Transmittal 10-31-06
McCain
and Associates, Inc. Q
Consulting services in solid waste engineering and permitting,
environmental investigation and assessment, groundwater
management, and general civil engineering
TRANSMITT AL
To:
Ms. Kate Aanenson
City of Chanhassen
7700 Market Blvd
Chanhassen MN 55317
Dan Zwiers
Date:
Re:
10/31/06
Contamination Clean
Up Grant Application-
Moon Valley Mine
And Shooting Range
CC:
We are sending you:
D Correspondence
o Reports
o Plans
o Copy of Letter
o Other: Grant Application
o Specifications
Copies Description
1 Grant Application For DEED Contamination Clean Up Grant
1 Copy of TBRA Joint Grant Application for Clean Up matching funds
1 Eminent Domain Certification
These are transmitted:
o As requested
o For approval
o As required
o See Comments
o For review and comment
Comments:
Kate - it looks like we will need an additional signature for the Met
Council (TBRAl grant certifying compliance with eminent domain policy.
Not sure if it requires Council action, but you will likely get a call from
Met Council if they need it to process the application. Thank you!
Jim Aiken
952-346-3854
jaiken@mccainassocjates.com
Transmitted by:
Phone:
P:\Projccts\MV A\MV A 0401\Grants\Grants 06\transmittalltr Chanhasscn.doc
McCain
and Associates, Inc. t;;3
E~GJNEERS & SCIENTISTS
~{e,(~.{lte. C{thlhtrlhWd. Sen"'c&.
'-.-/
October, 31, 2006
Ms. Meredith Udoibok
Director
MN Department of Employment and Economic Development
332 Minnesota Street, Suite E200
St. Paul, MN 55101-1351
Re: DEED Contamination Clean Up Grant - Moon Valley Gun Range Chanhassen, Minnesota
Dear Ms. Odoibok:
On behalf of the City of Chanhassen, we are pleased to provide you with two copies of the completed
DEED Grant Application. We are also applying for a $6000 matching fund support from Metropolitan
Council's TBRA fund. A copy of that application is also enclosed.
The RAP for this project was approved in June 2006 and work began in cleaning up soil in September
2006. The soil is contaminated with lead, arsenic, copper, antimony, and polycyclic aromatic
hydrocarbons. We are currently about halfway through the clean up and have encountered significantly
more contamination than was anticipated. In addition to the investigation costs, the projected costs to
stabilize and dispose of approximately 3500 cubic yards of contaminated soil translates into an additional
$50,000 more than was previously anticipated. This will bring the total project total cost to over
$270,000. The project to date has been privately funded by the owner; however, they are no longer able
to support the cost of the clean up and are greatly in need of funding assistance to complete the project.
The proposed development will be an exciting partnership with the City and an experienced developer
(Pemtom Land Company). When completed, the project will integrate mixed use commercial and higher
density residential use to an under-utilized and blighted area with great potential to create jobs. The
project will also provide much needed in-filling to already established areas in Eden Prairie and
Chaska/Shakopee.
However, the developer will not begin on the project until the owner can improve the condition of the
property to allow residential development. There are already significant risks to entry for this project to
the developer and owner due the lack of developable residential space (most of the project will be graded
back to natural bluff conditions) and the high levels of soil contamination in some areas. The DEED
grant and matching TBRA funding will help to facilitate the project by reducing these steep entry costs
and maintaining the project course.
Please contact me at 952-346-3854 if you have any questions
Sincerely,
James S. Aiken
Proj ect Manager
c: Ms. Kate Aanenson, City of Chanhassen
Mr. Dan Zweirs, Moon Valley Aggregates
Mr. Marcus Martin, Metropolitan Council TBRA Coordinator
PO Box 429,5300 Highway 12
Maple Plain, MN 55359
tel 1952-346-3900 fax I 952-346-3901
www.mccainassociates.com
Section 11: Alternative Process for Joint Applications with MN Department of
Employment and Economic Development (DEED)
(Use this form to request TBRA funding intended to be used as a match to a DEED request.)
