1039'16 (PG 0B)
Price Effective Date: December 14,2015

Suggested List

$ 30,318.99
Selling Price

Code

'

$ 23,648.81
* Price per item - includes Fees and Non-contract items
List Price Discount% Discount Contract Extended
Amount
Price Contract
Price
1 $ 25,916.00 22.00 $ 5,701.52 $20,214.48 $20,214.4A

Oty

Description

243OTC 1570 ferrainCut


Commercial Front Mower
(Less Mower Deck)

Standard Options - Per Unit

001A United States and Canada 1


1019 23x10.50-12 4PR Turf Drive 1
Tires

1191
2012

Four Wheel Drive (Full


or On Demand)
Air Ride Suspension
with Armrests

Time

'l

Seat 1

$
$
$

0.00
0.00

22.OO
22.00

$ 0.00

2,913.00 22.00

$ 640.86

680.00 22.00

$ 149.60

Standard Options Total


$ 3,593.00
$ 790.46
Dealer Attachments/Non-ContracUOpen Market
BTC 10529 Double Spool Auxiliary
1 $ 809.99 2200 $ 178.20
Hydraulic Kit
Dealer Attachments Total
$ 809.99
$ 178.20
Value Added Services
Total

$ 0.00

suggested Price

$
$

$ 0.00

0.00
0.00

$ 0.00
$ 0.00

$2,272.',t4 $2,272.'t4
$
$

530.40

$ 530.40

2,802.s4 $ 2,802.s4
$

631.79

$ 631.79

631.79

$ 631.79

0.00

$ 0.00

$ 23,648.81

JOHN DEERET2ln. Fastback Gommercia! Rear Discharge Deck

Confidential

Q rr"

Deene

AaPower

Selling Equipment
Quote ld:

3760'153

Customer Name: CITY OF SHAKOPEE PUBLIC WORKS

ALL PURCHASE ORDERS IIUST BE MADE


TO

-4ffi4'

(VENDOR):

Company
Run
27513

Deere &
2000 John Deere
Cary, NC
FED lD: 36-2382580, DUNS#:

OUT

ALL PURCHASE ORDERS IIUST BE SENT


TO DELIVERING DEALER:

Ag Power Enterprises, lnc.


1051 Old Hwy 169 Blvd
Belle Plaine, MN 56011

60-7690989

952-873-2224
Ag PowerAdmin@agpowerjd.com

Contract: MN Commercial Riding Mowers 103916 (PG


Price Effective Date: December '14,20'15

0B)

Suggested List*

$ 4,799.00
Selling Price *

$ 3,743.22
* Price per item - includes Fees and Non-contract items
Oty List Price Discounf/o Discount Contract Extended
Amount Price Contract

Code Description

0553TC 72 ln. Fastback Commercial

4,799.00

Price

22.00

$ '1,055.78 $ 3,743.22 $ 3,743.22

Rear Discharge Deck (For


1500 TerrainCut Front
Mowers and 1400/1500's
Series ll and Non Series ll
Front Mowers)

Standard Options - Per Unit

001A

United States and

Standard Options

Canada 1

Total

0.00
$ 0.00
$

22.00

$
$

0.00
0.00

0.00
$ 0.00
$

$ 0.00
$ 0.00

$ 3,743.22

Suggested Price

TEKTITE CAB FOR 1570

Hours:0

Gode

suggested List I
MN Commercial Riding Mowers 103916 (PG 0B)
$ 6,750.00
Selling Price '
$ 6,750.00
* Price per item - includes Fees and Non-contract items
List Price Discount% Discount Contract Extended
Description
Amount Price Contract
Price
1 $ 6,750.00
0.00 $0.00 $ 6,7s0.00 $6,750.00
CAB FOR JOHN DEERE

Oty

570
$ 6,750.00

Suggested Price

Confidential

@ -loxr,,, Deene

,ldPower
-@i,

ALL PURCHASE ORDERS MUST BE SENT

ALL PURCHASE ORDERS MUST BE MADE OUT


TO (VENDOR):

TO DELIVERING DEALER:

Deere & Company


2000 John Deere Run
Cary, NC 275'13
FED lD: 36-2382580; DUNS#: 60-7690989

Ag Power Enterprises, lnc.


'1051 Old Hwy '169 Blvd
Belle Plaine, MN 56011
952-873-2224
AgPowerAdmin@agpowerjd.com

Quote Summary
Delivering Dealer:
Ag Power Enterprises, lnc.

Prepared For:
City Of Shakopee Public Works

Ryan Wester
1051 Old Hwy 169 Blvd
Belle Plaine. MN 56011

400 Gorman St
Shakopee, MN 55379
Business: 952-233-3825

Phone. 952-873-2224
ryanwester@agpowerjd.com
Quote lD:
Created On:
Last Modified On:

Expiration
Equipment Summary

Suggested List

Date:

atv

Selling Price

1=

13760153
25 July 2016

27 )uly 2016
25 August 20'16

Extended

JOHN DEERE 1570 Terraincut


$ 30,318.99
Commercial Front Mower (Less
Mower Deck)
Contract: MN Commercial Riding Mowers 103916 (PG 0B)
Price Effective Date: December 14,2015

$ 23,648.81 X

JOHN DEERE 72 ln. Fastback


$ 4,799.00
Commercial Rear Discharge Deck
Contract: MN Commercial Riding Mowers 103916 (PG 0B)
Price Effective Date: December 14,2015

$ 3.743.22 X

$ 3.743.22

TEKTITE CAB FOR 1570

$ 6,750.00

$ 6,750.00

Contract:

$ 6,750.00

$ 23.648.81

MN Commercial Riding Mowers 103916 (PG 0B)

Price Effective Date:


Equipment Total

$ 34,142.03

Each
Oty
1 $ 14,942.03

Trade ln Summary
2013 JOHN DEERE'1445 - ITC1445D1DT130465
PayOff

$ 14,942.03
s 0.00

Total Trade Allowance


Cozy Cab

Extended

fo

$ 14,942.03

l445

$ 1,200.00
Accepted By : X

Salesperson: X
Confidential

$ 1,200.00

G)

rr*

Deene

ALL PURCHASE OROERS MUST BE MADE OUT


ro (vENDoR):
Deere & Company
2000 John Deere Run
Cary, NC 27513
FED lD: 36-2382580; DUNS#: 60-7690989

AaPower
.-t?::!

ALL PURCHASE ORDERS MUST BE SENT


TO DELIVERING DEALER:

Ag Power Enterprises, lnc.


1051 Old Hwy 169 Blvd
Belle Plaine, MN 56011

952-873-2224
AgPowerAdmin@agpowerid.com

$ 0.00

PayOff

$ 1,200.00

Total Trade Allowance

$ 16,142.03

Trade ln Total

. lncludes Fees and Non-contract items

Quote Summary
Equipment Total

$ v,142.03

Trade ln

$ (16,142.03)

SubTotal

$ 18,000.00
$ 0.00

Est. Service

Agreement Tax
$ 18,000.00

Total

Down Payment

(0.00)

Rental Applied

(0.00)

Balance Due

Accepted By : X

Salesperson : x

Confidential

18,000.00

Consent Business
TO:

Mayor and City Council

FROM:

Bruce Loney, Public Works Director

DATE:

08/16/2016

5. C. 2.

SUBJECT: *Approve a Turnback Agreement with Scott County for County Road 15 (D,E)
Action Sought
Authorize the appropriate city officials to execute the Scott County Turnback Agreement
associated with County Highway 15 from 760 feet north of CH 16 to 6th Avenue.
Background
On March 22, 2016, the City Council of Shakopee and Scott County commissioners met on
various items concerning the west end study and transportation projects. At the meeting, it was
decided to turn back CH 15 from CH 16 to 6 th Avenue to the city. Also, the county wants to
extend CH 16 from CH 15 to CH 69 as shown in the west end study. From that meeting, the
county has decided to keep CH 15 760 feet north of CSAH 16 as a county road and turn
back the rest of CH 15 to 6th Avenue.
Attached to this memo is the County Turnback Agreement from County Highway No. 15. The
agreement contains the conditions of the turnback with the county performing maintenance of
CH 15 prior to turnback. Also, a condition on working on the extension of CH 16 through the
west end study.
One additional item that will be necessary is for the city to annex the roadway into the city
limits for the roadway to be included on the Citys Municipal State Aid system.
At the August 3, 2016 City Council meeting, the Council tabled action on this agreement for
the following:
1. Ownership of bridge over TH 169
2. Clarification of item No. 6 in the agreement
3. Future costs of intersection improvements
4. Maintenance costs of roadway

On item No. 1, staff confirmed with Jon Solberg, MnDOT South Area manager, that the bridge
is MnDOT's responsibility. Any separate pedestrian bridge would be the City's responsibility.
A pedestrian bridge is estimated to cost $1.5 million to $2.0 million.
On item No. 2, attached is an email from Lisa Freese, Scott County Transportation Manager,
stating that the County is supportive of a future street connection to the TH 169 south ramp and
there is no restriction in the agreement. Also attached is a map showing the mill and overlay
area the county will be doing before the turnback. CR 15 was reconstructed by the county in
1994 with MNDOT reconstructing the rest of CR 15 in 1996 with the TH 169 project.

1994 with MNDOT reconstructing the rest of CR 15 in 1996 with the TH 169 project.
On item No. 3, future intersection costs for the TH 169 north and south ramps could be
$350,000.00 for a signal per location and approximately $500,000.00 to $700,000.00 for a
roundabout per location. The City would need MnDOT approval and can apply for Highway
Safety Improvement Project funds (HSIP) or MnDOT Cooperative Agreement funding.
The intersection improvements will not be needed until the West End Study Area has been
almost developed. Other funding sources for the City would be State Aid funds and the Capital
Improvement Fund.
On item No. 4, staff has calculated costs of future maintenance operations for a 5700' lineal
feet of roadway and 46,750 square yards of pavement. Estimated costs for future maintenance
are as follows:
20 YEAR PERIOD

1. Crack Sealing (2 times)

$14,000.00

2. Seal Coating (2 times)

$170,000.00

3. Striping (4 times)

$28,000.00

4. Mill & Overlay (year 20)

$600,000.00
$812,000.00

The average cost per year in today's dollars would be approximately $40,000.00 per year for
the 20 year period.

Recommendation
The City Administrator and County Administrator have met on the details and recommend
approval to these respected council and board. Scott County Board has already approved the
agreement.
Budget Impact
Impact to the Street Maintenance budget but the trade-off is that the city controls the access off
of CH 15 for future development north of TH 169. The city will be responsible for future
improvements to the roadway and intersections with TH 169 with MNDOT approval and
possible funding participation.
Relationship to Vision
This supports Goals D & E: Maintain, improve and create strong partnerships with other
private and public sector entities; and Deliver effective and efficient public services by a staff
of well-trained, caring and professional employees.

Requested Action
Authorize the appropriate city officials to execute the Scott County Turnback Agreement
associated with County Highway 15 from 760 feet north of CH 16 to 6th Avenue.
Attachments
Map
Turnback Agreement
Email information
Map-mill & overlay estimate
Map-Roundabouts
County & MnDOT Plans for CR 15

y
)

D D

Legend

CSAH Designation

X
W

MSAS Designation
MSAS Addition

MSAS Turnback

X
W

0.897 miles
(4,738.5 ft.)

1.393 miles
(7,358.4 ft.)

X
W
o
G

1.128 miles
(5,957.9 ft.)

0.142 miles
(753.5 ft.)

X
W
p
G

Scott County

City of Shakopee

CSAH System Addition: CSAH 69


(Old Brick Yard Rd) &
New Alignment CSAH 16 (17th Ave W)
CSAH Revocation: CSAH 15 (Adams St S)
MSAS System Addition: Turnback & New Mileage

0.15

0.3 Miles

Date: July 7, 2016

CP 15-12
Turnback Agreement
County of Scott
City of Shakopee

CITY OF SHAKOPEE
SCOTT COUNTY
TURNBACK AGREEMENT
COUNTY HIGHWAY NO. 15
THIS AGREEMENT, made and entered into this ___ day of _______,
2016, by and between the City of Shakopee, a body politic and corporate under the
laws of the State of Minnesota, hereinafter referred to as the City and the County
of Scott, a body politic and corporate existing under the laws of the State of
Minnesota, hereinafter referred to as the County, both hereinafter collectively
referred to as the Parties.
WITNESSETH:
WHEREAS, the County seeks to reconvey to the City, County Highway
(CH) 15, from 760 feet north of the north right-of-way line of CH 16 to 6th Avenue
West in the City of Shakopee, including all County owned right-of-way, as shown on
Attachment 1.
WHEREAS, the County Board of Commissioners has the authority under
Minnesota Statute 163.11 to turnback County roads to Cities; and
WHEREAS, CH 15 no longer serves a County highway function north of
CH 16 as discussed at the joint workshop of the City Council and County Board.
The roadway primarily provides local collector and B minor arterial access within
the City of Shakopee to the north of CH 16 and serves less of a mobility function
and, thereby, being better suited to be on the City roadway system; and
WHEREAS, the County needs to maintain control of the influence area of
the CH 16 and CH15 intersection to ensure proper function of the operations of this
intersection in the future; and
WHEREAS, the Parties desire to transfer jurisdiction of a portion of CH 15
in an orderly fashion and have therefore set forth their respective obligations to
accomplish this objective; and
WHEREAS, the City has prepared a West End Study and has developers
considering subdivision of property which includes extending CH16 from its current
termini at CH 15 to the west concluding at CH 69.

Page 1

CP 15-12
Turnback Agreement
County of Scott
City of Shakopee

WHEREAS, as also discussed at the joint meeting of City/County/Township


on March 22, 2016, the City agrees to follow the Countys access management
strategies and policies on CH 69 and CH15 to the south of CH 16 within the City
limits to ensure safe and continuous movement of traffic; and
WHEREAS, this includes no access on CH 69 between the north ramp and
Vierling Drive and no access on CH 15 between the south ramp and CH 16 as these
highways both provide A minor arterial functions on the highway system.
NOW, THEREFORE, IT IS HEREBY AND HEREIN MUTUALLY
AGREED, in consideration of each Party's promises and considerations herein set
forth, as follows:
1.

Transfer of jurisdiction of the portion of CH 15 located within the City as


described in Attachment 1 and depicted in Attachment 2, shall be in
accordance with Minnesota Statute 163.11. Full execution and approval
of this Agreement by both parties shall be deemed to satisfy the
requirements of that statute. Transfer of jurisdiction is contingent upon full
execution and approval of this Agreement, and adoption of a revoking
resolution by the Scott County Board of Commissioners. The effective date
of this transfer shall be August 30, 2015 if completion of the fully executed
agreement occurs sooner.

2.

The County shall provide the City with all available diagrams, as-built
surveys, right of way information, traffic engineering documentation, and
with copies of all active highway and utility permits, where applicable. The
County shall provide documentary evidence of transfer of ownership to the
Scott County Recorder at its sole expense.

3.

The County represents and warrants to the City that:


a.

the County holds the roadway free and clear of all liens, charges and
encumbrances; and

b.

the County has received no notice of any action, litigation,


investigation or proceeding of any kind pending against the County
or the roadway, or any part thereof, nor to the best of the Countys
knowledge, is any such action, litigation, investigation or proceeding
pending or threatened; and

Page 2

CP 15-12
Turnback Agreement
County of Scott
City of Shakopee

c.

the County has not entered into any contract or agreement with any
third party which affects the roadway, the term of which extends
beyond the date of this Agreement.

4.

Scott County shall execute the quit claim deed necessary for conveying this
segment to the City of Shakopee.

5.

The County shall do a mill and overlay, restriping and sign replacement
prior to the release of the roadway.

6.

The City agrees that it will not permit any new entrances other than those that
exist as of May 1, 2016 on CH 15 between CH 16 and the Trunk Highway
(TH) 169 south ramp terminal. The City also agrees that the existing field
access on the west side and residential access on the east side of this segment
will be removed when those properties are developed/redeveloped. See
Attachment 3.

7.

The City commits to compliance with the Minor Arterial access guidelines
on CH 69 north of TH 169 and will not allow access between the ramp
terminal and Vierling Drive.

8.

The City and County will work together with development to ensure that
CH 16 is extended between CH 15 and CH 69 as shown in Attachment 4.
The roadway design will most likely be a two lane highway and must be
built to County State Aid design standards. The County will allow a
median and landscaping in the boulevard, if the City agrees to maintenance
of these elements and conducts the appropriate permit review for sight
distance and clear zone. The final design will be agreed to at the actual
time of construction, given land uses developed may impact traffic
projections for the roadway.

9.

City shall assume all responsibility for the road upon the completion of the
transfer.

10.

The County shall indemnify the City against, and shall hold the City
harmless from, any loss, cost, expense or damage, including reasonable
attorneys fees, directly arising out of or resulting from the Countys breach
of any of the representations and warranties herein contained, whether such
loss, cost, expense or damage arises prior to or after the date of this
Agreement, provided that the City did not have knowledge of said breach
on or before the date of this Agreement.
Page 3

CP 15-12
Turnback Agreement
County of Scott
City of Shakopee

8.

This Agreement is between the City and the County as the only parties and
no provision of this Agreement shall in any way inure to the benefit of any
third person (including the public at large) so as to constitute any such
person as a third party beneficiary of the Agreement or of any one or more
of the terms hereof, or otherwise give rise to any cause of action in any
person not a party hereto.

9.

This Agreement represents the full and complete understanding of the


Parties and both Parties represent that neither Party is relying on any prior
agreements or understandings, whether oral or written. This Agreement
shall be modified, if at all, with the signed, written consent of both Parties.

Page 4

CP 15-12
Turnback Agreement
County of Scott
City of Shakopee

IN WITNESS WHEREOF, the City and the County have caused this
Agreement to be duly executed on the day and year first above written.
CITY OF SHAKOPEE
(SEAL)

By
Bill Mars, Mayor

And

Date

Date

William H. Reynolds,
City Administrator

COUNTY OF SCOTT
ATTEST:
By
Gary L. Shelton,
County Administrator

By

Date

Date

Barbara Marschall,
Chair of Its County Board

RECOMMEND FOR APPROVAL:


By
Anthony J. Winiecki,
County Engineer
Date
APPROVED AS TO FORM:
By
Jeanne Andersen,
Assistant County Attorney
Date
Page 5

CP 15-12
Turnback Agreement
County of Scott
City of Shakopee

Attachments: Title Transfer Documents


Attachment
Attachment
Attachment
Attachment

1: Description
2: Turnback Map
3: Access Management Plan Between CH 16 & South Ramp
4: CH16 Future Extension

Page 6

CP 15-12
Turnback Agreement
County of Scott
City of Shakopee

Attachment 1
Description of Turn Back
Commencing at Right of Way Boundary Corner B16 as shown on MINNESOTA
DEPARTMENT OF TRANSPORTATION RIGHT OF WAY PLAT NO. 70-15, according to the
record plat thereof, on file in the Office of the County Recorder in and for Scott County,
Minnesota; thence North 03 degrees 12 minutes 18 seconds West, along the boundary
of said plat, a distance of 30.00 feet; thence North 88 degrees 29 minutes 48 seconds
East, perpendicular to the east line of the Northeast Quarter of Section 14, Township
115 North, Range 23 West, Scott County, Minnesota, to the intersection with the
centerline of Scott County State Aid Highway No. 15, said point being approximately
1480 feet north of the southeast corner of said Northeast Quarter, the same being the
point of beginning; thence northerly along the centerline of said Scott County State Aid
Highway No. 15 to its intersection with the centerline of 6th Avenue in the City of
Shakopee and there terminating.

Page 7

D
D D

G
X
W

Jurisdiction

Legend

Scott County

City of Shakopee

G
X
W
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t.
sS
am
Ad
1.251 miles
(6,604.9 ft.)

d
S
p
G
X
W

G
X
W
Scott County

0.142 miles
(753.5 ft.)

City of Shakopee

CSAH 15
Turnback

0.15

0.3 Miles

Attachment 2

!
!
!

Future Public Street

Proposed County Right-of-Way Endpoint

!
!

County Access Control

No Access

!
!

Existing Roads

o
G
X
W

!
!
!
!
!
!
!

D
!

!
!

!
!

!
!

!
!

State Access Control

Existing Right-of-Way
!

Access Removal when Developed

y
)

Legend

!
!
!
!

!
!
!
!
!
!
!

o
G
X
W

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!
!
!
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p
G
X
W
Scott County
Community Services Division
600 Country Trail East
Jordan, MN 55352

!
!

