HomeMy WebLinkAbout04/12/1994 TENTATIVE AGENDA
SHAKOPEE, MINNESOTA
COMMITTEE OF THE WHOLE APRIL 12 , 1994
Location: City Hall, 129 Holmes Street South
Mayor Gary Laurent presiding
. 1] Roll Call at 5: 30 P.M.
2] Approval of Minutes: March 15th, 1994
3] Proposed Zoning Ordinance
a] Review of the draft Floodplain Overlay Zone
b] Start with Sec. 11. 61, Parking (page 84) and
go through the rest of the ordinance in order
4] Recess for a Council Meeting at 7 : 00 P.M.
CITY COUNCIL TENTATIVE AGENDA:
1] Roll Call at 7 : 00 P.M.
2] Legal Department Staffing
3] CSAH-15 from 6th Avenue to 13th Avenue extended - memo
on table
4] Other business
5] Adjourn to Tuesday, April 19, 1994 at 7: 00 P.M.
5] Re-convene
6] Continue discussion on proposed Zoning Ordinance
7] Adjourn at 8: 00 P.M.
Dennis R. Kraft
City Administrator
OFFICIAL PROCEEDINGS OF THE CITY COUNCIL
COMMITTEE OF THE WHOLE SHAKOPEE, MINNESOTA MARCH 15, 1994
Mayor Laurent called the meeting to order at 5: 03 P.M. with
Councilmembers Lynch and Sweeney present. Cncl.Beard arrived at
5: 10 P.M. and Cncl.Dirks at 5: 17 P.M. Staff members present were:
Dennis R. Kraft, City Administrator; Karen Marty, City Attorney;
Judith S. Cox, City Clerk; and Lindberg Ekola, City Planner.
Sweeney/Lynch moved to approve the Minutes of February 2nd, 4th,
and 16th, 1994 . Motion carried unanimously.
SEC. 11.33 HEAVY INDUSTRY ZONE (I-2)
Ms. Marty asked Councilmembers if they wished to add "Major
Recreation" to the I-2, Heavy Industry Zone. She explained that
she had a recommendation on how to handle the zoning text for
Valleyfair. There was a consensus to discuss this at the March
29th meeting when representatives of Valleyfair could be present
and that there should be no "Major Recreation" use in the I-2 zone.
Cncl. Sweeney questioned the one (1) acre minimum lot area for the
I-2 zone. Mr. Ekola explained that both the Zoning Ordinance
Committee (ZORC) and the Planning Commission recommended one (1)
acre minimum lot area for the I-2 zone.
Councilor Beard entered and took his seat.
SEC. 11.40 PLANNED UNIT DEVELOPMENT (PUD)
Mr. Ekola stated that there is no longer a credit available for the
park dedication requirements but instead that the credit is
directed to the open space requirements for the PUD.
Mayor Laurent pointed out that Subd. 4A which allows residential
densities to be increased up to 20 percent if the site is within
the RR or R-1A zone and is served with septic systems is
inconsistent with the Metropolitan Council agreement.
Councilor Dirks entered and took her seat.
Ms. Marty suggested striking the last sentence in Subd. 4A,
paragraph one. Councilmembers were in concurrence.
Referencing Subd. 2 , Cncl. Sweeney suggested trading open space for
lots which could be available through the HRA for affordable
housing when a development is more than ten lots. Mayor Laurent
suggested putting the requirement in the residential zone versus
requiring a PUD for all plats. Mayor Laurent also suggested
deferring making a change until after an HRA meeting on housing.
Ms. Marty stated that the matter could also be addressed in the
subdivision ordinance.
Official Proceedings of the March 15, 1994
Committee of the Whole Page -2-
Referencing Sec. 11. 22 , Subd. 5, Mr. Kraft explained how allowing
one dwelling per 10 acres in the Rural Residential zone (RR) could
also be in conflict with the Metropolitan Council agreement.
Discussion followed on how to implement the 1 in 10 acres and the
64 per 640 acres density restriction contained in the Metropolitan
Council agreement. Ms. Marty offered to contact the Metropolitan
Council advising them on how Shakopee interprets the development
restriction in unsewered areas and ask for their clarification if
they do not concur.