The Metropolitan Council application form is not necessary for joint applications where the purpose of Council
funding is to match Department of Employment and Economic Development (DEED) funding. Instead, submit
two copies of the DEED application with a cover letter indicating that matching funds from the Metropolitan
Council are also requesteL
Please include: 1) a copy of the relevant portion of the MPCA Response Action Plan; 2) a resolution of support
from the city (see sample, page 23); and 3) the Certification of Compliance Regarding Metropolitan Council
Policy Restricting LCA Grants for Projects Using Eminent Domain (see page 24).
In addition, please provide the following information:
1. Additional General Information
a. Authorized official(s) fi r execution of contracts:
Name(s)/title "h " SON
C~,,/ II/(/,~ i
Street address: 7700 pl1H aILfil (~Wt)
City: C UArJ Uk:> Sc;.N
MN, Zip code: ~S-51 ~
Phone: (l{S-2.) 2.2.? - {I 0 0
Fax: (?.)"2) J- 2- 7 - II I 0
Emailaddress: !Cc.c,r1eA SOI4(-! c.:. c 11C, I1k&. Jr6t4. ifill- US
b. Clarify the amount requested from the Metropolitan Council if this is not explicit in the DEED application.
$ (;, b (:) d. ct'Metropolitan Council. Also indicate the amount of remediation funds being requested
$ -f) - Hennepin County or $ -0 - Ramsey County.
c. Is the project in a City participating in the Livable Communities Act Local Housing Incentives Program?
--LYes _No
d. Has the municipality passed a resolution authorizing the submission of the application to the Metropolitan
Council? (see the sample, page 23) ~Yes _No. Provide a copy.
e. Provide a description of any mechanisms/programs in place to ensure that local residents will have
appropriate access to new jobs created.-SEE ;'/777lC/!t/tEf//, A--
f. Is the project consistent with the land use identified in the local comprehensive plan that has been reviewed
by the Metropolitan Council? ---X-Yes _No. If "No" explain
2. Site Information
a. Is the project site within a tax increment finance district? Yes)( No
b. What is the size of the project area in acres? .......J/O ---rrhe project area is defined as the extent of
the contamination and the immediate area around it that is essential to cleaning up the site and
implementing the proposed development project.)
Provide a site plan showing the extent of the various identified contaminants and showing the extent of
the redevelopment project.-5et? A 7779cl/"'I~T t!>-
c. Was eminent domain authority used to acquire private property for purposes of economic development?
_Yes ----X-No Projects are not eligible for TBRA funds unless they comply with the Metropolitan
18
~
Council's policy restricting Metropolitan Council LCA grants for projects using eminent domain. All
TBRA applicants must complete and sign a Certification of Compliance form to verify that either eminent
domain was not used or, if used, complies with the Council's policy (see page 23).
3. Brownfield Clean Up Check those that apply.
a. D Asbestos:
a) attach a map showing the parcel and/or buildings (with floor plans) that shows the location(s) and
extent of contamination;
b) attach an inspection report which meets Minnesota Department of Health (MDH) requirements
for identifying asbestos-containing material;
c) attach documentation to demonstrate that the proposed remediation procedures meet MDH
requirements for abatement or in-place management of asbestos containing-material.
b. D Lead-based paint:
a) attach a map showing the parcel and/or buildings (with floor plan) that shows the location(s) and
extent of contamination;
b) attach an inspection report done by a MDH licensed inspector that meets MDH requirements for
identifying lead-based paint;
c) attach documentation to demonstrate that the proposed remediation procedures recommended by
a MDH licensed inspector meet MDH requirements for abatement of lead-based paint and were
done by a MDH licensed inspector. (Minnesota Statute 144.9501)
c. Does the project clean up contamination that is a source of ground water contamination? Yes_ No J(..
Explain how implementing the RAP will improve ground water in the project area.
e. Are Petrofund dollars available for the clean up? _Yes, L No. If yes, How much
?