Access Management Plan


Between CH16 and South 169 Ramp
Date: May 27, 2016

125

250

500 Feet

Attachment 3

!
!
!

y
)

D D

D D

DD

D D

Alternative 1

X
W

Alternative 2

Alternative 3

X
W

Legend
Shakopee West End Study Area
Principal Arterial
A Minor Arterial

B Minor Arterial
Planned

General Planned Alignment

X
W
p
G

Planned A Minor Arterial


Collector Alternatives
Elevation (10 ft.)
Existing Roads

Jurisdiction

n
X
W
G

Jackson Township

X
W
p
G

X
W
o
G

Louisville Township
City of Shakopee

Scott County
Community Services Division
600 Country Trail East
Jordan, MN 55352

Future Minor Arterial and Collector


Roadway System Plan
Jackson Township Area
Date: May 13, 2016

0.125

0.25

0.5

Miles

Attachment 4

Date Printed: 3/2/2016


Filename:

K:\Shakopee\Roundabouts\CSAH 15 at TH 169 - 2013.dgn

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gDr
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i
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e
Vi

COUNTY

15
Trail Connection

Proposed Walk

169

e
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e
hAv
t
7
1

0'

150'

Potential Improvement Projects


City of Shakopee, Minnesota

Consent Business

TO:

Mayor and City Council

FROM:

Jamie Polley, Parks & Recreation Director

DATE:

08/16/2016

5. D. 1.

SUBJECT: *Approve Design Services for the Memorial Park Bridge Replacement (A)
Action Sought
To approve an agreement with WSB and Associates to complete the design service for the replacement of the
Memorial Park bridge.

Background
In January of 2015 the Memorial Park bridge was removed following the mandate to close the bridge in the fall
of 2014. The bridge included structural deficiencies and could not be repaired.

Discussion
The city applied for a Federal Trails Grant with the Minnesota Department of Natural Resources and was
awarded $150,000 for the replacement of the bridge. The replacement of the bridge is supported by the County
and Shakopee Mdewakanton Sioux Community who both wrote a letter of support that was included with the
grant application. The SMSC has also donated $10,000.00 towards the project.
To move the project forward, final design and specifications need to be completed. WSB and Associates have
submitted a cost estimate not to exceed $54,856 for design services and construction management. Final design
service are $49,969 and the construction management services are $4,887 when the bridge is installed. Any
cultural resource and/or archeological investigation will be performed under a separate agreement with other
entities.
The $150,000 grant included the bridge structure only and therefore there is a potential to install the abutments
yet this fall with the placement of the bridge as soon as the grant contract is approved. Staff is currently
completing the grant documentation required.

Budget
The City Council approved $150,000 for the bridge in the 2016 Park Asset Plan. The cost of the design services
will come from the Park Asset Fund. The SMSC has donated $10,000. The donation and the grant award will go
towards the construction of the bridge. Completing the final design and specifications will provide the city with
a more accurate cost estimate for the project. Staff is seeking additional funding from other sources.

Relationship to Vision
A. Keep Shakopee a safe and healthy community where residents can pursue active and quality lifestyles.

Requested Action
The City Council, by motion, should approve an agreement with WSB and Associates in the amount not to
exceed $54,856 for the completion of the final plans and specifications for the Memorial Park bridge
replacement and authorize the appropriate staff to enter into the agreement.

Attachments

WSB Proposal

Consent Business
TO:

Mayor and City Council

FROM:

Jamie Polley, Parks & Recreation Director

DATE:

08/16/2016

5. D. 2.

SUBJECT: *Acceptance of Multiple $1,000.00 Donations for the Shakopee Fun For All
Playground, Res. No. 7760 (A,B,D)
Action Sought
To accept multiple donations of $1000.00 for the Shakopee Fun For All Playground.
Background
On March 2, 2016 the City Council approved the concept of an inclusive playground at Lions
Park and authorized the fundraising efforts of the Fun For All Task Force for the park
equipment. Task force members have been meeting with individuals, local business owners,
corporations and various organizations.
Many generous donators have come forward in many ways. Some of the donators have donated
$1,000.00 to the project. Per the city requirements for donations, any monetary donation of
$1,000 or more needs to be accepted by two-thirds vote of the City Council. Four
significant donations of $1,000 or more have been received from individuals and businesses
who are wonderful supporters of the community. The donators include Shakopee Public
Utilities Commission ($4,500), Pediatric Home Services, McNearney Funeral Home and Bruce
Theis.
Recommendation
To accept the generous donations in support of the Shakopee Fun For All Playground.
Budget Impact
The donation helps to meet the funding goal of $400,000 to construct the inclusive playground.
Relationship to Vision
A. Keep Shakopee a safe and healthy community where residents can pursue active and
quality lifestyles.
B. Positively manage the challenges and opportunities presented by growth development and
change.
D. Maintain improve and create strong partnerships with other public and private sector
entities.
Requested Action

If the City Council concurs, it should, by motion adopt Resolution No. 7760, a resolution of the
City of Shakopee, Minnesota, accepting multiple $1,000.00 donations for the Shakopee Fun
For All Playground, and move its adoption.
Attachments
Resolution No 7760

RESOLUTION NO. 7760


A RESOLUTION OF THE CITY OF SHAKOPEE, MINNESOTA
ACCEPTING MULTIPLE $1,000 DONATIONS FOR THE SHAKOPEE FUN
FOR ALL PLAYGROUND.
WHEREAS, on November 6, 2002, the City Council adopted Resolution
No. 5794, which established procedure relating to the receipt of gifts and
donations by the City; and
WHEREAS, Resolution No. 5794 specifies that donations or gifts shall be
accepted by resolution of the City Council, and shall require a two-thirds majority
of the Council for acceptance; and
WHEREAS, avid supporters of the City of Shakopee have generously
donated $1,000 to the Shakopee Fun For All Inclusive Playground; and
WHEREAS, donations will assist in constructing a unique playground that
will provide a positive playing experience for all community members, young to
old and of all abilities.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
THE CITY OF SHAKOPEE, MINNESOTA, that the donations are gratefully
accepted; and
FURTHER, the City staff is directed to send a letter to the donors,
acknowledging receipt of the gifts and expressing the appreciation of the City
Council.
Adopted in regular session of the City Council of the City of Shakopee,
Minnesota held this 16th day of August, 2016.
______________________________
William Mars
Mayor of the City of Shakopee
ATTEST:
___________________________________
City Clerk

Consent Business

TO:

Mayor and City Council

FROM:

Darin Nelson, Finance Director

DATE:

08/16/2016

SUBJECT:

*City Bill List (F)

5. E. 1.

Action Sought
Attached is the most recent monthly Financial Report for the General fund. These reports
reflect the expenditures as recorded for 2016 activity. The following transactions are notable
for this reporting cycle:
The Citys BISS contribution for the 2016 Coop Agreement with Scott County for their
new Public Safety Information System (PSIS) is being paid to Scott County, $15.888.19.
OPG-3 has requested the 1st half payment for the Laserfiche Rio Upgrade, $17,939.50.
Included in the check list are various refunds, returns, and pass through.
Action Requested
Move to approve the bills and electronic funds transfers in the amount $2,617,132.85 payroll
transfers in the amount of $515,597.38 for a total of $3,132,730.23.

Attachments
Bill List
Monthly Financial Report
Check Register
Check Summary

FundstransferredelectronicallyAugust4,2016toAugust16,2016
PAYROLL
FIT/FICA
STATEINCOMETAX
PERA
HEALTHCARESAVINGS
HEALTHSAVINGSACCT
NATIONWIDEDEFCOMP
ICMADEFERREDCOMP
MSRS
FSA
Total

291,939.10

$ 91,669.55
$ 18,339.99
$ 80,292.66
$ 11,439.83
$5,320.78

$ 10,748.01
$ 2,004.02
$ 3,075.19
$ 768.25
$ 515,597.38

8/12/2016 8:43:45 AM

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Consent Business

TO:

Mayor and City Council

FROM:

Lori Hensen, City Clerk

DATE:

08/16/2016

SUBJECT:

*City Council Minutes of July 19 and July 25, 2016 (F)

Action Sought
Approve the minutes of July 19 and July 25, 2016.
Attachments
July 19 2016
July 25 2016

5. E. 2.

Public Hearings

7. A.

TO:

Mayor and City Council

FROM:

Samantha DiMaggio, Economic Development Coordinator

DATE:

08/16/2016

SUBJECT: Business Subsidy Extension Request Shutterfly, Inc., Res. No. 7759 (D)
Action Sought
Shutterfly, Inc. has requested that the City Council hold a Public Hearing to consider the
adoption of Res. No. 7759, a Resolution Approving the Compliance Date Extension with
Respect to the Business Subsidies Provided to Shutterfly, Inc.
Background
On August 7, 2013, the City Council Awarded Business Subsidies to Shutterfly, Inc. which
included a 9-year Tax Abatement totaling $758,771, Sewer Availability Charge (SAC) credits
valued at $174,600 and a Minnesota Investment Fund (MIF) Forgivable Loan for $1,000,000.
The Contract for Private Development, dated October 8, 2014, required that Shutterfly, Inc.
meet its job and wage goals within 2 years of the benefit date. The Benefit Date for the Tax
Abatement and SAC Credits is May 27, 2014 and SAC Credits and August 1, 2014 for the
MIF Loan, giving Shutterfly until May 27, 2016 and August 1, 2016, respectively, to meet
their wage and job goals.
Shutterfly, Inc. was 28 jobs short of their job creation goal therefore they are requesting a
one-year extension. Shutterfly was required to create 258 new full time employees with an
average wage of $18.78/hour (exclusive of benefits) within 2 years of the benefit date. The
City received a payroll report from Shutterfly dated June 30, 2016 which lists 230 full time
employees or 89% of the required number of jobs. The average wage for the new job created
was $24.81 which exceeded the goal outlined in the Contract for Private Development. The
current number of employees at each wage level, as reported by Shutterfly as of June 30,2016,
are identified as follows:
Under
$14.50
3

$14.50 - $17
101

$17.01-$20 $20.01-$23 $23.01-$28 $28.01-$30 Over $30


26

17

20

55

Pursuant to Minn. Stat. 116J.994, subd. 5, for deadlines to be extended, the Council and EDA
must hold a public hearing. The maximum extension allowed is one year.
Under the Remedies portion of the Private Development Contract, if Shutterfly fails to meet
any requirements outlined in the agreement, City would have the options to: a) terminate the
contract and request a repayment based upon a pro rata share; b) leave the contract active and

reduce payments based upon the percentage of jobs created; or, c) do nothing and continue the
payments per the terms of the contract.
Shutterfly currently has numerous full time positions listed on their website and held a job fair
at their Shakopee facility on August 11, 2016. Shutterfly is completing in a tight job market
especially given the current unemployment rate of Shakopee 3.3%.
Since Shutterfly is making the attempt to fulfill the contract requirements, staff is proposing
that the Council choose option b) and authorize staff to pay the 2016 annual Tax Abatement
based upon the pro rata share of positions created. If Shutterfly would have met all their job
creation goals, they would have been eligible for the full Tax Abatement amount of $61,055.
Shutterfly has met 89% of the job creation requirements, therefore, staff is suggesting a
reduced Tax Abatement totaling $54,338.95 which will be paid to the company in two annual
installments.
Recommendation
Staff is recommending a one year extension be granted and that Shutterfly, Inc. be paid a total
2016 Tax Abatement of $54,338.95, paid in two annual installments of $27,169.48.
Budget Impact
There are no additional impacts to the budget.
Relationship to Vision
This supports Goal D, "Maintain, improve, or create strong partnerships with other public or
private sector entities."
Requested Action
If the Council concurs, it should offer Resolution 7759, A Resolution Approving the
Compliance Date Extension with Respect to the Business Subsidies Provided to Shutterfly, Inc.
and authorize that the 2016 Tax Abatement totaling $54,338.95 be paid to Shutterfly.
Attachments
Res. No. 7759
Extension Request
Tax Breakdown

CITY OF SHAKOPEE, MINNESOTA


RESOLUTION NO. 7759

RESOLUTION APPROVING COMPLIANCE DATE EXTENSION WITH


RESPECT TO BUSINESS SUBSIDIES PROVIDED TO SHUTTERFLY,
INC.

WHEREAS, Ryan Companies US, Inc., a Minnesota corporation, has constructed an


approximately 187,000 square foot building for use as a manufacturing facility, office, and call center (the
Minimum Improvements), on real property (the Development Property) located in the City of
Shakopee, Minnesota (the City), and Shutterfly, Inc., a Delaware corporation (the Developer), leases
the Minimum Improvements and purchase equipment in order to operate a manufacturing facility with
related office, and call center space within the Minimum Improvements; and
WHEREAS, the City, the Economic Development Authority for the City of Shakopee, Minnesota
(the Authority), Scott County, Minnesota (the County), and the Developer entered into a Contract for
Private Development, dated October 8, 2014 (the Contract), pursuant to which the Developer agreed to
develop the Minimum Improvements and the City, the Authority, and the County agreed to provide
certain economic assistance to reimburse the Developer for certain costs related to the purchaser of
equipment needed for its manufacturing facility; and
WHEREAS, the economic assistance provided by the City under the Contract is a tax abatement
from the City for up to nine years in the maximum amount of $758,771, pursuant to Minnesota Statutes,
Sections 469.1812 through 469.1815, as amended, with an annual amount not to exceed $89,431, as well as
sewer access charge credits from the City in the amount of up to $174,600; and
WHEREAS, the economic assistance provided by the City to the Developer constitutes a business
subsidy under Minnesota Statutes, Sections 116J.993 to 116J.995, as amended (the Business Subsidy Act);
and
WHEREAS, Section 3.10 of the Contract includes certain job and wage goals to be satisfied by the
Developer prior to the compliance date set forth in the Contract (the Compliance Date), and if such goals
are not met the Developer is required to make payments to the City or reduce the payments received as
described in Section 3.10(c) of the Contract; and
WHEREAS, the Developer has requested an extension of the Compliance Date for up to one year;
and
WHEREAS, the City Council of the City held a duly noticed public hearing as required by
Section 116J.994, subdivision 5 of the Business Subsidy Act on August 3, 2016, regarding the extension of
the Compliance Date; and
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
SHAKOPEE, MINNESOTA, AS FOLLOWS:
1.

The recitals set forth in this resolution are incorporated into and made a part hereof.

484461v1 JAE SH155-316

2.
The Compliance Date is hereby extended to May 27, 2017, and such extension is deemed
to be made a part of the Contract.
3.
The Mayor and the City Administrator are authorized and directed to execute any documents
or certificates necessary to carry out the transactions described herein.
4.
Except as specifically amended by this resolution, the Contract is hereby ratified and
confirmed and remains in full force and effect.
5.
City staff and consultants are authorized to take all further actions necessary to assist the
City in performing its obligations under this resolution and the Contract.
Approved by the City Council of the City of Shakopee, Minnesota this 16th day of August, 2016.

Mayor

ATTEST:

City Clerk

2
484461v1 JAE SH155-316

General Business

TO:

Mayor and City Council

FROM:

Kyle Sobota, Senior Planner

DATE:

08/16/2016

SUBJECT:

West Vierling Acres First Addition - Res. No. 7761

11. A. 1.

Action Sought
Offer a motion to approve Resolution No. 7761, a resolution approving a Retail Center Planned
Unit Development of West Vierling Acres, the Preliminary and Final Plat of West Vierling
Acres First Addition, and Conditional Use Permits for multiple principal structures on one lot,
a gas station, car wash, open sales lot, and an over-height structure.
Property Information
Site Address: Unassigned, Vierling Dr W / Adams St
Property Owner: Cal and Sharon Haasken
Property ID: 27-912050-0
Site Acreage: 23.89 Acres (16 acres B-1, 7.89 acres R-3)
Zoning: B-1, Highway Business / R-3, Multiple-Family Residential
Comp. Plan: Commercial, High Density Residential
Introduction:
Randy Downs, representing Hy-Vee, Inc. has applied for a preliminary and final plat to
develop a Retail Center Planned Unit Development (PUD) and multiple conditional use
permits (CUPs) for development of an approximately 95,800 square-foot full service grocery
store with a liquor store and restaurant, a 4,300 square-foot convenience store with drive thru,
a four-bay automatic car wash, medical office building, and a 100-unit apartment building. Site
plans and building elevations are attached.
Background:
This property was included in the West Shakopee Land Use Study that was adopted by the City
Council on April 19, 2016. The study contemplated the development of this property for
commercial and medium density residential development. The size and location of the
commercial area and residential area is consistent with the study concept.
The R-3 zone allows development from 8-14 units / acre, which fits the medium density area
in the West End Study. Including the outlots for stormwater ponding, the proposed density is
14 units / acre. During discussions for the West End Land Use Study, the City Council
specifically mentioned the eastern portion of this site as a site for R-3 development and
approved the rezoning from R1B to B-1 and R-3 earlier this year.
The applicant is proposing a site to accommodate 100 apartment units on the
southeastern portion of the site, which would require a final plat prior to development. The
northern portion of the residential zoned area is proposed as stormwater ponding.

northern portion of the residential zoned area is proposed as stormwater ponding.


PUD Discussion:
City Code requires retail developments that total greater than 50,000 square-feet of floor space
to be part of a Retail Center PUD. The proposed development is greater than 100,000
square-feet of commercial space, so a PUD is required. The Planning Commission and City
Council both review PUD requests.
Conditions required in the City Code for Retail Center PUDs relate to providing internal
pedestrian connections, building materials on all sides of buildings being the same or similar
materials, screening of materials and mechanical equipment, requiring monument
style freestanding signs, and landscaping. Planned Unit Developments may have certain parts
of the code relaxed, such as setbacks, lot size, or building design, but land uses must comply
with the underlying zoning district and the specific conditions for PUDs in City Code.
The proposed Hy-Vee development is considered a mixed use development, as it has a
proposed residential and commercial component. The applicant is proposing to provide internal
pedestrian connections to all of the uses, and is proposing landscaping that complies with
requirements. The applicant is proposing a pole sign along exit ramp for US 169. To comply
with City Code, this sign must be a monument sign. A monument sign is planned adjacent to
Vierling Drive. The proposed development meets other requirements for PUDs. The proposed
grocery store includes a restaurant with patio area, liquor store, and drive-thru pharmacy /
grocery pick up.
Plat Discussion:
The proposed plat involves the creation of two lots and four outlots. Lot 1 is the lot for the
Hy-Vee store, Lot 2 is for the convenience store and car wash. Outlot C is proposed as a
medical office / professional building, Outlot D is the proposed 100-unit apartment building.
Hy-Vee intends to sell Outlots C and D to another developer. Outlots A and B are proposed to
be ponding areas.
The proposed accesses to the site are via Adams Street and Vierling Drive. The applicant is
proposing a right-in, right-out on Adams Street, and two full accesses to Vierling
Drive. Harvest Lane currently ends at the eastern lot line of the site and has a temporary
cul-de-sac. The proposed plat dedicates a connection between Harvest Lane and Vierling
Drive that aligns with Parkview Court. The applicant has proposed the construction of Harvest
Lane when the apartment building (Outlot D) develops. Staff will be requiring that the
temporary cul-de-sac on Harvest Lane be removed and the area re-graded and restored with the
extension of the street.
The applicant's engineering consultant completed a traffic impact study that contemplates the
development of the entire site and included a 200 unit apartment building. The study was
completed prior to the City Council approving a rezoning that limits the residential site to 100
units, decreasing the number of anticipated trips. Expected trip generation in ITE manuals for
multi-family housing is 8-9 daily trips / unit. The applicant's engineer and the city's consultant
has stated that the existing roadways can support the current development of the site.
Improvements will be anticipated when areas south of US 169 develop.
The city hired Bolton and Menk to review the traffic impact study and present their findings.

The city hired Bolton and Menk to review the traffic impact study and present their findings.
On July 19th, Bolton and Menk presented their findings to the City Council and recommended
that the applicant shift the west access to Vierling Drive 50' to the east to allow for additional
space for vehicles turning from Vierling Drive to Adams Street. The applicant has provided a
revised plan that addresses the access location. It is anticipated that there will be future
improvements to the ramps at US 169 and Adams Street / Marystown Rd. Scott County is in
the process of turning back CSAH 15 (Adams Street) to the City of Shakopee. County
Highway standards would not permit access to the site from Adams Street.
CUP Discussion:
The applicant is proposing multiple CUPs: an over-height structure CUP for the apartment
building, a gas station, car wash, open sales lot, and on-sale liquor after 10:00 p.m. The
location of the patio / restaurant in the grocery store building is greater than 100' from a
residential use, so a conditional use permit is actually not required.
Over-height structure:
The R-3 zone allows for structures up to 35' in height. The applicant is proposing a 3 story
building with underground parking that is proposed to be approximately 40' in height. The
proposed building has a pitched roof and is approximately 200' from the eastern property line.
The applicant has included a shadow study that depicts the shadows cast by the building at
different points in the day and calendar year. In all conditions, the shadow of the building does
not reach the adjacent residential properties. Staff is recommending approval of the applicant's
request.
Gas Station:
The applicant is proposing a gas station / convenience store with 8 pump islands on the
western portion of the site. Elevations for the convenience store and canopy are attached. On
the east side of the convenience store building the applicant proposes a drive-thru for sales of
coffee. The proposed drive thru has stacking for greater than six cars and does not interfere
with circulation on the site. City Code allows for two canopy signs, the applicant is
proposing three signs on the canopy. Staff is comfortable with allowing an additional canopy
sign as part of the PUD review, as the canopy is visible on 3 sides from public streets. The gas
station and car wash are on one property, a multiple principal structures CUP request has been
included.
Open Sales Lot:
Hy-Vee is proposing to have a garden center in the southern part of the parking lot, or the
eastern part of the parking area north of the grocery store. Staff is proposing a 60-day limit for
the garden center and that the garden center not block drive aisles. A building permit or fire
permit is required for the installation of any buildings for the garden center. The applicant is
permitted to have an open sales lot in only one of the proposed locations.
Car Wash:
A four-bay automatic car wash is proposed in the northwest corner of the site. City Code
requires space for stacking of 3 vehicles. The applicant is proposing stacking for 5 vehicles.
City Code requires parking stalls for car washes at the ratio of 1 per 3 bays. The applicant is
not proposing off-street parking outside of spaces adjacent to the vacuum. Since this is only an
automatic car wash, staff does not believe any additional parking is required in this case.