Mayor Laurent expressed concern about a PUD in the downtown area
being able to meet the 20% open space requirement. Mr. Ekola
explained that a 75% credit would bring the open space requirement
down to 5% of the project. Mayor Laurent thought that would be
okay since the B-3 zone allows mixed uses.
Ms. Marty suggested adding to Subd. 4. B. Maximum impervious
surface percentage: as required in the underlying zone: "unless
modified in the development plan". Councilmembers concurred.
Mayor Laurent questioned requiring all land to be in a PUD if the
owner only desires to put part of his property in a PUD. Ms. Marty
explained that we do not have to require all of the land to be in
a PUD, but do need to require a concept plan. It isn't mandatory,
but it gets the developer to think and plan. Cncl.Sweeney stated
that he is willing to accept a redraft to afford more flexibility.
Under Subd. 6, reference to the R-1A zone will be eliminated
because it no longer exists. AG was added to the first sentence.
Sweeney/Beard moved to direct staff to re-draft Section 11. 40 in
concert with Mayor Laurent to maximize flexibility within the PUD
regarding requiring the entire land ownership to be included in the
PUD. Motion carried unanimously.
SEC. 11. 42 SHORELAND OVERLAY ZONE (SH)
Cncl. Sweeney asked what part of the shoreland overlay zone was not
required by the DNR. Ms. Marty responded that this section is
taken from the DNR requirements.
Sweeney/Dirks moved to approve the Shoreland Overlay Zone as
presented. Motion carried unanimously.
Mr. Jon Albinson asked the City Council to ask the DNR to allow for
variances within their delineation of a shoreland zone which is
1, 000 feet from the ordinary high water mark. He suggested adding
language to Sec. 11. 42 , Subd. 2 . A. : "The regulations of the
shoreland overlay zone shall apply to all lands within 1000 feet
'or as mapped' of the ordinary high water level of the following
public waters as mapped: . . . " . City Councilmembers concurred. Ms.
Marty suggested adding, "whichever is less restrictive" .
- Official Proceedings of the March 15, 1994
Committee of the Whole Page -3-
SEC. 11. 60 PERFORMANCE STANDARDS
With regards to Subd. 4 . B. , Mayor Laurent asked why aluminum,
asbestos, tine, or steel are not acceptable materials for the
exterior of a structure in the business zones and in the R-2 and R-
3 zones. Discussion followed on what materials should not be
allowed for the exterior of a structure in these zones.
Beard/Sweeney moved to strike the last sentence in Subd. 4 . B. :
"Aluminum, asbestos, tin, or steel are not acceptable materials for
the exterior of a structure". Motion carried with Cncl.Dirks and
Lynch opposed.
Discussion ensued on the construction materials in the industry
zones for any portion of a structure facing a street, Subd. 4 . C.
Mr. Terry Joos, Chairman of the Planning Commission, explained the
Planning Commission's recommendation. Ms. Marty stated that Subd.
4 . B. could be worded to require that the listed material be used
or other materials which are similar in color, texture,
wearability, and safety. This would lock into the good materials
with the flexibility for the new materials that are coming in.
Cncl.Beard suggested adding to Subd. 4 . B. the last part of Subd.
4 . C. : "or similar materials shall be used for any portion of a
structure facing a street.
Mr. Ekola stated that adding language which addresses "similar
materials" puts interpretation into the hands of staff which can be
appealed by an applicant by going to the Board of Adjustments and
Appeals. This is simpler than applying for a variance and having
to meet the criteria for a variance.
Mayor Laurent asked Ms. Marty how to structure the ordinance so
that staff could approve the kind of materials and their decision
could be appealed by the applicant to the Board of Adjustments and
Appeals. Ms. Marty recommended that, in paragraph 4 . B. , we could
require in those zones that those be the materials used or similar
materials, similarity shall be determined by the Board of
Adjustments and Appeals based on listed criteria. Cncl. Sweeney
suggested including some wording that would include what are
recognized exterior building materials such as aluminum siding,
steel siding, and vinyl. Councilmembers concurred.