4. Affordable Housing
a. If the proposed redevelopment includes a housing component, a portion of this housing is required to be
affordable. Ownership units are considered affordable if they can be purchased by buyers earning 80%
of the area median income (AMI). For purposes of this application cycle that includes any units that sell
for $201,800 or less.:22- ') Total number of ownership units, ~ number of affordable ownership
units
b. Affordable rental units are those renting at the Low-Income Housing Tax Credit rent limits based on 50%
of the AMI. The maximum rental amount to be affordable at this level is based on the number of
bedrooms as follows: efficiency $687, I-bedroom $736, 2-bedrooms $883, 3-bedrooms $1,020, 4-
bedrooms $1,138, 5-bedrooms $1,255, 6-bedrooms $1,373. -D-Total number of rental units,
---D..- number of affordable rental units
c. When are the units expected to be ready for occupancy? N!M:~&::'--a....month ZaoCf year
d. The Metropolitan Council evaluates each LCA participating community's efforts to provide affordable
housing and provides a score for each community. (Council staff will apply the community's score in the
evaluation process for each TBRA applicant). (0 to 10 points)
19
5. Framework 2030 Goals
a. How does the project accommodate growth by growing in a flexible, connected and efficient manner that
connects housing, jobs, retail centers and civic uses? This is measured by the level of density through the
floor area ratio (FAR) of the site (gross square footage of all proposed new or renovated structures on the
site divided by gross square footage of the project area). For lower density housing projects, units per acre
can be substituted. The "project area" is defined as the extent of the contamination and the area immediate
around it that is essential to cleaning up the site and implementing the proposed project. When calculating
the FAR, exclude areas used for park space, on-site storm water management and conserved native
vegetation from the project area.
,/O~o()()sf. + 65311/00 =
Floor area site area
!J,~{
(FAR)
or
22- & units per
{ & acre
b. How does the BToject promote multimodal transportation? Check those that apply.
~uto, Ltransit (bus, LRT, commuter rail), Vbicycle (trail), v' pedestrian (sidewalks),
_other (describe) \l.Q~ 1 U"'-ll.\ ~ \. \
c. How does the project increase and diversify local housing options? Check those that apply.
+single-family, _twinhome, --&ownhomes, _condominiums, _cooperatives, _ senior,
_assisted-living, _supportive, _apartments, _other (describe)
d. How does the project conserve vital natural resources? ~k those that apply.
_conserve water supply, _improve water quality, rovide green space, _conserve identified
NRI/A (Natural Resource Inventory and Assessment) areas, _conserve areas within an identified
metro conservation corridors area, ~ enhance other natural connections, Lconserve native. I
vegetation, _other (describe) fJL\jy;. 'i'(U;SC~v-kn uN AN() '\l.t;~~~{)N
6. Regional System Support.
a. How does the project support local and regional Transportation/Transit/Aviation system plans? Check
those that apply
Project is within Y4 mile of transit? X Yes _ No
Project is within Yz mile offreeway interchange or major (arterial) intersection? iYes _No
Project users promote traffic management techniques; _metro pass participant, ~carpooling,-
_kyan pooling, ~telecommuting, _flex hours, _bicycle facilities (racks/lockers/shower),
_other ( describe)
Is the project near an airport? -x'-Yes _ No. If"Yes" is the project consistent with the airport safety
zone plans --X- Yes _ No? Consistent with airport noise zone plans? X Yes _ No
b. How does the project support local and regional Environmental Services (sanitary sewer/storm sewer)
sy'stem plans? Check those that apply
X efficiently utilizes sanitary sewer infrastructure, _manages inflow and infiltration (1&1) issues,
_low flow plumbing, _sub metering, _gray water reuse, _uses on-site storm water
management techniques, _conserves surface water, _conserves groundwater, _limited
irrigation, _use of native vegetation, _other ( describe)
c. Ho~.does the project support local and regional Parks system plans? Check those that apply
AProvides connections between the project and regional and local parks, brovides connections
bk:e~n the project and regional and local trails, J(:Provides connections between other natural areas,
rovides natural buffers provides natural buffers (if the project is adjacent to park and/or natural
areas), -.kother(describe) "Bv~S -A506(l.~ W \ L-\) Lt ~ ~
F(l.oN\. S~~ \).J~-oa..- ~\N'A~ ~ <;'\3DI\M.~~d\J
20
7. Efficient Use of Current Infrastructure
Does the project require substantial infrastructure investments (both existing capacity and new capacity
needed), including roads and/or highways, transit, wastewater, utilities, telecommunications infrastructure, or
other infrastructure? LYes _ No. If "Yes" describe or attach a brief description of the needs and the
plans to provide them, including how the investments will be ,.., i_
funded. IZFQ\J /r1t?5 /N- P,t..-L PX'f73v6toAJ 0,- 'SGuJ€L Cf lN~c:a.....