Review Comments: Other city departments and outside agencies have reviewed the
applicant's request and have provided comments, comments are listed below. Individual
memorandums received are attached.
Parks and Recreation:
A trail is recommended along Adams Street connecting to the existing trail along Vierling
Drive. The applicant has shown a trail on a recently revised plan, but the applicant would
like to defer construction of the trail to a time that a trail crossing of US 169 is available.
Lots 1 and 2 are subject to payment of park dedication fees based on net acreage. A net
acreage calculation must be provided for review.
Natural Resources:
The landscape plan must comply with city details and planting guidelines.
The landscape islands in the parking lot must comply with area and soil volume
guidelines.
Ash, Maple, and Spruce trees do not count toward landscaping requirements due to
over-planting and insect / disease issues.
Financial security for landscaping will be required at the time of building permits.
City Clerk:
The City Clerk has reviewed the request and is requiring the approval of a liquor license. The
applicant is proposing a restaurant and patio area with liquor sales after 10:00 p.m, as well as a
liquor store. The restaurant and patio are both greater than 100' from any residential
use, service after 10:00 p.m. is considered a permitted use by the zoning code.
City Engineering:
See attached memorandum.
MnDOT:
See attached memorandum.
Shakopee Public Utilities:
Shakopee Public Utilities is requiring that the water service plan for the site be coordinated to
include all future uses on the site.
Adjacent Property Owner Comments:
Preliminary Plats, CUP, and PUD applications all require public hearing notices be sent to
property owners within 350' of a development. Staff received three comments during
this review.
One comment received is an attached e-mail chain from a resident that is requesting that a wall
be built prior to any construction. None of the other commercial developments that are
adjacent to residential developments in Shakopee have walls, nor has the City required fences
to be built for residential construction adjacent to existing residential developments. Staff
typically sees construction fencing and erosion control is required to contain soils on the site.
In the case of dust, City Code requires property owners to control dust on their site during and
after construction.

The Cub Foods building is directly adjacent to residential development and has a fence and
landscaping as screening. Staff has been made aware of cases of vandalism and damage to the
fence for people to gain access to the Cub store. The areas adjacent to the Freedom
Townhomes are ponding areas, staff is recommending that landscaping be installed adjacent to
the ponding areas, as the proposed medical office parking lot is approximately 320' from the
nearest unit.
A pedestrian connection is also provided to the store from the trail along Vierling Drive, so it
is not expected that people will use the eastern portion of the site / ponding area as a shortcut to
the grocery store or convenience store. Staff is also requiring a pedestrian connection along
Harvest Lane, which also limits the likelihood of the common space being used as a shortcut.
The proposed plan for the apartment building includes extensive landscaping and a privacy
fence. Because of the amount of landscaping provided, staff does not believe a fence would be
required.
Staff has provided the comments to the applicant and has continued to discuss screening
options with the residents. Conditions in the draft resolution relating to the planting of trees on
Outlot B and the Freedom Townhomes common area to supplement the existing landscaping
are provided.
The second comment received was an email from a resident requesting that the store
orientation be adjusted and regarding the restoration of the temporary cul-de-sac. Staff has
added a draft condition regarding the restoration of the temporary cul-de-sac area. The email
chain is attached. The last comment received was a question about the location of liquor sales
and hours of operation.
Planning Commission Recommendation:
At the August 4th Planning Commission meeting, the Planning Commission reviewed the
project and gave a positive recommendation, with conditions by a vote of 3-1. The
Commission did not recommend that the City Council approve the over-height structure
conditional use permit for the apartment building. Three members of the Commission are
uncomfortable recommending approval of the conditional use permit if a specific developer of
the apartment building is unknown. The dissenting vote was by a Commissioner that desired a
positive recommendation of approval of the project including the over-height structure request.
Staff is recommending that the City Council approve the Conditional Use Permit for the
over-height structure, based on a developer constructing a building and developing the site that
is generally consistent with the attached plans. The over-height structure request allows for
underground parking and higher ceiling in the units. If a developer desires to develop the site in
a different manner, the Planning Commission and Council must review the plans as part of a
PUD Amendment request.
Attachments
Location
Aerial Photo

ALTA Survey
Preliminary Plat
Final Plat
Grocery Store Elevation
Grocery Store Elevation East Side
Gas Station / Car Wash Elevations
Adams Street Trail
Site Civil / Landscape Plans
Grocery Store Floor Plan
Apartment Building Elevation
Apartment Site / Landscape Plan
Apartment Bldg Shadow Study
Engineering Memo
MnDOT Memo
Traffic Study Review
Resident Emails
Resident Email 2
Resolution No. 7761

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http://gis.co.scott.mn.us/ScottGIS2.0/WebForms/Print.aspx?img=http://gis.co.scott.mn.us/ServicesTemp/_ags_8699f9e6.jpg

Page 1 of 1

6/2/2016

FIELD BOOK

PAGE

DRAWING NAME:
JOB NO.
FILE NO.

FIELDWORK
CHIEF:
DRAWN BY:
CHECKED
BY:

REVISIONS

ALTA/NSPS LAND TITLE


SURVEY

SURVEY FOR:

PROPERTY ADDRESS:

LEGEND

SEC. 12 T115N R23W


DETAIL

DETAIL 'A'

Kimley-Horn & Associates

County Road No. 15


Shakopee, Minnesota 55379

SITE

VICINITY MAP

1229 Tyler Street NE, Suite 100


Minneapolis, Minnesota 55413
PHONE: (612) 466-3300
FAX: (612) 466-3383
WWW.EFNSURVEY.COM

SHEET 1 OF 2

FIELD BOOK

PAGE

DRAWING NAME:
JOB NO.
FILE NO.

FIELDWORK
CHIEF:
DRAWN BY:
CHECKED
BY:

REVISIONS

ALTA/NSPS LAND TITLE


SURVEY

SURVEY FOR:

PROPERTY ADDRESS:

EVIDENCE OF POSSIBLE
ENCROACHMENT DETAIL

Kimley-Horn & Associates

County Road No. 15


Shakopee, Minnesota 55379

SITE

LEGEND

VICINITY MAP

1229 Tyler Street NE, Suite 100


Minneapolis, Minnesota 55413
PHONE: (612) 466-3300
FAX: (612) 466-3383
WWW.EFNSURVEY.COM

SHEET 2 OF 2

RETAINING WALL

LEGEND
PROPERTY LINE
SETBACK LINE
PROPOSED CURB AND GUTTER

50
'

10
AN 0' M
D ND
UT O
ILI T
TY DR
EA AIN
SE AG
ME E
NT

DRAINAGE AND UTILITY EASEMENT

EX. 33' GAS EASEMENT

L=

'26

"L =

61. 2
15' 3 6 '
D
8,
ILIT RAIN
Y E AG
AS E &
EM
EN
T

9'

'
.53
19
7

R=5

0 0.0 0

L=95

OUTLOT C

.9 2 '

OUTLOT A
10' DRAINAGE &
UTILITY EASEMENT

370.

84'

EX.

66'

GAS

EAS

EME
N

230.46'
20' DRAINAGE &
UTILITY EASEMENT

PROPOSED ZONING

B1: HIGHWAY BUSINESS

PARKING SETBACKS

SIDE/REAR = 5'
ROAD = 15'

BUILDING SETBACKS

FRONT = 30'
SIDE = 20'
REAR = 30'

SIGN SETBACK

10'

PROPOSED AREAS
ACRES

SQ. FT.

LOT 1

11.55

503,120

LOT 2

2.99

130,245

OUTLOT A

0.88

38,333

OUTLOT B

1.09

47,481

OUTLOT C

1.39

60,549

OUTLOT D

5.16

224,770

ROW

1.25

54,450

TOTAL

24.31

1,058,948

116.80'

20' DRAINAGE &


UTILITY EASEMENT

346.76'

BLOCK 1

LOT 1

PROPERTY LINE

60

.0
'

23

UT 10' D
ILI R
TY AIN
EA AG
SE E
ME &
NT

5'

OUTLOT D

96'

677.77'

&
E NT
AG ME
N E
AI S
R EA
D
' Y
20 LIT
TI
U

BEING 5 FEET IN WIDTH AT ADJOINING LOT LINES,


AND 10 FEET IN WIDTH AT ADJOIING STREET LINES AS
SHOWN ON THE PLAT.
BEARINGS SHOWN ARE BASED UPON ON ASSUMED
DATUM.

432
.15

'
BEING 5 FEET IN WIDTH AT ADJOINING LOT LINES,
AND 10 FEET IN WIDTH AT ADJOIING STREET LINES AS
SHOWN ON THE PLAT.

8'

19

4.5

BEARINGS SHOWN ARE BASED UPON ON ASSUMED


DATUM.

16'

16'

15
UT ' DRA
ILIT
I
Y E NAGE
AS
EM &
EN
T

505

.81
'

DEVELOPER:
HY-VEE INC.
5820 WESTOWN PARKWAY
WEST DEMOINES IA 50266
RANDY DOWNS
(515)559-5703

OWNER:
CAL HAASKEN
413 CHESTNUT ST.
CHASKA, MN 55318

CIVIL ENGINEER:
KIMLEY-HORN INC.
2550 UNIVERSITY AVE WEST
SUITE 328N
ST. PAUL MN 55114
DAN ELENBAAS
(763)251-1011

LAND SURVEYOR:
EGAN, FIELD & NOWAK, INC.
1229 TYLER ST NE
SUITE 100
MINNEAPOLIS MN 55413
ERIC ROESER
(612)466-3300

NORTH

ISSUED FOR REVIEW - NOT FOR CONSTRUCTION

10'

5'

10'

&
E NT
AG E
IN EM
RA AS
'D E
15 ITY
IL
UT

20' DRAINAGE &


UTILITY EASEMENT

501.78'

DRAINAGE AND UTILITY EASEMENTS ARE


SHOWN THUS:

HY-VEE
SHAKOPEE, MN

8
18

DRAINAGE &
UTILITY EASEMENT

PRELIMINARY
PLAT OF WEST
VIERLING ACRES

L=

INAGE &
15' DRA
NT
EASEME
UTILITY

15.47'

R1B: URBAN RESIDENTIAL

22.19'

164.33'

170.99'

20' DRAINAGE &


UTILITY EASEMENT

LOT 2

EXISTING ZONING

8'3 4"
3
0
1
=
D
9,
L = 9 2.8 6
.0
R =500

21.84'

200.55'

85

.30

'

7'

16
5

UT

3.5
18
78.0

UT DR
ILI AI
TY NA
EA GE
SE &
ME
NT

409.05'

62'

56

ZONING SUMMARY
2015 KIMLEY-HORN AND ASSOCIATES, INC.

29

441.44'

D=

93.01'

277.68'

58.35'

296.76'

15' DRAINAGE &


UTILITY EASEMENT

24.31 ACRES

WWW.KIMLEY-HORN.COM

TOTAL PROPERTY AREA

518.35'

PHONE: 651-645-4197

RETAIL DEVELOPMENT

2550 UNIVERSITY AVENUE WEST, SUITE 238N, ST. PAUL, MN 55114

PROPERTY SUMMARY

SHEET NUMBER

PP-1.0

J
une2,
2016

S
HAKOPE
EF
OODS
T
ORE

J
une2,
2016

S
HAKOPE
EF
OODS
T
ORE

F-W
IGHT-O
NDOT R
M
F
O
TSIDE

AY

NOTES:

CONCRETE B618 CURB AND


GUTTER

CONCRETE APPROACH NOSE SEE


MNDOT STD PLATE NO. 7113A

MATCH EXISTING CURB AND


GUTTER

ALL DIMENSIONS ARE TO FACE OF


CURB UNLESS OTHERWISE NOTED

NORTH

CONSTRUCTION PLAN
CSAH 15 TURN LANE
SHAKOPEE, MN

LEGEND

ISSUED FOR REVIEW - NOT FOR CONSTRUCTION

K OU

R
ALL WO

SHEET NUMBER

C4.0

WWW.KIMLEY-HORN.COM

PHONE: 651-645-4197

2550 UNIVERSITY AVENUE WEST, SUITE 238N, ST. PAUL, MN 55114

2015 KIMLEY-HORN AND ASSOCIATES, INC.


RS
Y OTHE

MED B
ERFOR
TO BE P

2. PROVIDE AND MAINTAIN EROSION CONTROL DEVICES WHERE SHOWN


ON PLANS. DEVICES TO REMAIN IN PLACE UNTIL PAVEMENT AND INTAKES
ARE CONSTRUCTED AND UNTIL A LAWN IS ESTABLISHED.
3. IN AREAS TO RECEIVE ADDITIONAL FILL OVER EXISTING FILL
MATERIALS, REMOVE TOP 12" OF MATERIAL AND SCARIFY AND
RECOMPACT THE NEXT 9" OF RESULTING SUBGRADE. COMPACT TO 95%
STANDARD PROCTOR DENSITY. SUBSEQUENT FILL TO BE COMPACTED TO
95% STANDARD PROCTOR DENSITY TO WITHIN 1.0' OF FINAL SUBGRADE.
THE FINAL 1.0' OF FILL TO BE COMPACTED TO 98% STANDARD PROCTOR.

5. PROVIDE MINIMUM OF 1.0' OF COMPACTED NON-EXPANSIVE COHESIVE


SOIL BENEATH ALL PAVEMENTS.
6. ALL FILL AND BACKFILL MATERIALS SHALL BE APPROVED BY THE SOILS
ENGINEER. PLACE ALL FILLS IN LIFTS OF NINE INCHES OR LESS LOOSE
THICKNESS. ALL FILL SHALL BE PLACED BETWEEN 1% BELOW AND 4%
ABOVE OPTIMUM MOISTURE CONTENT.

8. SCARIFY SUBGRADE TO DEPTH OF 3" WHERE TOPSOIL IS SCHEDULED.


SCARIFY IN AREAS WHERE EQUIPMENT USED FOR HAULING AND
SPREADING TOPSOIL HAS CAUSED COMPACTED SUBSOIL.

LEGEND
PROPERTY LINE
EXISTING CONTOUR
925

PROPOSED CONTOUR
PROPOSED MANHOLE

9. CONTRACTOR SHALL BE RESPONSIBLE FOR LOCATING ALL UTILITIES


PRIOR TO CONSTRUCTION, BOTH PUBLIC AND PRIVATE.

PROPOSED CATCH BASIN


PROPOSED STORM SEWER
PROPOSED STORM SEWER

10. SPOT ELEVATIONS ARE SHOWN AT TOP OF FINISH GRADE, ADD 6" TO
ELEVATIONS IN PAVED AREAS TO FIND TOP OF CURB ELEVATIONS.
11. BUILDING PAD SHALL BE GRADED TO A LEVEL OF SIX INCHES BELOW
FINISHED FLOOR ELEVATION TO AN ACCURACY OF PLUS OR MINUS 1/10
OF A FOOT (UNLESS OTHERWISE RECOMMENDED BY GEOTECHNICAL
REPORT AND APPROVAL BY HY-VEE.
12. ALL PROPOSED ACCESSIBLE SIDEWALK SHALL NOT EXCEED 2.0%
CROSS SLOPE AND SHALL NOT EXCEED 5.0% SLOPE IN THE DIRECTION OF
TRAVEL.
13. HY-VEE DESIGN GRADES: GENERAL- SLOPES SHALL BE BETWEEN 1%
MIN - 3% MAX SLOPE IN PARKING LOTS UNLESS APPROVED BY HY-VEE
FIRST 150' OR DISTANCE TO FARTHEST HANDICAP STALL SHALL BE 1% MIN
TO 2% MAX DRIVEWAY SLOPES SHALL NOT EXCEED 5% MAX EXCEPT
UPON REVIEW AND APPROVAL OF HY-VEE

100.00

PROPOSED SPOT ELEVATION

BENCHMARK
SITE BENCHMARK MN/DOT "OPEE" LOCATED APPROXIMATELY 600 FT
SOUTHWEST OF SITE ON WEST SIDE OF COUNTY ROAD 15.
ELEV: 828.66 (DATUM: NAVD 88)

NORTH

4. SCARIFY AND RECOMPACT THE TOP 9" OF SUBGRADE IN ALL CUT


AREAS AFTER ROUGH GRADING IS COMPLETED. COMPACT THE ENTIRE
PAVING AND BUILDING SUBGRADE TO 95% STANDARD PROCTOR DENSITY
TO WITHIN 1.0' OF FINAL SUBGRADE. THE FINAL 1.0' OF FILL TO BE
COMPACTED TO 98% STANDARD PROCTOR.

7. FINISH CONTOURS SHOWN ARE TO TOP OF PAVEMENT OR TO TOP OF


TOPSOIL. SEE BUILDING PLANS AND CONSTRUCTION DETAILS FOR
FINISHED SUBGRADE BELOW FINISHED FLOOR AND PAVEMENT SECTIONS.

SHEET NUMBER

C5.0

WWW.KIMLEY-HORN.COM

PHONE: 651-645-4197

2550 UNIVERSITY AVENUE WEST, SUITE 238N, ST. PAUL, MN 55114

2015 KIMLEY-HORN AND ASSOCIATES, INC.

GRADING NOTES
1. STRIP TOPSOIL (MIN.4") FROM ENTIRE SITE AND STOCKPILE IN AREA
DESIGNATED BY OWNER. TOPSOIL TO BE REUSED AS TOP DRESSINGS ON
ALL UNSURFACED AREAS UPON COMPLETION OF THE ROUGH GRADING.
TOP DRESSING SHALL BE A MINIMUM UNIFORM THICKNESS OF 4".

GRADING AND
DRAINAGE PLAN

R
ALL WO

ISSUED FOR REVIEW - NOT FOR CONSTRUCTION

-OF

IGHT
NDOT R
E OF M
ID
S
T
U
KO

CSAH 15 TURN LANE


SHAKOPEE, MN

RS

Y OTHE

RMED B
PERFO
E
B
O
T
-WAY

RETAINING WALL

LEGEND
PROPERTY LINE
SETBACK LINE
PROPOSED CURB AND GUTTER

50
'

10
AN 0' M
D ND
UT O
ILI T
TY DR
EA AIN
SE AG
ME E
NT

DRAINAGE AND UTILITY EASEMENT

EX. 33' GAS EASEMENT

L=

'26

"L =

61. 2
15' 3 6 '
D
8,
ILIT RAIN
Y E AG
AS E &
EM
EN
T

9'

'
.53
19
7

R=5

0 0.0 0

L=95

OUTLOT C

.9 2 '

OUTLOT A
10' DRAINAGE &
UTILITY EASEMENT

370.

84'

EX.

66'

GAS

EAS

EME
N

230.46'
20' DRAINAGE &
UTILITY EASEMENT

PROPOSED ZONING

B1: HIGHWAY BUSINESS

PARKING SETBACKS

SIDE/REAR = 5'
ROAD = 15'

BUILDING SETBACKS

FRONT = 30'
SIDE = 20'
REAR = 30'

SIGN SETBACK

10'

PROPOSED AREAS
ACRES

SQ. FT.

LOT 1

11.55

503,120

LOT 2

2.99

130,245

OUTLOT A

0.88

38,333

OUTLOT B

1.09

47,481

OUTLOT C

1.39

60,549

OUTLOT D

5.16

224,770

ROW

1.25

54,450

TOTAL

24.31

1,058,948

116.80'

20' DRAINAGE &


UTILITY EASEMENT

346.76'

BLOCK 1

LOT 1

PROPERTY LINE

60

.0
'

23

UT 10' D
ILI R
TY AIN
EA AG
SE E
ME &
NT

5'

OUTLOT D

96'

677.77'

&
E NT
AG ME
N E
AI S
R EA
D
' Y
20 LIT
TI
U

BEING 5 FEET IN WIDTH AT ADJOINING LOT LINES,


AND 10 FEET IN WIDTH AT ADJOIING STREET LINES AS
SHOWN ON THE PLAT.
BEARINGS SHOWN ARE BASED UPON ON ASSUMED
DATUM.

432
.15

'
BEING 5 FEET IN WIDTH AT ADJOINING LOT LINES,
AND 10 FEET IN WIDTH AT ADJOIING STREET LINES AS
SHOWN ON THE PLAT.

8'

19

4.5

BEARINGS SHOWN ARE BASED UPON ON ASSUMED


DATUM.