No changes were recommended for Subd. 5. Council will start with
Subd. 6, Grading, Filling and Excavation at their next meeting to
discuss the zoning ordinance, set for March 29th.
Mayor Laurent adjourned the meeting at 7 : 33 P.M.
r J.
72/>6
J ith S. Cox
C ty Clerk
C\
MEMORANDUM
TO: MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Karen Marty, City AttorneleAl •
DATE: April 8, 1994
RE: ValleyFair and the Floodplain Provisions
Last week I met with the attorneys for ValleyFair to discuss
the floodplain provisions . We have agreed upon some changes which
meet the intent of the DNR model ordinance and substantially
benefit ValleyFair. A draft of the ordinance showing the changes
we both recommend is attached.
__ - :% 7.•'tcs-y .#Og-.:=- Y- a'c=-i.r-� •:.:+:E "+'k _.,e.
to be discussed with the DNR. Those discussions have not yet taken
place. A letter from ValleyFair' s attorneys regarding these items
is attached.
ALTERNATIVES
' G;nns
Additional changes can be brought forward iater and adopted when
approved by the DNR.
2 . Modify the attached revised draft floodplain provisions
and then adopt them.
3 . Table the floodplain provisions until the final details
are worked out with the DNR.
4 . Adopt the previous draft floodplain provisions .
RECOMMENDATION:
Move to adopt the attached revised draft floodplain
provisions .
Attachments
[8 CCL]
SEC. 11.43 . FLOODPLAIN OVERLAY ZONE (FP) . •
Subd. 1. Purpose. The flood hazard areas of Shakopee are subject
to periodic inundation which results in potential loss of life,
loss of property, health and safety hazards., disruption of commerce
and governmental services, extraordinary' public expenditures or
•
flood protection and relief, and impairment of the tax base, all of
which adversely affect the public health, safety, and general
- - - -welfare.-- - This section -is-. based upon a ..reasonable method .-of
analyzing flood hazards which is , consistent with the standards
established by the Minnesota department, of natural resources. It
is the purpose of this section to promote the public health,
safety, and general welfare, and to minimize those losses described
above.
Subd. 2 . Areas Covered.
A. Generally. This section applies to all lands within the
City shown as being within the floodway or flood fringe
areas, which together shall be known as the floodplain
overlay zone. Such areas may be shown on the official
zoning map or on the flood insurance study for Shakopee
prepared by—the F the lel od rance bounda Administration dated
and insurance rate map dated , all of which
are hereby adopted by reference.
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B. Floodplain Subzones. The floodplain zone is hereby
divided into the floodway area and flood fringe area.
Together;.these_ comprise_ the. floodplain_over,lay. zone ._,_
1. Floodway Area. The floodway area includes those
areas designated as floodway on the flood boundary
and floodway map.
2 . Flood Fringe Area. The flood fringe area includes
those areas designated as floodway fringe on the
flood boundary and floodway map.
Subd. 3 . Permitted Uses in the Floodwav Area. Within the floodway
area, no structure or land shall be used except for one or more of
the following uses, which also must be a permitted use in the
underlying zone:
A. agricultural uses;
B. parking and loading spaces;
C. airport landing strips;
D. commercial recreation, minor or major;
E. public recreation; and
F. recreational equipment .
Subd. 4. Permitted Uses in the Flood Fringe Area. Within the
flood fringe area, no structure or land shall be used except for
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a'' owR::::`:: uocs permittcd- in the"underlying--zone, except as specified
n Subd. 6 below.