8. Consistency with Local Comprehensive Plan
Is the project consistent with the Met Council approved local comprehensive plan? AYes _No. If
"No" explain
9. Readiness/Market Demand
a. When will the site be ready to clean up, including having funding available? (This can include the
requested DEED, TBRA and County funds in the current grant round) l 0 month 0 ~ year
b. What are the development plans for the site after clean-up and/or mitigation? Please attach a narrative
..... ~lt{fi.,... description. Include rationale for anticipated market demand for this site (on)!age summary if possible).
C- - c. Is there a commitment at this time from an end-stage developer for this site? Yes _No
.~ {{}II( Please attach relevant commitment letters, capital improvement plans, city council resolutions, etc. to show
_ A h I/(Af1h_ readiness to proceed if TBRA grant funds are provideq.
d. When will the planned development be complete? A!olbl- month '2tucr year
10. Efficiency Check those that apply.
a. Have efficiency measures been incorporated in the project? (such as those outlined in the State of
Minnesota's Building, Benchmarks and Beyond Guidelines) _Yes JL.No
b. Building (Check those that apply): _renovation of an existing building including: _ conservation of
historic components, _ energy efficient materials, _ energy efficient construction methods,
_long lasting/durable materials, _"local" materials, _efficient HV AC, _HV AC designed to
provide cleaner air, _high R-value insulation, _energy efficient windows, _"day
lighting"(providing extensive natural light), _orienting building to reduce energy use, _low flow
plumbing, _non-toxic materials, _recycled materials, _recycling of building material when
building is being demolished, _other ( describe)
c. Site (Check those that apply): _on-site storm water management, innovative storm water technique like
_rain gardens, _infiltration swales, --'pervious pavement; _native vegetation, _under
ground storm water retention/filtration structures, ~reen roof,_ grit chambers,
_structured/underground parking to reduce impervious surfaces, _other
(describe)
d. Operations (Check those that apply): (both building and site): _conserve energy, _conserve water
in building, _conserve water on site, for multi-tenant buildings: _sub metering of water, _ sub
metering of energy, _recycling of gray water, _ BMPs for driving/parking areas, _other
(describe)
11. Innovative Partnerships Check those that apply.
Has the project included a variety of funding partners? X Y es, _No.
21
_federal (EPA), ~ate, _county, _local government, _non-profit partners,
---private partners, other (identify)
12. Supplemental Funding
a. Is the supplemental funding request for a project that has an open TBRA grant? _Yes, ~No
b. What is the TBRA grant number? SG_-_.
c. Is the request for funding for the purpose of cleaning up unanticipated contamination discovered as a result
of implementing a peA approved RAP or equivalent clean up document? _Yes, _No. If yes,
explain the type and amount of contamination and the estimated additional costs to clean up the
site.
d. Is the request for funding needed to clean up significantly larger quantities of contamination than estimated
in the Rap or equivalent clean up document? _Yes, _No. If yes, explain the type and amount of
contamination and the estimated additional costs to clean up the
site.
22
13. City Resolution Example
A sample resolution authorizing submission of the grant application follows. This example may be modified
to fit applicant needs and interests.
SAMPLE RESOLUTION - Tax Base Revitalization Account
RESOLUTION NO. 959280
CITY OF APPLEBURG, MINNESOTA
AUTHORIZING APPLICATION FOR THE TAX BASE REVITALIZATION ACCOUNT
WHEREAS the City of Appleburg is a participant in the Livable Communities Act's Housing Incentives Program
for 2006 as determined by the Metropolitan Council, and is therefore eligible to make application for funds under
the Tax Base Revitalization Account; and
WHEREAS the City has identified a clean-up project within the City that meets the Tax Base Revitalization
account's purpose/s and criteria; and
WHEREAS the City has the institutional, managerial and financial capability to ensure adequate project
administration; and
WHEREAS the City certifies that it will comply with all applicable laws and regulations as stated in the contract
agreements; and
WHEREAS the City Council of Appleburg, Minnesota agrees to act as legal sponsor for the project contained in
the Tax Base Revitalization grant application submitted on September I, 2005-[IF CITY IS APPLICANT];
BE IT FURTHER RESOLVED that * is hereby authorized to apply to the
Metropolitan Council for this funding on behalf of the City of Appleburg and to execute such agreements as are
necessary to implement the project on behalf of the applicant.
