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HomeMy WebLinkAbout5.C.3. Appointing Cedar Fair L.P. as an agency of the City for purposes of Maintaining the Valley Fair Levee-Res. No. 6932 CITY OF SHAKOPEE S. Gt 3 . Memorandum Mayor & City Council CONSENT TO: Mark McNeill, City Administrator FROM: Bruce Loney, Public Works Director SUBJECT: Consider a Resolution of the City of Shakopee Appointing Cedar Fair L.P.dba Valley Fair Amusement Park as an Agency of the City for Purposes of Maintaining the Valley Fair Levee DATE: September 1, 2009 INTRODUCTION: Attached is Resolution No. 6932, A Resolution of the City of Shakopee Appointing Cedar Fair L.P.dba Valley Fair Amusement Park as an Agency of the City for Purposes of Maintaining the Valley Fair Levee. BACKGROUND: Valley Fair has been in communication with the Federal Emergency Management Agency (FEMA) for a nationwide levee review of areas in flood zones. Valley Fair has maintained a levee for the protection of their park and land from the Minnesota River and has maintained this over the years. In order to secure levee approval from FEMA, all future maintenance activities in regard to levees must be under a jurisdiction of a Federal or State agency or an agency created by Federal or State law or an agency of a community participating in the National Flood Insurance Program (NFIP). The purpose of this resolution is to create that agency for the City of Shakopee for the maintenance of the levee to meet FEMA approval. This resolution has been prepared by the attorneys from Valley Fair and our City Attorney, Jim Thomson. The creation of this agency, known as Valley Fair Levee Maintenance Authority (VLMA), will have the full responsibility and no monetary contribution from the City of Shakopee for the maintenance of the levee. The approval of this resolution is believed to meet FEMA requirements for maintenance of levees in the flood zone and City Council is asked to approve this resolution for the creation of this agency. ALTERNATIVES: 1. Adopt a motion approving Resolution No. 6932, A Resolution of the City of Shakopee Appointing Cedar Fair L.P.dba Valley Fair Amusement Park as an Agency of the City for Purposes of Maintaining the Valley Fair Levee. 2. Do not approve Resolution No. 6932. 3, Table for additional information. RECOMMENDATION: Staff recommends Alternative No.1, as there would be no financial obligation by the City and would help Valley Fair in meeting its FEMA requirements for their lands in the Minnesota River floodplains. ACTION REOUESTED: Adopt a motion approving Resolution No. 6932, A Resolution of the City of Shakopee Appointing Cedar Fair L.P.dba Valley Fair Amusement Park as an Agency of the City for Purposes of Maintaining the Valley Fair Levee. It:w~. Public Works Director ENGR/2009.PROJECTS/2009.COUNCILIMEM6932.V ALLEYFAIR RESOLUTION NO, 6932 A RESOLUTION OF THE CITY OF SHAKOPEE APPOINTING CEDAR FAIR L,P, dba V ALLEYFAIR AMUSEMENT PARKAS AN AGENCY OF THE CITY FOR PURPOSES OF MAINTAINING THE V ALLEY FAIR LEVEE WHEREAS, Valleyfair Amusement Park has maintained a levee for the protection of the park and its lands from flooding of the Minnesota River which has kept it from being considered part of the flood zone (Valleyfair Levee); and WHEREAS, the Federal Emergency Management Agency (FEMA) has undertaken a nationwide levee review as part of remapping flood zones; and WHEREAS, Valleyfair has successfully managed the maintenance of the levee; has the necessary infrastructure to continue its maintenance; and has previously completed a review of the design, construction, operating procedures and maintenance program with FEMA; and WHEREAS, in order to secure levee approval from FEMA all future maintenance activity with regard to the levee must be under the jurisdiction of a Federal or State agency, an agency created by a Federal or State law, or an agency of a community participating in the NFIP; and WHEREAS, the City of Shakopee is a community participating in the NFIP and believes it is proper and necessary in accordance with 44 C.F.R. & 65.10 to create the Valleyfair Levee Maintenance Authority which shall assume the ultimate responsibility for the ongoing maintenance of the Valleyfair levee. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, AS FOLLOWS: 1. Cedar Fair L.P. dba Valleyfair Amusement Park as owner of the Valleyfair Levee is hereby appointed as an agency of the City of Shakopee solely for the purposes of the maintenance of the Valleyfair Levee and shall be known as and hereinafter referred to as the Valleyfair Levee Maintenance Authority (VLMA); 2. The VLMA shall assume the ultimate responsibility for the ongoing maintenance of the Valleyfair Levee and compliance with FEMA regulations at its own cost without monetary contribution from the City of Shakopee and shall provide the City of Shakopee with periodic status reviews of the levee maintenance plan; 3. In the event of a change of ownership of the park the successor in interest shall be required as part of the purchase to assume the responsibilities of the VLMA; be subject to and governed by the terms of this Resolution; and be responsible for the ongoing maintenance of the Valleyfair Levee. 4. In the event that the levee becomes obsolete the VMLA may at that time abandon the future usage of the levee after first providing proper notice to FEMA and taking the required steps for the discontinuation of its usage. Upon the cessation of the usage of the Valleyfair Levee the VLMA will be disbanded and will cease to exist as an agency of the City of Shakopee. Adopted in session of the City Council of the City of Shakopee, Minnesota, held this _ day of ,2009. John J. Schmitt, Mayor ATTEST: City Clerk