Subd. 5. Conditional Uses in the Floodway Area. Within the
floodway area, no structure or land shall be used for the following
uses except by conditional use permit, which also must ..be a •
permitted or conditional use in the underlying zone :
A. structures accessory to the permitted uses listed above
or other conditional uses;
_, - - _ -
C. mining and storage of sand, gravel, and other mined
materials;
D. marinas, boat rentals, docks, piers, wharves, and water .
control structures;
E. railroads, streets, bridges, utility transmission lines,
and pipelines;
F. storage yards for equipment, machinery, or materials;
G. campground3, including campgrounds with facilities for
recreational vehicles;
H. structural works for flood control such as levees, dikes,
and floodwalls constructed to any height where the intent
is to protect individual structures, and levees or dikes
where the intent is to protect agricultural crops for a
frequency flood event equal to or less than the 10-year
frequency flood event; and
I. other uses similar in nature• to uses described above and
which are consistent with the other provisions of this
Chapter, as determined by the Board of Adjustment and
Appeals .
Subd. 6. Conditional Uses in the Flood Fringe Area. Within the
flood fringe area, no structure or land shall be used for the
following uses except by conditional use permit, which alio mu3t be
o permittcd or conditional U3C in the undcrlying zone :
A. fill or other similar material, such as for on-site
storage, landscaping, sand and gravel operations,
landfills, roads, dredge spoil disposal, or construction
of flood control works, where at any one time in excess
of one-thousand cubic yards of fill is located on the
parcel, unless said fill is specifically intended to
elevate a structure;
B. structures not elevated on fill or flood proofed in
accordance with Subd. 6 .B. below; and . .
C. storage of materials or equipment below the regulatory
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Subd. 7 . Additional Requirements. .
A. Floodway Permitted Uses. Floodway permitted uses shall
meet the following standards :
._ _ _ -'
and
2 . The use shall not obstruct flood flows or increase
flood elevations and shall not involve structures,
fill, obstructions, excavations, or storage of
materials or equipment.
B. Flood Fringe Permitted Uses. Flood fringe permitted uses
shall meet the following standards:
1. All structures shall be elevated on fill so that
the lowest floor including basement floor is at or ,
•
above the regulatory flood protection elevation.
the finished fill elevation for structures shall be
no lower than one (1) foot below the regulatory
flood protection elevation and the fill shall
extend at such elevation at least fifteen (15) feet
beyond the outside limits of the structure erected
thereon.
2 . As an alternative to elevation on fill, accessory
structures that constitute a minimal investment and
that do not exceed 500 square feet for the outside
dimension at ground level may be internally flood
proofed in accordance with the FP-1, FP-2, FP-3 , or
FP-4 flood proofing classification in the State
Building Code . For a detached garage, the detached
garage must be used solely for parking of vehicles
and limited storage. All flood proofed accessory
structures must meet the following additional
standards, as appropriate :
a. The structure must be adequately anchored to
prevent flotation, collapse or lateral
movement of the structure and shall be
designed to equalize hydrostatic flood forces
on exterior walls; and
b. Any mechanical and utility equipment in the
structure must be elevated to or above the
regulatory flood protection elevation or
properly flood proofed.
3 . The storage of any materials or equipment shall be
elevated on fill to the regulatory flood protection
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this?<::Secti . •
C. All Flood Fringe Uses. Flood fringe permitted uses shall
meet the .following standards : .z__;_
1. Access. All new principal structures shall have
vehicular access at or above an elevation not more
elevation. A variance may be granted to this
requirement if the Board of Adjustment and Appeals
finds that adequate flood warning time and flood
emergency response procedures exist, and if
specific limitations are placed on the period of
use or occupancy of the- structure.
2 . Business and Industry Uses. Accessory uses to a
business use, such as yards, railroad tracks, , and
parking facilities, may be 'at` elovations"tower: than
the regulatory flood protection elevation.
However, facilities to be used by the employees or
the general public shall not be allowed in the
absence of a flood warning system that provides
adequate time for evacuation if the area would be
inundated to a depth greater than two feet or be
subject to flood velocities greater than four feet
per second upon the occurrence of the regional
flood.
3 . Industry Uses. Measures shall be taken to minimize
interference with normal plant operations
especially along streams having protracted floor
durations . Due consideration shall be given to
needs of an industry whose business requires that
it be located in flood plain areas .