* Private developer or environmental consultant
Mayor
Clerk
14. TBRA Certification of Compliance Regarding Metropolitan Council Policy Restricting LCA
Grants for Projects Using Eminent Domain
The following form must be signed and included with the application:
23
Attachment A
Description of City's Access to Jobs Created
The City of Chanhassen works closely with the Chamber of Commerce and by staff
representation and also through a formal liaison position to coordinate j oint efforts with
the Chamber on both a state and local level. This network between the city and the
business community will serve to get the word out about new job opportunities.
The City also can distribute news about new developments on the City's web site
(wv,rw.ci.chanhassen.mn.us) and through press release to the local media including the
Chanhassen Villager which posts job information both in print and on its website
(VvT\VW .chanvillager. com).
Attachment B
Site Plan and Extent of Contamination
The site location, extent of contamination and development plan are shown on Figures 1
through 4 of the DEED grant (enclosed). The site is a former gun range with lead shot
spread over most of the property. The highest lead concentrations are located in the
lower trap range, the pistol and rifle range areas as shown on Figure 3 of the DEED
application. Soil contamination includes lead, arsenic, antimony, copper, and P AHs.
Attachment C
Development Plans for Site
The developer (Pemtom Land Company) plans to work with the City to revitalize the
lower Flying Cloud Drive area with mixed high and medium density residential housing
with integrated commercial and retail complexes. This developer had a demonstrated
track record of success with this type of development. A commitment letter and
conceptual development plans from similar projects in Eden Prairie and Edina is included
in Attachment F of the DEED application.
There is no question that this last remaining bluff area development in Chanhassen-Eden
Prairie will be in high demand, particularly because of its targeted lower and affordable
price range. As shown in Attachment C of the DEED application, the site is located
between a regional trail, a wildlife area and overlooks the Minnesota Valley Wildlife
Refuge. An analysis of the development and the market analysis are included on Page 11
of the DEED application.
Attachment D
City Council Resolutions
A city council resolution in support of the project that includes TBRA application and
commitment is included in Attachment G of the DEED grant application.
TAX BASE REVITALIZATION ACCOUNT
Project Name: MQ:)~ ~~ AGMlt%MeS e-csPGNSE k"pd\) PlM
Applicant's Name: C. t"t oF c. ~ t4:~
CERTIFICATION OF COMPLIANCE
REGARDING METROPOLITAN COUNCIL POLICY RESTRICTING LCA GRANTS
FOR PROJECTS USING EMINENT DOMAIN
The "Applicant" is a statutory or home rule charter city or town participating in the LCA Local Housing Incentives
Account program, or is a county, housing and redevelopment authority, economic development authority, or port
authority.
On January 25, 2006, the Metropolitan Council adopted a "Policy Restricting Metropolitan Council LCA Grants for
Projects Using Eminent Domain for Economic Development." The policy applied to LeA grants awarded after
January 25, 2006 and private property that was acquired through eminent domain proceedings after January 25,
2006. As of May 20, 2006 governmental units may use eminent domain only for a "public use or public purpose"
as that term is defined in Minnesota Statutes section 117.025, subdivision 11. On June 28, 2006 the Metropolitan
Council revised its eminent domain policy to make its policy consistent with the new state law. The Metropolitan
Council's January 25,2006 policy applies to LCA grant awards and grant agreements made on or after January 25,
2006 and before June 28, 2006. The Metropolitan Council's June 28, 2006 eminent domain policy applies to
LCA grant awards and grant agreements made on and after June 28, 2006. The two policies can be reviewed at:
hUp:! !www.metrocouncil.org!services!livcomm/EminentDomainPolicy.htm
The Council's revised eminent domain policy states that if a notice of petition was served in connection with an
Applicant's project between January 25, 2006 and May 20, 2006, the project is not eligible for LCA funding
unless the project: (1) would have been eligible under the Metropolitan Council's January 25, 2006 policy; or (2)
qualifies for an exemption under Minnesota Statutes section 117.012, subdivision 3 or 2006 Minnesota Laws
chapter 214, section 22, clauses (b) through (e). See the legislation at:
hup:! !ros.leg.mnlbin! getpub. php?type=law &year=2006&sn=O&num=214
Please check ( ) at least one of the following as appropriate for the Project. The Project will not be eligible for
LCA grant funding unless the appropriate certifications are made by the Applicant:
( ~ ON BEHALF OF THE APPLICANT and to the best of my knowledge, I CERTIFY that with regard to
the Project for which LCA funding is requested, no eminent domain authority was used after January
25.2006 to acquire any private property in connection with the Project.