16'

16'

15
UT ' DRA
ILIT
I
Y E NAGE
AS
EM &
EN
T

505

.81
'

DEVELOPER:
HY-VEE INC.
5820 WESTOWN PARKWAY
WEST DEMOINES IA 50266
RANDY DOWNS
(515)559-5703

OWNER:
CAL HAASKEN
413 CHESTNUT ST.
CHASKA, MN 55318

CIVIL ENGINEER:
KIMLEY-HORN INC.
2550 UNIVERSITY AVE WEST
SUITE 328N
ST. PAUL MN 55114
DAN ELENBAAS
(763)251-1011

LAND SURVEYOR:
EGAN, FIELD & NOWAK, INC.
1229 TYLER ST NE
SUITE 100
MINNEAPOLIS MN 55413
ERIC ROESER
(612)466-3300

NORTH

ISSUED FOR REVIEW - NOT FOR CONSTRUCTION

10'

5'

10'

&
E NT
AG E
IN EM
RA AS
'D E
15 ITY
IL
UT

20' DRAINAGE &


UTILITY EASEMENT

501.78'

DRAINAGE AND UTILITY EASEMENTS ARE


SHOWN THUS:

HY-VEE
SHAKOPEE, MN

8
18

DRAINAGE &
UTILITY EASEMENT

PRELIMINARY
PLAT OF WEST
VIERLING ACRES

L=

INAGE &
15' DRA
NT
EASEME
UTILITY

15.47'

R1B: URBAN RESIDENTIAL

22.19'

164.33'

170.99'

20' DRAINAGE &


UTILITY EASEMENT

LOT 2

EXISTING ZONING

8'3 4"
3
0
1
=
D
9,
L = 9 2.8 6
.0
R =500

21.84'

200.55'

85

.30

'

7'

16
5

UT

3.5
18
78.0

UT DR
ILI AI
TY NA
EA GE
SE &
ME
NT

409.05'

62'

56

ZONING SUMMARY
2015 KIMLEY-HORN AND ASSOCIATES, INC.

29

441.44'

D=

93.01'

277.68'

58.35'

296.76'

15' DRAINAGE &


UTILITY EASEMENT

24.31 ACRES

WWW.KIMLEY-HORN.COM

TOTAL PROPERTY AREA

518.35'

PHONE: 651-645-4197

RETAIL DEVELOPMENT

2550 UNIVERSITY AVENUE WEST, SUITE 238N, ST. PAUL, MN 55114

PROPERTY SUMMARY

SHEET NUMBER

PP-1.0

MATCH
LINE, SEE BOTTOM LEFT
30' YARD
SETBACK

LEGEND

15' PAVEMENT
SETBACK

SETBACK LINE

'
.0
65
R

R6

5.

0'

PROPERTY LINE

PROPOSED FENCE

CITY OF
SHAKOPEE
RIGHT-OF-WAY

PROPOSED CURB AND GUTTER

PROPOSED HEAVY DUTY ASPHALT


.0'

R25

'
R25.0

5' PAVEMENT SETBACK


5.0'

BOX CULVERT
MONUMENT SIGN
20' YARD SETBACK

REPLACE BIKE
CROSSING SIGN

PROPOSED CONCRETE PAVEMENT

PROPOSED STORMWATER MANAGEMENT AREA

"DO NOT
ENTER" SIGN

PROPOSED NORMAL WATER LINE

'

1. PROTECT EXISTING STRUCTURES AND ADJACENT PROPERTY DURING CONSTRUCTION.

'

.0'
R25

30.0'

CAR WASH
FFE = 802.50

2. PROTECT EXISTING UTILITIES DURING CONSTRUCTION.

30

.0'

0'

5
R3

3. THE LOCATIONS OF ALL UTILITIES INDICATED ON THE PLANS ARE TAKEN FROM EXISTING
RECORDS. THE EXACT LOCATION AND ELEVATION OF ALL UTILITIES MUST BE DETERMINED BY
THE CONTRACTOR. IT SHALL BE THE DUTY OF THE CONTRACTOR TO ASCERTAIN WHETHER
ANY ADDITIONAL UTILITIES OTHER THAN THOSE SHOWN ON THE PLAN MAY BE PRESENT.

5' DRAINAGE AND


UTILITY EASEMENT

'
.0

R3

30.0'

OUTLOT A

14.0'

30.0'

R1
0.0
'

R2
0.
G

'

30.0
'

'

33.0

18.0'
F
B

.0
'
R2
5

28.0'

36.0'

18.0'

30.0'

OPEN SALES LOT

A
D

33.0
'

33.0'
0'

18.0

'

7.0'

20.0'

PROPERTY LINE

5.0'

14.0'

9.0'
I

20.0

TY LINE
PROPER

.0'

'
0.0

R1

TRAIL

9.0'

0
R3

LOT 2
C-STORE
4,375 SF
FFE = 800.80

50.0'

41.4'

45.0'

.0'
R35

'
.0

8.0'

5
R1

11.3'

36.3'

'
5.0

'
5.0

29.5'

30' YARD SETBACK

FUTURE
COMMERCIAL

66' PIPELINE
FACILITIES
EASEMENT

"DO NOT
ENTER" SIGN

R3

8.3'

R3

30
.0'

15.95 ACRES
ZONING SUMMARY

R1B: URBAN RESIDENTIAL

5. CONTRACTOR TO VERIFY BUILDING DIMENSIONS WITH ARCHITECTURAL PLANS.


6. ALL SLOPES IN PAVEMENT SHALL BE UNIFORM TO AVOID PONDING.

PROPOSED ZONING

B1: HIGHWAY BUSINESS

7. UNLESS DETAILED OR NOTED OTHERWISE, PROVIDE 1" PRE-MOLDED EXPANSION JOINT


MATERIAL WHERE CONCRETE IS POURED AGAINST BUILDING. PROVIDE 1" EXPANSION
MATERIAL WHERE CONCRETE IS POURED AGAINST EXISTING CONCRETE. SET PRE-MOLDED
MATERIAL TIGHT AGAINST BUILDING AND/OR CONCRETE TO ELIMINATE VOIDS.

PARKING SETBACKS

SIDE/REAR = 5'
ROAD = 15'

8. FINISH GRADES SHOWN ARE TO TOP OF PAVING, SIDEWALKS, OR FINISH GRADE.

BUILDING SETBACKS

FRONT = 30'
SIDE = 20'
REAR = 30'

9. STAGING LOCATION FOR CONSTRUCTION EQUIPMENT AND MATERIALS TO BE


COORDINATED WITH AND APPROVED BY THE OWNER.

SIGN SETBACK

10'

SITE PLAN NOTES


1. SIDEWALKS: INSTALL WHERE INDICATED ON PLANS. ALL NEW SIDEWALK SLABS SHALL BE A
MINIMUM OF 4 INCHES THICK. CONCRETE TO HAVE A COMPRESSIVE STRENGTH OF 4000 PSI
AT 28 DAYS WITH 5 PERCENT AIR ENTRAINMENT AND LIMESTONE AGGREGATE-3/4" MAXIMUM
SIZE. MAXIMUM SUBSTITUTION OF FLY ASH IS 15%. FLY ASH SHALL CONFORM TO ASTM C618
CLASS C. PROVIDE CONTROL JOINTS AT 6'-0" O/C MAXIMUM UNLESS OTHERWISE NOTED.
2. ROADS, PARKING SURFACES, AND CURBS: INSTALL WHERE INDICATED ON PLANS.
CONCRETE SHALL HAVE A MINIMUM COMPRESSIVE STRENGTH OF 4000 PSI AT 28 DAYS WITH
5 PERCENT AIR ENTRAINMENT AND LIMESTONE AGGREGATE 1-1/2 INCH MAXIMUM SIZE.
MAXIMUM SUBSTITUTION OF FLY ASH IS 15%. FLY ASH SHALL CONFORM TO ASTM C618
CLASS C. PROVIDE CONTROL JOINTS AT 12'-0" O/C (N & S) MAXIMUM UNLESS NOTED
OTHERWISE.

BUILDING DATA SUMMARY


AREAS
HY-VEE

95,800 SF

C-STORE

4,341 SF

3. PERFORM CONCRETE WORK IN ACCORDANCE WITH ACI 301 AND ACI 318. CONFORM TO ACI
305 DURING HOT WEATHER AND ACI 306.1 DURING COLD WEATHER.

5.0'

HARVEST LANE ROW

18.0'

'
0.0
R5

9.0'

TOTAL PROPERTY AREA

EXISTING ZONING

RETAIL DEVELOPMENT

4. ALL DIMENSIONS TO FACE-OF-CURB UNLESS NOTED OTHERWISE. ALL DIMENSIONS TO BE


FIELD VERIFIED.

OUTLOT C

15' PAVEMENT SETBACK

PROPERTY SUMMARY

PROPOSED PARKING

25

R
'
.0

4. CONCRETE FINISH: MEDIUM BROOM


5. BACKER ROD: DO NOT USE BACKER ROD
A

9.0'

'

EV EV

5.0

6. CURING AGENT: RESIN BASED, MEMBRANE FORMING COMPOUND COMPLYING WITH ASTM
C309, TYPE 1

27.0'

R2

0'

WIND TURBINE

30.0'

8. ROADS, PARKING, AND CURB JOINT SEALANT: HOT POURED JOINT SEALANT COMPOSED OF
PETROPOLYMERS MEETING REQUIREMENTS OF ASTM D 3405. FILL JOINTS FULL.

H
N

15.0'
A

22.0'

DERO BIKE
RACKS
A

LOT 1

R3.0

'

27.0'

33.5'

FUTURE
TRAIL
J

HY-VEE
95,800 SF
FFE = 801.50

J
N

0'

8.0'

3.
R10

TESTING SHALL BE DONE FOR COMPLIANCE WITH ACI 318 AND IN ACCORDANCE WITH ASTM
C24/C42M.

N
B

13.2'

.6'

19

10.0'

R5.0'

20.0'
.0'

20.0'
K

OUTLOT C

1.39 ACRES

SIGNAGE AND STRIPING SPECIFICATIONS:

OUTLOT D

5.16 ACRES

HARVEST LANE ROW

1.25 ACRES

TOTAL

24.31 ACRES

5' PAVEMENT
SETBACK

.0'

ER
TY

18.0'

OP

9.0'

LOT 1 OF BLUE SPRINGS HY-VEE - FIRST PLAT LOCATED IN THE SOUTHWEST


QUARTER OF SECTION 31, TOWNSHIP 49 NORTH, RANGE 30 WEST JACKSON
COUNTY, MISSOURI.

STANDARD DUTY PAVEMENT

.0

EXTERIOR - 25' FROM ADJACENT STREETS


INTERIOR - NONE
MAXIMUM BUILDING HEIGHT - 60'

9. ALL TRAFFIC SIGNS, PAVEMENT MARKINGS, AND OTHER TRAFFIC CONTROL DEVICES
SHALL CONFORM TO THE MANUAL ON UNIFORM TRAFFIC CONTROL DEVICES (MUTCD).

KEYNOTE LEGEND

R5
0

BUILDING SETBACKS

LEGAL DESCRIPTION

STOP SIGN
ADA ACCESSIBLE SIGN AND POST, DETAIL 12-A ON C3.1

HEAVY DUTY PAVEMENT

'

CHARGING SIGN AND POST, DETAIL 12-B ON C3.1


PROPOSED SIDEWALK
RESERVED(EXPECTING) SIGN AND POST, DETAIL 12-A ON C3.1

LIN
E

INTEGRAL SIDEWALK
CROSSWALK STRIPING PER STRIPING NOTES

30' YARD SETBACK


15.
0'

PR

30.0'

ZONING AND LAND USE


ZONING: GB (GENERAL BUSINESS)
PROPOSED USE: GROCERY STORE

8. PROTECT ALL MARKINGS FROM DAMAGE UNTIL PAINT IS DRY.

PROPOSED B612 CURB AND GUTTER

FLAG POLE

PARKING REQUIREMENTS
1/??? SF.
REQUIRED SPACES: ???
PROVIDED SPACES: ???

PAYMENT.

10. PROPERTY LOCATED WITHIN JACKSON ELEMENTARY SCHOOL DISTRICT, SHAKOPEE


JUNIOR HIGH SCHOOL DISTRICT, AND SHAKOPEE HIGH SCHOOL DISTRICT.

R8

R2.0'

MINN
E
TRA SOTA D
NSP
ORT EPARTM
ATIO
E
N RI NT OF
GHT
-OFWAY

12.5'

'

12.5'

R4.
0

R1

50
.0'

.0'

R3
3.0
'

10.0'
EV EV

0
R5

75' YARD SETBACK

0'

.5'

12. CONTRACTOR SHALL SUBMIT A JOINTING PLAN FOR REVIEW PRIOR TO FORMING
PAVEMENTS.

MULTIFAMILY
7. APPLY SILICA SAND AT 4LBS/GALLON OF PAINT IMMEDIATELY AFTER THE APPLICATION OF
RESIDENTIAL
PAINT. SILICA SAND SHALL ADHERE TO THE CURED PAINT PRIOR TO FINAL ACCEPTANCE AND

0
R1

1.09 ACRES

6. MIX PAINT IN ACCORDANCE WITH MANUFACTURER'S INSTRUCTIONS AND APPLY AT THE


RATE OF 115 SF/GALLON. THE ADDITION OF THINNER WILL NOT BE PERMITTED.

12.9'

WIND TURBINE

R4.

OUTLOT B

5. APPLY PAINT AT LOCATIONS, DIMENSIONS, AND SPACING SHOWN ON THE PLANS.

R150

11. SEE STRUCTURAL PLANS AND SOILS REPORT FOR ANY SPECIAL EXCAVATION AND FILL
REQUIREMENTS.

4. BEFORE APPLICATION OF PAINT, PAINTING SURFACE MUST BE DRY AND FREE FROM DIRT,
GREASE, OIL, OR OTHER MATERIAL THAT WOULD REDUCE THE BOND BETWEEN THE
PAVEMENT AND PAINT. CLEAN THE AREA TO BE PAINTED BY SWEEPING OR COMPRESSED
AIR.

J
J

0.88 ACRES

28.1'

OPEN SALES LOT

WATER
SPIGOT

OUTLOT A

3. PROVIDE FOUNDRY GRADE SILICA SAND THAT MEETS A 50/60 GRADED SAND WHEN
TESTED ACCORDING TO ASTM C-136. MNDOT SPECIFIED REFLECTIVE GLASS BEADS ARE AN
ACCEPTABLE SUBSTITUTE TO SAND

10. SEE ARCHITECTURAL PLANS FOR BOLLARD LOCATIONS. BOLLARD LOCATIONS MUST BE
COORDINATED WITH AND APPROVED BY THE HY-VEE SITE WORK REPRESENTATIVE PRIOR TO
BEGINNING WORK.

36.5'

J
J

2.99 ACRES

2. PAINT SHALL BE LEAD FREE WATERBORNE TRAFFIC AND HIGHWAY MARKING PAINT
UC-3584 YELLOW AS MANUFACTURED BY DIAMOND VOGEL PAINTS OR EQUIVALENT.

64.6'

11.55 ACRES

LOT 2

1. PAINT TRAFFIC DIRECTION ARROWS, PARKING STRIPES, AND HANDICAP SYMBOLS


"TRAFFIC YELLOW".

R150.0'

MNDOT
ACCESS
CONTROL

PROPOSED AREAS

FUTURE ROAD
9. CONCRETE TESTING: CORE COMPRESSIVE AND DEPTH TESTING AT 10 RANDOM LOCATIONS
LOT 1
BY OTHERS
CHOSEN BY OWNER REPRESENTATIVE AT COMPLETION OF EXTERIOR CONCRETE WORK.
PROPERTY LINE

ELECTRIC CAR
CHARGER

25.0'

56.0'

10.4'

22 SPACES @ 5.06/1000 SF

C-STORE

7. SIDEWALK JOINT SEALANT: SELF-LEVELING POLYURETHANE GUN GRADE SEALANT. COLOR:


GRAY.

5.

15.0'

R1

R2
5.0
'

J
A

ADA STALL/STRIPING

15' PAVEMENT
SETBACK
MATCH LINE, SEE UPPER RIGHT

BOLLARDS
TRANSFORMER

CURB ISLAND NON-TYPICAL


J

CART CORRAL
K

LIGHT POLE

NORTH

SITE PLAN

0
R1

HY-VEE
SHAKOPEE, MN

'

.0

ISSUED FOR REVIEW - NOT FOR CONSTRUCTION

30.0'

64.0'

30.0'

30.0'

7.7'

.0'

.0'

R2

30.0'

5.

R3

517 SPACES @ 5.39/1,000 SF

HY-VEE
G

R5

0'

SHEET NUMBER

C3.0

WWW.KIMLEY-HORN.COM

PHONE: 651-645-4197

2550 UNIVERSITY AVENUE WEST, SUITE 238N, ST. PAUL, MN 55114

40.0'

0
5.
R1

15.0'

R50.0'

PROPOSED HIGH WATER LINE


R50.0'

0
5.
R1

2016 KIMLEY-HORN AND ASSOCIATES, INC.

MINNESOTA
DEPARTMENT OF
TRANSPORTATION
RIGHT-OF-WAY

8.0'

MONUMENT
SIGN

LEGEND
PROPOSED REDUCER
PROPOSED TEE
PROPOSED GATE VALVE

NORTH

PROPOSED HYDRANT
PROPOSED SANITARY MANHOLE
PROPOSED CATCH BASIN
PROPOSED WATERMAIN
PROPOSED SANITARY SEWER
PROPOSED STORM SEWER
PROPOSED UNDERGROUND ELECTRIC
STRM 13 SEE
SHEET C5.4

PROPOSED TELEPHONE
PROPOSED GAS MAIN
PROPOSED DRAINAGE AND UTILITY EASEMENT

STR -195

STR -196

UTILITY NOTES

STRM 01 SEE
SHEET C5.2

8"X4" TEE

8" GATE
VALVE

4+00

8"X6" TEE

6"X6" TEE

SAN 02 SEE
SHEET C5.1

POLY WRAP WATER MAIN


WITHIN EASEMENT AND 25'
BEYOND EASEMENT

OUTLOT A

8" CL52 DIP WM


STRM 06 SEE
SHEET C5.3

5+00

8. CONTRACTOR TO INSTALL TRANSFORMER PAD AND SECONDARY WIRING. UTILITY COMPANY TO INSTALL PRIMARY WIRING.

CONNECT TO EXISTING
SANITARY STUB
IE (PROPOSED): 788.05

9. CONTACT APPROPRIATE GOVERNMENT AGENCY PRIOR TO THE START OF ANY WATER MAIN WORK.
10. SANITARY SEWER PIPE SHALL BE AS FOLLOWS:
8" PVC SDR35 PER ASTM D 3034 FOR PIPES LESS THAN 12' DEEP
8" PVC SDR26 PER ASTM D 3034 FOR PIPES MORE THAN 12' DEEP
6" PVC SCHEDULE 40 PER ASTM D 3034
ALL SEWER PIPE INSTALLATION SHALL BE IN ACCORDANCE WITH ASTM D2321

CONNECT TO
EXISTING WATERMAIN

1+00

FUTURE
COMMERCIAL

6" CL52 DIP WM

CLEAN
OUT

7. INSTALL VINYL IDENTIFICATION TAPE AT 2'-0" BELOW FINISH GRADE DIRECTLY ABOVE WATER LINES.

HARVEST LANE ROW

TY LINE
PROPER

(1) 1" ELECTRICAL


CONDUIT TO SIGN

LOT 2
C-STORE
4,375 SF
FFE = 800.80

0+00

3+
00

OUTLOT C
PROPOSED UTILITY
FOR FUTURE
DEVELOPMENT

6" GATE
VALVE

9.5 LF- 6"


CL52 DIP

6. ALL WATER PIPING SHALL HAVE A MINIMUM OF 7'-6" COVER.

9. ALL EXISTING VALVES MUST BE OPERATED BY SPU PERSONNEL ONLY. NOTIFY SPU AT LEAST 48 HRS IN ADVANCE TO
NEEDING VALVES OPERATING.

OUTLOT B

10. ALL PUBLIC WATER MAIN (NOT INCLUDING INDIVIDUAL SERVICE LINES) MUST BE INSPECTED BY SPU PERSONNEL INCLUDING
THE INSTALLATION AND TESTING. NOTIFY SPU AT LEAST 48 HRS IN ADVANCE TO ANY INSTALLATION OF PUBLIC WATER MAIN.
11. SANITARY SEWER AND WATER MAIN CROSSING MUST HAVE 18 INCHES OF SEPARATION OR MORE. STORM SEWER AND
WATER MAIN CROSSING MUST HAVE 3FT OF SEPARATION OR MORE. WATER MAIN MUST BE LOCATED AT LEAST 10FT
HORIZONTALLY TO ANY SEWER STRUCTURE OR PIPE.
12. HYDRANTS MUST BE LOCATED A MINIMUM OF 7.5FT BEHIND CURB UNLESS OTHERWISE APPROVED BY SPU UTILITIES
MANAGER.