4 . Fill. Fill shall be properly compacted and the
slopes shall be properly protected by the use of
riprap, vegetative cover, or other acceptable
method. If a change of special flood hazard area
designation will be requested, the Federal
Emergency Management Agency criteria for compaction
and side slope protection should be investigated.
5 . Hydraulic Capacity. Flood plain developments shall
not adversely affect the hydraulic capacity of the
channel and adjoining flood plain of any tributary
watercourse or drainage system where a floodway or.
other encroachment limit has not been specified on
the zoning map.
D. Public Utilities and Transportation Facilities.
1. Utilities. All public utilities and facilities
such as gas, electrical, sewer, and water supply
systems shall be flood proofed in accordance with
the State Building Code or elevated to above the
regulatory flood protection elevation.
2 . Transportation Facilities. Railroad tracks, roads,
and bridges shall be elevated to the regulatory
flood protection elevation where failure or
would result in danger to the public health or
safety or where such facilities are essential to
the orderly functioning of the area. Local roads
or railroad spur lines may be constructed at a
lower elevation where failure or interruption of
service would not endanger the public health or
safety.
3 . On-site Sewage Treatment and Water Supply System.
Where public utilities are not provided, on-site
water supply systems must be designed to minimize
or eliminate infiltration of flood waters into the
systems. New or replacement on-site sewage
treatment systems must be designed to minimize or
eliminate infiltration of flood waters into the
systems and discharges from the systems into flood
waters, and they shall not be subject to impairment
or contamination during times of flooding. Any
sewage treatment system designed in accordance with
the state' s current statewide standards for on-site
sewage treatment systems shall be determined to be
in compliance with this Chapter.
E. Relocated Residential Structures. The placement of
relocated residential structures, including new or
replacement manufactured homes, will be treated as a new
structure and may be placed only if elevated in
compliance with this Chapter. All relocated residential
structures shall be securely anchored to an adequately
anchored foundation system that resists flotation,
collapse, and lateral movement . Anchoring may include,
but is not limited to, use of over-the-top or frame ties
to ground anchors .
F. Permit. In addition to the usual Building Permit
required for new construction, the Zoning Administrator
shall grant a permit prior to the placement of fill,
excavation of materials, or the storage of materials or
equipment in the flood plain. The applicant shall submit
certification by a registered professional engineer,
registered architect, or registered land surveyor that
the finished fill and building elevations were
accomplished in compliance with the provisions of this
Chapter. Flood proofing measures shall be certified by
a registered professional engineer or registered
architect .
G. Record of First Floor Elevation. The Zoning
Administrator shall maintain a record of the elevation of
the lowest floor (including basement) of all new
structures and alterations or additions to existing
structures in the flood plain. The Zoning Administrator
also shall maintain a record of the elevation to which
structures and alterations or additions to`structures =are ' T-
flood proofed. * (delete paragraph F in Subd. 13 of Sec.
11 . 85, CUPs . ) *
Subd. 8 . Warning and Disclaimer of Liability. This Chapter does
not imply that areas outside the floodplain overlay zone or land
uses permitted within such zones will be free from flooding or
flood damage . This Chapter shall not create liability on the part
of the City or any officer or employee thereof for any flood
damages that result from reliance on this Chapter or any
administrative decision lawfully made hereunder.
****************CUP provisions
M. flood fringe area structures not elevated on fill or
flood proofed:
1. shall elevate the lowest floor above the regulatory
flood protection elevation. This may be done
through the use of stilts, pilings, parallel walls,
etc. , or above-grade, enclosed areas such as crawl
spaces or tuck under garages. The base or floor of
an enclosed area shall be considered above-grade
and not a structure' s basementor lowest floor if : .