A notice of petition was served durin!! the time period from January 25. 2006 to May 20. 2006, to
acquire private property associated with the Project but, ON BEHALF OF THE APPLICANT and to
the best of my knowledge, I CERTIFY that: (1) the Project would have been eligible under the
Metropolitan Council's January 25, 2006 policy because it qualifies for one of the six exceptions stated
in that policy; or (2) the Project qualifies for an exemption under Minnesota Statutes section 117.012,
subdivision 3 or 2006 Minnesota Laws chapter 214, section 22, clauses (b) through (e).
If a notice of petition was served during this four-month time period to acquire private property to remediate
or clean up pollution or contamination that threatened public health or safety or the environment as permitted
24
by the Council's January 25,2006 policy, then ON BEHALF OF THE APPLICANT, and to the best of my
knowledge, I FURTHER CERTIFY that:
(4) The property owner was/is unable or unwilling to pay for appropriate remediation or clean up; and
(5) Remediation or clean up must occur expeditiously to eliminate or mitigate the threat to public health or
safety or the environment; and
(6) No Responsible Party has been identified or is financially capable of carrying out the remediation or
clean up.
Eminent domain authority was used on or after Mav 20. 2006, to acquire property associated with the
Project but, ON BEHALF OF THE APPLICANT and to the best of my knowledge, I CERTIFY that
eminent domain was used only for a "public use or public purpose" and otherwise complied with the
requirements of Minnesota Statutes chapter 117 and other laws authorizing the exercise of the power
of eminent domain.
THIS CERTIFICATION MUST BE SIGNED BY
THE APPLICANT'S AUTHORIZED OFFICIAL:
Name:
Title:
Signature:
Date:
V/libraryfLiv_Comm_Movc]oldcrrrBRA/FaIl2006 TBRAffBRAapplicationFall2006updatc 7-31 plus ED
25
50b )\LAlf -
T ,:::.,v..."'-, \1.: Gt C'\ c '^-ct '" It.. ') St,o\. ..... \l1bc. i l<..
vI!.. ('..,.~~ ,,"- . LtC ~ (Jv.." \L ioI."':"V ~ ,+ y () .....' \
13. City Resolution Example J ,J ,,' \- 'l\!-< ,(.'-'1 ,r
A sample .resolution auth~rizing submission of the grant application follows. This example may be modified \
to fit apphcant needs and mterests. 'f.~ i> .
SAMPLE RESOLUTION - Tax Base Revitalization Account
WHEREAS the City of Applebu is a participant' the Livable Communities Act's Housing Incentives Program
for 2006 as determined by the Metr olitan Co cil, and is therefore eligible to make application for funds under
the Tax Base Revitalization Account; d
RESOLUTION NO. 959280
CITY OF APPLEBURG, MINNESOT
::T1vJ\
J\- '? 6~"
C~,.
~11-)t,
1, ~~-l1-
WHEREAS the City has identified a cl
account's purpose/s and criteria; and
project within the City that meets the Tax Base Revitalization
WHEREAS the City has the in tutional, manage . I and financial capability to ensure adequate project
administration; and
WHEREAS the City ce
agreements; and
licable laws and regulations as stated in the contract
WHEREAS the ty Council of Appleburg, Minnesota agrees to ct as legal sponsor for the project contained in
vitalization grant application submitted on Septem r I, 2005-[IF CITY IS APPLICANT];
HER RESOLVED that * is he by authorized to apply to the
Metropo tan Council for this funding on behalf of the City of Appleburg d to execute such agreements as are
neces ry to implement the project on behalf of the applicant.
* rivate developer or environmental consultant
Mayor
Clerk
k-
14. TBRA Certification of Compliance Regarding Metropolitan Council Policy Restricting LCA
Grants for Projects Using Eminent Domain
The following form must be signed and included with the application:
23