8" CL52 DIP WM

2+00

71
7.
79 OF
E

PROPOSED FIRE
HYDRANT

STRM 02 SEE
SHEET C5.2

BEND

PROPOSED
FIRE HYDRANT
GATE VALVE

4. BUILDING PLUMBING CONTRACTOR TO INSTALL BACKFLOW PREVENTION DEVICE ON WATER LINES ACCORDING TO WATER
COMPANY REQUIREMENTS. SEE PLUMBING PLANS.
5. WATER PIPING SHALL BE DUCTILE IRON - AWWA C151. ALL WATERMAIN SHALL BE DISINFECTED PER MN RULE 4715.2250 AND
TESTED IN ACCORDANCE WITH MN RULE 4715.2820.

PROPOSED UTILITY
FOR FUTURE
DEVELOPMENT

4"GATE
VALVE

STRM 04 SEE
SHEET C5.2

STRM 11 SEE
SHEET C5.4

00

6" GATE
VALVE

4-INCH CL52 DIP


WATER SERVICE

CONNECT TO EXISTING
NATURAL GAS SERVICE

0+

PROPERTY LINE

CAR WASH
FFE = 802.50

8" CL52 DIP WM

2+
00

6"GATE
VALVE
24 LF- 6"
CL52 DIP

3. SEE DETAILS FOR UTILITY TRENCH CONSTRUCTION REQUIREMENTS. GEOTECHNICAL ENGINEER TO OBSERVE UTILITY
TRENCH BACKFILL AND COMPACTION PROCEDURES.

CONNECT TO
EXISTING WATERMAIN

13. ALL WATER MAIN MUST BE INSTALLED PER THE LATEST VERSION OF THE SHAKOPEE PUBLIC UTILITIES COMMISSION WATER
POLICY MANUAL.

STRM 07 SEE
SHEET C5.3

0+00

6" GATE
VALVE
PROPOSED FIRE
HYDRANT

CLEAN
OUT

18+00

7+00

6-INCH SANITARY SERVICE


6-INCH SANITARY SERVICE

SAN 02 SEE
SHEET C5.1

8+00

LOT 1
8"X6" TEE

PROPOSED 4-INCH CL52


DIP DOMESTIC SERVICE

HY-VEE
PROPOSED 8-INCH
95,800 SF CL52 DIP FIRE SERVICE
8"X4" TEE
FFE = 801.50

22 LF- 6" CL52 DIP

3. STORAGE OF MATERIALS: THE CONTRACTOR SHALL BE RESPONSIBLE FOR STORAGE AND PROTECTION OF ALL SITE
LIGHTING MATERIALS, AND FOR INSTALLATION OF A FUNCTIONING SYSTEM WHICH MEETS HY-VEE'S APPROVAL.

8" CL52 DIP WM


GREASE
INTERCEPTOR

PROPOSED UTILITY
FOR FUTURE
DEVELOPMENT

4. CONDUIT AND WIRE: CONDUIT AND WIRE FOR SITE LIGHTING SHALL BE SIZED BY THE GENERAL CONTRACTOR AND
APPROVED BY HY-VEE.

PROPOSED
8"X6" TEE

2-INCH RIGID COPPER IRRIGATION


SUPPLY LINE FROM BUILDING TO 4-FEET
BEYOND CURB WITH CAP AND LOCATION
STAKE (COORDINATE DEPTH WITH
IRRIGATION CONTRACTOR) AND 2-INCH
CONDUIT FOR IRRIGATION WIRING

17+00

PROPOSED FIRE
DEPARTMENT
CONNECTION

PROPOSED FIRE
HYDRANT

2+00
2+01

00
4+

PROPOSED NATURAL GAS SERVICE

6" GATE VALVE

1+00

8" GATE
VALVE

PROPERTY LINE

SAN 01 SEE
SHEET C5.1

2. MATERIAL: OWNER WILL PURCHASE SITE LIGHTING MATERIALS. THOSE MATERIALS INCLUDE THE FOLLOWING: FIXTURES
WITH LAMPS, TENON, POLE, ANCHOR BOLTS AND ANCHOR BOLT TEMPLATE. THE GENERAL CONTRACTOR IS RESPONSIBLE
FOR RECEIVING, UNLOADING, AND VERIFYING QUANTITIES AND CONDITIONS OF THESE MATERIALS. INSPECT ALL PACKAGES
FOR EXTERIOR DAMAGE BEFORE THE CARRIER LEAVES THE SITE, AND NOTIFY OWNER'S REPRESENTATIVE WITH
INFORMATION ON THE SHIPMENT. RETURN A COPY OF THE PACKING LIST TO HY-VEE WITHIN SEVEN DAYS AFTER RECEIPT OF
THE MATERIALS WITH NOTES REGARDING ANY DAMAGED GOODS OR THE LACK OF DAMAGE.

5+00
BEND

5+39

6" GATE
VALVE

5. TESTING: A MINIMUM OF 30 DAYS BEFORE THE STORE'S GRAND OPENING, THE CONTRACTOR SHALL CONDUCT A 100 HOUR
CONSECUTIVE TEST OF THE SITE LIGHTING SYSTEM. THIS IS INTENDED TO EXPOSE BURNED OUT LAMPS OR OTHER
PROBLEMS WHILE ELECTRICIANS AND EQUIPMENT ARE STILL ON SITE. HY-VEE SHALL BE NOTIFIED WITH THE RESULTS OF
THIS TEST AS SOON AS POSSIBLE SO REPLACEMENT MATERIALS CAN BE OBTAINED IF NECESSARY.
6. WIRING INFORMATION: SEE SHEET E-1 FOR CIRCUIT AND PANEL ASSIGNMENTS. A WIRING DIAGRAM FOR THE PARKING LOT
LIGHTS IS REQUIRED FOR FUTURE REFERENCE. MAKE EDITS ON SITE UTILITY PLAN AND RETURN TO OWNER WITH AS-BUILT
NOTES.

CONNECT TO EXISTING
WATERMAIN

7. REFER TO FIXTURE AND POLE BASE DETAIL.

25 LF- 6" CL52 DIP

PROPOSED FIRE
HYDRANT

8"X8" TEE
8"X6" TEE

STRM 08 SEE
SHEET C5.3

6" GATE VALVE

16+00

9+00

10' MIN.
SEPARATION
(2) 2" DATA
CONDUIT TO
C-STORE

8" CL52 DIP WM

OUTLOT D
FUTURE
MULTIFAMILY
RESIDENTIAL
STRUCTURE

4-INCH SANITARY
SERVICE

8" CL52 DIP WM

15+00

10+00

PROPOSED FIBER
OPTIC SERVICE
PROPOSED
TELEPHONE
SERVICE

10' MIN.
SEPARATION

PROPOSED FIRE
HYDRANT

00

8"X6" TEE

SANITARY SCHEDULE
INVERT
ELEVATION
OUT

PIPE
SIZE
OUT

PIPE
SLOPE
OUT

SE 792.51

6"

0.40%

PVC

0.40%

E 791.86

6"

0.39%

PVC

6"
6"

0.39%
0.40%

N 790.17

8"

0.40%

PVC

S 789.35
W 789.35

8"
6"

0.40%
0.40%

E 789.25

8"

0.40%

PVC

800.03

W 788.38

8"

0.40%

N 788.28

8"

0.40%

PVC

MH

799.47

W 790.17

6"

1.21%

E 790.07

6"

0.40%

PVC

MH

801.22

W 791.79

4"

1.00%

N 791.69

6"

0.40%

PVC

NO.

STRUCTURE/
CASTING TYPE

RIM/GRATE
ELEVATION

INVERT
ELEVATION
IN

PIPE
SIZE
IN

PIPE
SLOPE
IN

STR -172

MH

798.21

W 791.09

6"

1.00%

STR -177

MH

800.31

STR -178

MH

799.36

NW 791.96

6"

STR -179

MH

799.39

W 790.27
S 790.27

STR -180

MH

800.35

STR -181

MH

STR -184
STR -186

4+

6" GATE VALVE

+0

11

CONNECT TO
EXISTING TELEPHONE
SERVICE
PR

12+00

13+00

8" GATE
VALVE

PIPE OUT
(PUBLIC/PRIVATE)

PIPE MATERIAL

23 LF- 6" CL52 DIP


OP
ER
T

STRM 10 SEE
SHEET C5.4

8"X6" TEE

YL

INE

40 LF- 6" CL52 DIP


6" GATE VALVE

PROPOSED FIRE
HYDRANT

UTILITY PLAN

59 LF- 6" CL52 DIP


8" GATE
VALVE

PROPOSED
8"X8" TEE

HY-VEE
SHAKOPEE, MN

PROPOSED
8"X8" TEE

ISSUED FOR REVIEW - NOT FOR CONSTRUCTION

6+00

80
EO 0.0
F

3+00

20+00
0

799.0
EOF

21+00

+0

STRM 09 SEE
SHEET C5.3

(2) 2" DATA


CONDUIT TO
C-STORE

22+13
22+00

SITE LIGHTING NOTES


1. NOTIFICATION: CONTRACTOR SHALL NOTIFY HY-VEE A MINIMUM OF 60 DAYS PRIOR TO THE ANTICIPATED DATE OF
INSTALLATION.

19

PROPOSED
8"X8" TEE

8" CL52 DIP WM


PROPOSED
8"X6" TEE

SHEET NUMBER

C5.0

WWW.KIMLEY-HORN.COM

1+00
(1) 1" ELECTRICAL
CONDUIT TO SIGN

2016 KIMLEY-HORN AND ASSOCIATES, INC.

STRM 12 SEE
SHEET C5.4

2. SITEWORK UTILITY CONTRACTOR TO EXTEND ALL PIPING TO WITHIN 5' OF BUILDING AND CAP FOR CONNECTION BY BUILDING
UTILITY CONTRACTOR. COORDINATE ALL INVERT ELEVATIONS AND PIPING LOCATIONS WITH BUILDING PLANS.

PHONE: 651-645-4197

8"X6" TEE
PROPOSED
FIRE HYDRANT

2550 UNIVERSITY AVENUE WEST, SUITE 238N, ST. PAUL, MN 55114

1. PROTECT EXISTING UTILITIES WHICH ARE TO REMAIN. THE LOCATIONS OF ALL UTILITIES INDICATED ON THE PLANS ARE
TAKEN FROM EXISTING RECORDS. THE EXACT LOCATION AND ELEVATION OF ALL UTILITIES MUST BE DETERMINED BY THE
CONTRACTOR. IT SHALL BE THE DUTY OF THE CONTRACTOR TO ASCERTAIN WHETHER ANY ADDITIONAL FACILITIES OTHER
THAN THOSE SHOWN ON THE PLAN MAY BE PRESENT.

PRELIMINARY PLANT SCHEDULE


SYMBOL

QTY

119
SHADE TREE

COMMON NAME

SIZE

ROOT

SWAMP WHITE OAK

2.5" CAL.

B&B

COMMON HACKBERRY

2.5" CAL.

B&B

NORTHERN ACCLAIM HONEYLOCUST 2.5" CAL.

B&B

SIENNA GLEN MAPLE

2.5" CAL.

B&B

PATRIOT ELM

2.5" CAL.

B&B

KENTUCKY COFFEETREE

2.5" CAL.

B&B

BLUE BEECH

2.5" CAL.

B&B

RIVER BIRCH

2.5" CAL.

B&B

BOULEVARD LINDEN

2.5" CAL.

B&B

NORTHERN PIN OAK

2.5" CAL.

B&B

REDMOND LINDEN

2.5" CAL.

B&B

ACCOLADE ELM

2.5" CAL.

B&B

PRAIRIEFIRE CRABAPPLE

1.25" CAL.

B&B

IVORY SILK LILAC

1.25" CAL.

B&B

AUTUMN BRILLIANCE SERVICEBERY

1.25" CAL.

B&B

BLACK HILLS SPRUCE

5' HT

B&B

WHITE SPRUCE

5' HT

B&B

VIBURNUM

#5

CONT.

FORSYTHIA

#5

CONT.

DOGWOOD

#5

CONT.

ROSE

#3

CONT.

SPIREA

#3

CONT.

JUNIPER

#2

CONT.

BLACK EYED SUSAN

#1

CONT.

DAYLILY

#1

CONT.

KARL FOERSTER

#1

CONT.

CATMINT

#1

CONT.

CAR WASH
FFE = 802.50
0+00

LOT 2
C-STORE
4,375 SF
FFE = 800.80

HARVEST LANE ROW

750

1+00

4+00

FUTURE
COMMERCIAL

OUTLOT B

SHRUB/ PERENNIAL
BEDS SHALL RECEIVE 4"
MINIMUM HARDWOOD
MULCH

1,275

5+00

2+00

OUTLOT A

53,385
SQ. FT.

21+00

NATIVE WET SEED MIX

SOD

20+00

+0
15+00

REQUIRED

PROPOSED

3 UNITS OF LANDSCAPING
REQUIRED FOR EVERY 1,000 SF OF
BUILDING UP TO 10,000 SF

10,000 SF/1,000 SF =
10 X 3 = 30 UNITS

16 TREES @ 1.25" CALIPER = 16 UNITS

4 UNITS OF LANDSCAPING
REQUIRED FOR EVERY 1,000 SF OF
5+39BUILDING FROM 10,000 - 50,000SF

40,000 SF/1,000 SF =
40 X 4 = 1600 UNITS

5 UNITS OF LANDSCAPING
REQUIRED FOR EVERY 1,000 SF OF
BUILDING FROM 50,000 - 100,000 SF

50,000 SF/1,000 SF =
50 X 5 = 250 UNITS

6 UNITS OF LANDSCAPING
REQUIRED FOR EVERY 1,000 SF OF
BUILDING ABOVE 100,000 SF

1,000 SF/1,000 SF =
1 X 6 = 6 UNITS

HY-VEE =
C-STORE =
TOTAL =

=101,000 SF

39 EVERGREENS @ 5' HT = 39 UNITS

95,800 SF
4,341 SF
100,141 SF

114 TREES @ 2.5" CALIPER = 228 UNITS


160 #5 CONT. SHRUBS = 160 UNITS
TOTAL = 443 UNITS

TOTAL = 446 UNITS

NOTE: CODE REQUIRES THAT NO MORE THAN 50% OF REQUIRED LANDSCAPE UNITS BE
FULFILLED BY SHRUB UNITS.

OUTLOT D
FUTURE
MULTIFAMILY
RESIDENTIAL

CODE DESCRIPTION

REQUIRED

1 SHADE TREE PER


477,853 SF IMPERVIOUS AREA
4,000 SF PAVED AREA 477,853 SF/4,000 = 119 TREES

PROPOSED
119 TREES REQUIRED
119 TREES PROPOSED

00

+0

11
0

12+00

PR

OP

ER

TY

13+00

NORTH

LIN

PR

OP

ER

TY

LIN
E

LANDSCAPE PLAN

9+00

16+00

HY-VEE
95,800 SF
FFE = 801.50

+
14

CODE DESCRIPTION

HY-VEE
SHAKOPEE, MN

PROPERTY LINE

5+00

17+00

7+00

2+00
2+01

LOT 1

8+00

1+00

0
4+

18+00

0+00

ISSUED FOR REVIEW - NOT FOR CONSTRUCTION

6+00

19

3+00

22+13
22+00

10+00

TY LINE
PROPER

39

EVERGREEN

PROPERTY LINE

3+
00

OUTLOT C

16

ORNAMENTAL
DECIDUOUS

SHEET NUMBER

L1.0

WWW.KIMLEY-HORN.COM

00

PHONE: 651-645-4197

0+

2550 UNIVERSITY AVENUE WEST, SUITE 238N, ST. PAUL, MN 55114

2+
00

SIGN

2016 KIMLEY-HORN AND ASSOCIATES, INC.

1+00

City of Shakopee
Memorandum

TO:

Kyle Sobota, Senior Planner

FROM:

Joe Swentek, Project Engineer

SUBJECT:

Conditional Use Permit, Preliminary and Final Plat, Planned Unit


Development West Vierling Acres 1st Addition

CASE #:

16033

SUBLEDGER #:

116033

DATE:

July 27, 2016

The staff review indicates a request to review a Conditional Use Permit (CUP), a Preliminary and
Final Plat and a Planned Unit Development (PUD) application for West Vierling Acres 1st Addition,
a highway business (B-1) and Multiple Family Residential (R-3) subdivision located southeast of
the intersection between Vierling Drive and Adams Street.
This review should be considered preliminary, as more comments will follow with additional
submittals. However, the public works department offers the following comments at this time
to the applicant and to the planning department:
Engineering:
The following items need to be addressed/completed prior to release of the Final Plat for
recording:
1. Execution of a developers agreement, which will include provisions for security for public
improvements within the subdivision and payment of the Street and Utility Fee and the
Watermain Fee.
2. Payment of all Storm Water Management Plan Review Fees need to be made, as required
by the most current City of Shakopee Fee Schedule.
3. Payment of the Trunk Sanitary Sewer Charge and the Valley Industrial Park and Valley
Industrial Park II connection charges need to be made, as required by the most current
City of Shakopee Fee Schedule.

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4. Payment of the applicable Trunk Storm Water Charge needs to be made, as required by
the most current City of Shakopee Fee Schedule.
5. Payment of the Sign Installation Fee needs to be made, as required by the most current
City of Shakopee Fee Schedule.
6. Payment of the Bituminous Sealcoat Fee needs to be made, as required by the most
current City of Shakopee Fee Schedule.
7. The applicant will submit a detailed contractors bid for all public improvements
associated with this subdivision.
8. The applicant will submit a detailed lot area drawing showing the total plat area, the total
drainage and utility easement area encompassing high water levels of publicly maintained
storm water basins, the total area of right-of-way, the total area of conservation
easements and outlots, the total area of public bituminous street and the total area of
each lot.
9. The applicant will need, at a minimum, conditional approval of the subdivisions storm
water management plan.
10. The applicant will submit a detailed geotechnical report outlining any groundwater
encountered as well as infiltration rates in appropriate locations.
11. The applicant will agree to move the westernmost Vierling Drive access 50-feet to the
east.
12. Provide additional right-of-way along Vierling Drive to a line offset one foot in a southerly
direction from the southernmost edge of the existing bituminous trail.

Provide additional right-of-way, in the form sight triangles 15-feet in dimension, at


the intersection between Vierling Drive and Harvest Lane.

13. Easements will be shown on the final plat as approved by the city engineer. They include,
but are not be limited to, the following:

Minimum drainage and utility easements for public sanitary sewer and storm sewer
systems need to be dedicated per Section 10.1 (A-D) of the City of Shakopee Design
Criteria. Easements for public utilities need to be centered on the alignments.
Provide a minimum of 15-feet of drainage and utility easement adjacent to the US169, Adams Street and Vierling Drive rights-of-way.
Provide a minimum of ten feet of drainage and utility easement adjacent to the
Harvest Lane right-of-way.

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14. Provide electronic files (AutoCAD and Portable Document Format PDF) of the final plat
to be recorded with datum on the Scott County coordinate system.
The following items need to be addressed/completed prior to approval of a grading permit, a
street and utility plan and/or a building permit:
1. Payment of the applicable Trunk Storm Water Charge needs to be made, as required by
the most current City of Shakopee Fee Schedule.
2. The applicant will need final approval of the subdivisions storm water management plan.
3. The applicant will obtain a NPDES construction site permit prior to any land disturbing
activity. PDFs of the coverage card and letter will be provided to the city.
4. The applicant will submit a detailed impervious surface coverage drawing with each
building permit adding impervious surface.
5. The applicant will remove the Adams Street access to the property.
6. The applicant will grade the entire site, as proposed on the approved plans, in one phase
within one year from the date of approval of the grading permit application. Grading is
defined as bringing the site to the proposed finished grade with materials deemed
acceptable by the public works department, providing topsoil per city requirements and
applying seed, mulch and/or sod per city requirements and providing an as-built record
grading plan per Section 2.5 of the City of Shakopee Design Criteria.
7. The applicant will line all storm water basins with a minimum of two feet of clay from the
bottom to the normal water level. However, the city engineer can allow this requirement
to be reduced to one foot if the material meets certain specifications.
8. The applicant will revise the designs of all applicable storm water basins to remove the
side slopes from within rights-of-way and required drainage and utility easements
adjacent to Adams Street, Vierling Drive and Harvest Lane.
9. The applicant will place class IV fieldstone riprap and geotextile fabric at each flared end
section in the city maintained storm water basin. The riprap and fabric will be installed
to the bottom of the storm water basin.
10. The applicant will seed the city maintained storm water basin area with a native wetland
vegetation. The seed mixture, application and maintenance requirements will be
determined by the city engineer or their assign.
11. The applicant will submit detailed pavement design calculations for the Harvest Lane
extension.
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12. Sanitary sewer and storm sewer will be extended as necessary to accommodate future
development of all outlots.
13. The applicant will install a bituminous trail or sidewalk along Adams Street from the US169 ramp to Vierling Drive. The design will need to be approved by the city engineer.
14. No landscaping will be allowed in drainage and utility easements, unless a detailed plan
is submitted clearly showing how all lots will be served by private utilities. All applicable
private utility companies will need to review and approve this plan prior to its submittal
to the city.
15. The public works department believes Harvest Lane should be constructed as part of this
subdivision.
16. The applicant will submit construction plans for all public improvements, including the
Harvest Lane extension, the bituminous trail extension, the public sanitary sewer
extension and the public storm sewer extension. These plans will be in compliance with
requirements set forth in Section 11 of the City of Shakopee Design Criteria.
17. As part of the Harvest Lane extension, the applicant will remove the temporary cul-desac east of their site.
18. Prior to work in the MNDoT right-of-way, a permit will be required. Please contact
MNDoT for details.
19. The city and the county are in the process of transferring ownership/jurisdiction of the
Adams Street right-of-way to the city. However, if this process is delayed, the applicant
will need to obtain a permit from Scott County prior to construction. Please contact Scott
County for details.
20. Prior to work in the Adams Street and Vierling Drive rights-of-way, a right-of-way permit
will be required. Please contact the senior public works technician for details.
21. Record plans need to be provided per the City of Shakopee Design Criteria, Section 2.5
and Section 11.2 (A-L). The record plans need to be submitted to the public works
department.
Recommendation
The public works department recommends approval of the CUP, Preliminary and Final Plat and
PUD application subject to the conditions above being addressed/completed by the applicant.