(1) the enclosed area is above-grade on at least
one side of the structure; . (2) it is designed to
internally flood and is constructed with flood
resistant materials; and (3) it is used solely for
parking, building access, or storage. In addition,
the following additional standards 'shall
a. Design and Certification. The structure' s
design and as-built condition shall be
certified by a registered professional
engineer or architect as being in compliance
with the general design standards of the State
Building Code and, specifically, . that all
electrical, heating, ventilation, plumbing,
air conditioning equipment, and other service
facilities shall be at or above the regulatory
flood protection elevation or be designed to
prevent flood water from entering or
accumulating within these components during
times of flooding.
b. Specific Standards for Above-grade, Enclosed
Areas. Above-grade, fully enclosed areas such
as crawl spaces or tuck under garages shall be
designed to internally flood and the design
plans shall stipulate: (1) The minimum area
of openings in the walls where internal
flooding is to be used as a flood proofing
technique. When openings are placed in a
structure' s walls to provide for entry of
flood waters to equalize pressures, the bottom
of all openings shall be no higher than one
foot above grade. Openings may be equipped
with screens, louvers, valves, or other
coverings or devices provided that they permit
the automatic entry and exit of flood waters;
and (2) the enclosed area shall be designed of
flood resistant materials in accordance with
the FP-3 or FP-4 classifications in the State
Building Code.
2 . for a dwelling, shall not have a basement below the
regulatory flood protection elevation;
3 . for a structure other than a dwelling, may have a
basement below the regulatory flood protection
elevation, if all areas of the structure below the
regulatory flood protection elevation are flood
proofed to the FP-1 or FP-2 flood proofing
classification in the State Building Code .
Structures flood proofed to the FP-3 or FP-4
classification shall not be permitted.
M. flood fringe area fill or other similar material, such as
for on-site storage, landscaping, sand and gravel
operations, landfills, roads, dredge spoil disposal, or
construction of flood control works, where at any one •
time in excess of one-thousand cubic yards of fill is
located on the parcel, unless said fill is specifically
intended to elevate a structure : ••
1 . shall submit an erosion/sedimentation control plan,
clearly specifying methods to be used to stabilize
the fill on site for a flood event at a minimum of
the 100-year or regional flood event . The plan
shall be prepared and certified by a registered
professional engineer. The plan may incorporate
alternative procedures for removal of the material
from the flood plain if adequate flood warning time
exists .
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flood fringe arca storage of materials or equipment below
c regulatory flood protection elevation:
1 . shall not include the storage or processing of
materials that, in time of flooding, arc flammable,
explosive, or potentially injurious to human,
animal, or plant life; and
2 . shall submit a plan for removal of the materials
and equipment from the arca within the time
available after a flood warning.
N. floodway area structures accessory to a permitted or
conditional use :
1 . shall not cause any increase in the stage of a 100-
year or regional flood or cause an increase in
flood damages in the reach or reaches affected;
2 . shall not be designed for human habitation;
3 . shall be constructed and placed on the building
site so as to offer the minimum obstruction to the
flow of flood waters. Whenever possible,
structures shall be constructed with the
longitudinal axis parallel to the direction of
flood flow. So far as practicable, structures
shall be placed approximately on the same flood
flow lines as those of adjoining structures;
4. shall be elevated on fill or structurally dry flood
proofed in accordance with, the FP-1 or FP-2 flood
proofing classifications in the State Building
Code. As an alternative, an accessory structure
may be flood proofed to the FP-3 or FP-4 flood
proofing classification in the 'State 'Building' Code
provided the accessory structure constitutes a
minimal investment, does not exceed 500 square feet
in size, and for a detached garage, the detached
garage must be used solely for parking of vehicles
and limited storage. All flood proofed accessory
structures must meet the following additional
standards, as appropriate:
a. The structure must be adequately anchored to
prevent flotation, collapse or lateral
movement of the structure and shall be
designed to equalize hydrostatic flood forces
on exterior walls; and
b. Any mechanical and utility equipment in the
structure must be elevated to or above the
regulatory flood protection elevation or
properly flood proofed.
O. floodway area placement of fill :
1. shall not cause any increase in the stage of a 100-
year or regional flood or cause an increase in
flood damages in the reach or reaches affected.
2 . shall not include spoil from dredging, or sand and
gravel mining operations, unless a long-term site
development plan is submitted which includes an
erosion and sedimentation prevention element; and
3 . shall be protected from erosion by vegetative
cover, mulching, riprap, or other acceptable
method.