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MEMORANDUM
Date: July 11, 2016
To: City of Shakopee, MN
From: Jacob J. Bongard, P.E.
Chris Chromy, P.E., PTOE
Subject: Traffic Impact Study Review
Hy-Vee Development

I hereby certify that this report was prepared by me or under my direct supervision and that I am
a duly Registered Professional Engineer under the laws of the State of Minnesota.

Jacob J. Bongard, P.E.

52210

July 8, 2016

Reg. No.

Date

Introduction
The Traffic Impact Study (TIS) for the Hy-Vee Development in Shakopee, MN dated June, 2016 was
reviewed to determine if and how the proposed development impacts the traveling public. Overall, the
TIS appears to be accurate. The results indicate minimal levels of transportation concerns on an
operational basis due to the development during the Opening year (2019) and Horizon Year (2029)
evaluation periods.
It is anticipated that these transportation concerns do not need to be mitigated as specified in the study for
the opening year and horizon year. The Horizon Year with West End development build scenario will
require mitigation of several study area intersections to accommodate future growth. Additional analysis
is required with the West End development to understand impacts once a site plan is solidified.
Forecasts
Forecasts are provided for Opening Year (2019) with and without the site development and Horizon Year
(2029) with the site development. A 2029 forecast with West End development is also included within the
evaluation at the request of the City of Shakopee. The TIS forecasts appear to be consistent with the Site
Plan. The TIS includes a 96,000 square foot grocery store, gasoline station/convenience market with 16
fueling positions, 10,000 square foot medical office building, and 200 attached multi-family dwelling
units. The AM and PM forecasted trips appear to meet expectations.

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Page 2

Public Roadway System Impacts


It is anticipated that the development traffic would be primarily dispersed to Vierling Drive and
Marystown Road (CSAH 15) as defined in the study. The traffic increase from the development (443-AM
/931-PM trips during the peak hours) to other roadways and intersections is anticipated to be minimal
when related to daily roadway capacity as noted below.

Roadway
Segment
Vierling Dr
(E of Marystown)
Vierling Dr
(W of Marystown)

Marystown Road
(S of TH 169)
Marystown Road
(N of TH 169)
Adams Street
(N of Vierling)

Existing
AADT

Anticipated
2029 Growth
Rates*

Proposed
AADT

%
Change
in AADT

Daily
Roadway
Capacity**

Max Volume
to Capacity
Ratio***

2,750

2.71

7,450

271%

18,000 to
22,000

0.42

2,550

1.19

3,040

19%

18,000 to
22,000

0.17

4,400

1.17

5,150

17%

18,000 to
22,000

0.29

6,700

1.51

10,120

51%

18,000 to
22,000

0.56

3,950

1.18

4,665

18%

18,000 to
22,000

0.26

*2029 daily growth rates are developed from applying the growth observed during the AM and PM peak hours
**Daily Roadway Capacity Range based on Figure VI-6 of the Scott County 2030 Comprehensive Plan Update
***Lower volume threshold utilized

Generally, a volume to capacity (V/C) ratio should be less than 1.00 with a goal of less than 0.85 to allow
for increases during special events and other special conditions. All of the corridors discussed above have
V/C ratios less than 0.85. The change in traffic volume is higher than 5% but volume to capacity levels
are less than 0.6 for all locations. While the above applies, there will still be a noticeable change in traffic
volume on Vierling Drive at peak times with back-ups exceeding 200 feet where they are minimal to nonexistent today for the westbound left-thru approach lane at Marystown Road.
Operations
The studied intersections identified within the TIS decreased levels of service (LOS) due to the proposed
Hy-Vee Commercial development. The evaluation reviewed the opening year (2019) and horizon year
(2029) future traffic volumes. Due to minimal background growth anticipated within the study area, the
proposed development is the key contributor to increased delays/queues anticipated in both the 2019 and
2029 build years.
Marystown Road at Vierling Drive

LOS decreases from A to B for the overall intersection in the PM peak hour.

LOS decreases from A to C for the westbound movement in the PM peak hour.

The increased delay to westbound is likely to create some backups from Marystown Road that are
extended from 30 feet to 120 feet on average and from 50 feet to 225 feet for the 95th-percentile queues.
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Review of the analysis indicates that there is acceptable storage length available in the westbound thruleft lane to accommodate the extended delays. While deemed to be adequate, the long backup may be a
safety concern depending on the placement of the western-most Vierling Drive site driveway (Driveway
3). Longer backups in the thru-left lane during the PM peak hour may impact the sight lines for turning
traffic onto Vierling Drive from the development site.
Marystown Road at US 169 WB Ramps

LOS decreases from A to C for the eastbound movement in the PM peak hour.

The increased delay to eastbound is anticipated to extend average queues from one vehicle today to three
vehicles in the future. While it is expected to increase average vehicle delay for the approach, the low
volume approach is not expected to greatly influence the overall intersection delay. Westbound right turn
95th-percentile queues are expected to increase from 80 feet to 150 feet due to site-generated traffic, but
this increase can be accommodated by the existing intersection.
Marystown Road at US 169 EB Ramps

LOS A is expected to be maintained during the AM and PM peak hours for the overall
intersection and all individual movement.

Marystown Road at 17th Avenue S

LOS A is expected to be maintained during the AM and PM peak hours for the overall
intersection and all individual movement.

Queue Analysis at Study Intersections


The site plan for the commercial development includes three full access driveway locations along
Vierling Drive and one right-in/right-out access on Marystown Road. The current placement of the
driveways along Vierling Drive are as follows:

Marystown
Road

350 FT

Driveway
#3

450 FT

Driveway
#2

370 FT

Driveway
#1

Functional intersection design methodology is utilized to evaluate the placement of Driveway 3, the
westernmost driveway, in relation in Driveway 2 and Marystown Road. The increase in westbound left
turn movements at the Marystown Road/Vierling Drive intersection causes additional queueing to occur
on the westbound approach. Anticipated queues for the Horizon Year (2029) build traffic volumes are
provided below in conjunction with the required stopping sight distance based upon existing roadway
speeds.

Approach

Lane
LT-Thru
Eastbound
Thru-Right
LT-Thru
Westbound
Thru-Right
LT-Thru
Northbound
Thru-Right
LT-Thru
Southbound
Thru-Right

Marystown Road at Vierling Drive Functional Intersection Area (2029)


AM Queue Length PM Queue Length Controlling Speed Stopping Sight
Average 95th % Average 95th % Queue Length Limit
Distance
20
34
26
49
49
30
200
34
57
35
64
64
48
82
119
223
223
30
200
22
36
31
66
66
36
60
51
85
85
45
360
47
73
65
99
99
48
74
60
94
94
45
360
29
51
42
67
67

Functional Int. Area


Entering
Exiting
249
200
264
423
200
266
445
360
459
454
360
427

The interaction of the additional queueing and the placement of driveway 3 develops a conflict in the
design of the corridor. The table above indicates that the driveway should be placed a minimum of 320
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Page 4
feet from Marystown Road to accommodate the average queues and 423 feet to accommodate the 95thpercentile queues.
The placement of Driveway 4 along Marystown Road is also evaluated to ensure that vehicle interaction
occurring at the driveway is independent of the decision making process at the intersection of Marystown
Road at Vierling Drive. The proposed driveway location of 575 feet south of Vierling Drive appears
acceptable as the value exceeds the 460-foot minimum to meet this criteria
Crossroads Shopping Center
In order to better define the scale of the proposed development and associated impact to the surrounding
roadway network, a comparison is established to differentiate the proposed Hy-Vee Commercial site plan
from the commercial properties in and around Crossroads Center, located west of Marschall Road on
Vierling Drive. The following table provides a comparison between the key components associated with
each development.
Evaluation Measure
TH 169 Vierling Drive Intersection Spacing
Existing Vierling Drive AADT
Access Spacing from Primary N-S Roadway
Supermarket Square Footage
Additional Commercial/ Retail Development

Hy-Vee
Development
1/5-Mile
2,750
350'-400'
95,800 SF
5.7 Acres

Crossroads Center
Development
1/8-Mile
18,600
350
67,500 SF
24.4 Acres

A summary of the table above is as follows:

The spacing of the parallel east-west roadways of TH 169 and Vierling Drive is greater at
Marystown Road when comparted to CSAH 17 (Marschall Road). This spacing provides a greater
potential to accommodate the growing traffic volumes associated with the proposed site
development as well as other future traffic needs.

The Hy-Vee supermarket is anticipated to be larger than the existing Cub Foods located in the
Crossroad Center development, but the accompanying 5.7 acres of commercial and retail property
proposed with the Hy-Vee property is far less than the nearly 25 acres that is present near or
within the Crossroads Center Development.

The existing land use surrounding the proposed Hy-Vee development site is primarily residential
properties and parks. All of which are lesser traffic generators than the commercial development
within close proximity to the Crossroads Center Development.

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Page 5

Sight Distance Evaluation


A field visit was completed to review the sight distance for the proposed driveway locations identified
within the Hy-Vee TIS. Findings of this evaluation indicate that there are not likely to be any concerns
with sight lines at the proposed locations barring the implementation of additional landscaping features
with the proposed site. Images of the existing sight lines for three driveway locations can be found below.
Vierling Drive at Driveway 2

Proposed Driveway Location


-Looking West-

Proposed Driveway Location


-Looking East-

Vierling Drive at Driveway 3

Proposed Driveway Location


-Looking WestMarystown Road at Driveway 4

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Proposed Driveway Location


-Looking East-

Page 6
Marystown Road Driveway 4 Trail Crossing
The proposed Hy-Vee development site has a right-in/right-out driveway located off Marystown Road
where the City of Shakopee has identified a future trail connection. Because of the development and
location of a future driveway, it is important to identify a suitable crossing location. It is recommended
that the crossing be placed at a location where drivers sight lines are directed towards the pedestrians
crossing the driveway rather than focusing on the completing the exiting curve. The recommended
crossing location is documented in the image below.

POTENTIAL TRAIL
CROSSING

Intersection Capacity Utilization


The TIS prepared for the Hy-Vee Commercial Development includes an evaluation of the impacts and
necessary mitigation that accompanies the anticipated West End development. Through this evaluation, it
was determined that either traffic signals or roundabouts would be required to alleviate delays and
provide acceptable operations at the intersections of Marystown Road at Vierling Drive, US 169 WB
Ramps, and US 169 EB Ramps in the future. Additional mitigation is also expected at the 17th Avenue S
intersection to accommodate the West End growth, but the Hy-Vee development is only a minor
contributor to this based upon the assumed distribution of development trips.
The table below reviews the Intersection Capacity Utilization (ICU) for the three identified study area
intersections. ICU is a high-level measure of how an intersection is functioning and how much extra
capacity is available to handle traffic fluctuations and incidents.
Intersection

Peak
Hour

Marystown Road
at Vierling Drive
Marystown Road
at US 169 WB
Marystown Road
at US 169 EB Ramps

AM
PM
AM
PM
AM
PM

Intersection Capacity Utilization


2027
2027
2027 Build
No Build
Build
w/ West End
37.1%
47.8%
61.4%
38.8%
62.8%
88.0%
32.1%
41.1%
59.4%
48.8%
67.6%
100.5%
29.5%
40.1%
49.6%
25.9%
44.9%
68.5%

% Growth by Hy-Vee
Development
44.0%
48.8%
33.0%
36.4%
52.7%
44.6%

Average
Growth
46.4%
34.7%
48.7%

In this situation, it is a measure to evaluate the amount of capacity occupied by each of the anticipated
background growth, Hy-Vee development traffic, and West End development traffic. The final value
presented in the table under Average Growth documents the percentage of the total increase in ICU that
can be attributed to the Hy-Vee development during the AM and PM peak hours. This value acts as a
high-level indicator to identify the portion of the total growth that can be attributed to the Hy-Vee
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Page 7

development as well as the overall impact and role in causing each intersection to exceed acceptable
levels of delay during the peak hours. From this evaluation, it is estimated that the Hy-Vee development
accounts for approximately 35% and 49% of the future capacity utilized each of the studied intersections.
It is assumed that the West End development occupies the remaining capacity.
Conclusions and Recommendations
The development impacts are identified in the study. There are anticipated to be delay increases and
traffic backups more than what there is today at multiple study area intersections. Based on the analysis,
the traffic backups are able to be accommodated within the existing roadway network with a slight
modification to the placement of Driveway 3 along Vierling Drive. Sight distances appear adequate at
each of the proposed driveway conditions due to minimal grades and little horizontal curvature in the
study area roadways. Some items of note are mentioned below.

Marystown Road at Vierling Drive


o

The westbound left turn queues and delay within the thru-left lane for the AM and PM
peak hours is deemed to be acceptable. The additional traffic will be noticeable during
the PM peak hour.

Impacts anticipated to be minimal.

Marystown Road at US 169 EB Ramps


o

The northbound right turn delay and queues are acceptable during the AM and PM peak
hours.

Marystown Road at US 169 WB Ramps


o

The long backup may be a safety concern with the existing Driveway 3
placement 350 feet from the Marystown Road intersection. It is recommend that
the driveway be moved to a location 400 feet east of the proposed location to
provide additional spacing from the all-way stop controlled intersection while
maintaining an acceptable distance from Driveway 2.

Impacts anticipated to be minimal.

Marystown Road at 17th Avenue S


o

Impacts anticipated to be minimal.

H:\Shak\T42112121\2_Preliminary\C_Reports\2016-07-06_Hy-Vee TIS Review.docx

Initial Resident Email


Dear Kyle,
It has been awhile since our last chat in regards to the Hy-Vee going into the land off of Vierling
and Marystown road.
I have expressed my concerns to you at the last meeting. I would like this opportunity to express
concerns again. First let me prefaces that I do not object necessarily to the Hy-Vee going in. I
feel that this will bring a lot of jobs to Shakopee and from what I have been told by many people
that Hy-Vees are an up standing grocery store. Having said that, my concerns are this.
I live at 875 Regent Drive. my property butts up against the field that the Hy-Vee wants to build
on. I strongly feel that for the one year plus that they will be building there, there will be an
extraordinary amount of noise from trucks, construction not to mention the amount of dirt
blowing into my house through windows and vents. I do not want strange people walking
through my yard at all hours day and night as this would be seen as a short cut. Also I am very
concerned of lights from cars shinning in through my windows. (There would not be a guarantee
that this would not happen.) I already have children walking through from the park that is across
the street. I would propose that if Hy-Vee wants to build and they are the entity that started this
whole thing to begin with that Hy-Vee builds a wall that will span across the back of all the
houses in the Freedom town homes and even the single family homes that are currently here.
This would solve a lot of noise issues, dirt blowing in and people walking through as a short cut,
not to mention the car lights. I have already contacted the current president of Freedom town
homes on this issue and got the response that there would not be funds available for Freedom
town homes to pay and build this wall nor should they. I certainly can't afford this as well nor
should I. Hy- Vee can certainly afford to pay for this extra addition as this is their idea to begin
with, it should be on them. They have used the excuse that they have not bought the adjacent
property and that if someone builds apartments that they would be responsible, well that is just
passing the buck and will not take care of the noise from Hy-Vee building, dirt and dust, car
lights and people using my quiet oases as there right to walk through. I have received the letter in
the mail for the next meeting and now find out that they need consideration for a liquor license. I
knew that on the day of the first meeting that there was more to what they were telling us and I
was correct. The wall should be first priority then and only then they should be allowed to build.
I do not believe that I am the only person raising concerns of putting a grocery store in with
residential homes.
I hope you will take this very important request into consideration. I look forward to your
response before the next meeting.
Sincerely,
Teresa Schwartz

Staff Response:
Hi Teresa--Thank you for the message. Ive discussed your concerns with my supervisor and as City staff, we will
not be recommending that Hy-Vee install a wall as part of the development. The City has not required the
installation of a wall in any instances of commercial areas adjacent to residential areas. We have required
landscaping and sometimes fencing, but in this case, the nearest part of the commercial development
(medical office parking lot) is over 300 away from the Freedom Townhomes property. We are
recommending the installation of landscaping near the ponding areas that are adjacent to the Freedom
Townhomes, which would act as a buffer from vehicle headlights and provide some noise mitigation. The
closest part of the Hy-Vee building or parking area is approximately 400 away from the Freedom
Townhomes property, across two ponds and the extension of Harvest Lane.
During construction the City has requirements for dust and erosion control on construction sites, as well
as working hours for use of equipment. The Police Department can and has issued citations for these
issues. The MPCA also has severe fines for sites that have erosion control issues.
For pedestrian connections, there will be pedestrian connections along Harvest Lane and Vierling Drive
to connect to the Hy-Vee development. The area adjacent to the Freedom Townhomes is a ponding area,
so it is highly unlikely anyone would use that area as shortcut when there is a trail that avoids the ponding
areas. In regards to the liquor license, the liquor license is for the liquor store and restaurant that are a part
of the grocery store.
The Planning Commission will be reviewing this request on August 4th and there will be a public hearing
where residents will be invited to speak on this project. I have included a copy of your message in the
report for the Planning Commission to take into consideration when reviewing this project. If they believe
a wall or other means are necessary, the Commission may add that as a recommendation for the City
Council to consider when they review the project.
If you have questions, please feel free to contact me.

Kyle Sobota

Resident Response after Planning Commission Meeting:


Kyle,
Thanks for your response. since my wife and I have had the chance to digest all that was said at
the meeting Thursday and have gone through the documents that were given to her, needless to
say me and my wife are very disappointed to find out that now we have a road going through our
back yard, regardless of it being 300 yards this will still effect lights and noise. This was not
brought up until this last meeting. It is very frustrating that we are not given any details as to the
finished product of the ponds, dimensions of said pond.
Hy-Vee states that it is not their responsibility at this point as that is not land they are purchasing,
it would be the next faze with the apartment building. However, then the city should step in and
let us know now what it could look like, say a berm high enough to block out car lights and noise
or other suggestions like a fence since the wall was shot down.
We strongly feel there should be separation between residential and commercial. At this point we
will be seeking out legal help and blocking any further movement by HyVee or the city until we
have the facts in hand that we need.
This is our retirement home, we bought it as a quiet peaceful area with a field in the back yard
that did not include a shopping center, liquor store, a road with noise at all hours of the night.
This will change our lives going forward and we deserve to know exactly what things are going
to look like before things move forward. Again we will not hesitate to block any further
movement by HyVee or the city.
Regards
Greg and Teresa Schwartz

Staff Response:
Greg, Teresa--The Hy-Vee development project has not been approved at this time. The City Council still needs to
review the project at the meeting on August 16th. The Planning Commission meeting last Thursday had a
public hearing, where anyone in the audience was invited to speak regarding concerns about the project.
Since none of the audience members asked to speak, the public hearing was closed. Questions on
separation between the development and existing residential development for landscaping, berming, could
have been asked at that time. The Planning Commission made their recommendation to the City Council
based on what was presented to them. Harvest Lane has been proposed to be extended to Vierling Drive
since the beginning, which was presented in plans at the neighborhood meeting and also for the rezoning
at the Planning Commission meeting in June. There have not be any revisions to the plans regarding
Harvest Lane.

At the City Council meeting on August 16th there is not a public hearing, but if someone would like to
speak on this item during the review, the City Council typically allows questions or comments. If the
project is approved, Harvest Lane would not be extended right away. We are not recommending that the
street be extended until the apartment building is developed. It should be noted that I am recommending
that the applicant have additional landscaping, such as evergreens adjacent to the ponding areas as
additional screening for the existing townhomes. As I mentioned at the Planning Commission meeting,
Hy-Vee is willing to provide landscaping off of their site to supplement the existing trees on the Freedom
Townhomes common space. This would require approval of a plan by the Townhome Association, since
the trees would not be on Hy-Vees property.
Please feel to contact me to discuss the application. I have provided a copy of your message and contact
information to Hy-Vee for their reference.
Kyle Sobota

Resident Response:
Kyle,
Thanks for getting back to us. I have a question about what you call recommending. When you
refer to "that I am recommending that the applicant have additional landscaping, such as
evergreens adjacent to the ponding areas as additional screening for the existing
townhomes". Does this mean that it will be done or does this mean it is suggested? Does my
wife have to attend the meeting on the 16th of August in order for us to have it in writing that the
evergreen trees will be put in place to block the views, noise, and lights as per our last letter.
We have had conversation with the HOA and do not see any issues with getting any approvals at
this point.
Best Regards,
Greg and Teresa
Staff Response:
Greg, Theresa--Sorry for the confusion. I have the condition regarding additional landscaping as a condition of
approval at this time in the draft approval document. The City Council could remove the
condition if they choose to, but I dont expect them to remove this condition.
Ive discussed the possibility of additional landscaping with Hy-Vee and Hy-Vee is agreeable to
planting some additional landscaping. The conditions of approval are not an official requirement
until the City Council actually takes action.
Kyle

Good morning, Kyle If possible, could you please share this email with the Planning Commission prior to Thursday
nights meeting.
My family and I live at 1584 Harvest Lane, next to the current field. We are very excited and
looking forward to this development moving forward.
We want this development to be part of a walkable, livable neighborhood and not a completely
separate entity. I have two concerns that I would appreciate the Planning Commission address as
part of their discussions on August 4.
1. Please consider rotating the HyVee building 90 clockwise so that the front of the
building faces Vierling Drive instead of Marystown. Situating in this direction would
make a few key improvements:
o The truck traffic, garbages and loading dock areas would be situated against 169
instead of facing the neighborhood and new apartments. This would reduce noise
concerns and make the neighborhood aesthetically look better.
o Having the front of the building face Vierling Drive allows for much better
connection to the neighborhoods - especially by walking and biking. It is much
more approachable and feels better to have the front of the building the main view
to the neighborhoods as opposed to the back of a building.
2. The temporary cul-de-sac noted in Item 17 of the Engineering Memo is to of our
driveway. Our driveway currently slopes to meet the temporary cul-de-sac and will need
to be regraded to slope appropriately to the road when the temporary cul-de-sac is
removed. We would appreciate the Planning Commission further clarifying that our - and
our neighbors driveway will need to be replaced in conjunction with the temporary culde-sacs removal so our driveways are no longer connected and slope appropriately to the
curb.
Thank you!
Brad Tabke
1584 Harvest Ln
Staff Response:
Hi Brad--I have forwarded your message and photo to the commissioners. Planning and Engineering staff
have recently met with Hy-Vee regarding the extension of Harvest Lane. It was agreed that staff
would not be recommending that Harvest Lane be extended until the apartment building
develops. The apartment building and medical office building will require a final plat prior to
development, at that time Harvest Lane would be extended. The Planning Commission and City
Council may choose to require that the street be built with the grocery store, but it has been
viewed as unnecessary until the apartment lot develops.
Kyle

RESOLUTION NO. 7761


A RESOLUTION OF THE CITY OF SHAKOPEE, MINNESOTA,
APPROVING A RETAIL CENTER PLANNED UNIT
DEVELOPMENT, THE PRELIMINARY AND FINAL PLAT OF WEST VIERLING
ACRES FIRST ADDITION, AND A CONDITIONAL USE PERMIT FOR A GAS
STATION, CAR WASH, OPEN SALES LOT, AND OVER-HEIGHT STRUCTURE
WHEREAS, Randy Downs, applicant, and Cal and Sharon Haasken, property owners,
have made application for the Planned Unit Development of West Vierling Acres; and
WHEREAS, the property upon which the request is being made is legally described as:
That part of the Southwest Quarter of the Southwest Quarter of Section 12, Township 115 North,
Range 23 West, which lies northerly of a line described as follows: Beginning at the northwest
corner of the Southwest Quarter of said Section 12; thence run easterly on an azimuth of 93
degrees 28 minutes 45 seconds, along the north line of said Southwest Quarter of the Southwest
Quarter for 244.37 feet; thence on an azimuth of 171 degrees 08 minutes 45 seconds, 755.81
feet; thence on an azimuth of 142 degrees 30 minutes 37 seconds 211.98 feet; thence on an
azimuth of 112 degrees 33 minutes 47 seconds, 937.92 feet, more or less, to the east line of said
Southwest Quarter of the Southwest Quarter and there terminating, Scott County, Minnesota ;
and
WHEREAS, the Planning Commission of the City of Shakopee did review the Retail
Center Planned Unit Development on August 4, 2016, and
WHEREAS, all required public notices regarding the public hearing for the Planned Unit
Development were duly sent and posted and all persons appearing at the hearing have been given
an opportunity to be heard thereon; and
WHEREAS, the City Council of the City of Shakopee did review the Retail Center
Planned Unit Development on August 16, 2016 and adopted the following findings:
Criteria No. 1: Whether the proposed development is consistent in all respect with the
comprehensive plan and with this section.
Finding No.1: The comprehensive plan guides the area for highway commercial and
multiple-family residential development, which is what the applicant is proposing.

Criteria No. 2: Whether the proposed development, including deviations from design
standards of the underlying zones, is compatible with surrounding land uses.
Finding No. 2: The proposed deviations relating to additional gas station signage, an
additional 2 units / acre for the residential component, and shared parking is compatible with
surrounding land uses.
Criteria No. 3: Whether the proposed development, including deviations from
development standards of the underlying zone, provides adequate open space,
circulation, parking, recreation, screening, and landscaping.
Finding No. 3: No changes are proposed in regard to landscaping, open space, or screening.
Only minor deviations from development standards are proposed as part of this development.
Criteria No. 4: Whether the primary function of the PUD is to encourage development
which will preserve and enhance the worthwhile, natural terrain characteristics and not
force intense development to utilize all portions of a given site in order to arrive at the
maximum density allowed. In evaluating each individual proposal, the recognition of
this objective will be a basic consideration in granting approval or denial.
Finding No. 4: Impervious surface percentages are not proposed to be increased as a result
of this development. In this specific case, a PUD is required because of the size of the
commercial component of the development.
Criteria No. 5: Whether there exists an overall compatibility of land uses and overall
appearance and compatibility of individual buildings to other site elements or to
surrounding development. However, the architectural style of buildings shall not solely
be a basis for denial or approval of a plan.
Finding No. 5: The ultimate development of the PUD will provide for overall compatibility of
land uses, buildings, and other site elements to the surrounding development.
Criteria No. 6: Whether the proposed PUD plan would afford a greater general public
benefit than would be realized under the underlying zoning district and/or general
zoning provisions.
Finding No. 6: The proposed PUD amendment allows for the flexibility to develop a creative
site plan for commercial and residential uses that complement each other. The proposed PUD
also allows for adequate pedestrian circulation to connect to the adjacent residential and
park areas.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
SHAKOPEE, MINNESOTA, AS FOLLOWS:
That the Planned Unit Development Southbridge Crossings East is hereby amended to allow the
development Southbridge Crossings East PUD in the following manner:
1. A sidewalk or trail must be installed along the west side of Harvest Lane within this
subdivision to connect with existing trail along Vierling Drive at the time of
construction of the extension of Harvest Lane.
2. Evergreen trees shall be planted along the west side of Outlot B to screen the view of
the food store loading dock.

3. Landscaping must be provided on ponding outlots to screen the Freedom Townhomes.


The applicant must work with City Engineering and Planning staff to provide an
adequate plan for private utilities and landscaping in this area.
4. The applicant must work with the Freedom Townhomes Association to supplement the
landscaping in the Freedom Townhomes common space along the western lot line of
the Freedom Townhomes common space. This landscaping is intended to supplement
the landscaping on Outlot B mentioned above.
5. A trail along the east side of Adams street shall be provided. The trail design and
crossing of the entrance drive must be approved by the City Engineer. The portion of
trail immediately north of the Adams Street access must be constructed immediately.
The trail south of the Adams Street access may be constructed when a pedestrian
connection across US 169 is provided. The applicant must provide an escrow for
future construction of this segment of trail in an amount acceptable to the Engineering
Department.
6. The east elevation of the grocery store must include the additional brick sections as
shown on the revised plan submitted to planning staff on August 4, 2016.
7. Bike racks meeting APBP guidelines shall be provided at the medical office (4), food
store (10), convenience store (4), and apartment building (10). Minimum Capacities
are noted.
8. Signage must be provided that trucks must not use Harvest Lane.
9. All freestanding signage within the development must be monument style signs and
comply with city code standards on height and signage area.
10. The gas station / convenience store, car wash, and grocery store are permitted to share
parking, as the grocery store has excess parking.
11. Trash and refuse pick up must comply with the noise ordinance for working hours.
12. Trash enclosures must be constructed of the same materials as the principal structures
and have a roof.
13. A third gas station canopy sign consistent with the submitted plans is approved.
14. A pedestrian connection from the apartment building to the grocery store must be
provided.
The following relates to the proposed Preliminary and Final Plat of West Vierling Acres
First Addition
WHEREAS, the subject property is legally described as:
That part of the Southwest Quarter of the Southwest Quarter of Section 12, Township 115 North,
Range 23 West, which lies northerly of a line described as follows: Beginning at the northwest
corner of the Southwest Quarter of said Section 12; thence run easterly on an azimuth of 93
degrees 28 minutes 45 seconds, along the north line of said Southwest Quarter of the Southwest
Quarter for 244.37 feet; thence on an azimuth of 171 degrees 08 minutes 45 seconds, 755.81
feet; thence on an azimuth of 142 degrees 30 minutes 37 seconds 211.98 feet; thence on an
azimuth of 112 degrees 33 minutes 47 seconds, 937.92 feet, more or less, to the east line of said
Southwest Quarter of the Southwest Quarter and there terminating, Scott County, Minnesota ;
and
WHEREAS, the Planning Commission of the City of Shakopee reviewed the preliminary and
final plat on August 4, 2016 and recommended that the City Council approve both the
preliminary and final plat of West Vierling Acres First Addition; and

WHEREAS, the City Council reviewed the preliminary and final plat on August 16, 2016.
NOW THEREFORE, BE IT RESOLVED by the City Council of the City of
Shakopee, Minnesota that the preliminary and final plat of West Vierling Acres First Addition
is hereby approved subject to the following conditions:
I) The following procedural actions must be completed prior to the recording of the
Final Plat:
1. The name of the plat shall be renamed West Vierling Acres First Addition
2. Execution of a developers agreement, which will include provisions for security for
public improvements within the subdivision and payment of the Street and Utility Fee
and the Watermain Fee.
3. Payment of all Storm Water Management Plan Review Fees need to be made, as
required by the most current City of Shakopee Fee Schedule.
4. Payment of the Trunk Sanitary Sewer Charge and the Valley Industrial Park and Valley
Industrial Park II connection charges need to be made, as required by the most current
City of Shakopee Fee Schedule.
5. Payment of the applicable Trunk Storm Water Charge needs to be made, as required by
the most current City of Shakopee Fee Schedule.
6. Payment of the Sign Installation Fee needs to be made, as required by the most current
City of Shakopee Fee Schedule.
7. Payment of the Bituminous Sealcoat Fee needs to be made, as required by the most
current City of Shakopee Fee Schedule.
8. The applicant will submit a detailed contractors bid for all public improvements
associated with this subdivision.
9. The applicant will submit a detailed lot area drawing showing the total plat area, the
total drainage and utility easement area encompassing high water levels of publicly
maintained storm water basins, the total area of right-of-way, the total area of
conservation easements and outlots, the total area of public bituminous street and the
total area of each lot.
10. The applicant will need, at a minimum, conditional approval of the subdivisions storm
water management plan.
11. The applicant will submit a detailed geotechnical report outlining any groundwater
encountered as well as infiltration rates in appropriate locations.
12. The applicant will agree to move the westernmost Vierling Drive access 50-feet to the
east.
13. Provide additional right-of-way along Vierling Drive to a line offset one foot in a
southerly direction from the southernmost edge of the existing bituminous trail.

Provide additional right-of-way, in the form sight triangles 15-feet in dimension, at


the intersection between Vierling Drive and Harvest Lane.

14. Easements will be shown on the final plat as approved by the city engineer. They
include, but are not be limited to, the following:

Minimum drainage and utility easements for public sanitary sewer and storm sewer
systems need to be dedicated per Section 10.1 (A-D) of the City of Shakopee Design
Criteria. Easements for public utilities need to be centered on the alignments.
Provide a minimum of 15-feet of drainage and utility easement adjacent to the US169, Adams Street and Vierling Drive rights-of-way.
Provide a minimum of ten feet of drainage and utility easement adjacent to the
Harvest Lane right-of-way.
15. Provide electronic files (AutoCAD and Portable Document Format PDF) of the final
plat to be recorded with datum on the Scott County coordinate system.
16. The applicant must comply with the conditions of the MnDOT memorandum dated July
21, 2016.
17. The applicant must comply with the comments provided by Bolton and Menk, Inc. from
the review of the traffic impact study. The applicant will reimburse the Engineering
Department for the review costs incurred for Bolton and Menk, Incs review of the
traffic impact study for this development.
18. Payment of park dedication fees based on net acreage is required prior to recording of
the final plat based on the current fee schedule. The applicant must submit a net acreage
calculation to the Parks and Recreation Director for review.
19. Payment of all special assessments on this property is required prior to recording of the
final plat.
20. The applicant must coordinate the water service plan for all developable lots with
Shakopee Public Utilities.
The following items need to be addressed / completed prior to approval of a grading
permit and/or a building permit:
1. Payment of the applicable Trunk Storm Water Charge needs to be made, as required by
the most current City of Shakopee Fee Schedule.
2. The applicant will need final approval of the subdivisions storm water management
plan.
3. The applicant will obtain a NPDES construction site permit prior to any land disturbing
activity. PDFs of the coverage card and letter will be provided to the city.
4. The applicant will submit a detailed impervious surface coverage drawing with each
building permit adding impervious surface.
5. The applicant will remove the existing Adams Street access to the property.
6. The applicant will grade the entire site, as proposed on the approved plans, in one phase
within one year from the date of approval of the grading permit application. Grading is
defined as bringing the site to the proposed finished grade with materials deemed
acceptable by the public works department, providing topsoil per city requirements and
applying seed, mulch and/or sod per city requirements and providing an as-built record
grading plan per Section 2.5 of the City of Shakopee Design Criteria.
7. The applicant will line all storm water basins with a minimum of two feet of clay from
the bottom to the normal water level. However, the city engineer can allow this
requirement to be reduced to one foot if the material meets certain specifications.
8. The applicant will revise the designs of all applicable storm water basins to remove the
side slopes from within rights-of-way and required drainage and utility easements
adjacent to Adams Street, Vierling Drive and Harvest Lane.

9. The applicant will place class IV fieldstone riprap and geotextile fabric at each flared
end section in the city maintained storm water basin. The riprap and fabric will be
installed to the bottom of the storm water basin.
10. The applicant will seed the city maintained storm water basin area with a native wetland
vegetation. The seed mixture, application and maintenance requirements will be
determined by the city engineer or their assign.
11. The developer responsible for the extension of Harvest Lane submit detailed pavement
design calculations for the Harvest Lane extension.
12. Sanitary sewer and storm sewer will be extended as necessary to accommodate future
development of all outlots.
13. No landscaping will be allowed in drainage and utility easements, unless a detailed plan
is submitted clearly showing how all lots will be served by private utilities. All
applicable private utility companies will need to review and approve this plan prior to
its submittal to the city.
14. The applicant will submit construction plans for all public improvements, including the
Harvest Lane extension, the bituminous trail extension, the public sanitary sewer
extension and the public storm sewer extension. These plans will be in compliance with
requirements set forth in Section 11 of the City of Shakopee Design Criteria.
15. As part of the Harvest Lane extension, the applicant will remove the temporary cul-desac east of their site and re-grade / replace the driveways of the impacted residential
units and provide top soil and establish turf in the appropriate areas.
16. Prior to work in the MNDoT right-of-way, a permit will be required. Please contact
MnDOT for details.
17. The city and the county are in the process of transferring ownership/jurisdiction of the
Adams Street right-of-way to the city. However, if this process is delayed, the applicant
will need to obtain a permit from Scott County prior to construction. Please contact
Scott County for details.
18. Prior to work in the Adams Street and Vierling Drive rights-of-way, a right-of-way
permit will be required. Please contact the senior public works technician for details.
19. Record plans need to be provided per the City of Shakopee Design Criteria, Section 2.5
and Section 11.2 (A-L). The record plans need to be submitted to the public works
department.
20. The landscape plan must comply with city details and planting guidelines.
21. The landscape islands in the parking lots must comply with area and soil volume
guidelines.
22. Ash, Maple, and Spruce trees do not count toward landscaping requirements due to
over-planting and insect / disease issues.
23. Financial security for landscaping will be required at the time of building permits.
The following relates to the Conditional Use Permit requests for multiple principal
structures on one lot, gas station, car wash, and open sales lot:
WHEREAS, proper public hearing notices were sent, published and posted, and on
August 4, 2016 a public hearing was held on the requested Conditional Use Permits before the
Planning Commission; and

WHEREAS, the Planning Commission reviewed the requests and recommended that
the City Council approve the proposed conditional use permits for multiple principal
structures on one lot, gas station, car wash, and open sales lot; and
WHEREAS, the City Council reviewed the proposed conditional use permit request
for multiple principal structures on one lot, gas station, car wash, open sales lot, and overheight structure;
WHEREAS, the Planning Commission reviewed the request for an over-height
structure and recommended that the City Council deny the request for an apartment building
six feet taller than the City Code allows,
NOW, THEREFORE BE IT RESOLVED BY THE BOARD OF ADJUSTMENT
AND APPEALS OF THE CITY OF SHAKOPEE, MINNESOTA, that it adopts the
following findings relative to the request for Conditional Use Permits.
CUP Criteria and Proposed Findings:
Criteria #l

Finding #1:

Criteria #2

Finding #2:

Criteria #3
Finding#3:

Criteria #4
Finding #4

Criteria #5
Finding #5

The use will not be injurious to the use and enjoyment of other property in
the immediate vicinity for the purposes already permitted, nor substantially
diminish and impair property values within the immediate vicinity;
The City Council has not received any evidence that the proposed conditional
uses will be injurious to the use and enjoyment of other property in the vicinity, if
conducted in accordance with proposed conditions.
The amendment of the conditional use will not impede the normal and
orderly development and improvement of surrounding vacant property for
uses allowed in the area;
The City Council finds that the approval of the conditional use permits will not
impede the normal and orderly development and improvement of surrounding
property.
Adequate utilities, access roads, drainage, and other necessary facilities have
been or will be provided;
The City Council finds that adequate utilities, access, drainage and other
necessary facilities have been or will be provided for the site.
The use is consistent with the purposes of the zone in which the applicant
intends to locate the proposed use; and
The Board finds that this use is consistent with the purposes of the Highway
Business (B-1) and Multiple-Family Residential (R-3) Zone.
The use is not in conflict with the Comprehensive Plan.
The Board finds that the use is not in conflict with the Comprehensive Plan.

BE IT FURTHER RESOLVED, that the Conditional Use Permit to allow multiple


principal structures on one lot, a gas station, car wash, open sales lot, and over-height
structure is approved subject to the following conditions:

1. Development of the gas station, car wash, and apartment building must be generally
consistent with the submitted plans and recommended conditions.
2. Dryers for the car wash must meet noise ordinance standards.
3. A Garden Center is approved to be located in either the southern area of the parking lot,
as shown on the site plan, or the Garden Center may be located in the easternmost
portion of the parking area north of the grocery store. The Garden Center is approved to
operate for up to 60 days in a calendar year and must not block drive aisles within the
parking lot. The applicant must receive the appropriate permits for any temporary
structures.
4. The under canopy lighting for the gas station must mounted flush with the bottom of the
canopy.
5. The gas station canopy is permitted to have three signs. Sign area must comply with
City Code standards.
6. At least two additional landscape islands that meet City Code standards must be added
to the middle row of parking for the apartment building.
7. The height of the apartment building is not permitted to exceed 41' in height, when
measured at the mid-point of the roof. Building design and materials must be generally
consistent with the submitted plans.
8. The location of the apartment building and proposed landscaping quantities must be
generally consistent with the submitted plan. Planting species, quantities, soil volume
and area of landscape islands must comply with City Code.
9. A liquor license is required prior to opening of any premises intended for the sale or
consumption of alcohol.
10. The service of alcohol in the restaurant and patio area of the grocery store building after
10:00 p.m. is approved.

Adopted in ___________session of the City Council of the City of Shakopee, Minnesota, held
on the ____ day of _________, 2016.
____________________________
Mayor of the City of Shakopee
ATTEST:
______________________________
Lori Hensen, City Clerk
PREPARED BY:
City of Shakopee
129 Holmes Street South
Shakopee, MN 55379

General Business

TO:

Mayor and City Council

FROM:

Mark Noble, Senior Planner

DATE:

08/16/2016

11. A. 2.

SUBJECT: Annexation of Property from Jackson Township (Hwy. 169 & CR 15 Public
Right-of-Way), Res. No. 7758 (B)
Action Sought
City Council approval of a request to annex portions of State Highway 169 and County Road
15 right-of-way, consistent with attached Resolution No. 7758.
Introduction
The City and County have discussed the turn back of County Road 15 from County Road 16 to
6th Avenue. There are segments of this roadway that are not within the City Limits; therefore
the request to annex the property/right-of-way as the first step in this process. At this time, it
was deemed appropriate to also annex adjacent right-of-way of State Highway 169.
Background/Discussion
This action was reviewed by Scott County and City of Shakopee staff, the Citys legal staff
and the Senior Administrator of the State Boundary Adjustment Office, and the attached
resolution was crafted for City Council approval. The existing Orderly Annexation Agreement
(OAA) between the City and Jackson Township, Sections II.3 & II.7, allows for the city
annexation because the property proposed in this request is undeveloped and more than 50% of
it is adjacent to and surrounded by the City.
Recommendation
Staff recommends that the Council adopt Resolution No. 7758, a Resolution approving the
annexation of portions of State Highway 169 and County Road 15 right-of-way, consistent
with the attached legal descriptions.
Action Required
Approve Resolution No. 7758, approving the annexation of portions of State Highway 169 and
County Road 15 right-of-way.
Attachments
Resolution No. 7758

RESOLUTION NO. 7758


A RESOLUTION ANNEXING PROPERTY FROM JACKSON TOWNSHIP
PURSUANT TO AN EXISTING ORDERLY ANNEXATION AGREEMENT
WHEREAS, the City of Shakopee (City) and Jackson Township (Town) entered
into a Joint Resolution for Orderly Annexation between the Town of Jackson & the City of
Shakopee, that was filed with the Minnesota Municipal Board on October 11, 2002, accepted by
the Municipal Board on November 8, 2002, and which is identified as Docket No. OA-882
(Orderly Annexation Agreement);
WHEREAS, the entire Town was designated for future annexation under the Orderly
Annexation Agreement and the City may annex property from the Town in accordance with the
terms and conditions of the Orderly Annexation Agreement;
WHEREAS, Scott County requested that the City annex approximately 79.27 acres of
public right-of-way within the Town as shown on the map attached hereto as Exhibit A and as
legally described in the attached Exhibit B (Annexation Area);
WHEREAS, the Annexation Area encompasses portions of State Highway 169 and
County Road 15, and no one lives within the Annexation Area;
WHEREAS, the City has notified the Town of the request it received from Scott County
to annex the Annexation Area;
WHEREAS, the City finds and determines as follows with respect to the requested
annexation of the Annexation Area:
a. Under Section II, paragraph 7 of the Orderly Annexation Agreement, the City may at any
time, without a petition of the property owners, annex undeveloped property, or multiple
properties, within the Township which are at least fifty (50) percent surrounded by the
municipal boundary of the City, based on the perimeter of the entire area to be annexed.;
b. The Annexation Area is almost entirely surrounded by the Citys boundary and more than
satisfies the minimum 50% required by the Orderly Annexation Agreement;

483857v3 TJG SH155-377

c. Section II, paragraph 7 of the Orderly Annexation Agreement also indicates that [l]and
which is tax exempt, publicly owned, utilized for utility or transportation purposes, or other
similar property shall be considered undeveloped.;
d. Because the Annexation Area is tax exempt public right-of-way used for transportation
purposes, it is considered undeveloped property for the purposes of the Orderly
Annexation Agreement and is subject to annexation by the City without an owner petition;
e. Under Section III, paragraph 2 of the Orderly Annexation Agreement, [w]here property is
annexed that is publicly owned or is currently exempt from local property taxes, the
exemption shall be maintained and no reimbursement shall be required from the City to the
Township;
f. Because the Annexation Area is not subject to local property taxes, the City is not required to
make a payment to the Town as reimbursement for lost property taxes;
g. Annexation of the Annexation Area will not cause the City to exceed the 250 acre annual
area limit set out in Section IV, paragraph 1 of the Orderly Annexation Agreement;
h. Because this annexation is initiated by the City under the Orderly Annexation Agreement and
not by owner petition, the utility service notice requirement under Minn. Stat. 414.0325,
subd. 1a does not apply; and
i. The City determines that annexing the Annexation Area pursuant to this Resolution is
consistent with the terms and conditions of the Orderly Annexation Agreement.
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of
Shakopee as follows:
1. The recitals set out above and the exhibits attached hereto are incorporated in and made part
of this Resolution.
2. The Annexation Area shown on the attached Exhibit A, and legally described in the attached
Exhibit B, is hereby annexed into the municipal boundaries of the City of Shakopee effective
upon the issuance of the Chief Administrative Law Judges order.
3. Pursuant to Minn. Stat. 414.0325, subd. 1(h) and Section I, paragraph 2 of the Orderly
Annexation Agreement, the Chief Administrative Law Judge may review and comment, but
shall, within thirty (30) days, order the annexation in accordance with the terms of this
Resolution.
4. The Annexation Area is not subject to local property taxes and, pursuant to the Orderly
Annexation Agreement, the City is not required to make any tax reimbursement payment to
the Town related to this annexation.

483857v3 TJG SH155-377

5. City staff is authorized and directed to file this Resolution with the Office of Administrative
Hearings - Municipal Boundary Adjustments Office (Boundary Adjustments Office).
6. In the event the Boundary Adjustments Office identifies any errors, omissions, or other
problems with the attached map or legal description, City staff is hereby authorized to make
such corrections as may be needed to accomplish the purpose of this Resolution.

Adopted in adjourned regular session of the City Council of the City of Shakopee,
Minnesota, held this ______ day of ______________________, 2016.

__________________________________________
Mayor of the City of Shakopee
ATTEST:

__________________________
Lori Hensen, City Clerk

483857v3 TJG SH155-377

EXHIBIT A
Map of Annexation Area

A-1
483857v3 TJG SH155-377

EXHIBIT B
Legal Description of Annexation Area
That part of the Northeast Quarter of the Northeast Quarter of Section 14, Township 115 North,
Range 23 West, Scott County, Minnesota, described as follows: Commencing at the northeast
corner of said Section 14; thence due south along the east line of said Section 14, a distance of
16.5 feet to the point of beginning of Tract A to be described; thence due west parallel to the
north line of said Section 14, a distance of 416 feet; thence due south parallel to the east line of
said section, a distance of 208 feet; thence due east parallel to the north line of said section, a
distance of 416 feet to a point on the east line of said section; thence due north along the east
line of said section, a distance of 208 feet to the point of beginning.
TOGETHER WITH
That part of the Northeast Quarter, Section 14, Township 115 North, Range 23 West, Scott
County, Minnesota, which is denoted and shown as Parcel 49 on Minnesota Department of
Transportation Right of Way Plat No. 70-15, according to the record plat thereof, on file in the
Office of the County Recorder, Scott County, Minnesota.
TOGETHER WITH
The East Half of the Northeast Quarter of Section 14, Township 115 North, Range 23 West,
Scott County, Minnesota, described as follows: Beginning at a point on the east line of said
Section 14, distant 1254 feet north of the east quarter corner thereof; thence West at right
angles 150 feet; thence North at right angles 146 feet; thence East at right angles 150 feet to
the east line of said Section 14; thence South to the point of beginning; excepting therefrom the
east 33 feet thereof.
TOGETHER WITH
That part of the East 33.00 feet of the Northeast Quarter, Section 14, Township 115 North,
Range 23 West, Scott County, Minnesota, which lies north of the following described line:
Beginning at Right of Way Boundary Corner B513 as shown on Minnesota Department of
Transportation Right of Way Plat No. 70-15, according to the record plat thereof, on file in the
Office of the County Recorder, Scott County, Minnesota; thence on an azimuth of 268 degrees
29 minutes 48 seconds, along the boundary of said plat, a distance of 33.00 feet to Right of
Way Boundary Corner B14, and said line there terminating.
EXCEPT that part of the Northeast Quarter of the Northeast Quarter of Section 14, Township
115 North, Range 23 West, Scott County, Minnesota, described as follows: Commencing at the
northeast corner of said Section 14; thence due south along the east line of said Section 14, a
distance of 16.5 feet to the point of beginning of Tract A to be described; thence due west
parallel to the north line of said Section 14, a distance of 416 feet; thence due south parallel to
the east line of said section, a distance of 208 feet; thence due east parallel to the north line of
said section, a distance of 416 feet to a point on the east line of said section; thence due north
along the east line of said section, a distance of 208 feet to the point of beginning.

B-1
483857v3 TJG SH155-377

TOGETHER WITH
The Northwest Quarter of the Northwest Quarter of Section 13, Township 115 North, Range 23
West, Scott County, Minnesota, excepting therefrom the south 7 rods thereof; also excepting
therefrom that part described as follows: Beginning at a point on the west line of said Section
13, distant 685.6 feet south of the northwest corner thereof; thence run south along said west
section line for 320 feet; thence east at right angles to said west line for 207.65 feet; thence
north at right angles for 320 feet; thence west at right angles for 207.65 feet to the point of
beginning; and also excepting therefrom that part of the Northwest Quarter of the Northwest
Quarter of Section 13, Township 115 North, Range 23 West, Scott County, Minnesota,
described as follows: Beginning at Right of Way Boundary Corner B27 as shown on Minnesota
Department of Transportation Right of Way Plat Numbered 70-2 as the same is on file and of
record in the Office of the County Recorder in and for said county; thence southerly on an
azimuth of 179 degrees 05 minutes 21 seconds along the boundary of said Plat No. 70-2 for
702.84 feet to Right of Way Boundary Corner B28; thence on an azimuth of 273 degrees 02
minutes 06 seconds along the boundary of said plat for 1259.46 feet; thence northerly for
163.12 feet on a non-tangential curve, concave to the east, having a radius of 2764.80 feet, a
delta angle of 03 degrees 22 minutes 49 seconds and a chord azimuth of 04 degrees 15
minutes 44 seconds; thence on tangent to said curve on an azimuth of 05 degrees 57 minutes
09 seconds for 114.91 feet; thence on an azimuth of 95 degrees 57 minutes 10 seconds for
526.36 feet; thence on an azimuth of 59 degrees 22 minutes 42 seconds for 812.22 feet to the
point of beginning.
TOGETHER WITH
That part contained within the following described tract: Beginning at a point on the west line of
said Section 13, distant 685.6 feet south of the northwest corner thereof; thence run south along
said west section line for 320 feet; thence east at right angles to said west line for 207.65 feet;
thence north at right angles for 320 feet; thence west at right angles for 207.65 feet to the point
of beginning.
TOGETHER WITH
That part of the Northeast Quarter of the Northwest Quarter, Section 13, Township 115 North,
Range 23 West, Scott County, Minnesota, which is denoted and shown as Parcel 51B on
Minnesota Department of Transportation Right of Way Plat No. 70-2, according to the record
plat thereof, on file in the Office of the County Recorder, Scott County, Minnesota.
TOGETHER WITH
That part of the Northeast Quarter of the Northwest Quarter, Section 13, Township 115 North,
Range 23 West, Scott County, Minnesota, which is denoted and shown as Parcel 52 on
Minnesota Department of Transportation Right of Way Plat No. 70-2, according to the record
plat thereof, on file in the Office of the County Recorder, Scott County, Minnesota.
TOGETHER WITH
That part of the East Half of the Northwest Quarter, Section 13, Township 115 North, Range 23
West, Scott County, Minnesota, which is denoted and shown as Parcel 52A on Minnesota
Department of Transportation Right of Way Plat No. 70-2, according to the record plat thereof,
on file in the Office of the County Recorder, Scott County, Minnesota.

B-2
483857v3 TJG SH155-377

TOGETHER WITH
The East 33.00 feet of the Northeast Quarter of the Northwest Quarter, Section 13, Township
115 North, Range 23 West, Scott County, Minnesota.
TOGETHER WITH
That part of the East 33.00 feet of the Southeast Quarter of the Northwest Quarter, Section 13,
Township 115 North, Range 23 West, Scott County, Minnesota, which lies north of the following
described line:
Beginning at Right of Way Boundary Corner B219 as shown on Minnesota Department of
Transportation Right of Way Plat No. 70-2, according to the record plat thereof, on file in the
Office of the County Recorder, Scott County, Minnesota; thence on an azimuth of 269 degrees
39 minutes 52 seconds, along the boundary of said plat, a distance of 33.00 feet to Right of
Way Boundary Corner B20, and said line there terminating.
TOGETHER WITH
That part of the Northwest Quarter of the Northeast Quarter, Section 13, Township 115 North,
Range 23 West, Scott County, Minnesota, which is denoted and shown as Parcel 51B on
Minnesota Department of Transportation Right of Way Plat No. 70-3, according to the record
plat thereof, on file in the Office of the County Recorder, Scott County, Minnesota.
TOGETHER WITH
That part of the Southwest Quarter of the Northeast Quarter, Section 13, Township 115 North,
Range 23 West, Scott County, Minnesota, which is denoted and shown as Parcel 49 on
Minnesota Department of Transportation Right of Way Plat No. 70-20, according to the record
plat thereof, on file in the Office of the County Recorder, Scott County, Minnesota.
TOGETHER WITH
The West 33.00 feet of the Northwest Quarter of the Northeast Quarter, Section 13, Township
115 North, Range 23 West, Scott County, Minnesota.
TOGETHER WITH
That part of the West 33.00 feet of the Southwest Quarter of the Northeast Quarter, Section 13,
Township 115 North, Range 23 West, Scott County, Minnesota, which lies north of the following
described line:
Beginning at Right of Way Boundary Corner B219 as shown on Minnesota Department of
Transportation Right of Way Plat No. 70-20, according to the record plat thereof, on file in the
Office of the County Recorder, Scott County, Minnesota; thence on an azimuth of 89 degrees
39 minutes 52 seconds, along the boundary of said plat, a distance of 50.00 feet to Right of
Way Boundary Corner B28, and said line there terminating.

B-3
483857v3 TJG SH155-377

TOGETHER WITH
That part of the Northeast Quarter of the Northeast Quarter, Section 13, Township 115 North,
Range 23 West, Scott County, Minnesota, which is denoted and shown as Parcel 49 on
Minnesota Department of Transportation Right of Way Plat No. 70-20, according to the record
plat thereof, on file in the Office of the County Recorder, Scott County, Minnesota, and which
lies northerly, westerly, and northerly of the following described line:
Beginning at Right of Way Boundary Corner B23 as shown on Minnesota Department of
Transportation Right of Way Plat No. 70-20, according to the record plat thereof, on file in the
Office of the County Recorder, Scott County, Minnesota; thence westerly a distance of 861.14
feet along the boundary of said plat being a non-tangential curve concave to the north, having a
radius of 11609.16 feet, a delta angle of 04 degrees 15 minutes 00 seconds and a chord
azimuth of 266 degrees 11 minutes 52 seconds to Right of Way Boundary Corner B64; thence
on an azimuth of 250 degrees 31 minutes 19 seconds, along the boundary of said plat, a
distance of 160.29 feet to Right of Way Boundary Corner B65; thence on an azimuth of 179
degrees 04 minutes 22 seconds, along the boundary of said plat, a distance of 160.00 feet to
Right of Way Boundary Corner B66; thence on an azimuth of 269 degrees 24 minutes 02
seconds, along the boundary of said plat, a distance of 135.24 feet to Right of Way Boundary
Corner B67 and said line there terminating.

TOGETHER WITH
The West 33.00 feet of the following described property:
That part of the Southwest Quarter of the Northwest Quarter of Section 13, Township
115, Range 23, Scott County, Minnesota described as follows; Commencing at the
Northwest corner of said Southwest Quarter of the Northwest Quarter, thence southerly
along the west line thereof a distance of 207.26 feet to the point of beginning, thence
easterly at right angles a distance of 350.00 feet; thence southerly at right angles a
distance of 350.00 feet; thence westerly at right angles a distance of 350.00 feet to said
west line; thence northerly along said west line a distance of 350.00 feet to the point of
beginning.
TOGETHER WITH
The West 33.00 feet of the following described property:
That part of the Southwest Quarter of the Northwest Quarter of Section 13, Township
115, Range 23, Scott County, Minnesota described as follows; Beginning at a point on
the west line of said Southwest Quarter of the Northwest Quarter 719.36 feet north of
the southwest corner thereof; thence North 1 degree 1 minute 25 seconds West,
assumed basis for bearings, along said West line, 63.64 feet; thence North 88 degrees
58 minutes 35 seconds East a distance of 350.00 feet; thence South 1 degree 1 minute
25 seconds East, parallel with said West line a distance of 65.54 feet; thence South 89
degrees 17 minutes 12 seconds West a distance of 350.01 feet to said West line.

B-4
483857v3 TJG SH155-377

General Business

TO:

Mayor and City Council

FROM:

William H. Reynolds, City Administrator

DATE:

08/16/2016

SUBJECT:

Appointment of the Assistant City Administrator (B,E)

11. B. 1.

Action Sought
To authorize the hiring of Nathan Burkett as the Assistant City Administrator.
Background
The city contracted with Waters and Company to conduct an executive recruitment for the
position of Assistant City Administrator. Applications were solicited and received, and both
first and second round interviews were conducted involving a variety of city staff and
officials. A thorough background check has been conducted for the final candidate.
Based upon this process it is recommended that the City Council authorize the hiring of Nathan
Burkett as the city's Assistant City Administrator, subject to the completion of a
pre-employment physical and drug test.
Mr. Burkett has 6 years of experience serving as a county administrator both in Todd County
and currently in Aitkin County. In addition, he has worked as a consultant for three years
working on performance management projects and performance improvement plans for both
government and private organizations. He holds a Bachelor of Arts in Political Science/Public
Administration from Saint Cloud State University, and a Master of Public Administration
from Hamline University where he received the 2009 Master in Public Administration Student
of the Year Award. In 2011-2012, Mr. Burkett was a Policy Fellow at the Humphrey Institute
of Public Affairs at the University of Minnesota. He currently serves as a Board Member for
the Center for Public Administration and Leadership at Hamline University.
The proposed compensation and benefits for Mr. Burkett are as follows:
1. Starting Salary: Step E of Grade 12 of the City's 2016 Pay Plan for Full-Time Employees
(113,000) per year.
2. Vacation Leave: An accumulation of 160 hours annually. (This is the second tier of our
Vacation Accrual Schedule for exempt employees with 6-15 years of employment.)
3. Sick Leave: Standard accumulation rate and cap as designated by the Personnel Handbook.
Mr. Burkett will need to complete the required pre-employment physical and drug test and
provide adequate notice to his current employer. Mr. Burkett's anticipated start date is
September 19, 2016.
Recommendation
Approval.

Budget Impact
The position is currently allocated in the budget.
Requested Action
Approve the hiring of Nathan Burkett for the position of Assistant City Administrator
contingent upon the successful completion of a pre-employment physical/drug test and subject
to a one year probationary period.
Attachments
Resume
Offer Letter

SruATOPEE
August 11,2016
Mr. Nathan Burkett, MPA
8776 North Bay Drive
Chanhassen, MN 55317
Dear Nathan:

Congratulations on being selected for the Assistant City Administrator position with the City of
Shakopee! I am pleased to extend this conditional offer of employment dependent upon the
successful completion of a pre-employment physical / drug test. Your position will have to be
approved by City Council as well.

he Assistant City Administrator position is a full-time, salaried position that is exempt from the
federal Fair Labor Standards Act, Your starling salary would be $113,200, which is Step E of
Grade 12 of the City's 2016 Non-Union Pay Plan. You would be eligible for a pay step increase
annually on the anniversary of your starling date, plus future cost-of-living adjustments based on
Cty Council action. Normal office hours for the position are 8:00 a.m, to 4:30 p.m. Monday thru
Friday, with some evening and weekend work required for special projects, and City Council
meetings,

We are offering a starting bank of 40 hours of vacation time, with credit for 10 years of service,
and vacation accrual at a rate equaling 160 hours, or 4 weeks, per year. You will also earn 12
sick days and 12 paid holidays per year. You would have a menu of medical and dental
insurance options, with the exact cost to you dependent upon your selections. Your benefits will
begin on November 1, 2016,
Lastly, you would be enrolled in the statewide pension plan for city and county employees,
known as PERA, This plan provides an employer contribution of 7.5% of your earnings and
requires an employee contribution of 6.5%.

lf you have any questions regarding the position or the salary and benefits package, please
don't hesitate to contact me at 952.233.9312. lf you are in agreement with the terms as stated
above, please return a signed copy of this letter to me as soon as possible. We would like to
have your approval slated for the August 16, 2016 City Council Meeting, with an anticipated
start date on or about September 19,2016 as determined by mutual consent.
Sincerely,

Signed
Jennifer Gabbard
HR Manager

Date,

CONUUIVITY PRIDE SINCE 1857


129 1-Iolmes Street South

Shalcopee, Minnesota

55379-1351

lt

" 952-233-9300 " FAX 952-233-3801 " wwiv.ShakopeeMN.gov

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