P. floodway area storage yards for equipment, machinery, or
materials :
1. shall not cause any increase in the stage of a 100-
year or regional flood or cause an increase in
flood damages in the reach or reaches affected.
2 . shall not include any material that, in time of
flooding, is flammable, explosive, or potentially
injurious to human, animal, or plant life.
3 . shall be limited to materials or equipment which is
readily removable from the area within the time
available after a flood warning and in accordance
with a plan approved by the Board of Adjustment and
Appeals.
Q. floodway area uses including (1) mining and storage of
sand, gravel, and other mined materials; (2) marinas,
boat rentals, docks, piers, wharves, and water control
structures; (3) railroads, streets, bridges, utility
transmission lines, and pipelines; (4) campgrounds,
including campgrounds with facilities for recreational
vehicles; and (5) other uses similar to those permitted,
shall not cause any increase in the stage of a 100-year
or regional flood or cause an increase in flood damages
in the reach or reaches affected.
Q. floodway area structural works for flood control such as
levees, dikes, and floodwalls constructed to any height
where the intent is to protect individual structures, and
levees or dikes where the intent is to protect
agricultural crops for a frequency flood event equal to
or less than the 10-year frequency flood event :
1. shall be subject to the provisions of Minn. Stat .
Chapter 105, if they will change the course,
current, or cross-section of protected wetlands or
public waters;
2 . shall be prohibited if they are community-wide
structural works for flood control intended to
remove areas from the regulatory flood plain; and
3 . shall not cause an increase to the 100-year or
regional flood. The technical analysis must assume
equal conveyance or storage loss on both sides of a
stream.
04 08194 09:24 FAX 6123407800 DORSEY WHITNEY 16002
DORSEY & WHITNEY
A PART.YAM aciesm. AL Coara•r++•
gOCHEg'SER,MK
NEW YORK pILLSRURY CENTER SOUTH •
220 SOUTH SIXTH STREET9ILLINOS
MrA9HINi3T02:, D. C. MINNEAPOLIS,MINNESOTA 55402-1498
GREAT FALLS
DENVER. 612) 340-2..500
Eta(612)340-2608 Di 19 3 0 S:LA
ORANGE COUNTY,CA _
DES 3101 NES
LONDON G.lB sao 4
JEFFREY R.
W RSON FARGO
�aLTSSEI.S t61 2757
April 7,1994
Karen Marty
City Attorney
City of Shakopee
129 South Holmes Street
Shakopee, Minnesota 55379
B Fa simf bail
RE: Valleyfair
Proposed Floodplain Ordinance I
Dear Karen:
Thank you for meeting with us last Monday. We received this morning the
changes you made to the proposed revisions to the floodplain overlay zone. As we
discussed, we have set out below our written comments on the newest draft.
1. Subd. 1. Purpose. Please add at the end of this section the following
language:
"The FP Zone is an overly zoning district existing land use oo �ns of the
City, and the requirements of this Section ddition theegally
_
established regulations of the City- The
euses l Sh d underlying zoningtion distr mall be
permitted only if not prohibited
Where this Section imposesgreater than in the underlying , the
provisions of this Section shapply."y
e
As indicated below, this will eliminate elieve, will eliminate some unnecessary confusion.subsection by subsection, and, we
2. Subd. 3. Permitted Uhesin the which also be a permitted use in theollowing
dwa Area. Please delete the
language in the opening paragraph, o
. 1, and
underlying zone". This concept iscovered
be misconstrued as prohibiting thetusesluted in
the reference to "permitted use could
5 12-34a7;300
Hpp-08-1 c7-A4 C? -
04/08/94 09:25 FAX 6123407800 DORSEY WHITNEY 003
DORSEY & WHITNEY
Karen Marty
April 7, 1994
Page 2
this Subd. 3 even though they may be approved conditional or PUD uses in the
underlying zone rather than expressly permitted uses.
At a minimum, this section needs to be revised to parallel the changes you have
made at Subd. 4, i. e., to read "Within the floodway area, no structures or land shall be
used except for one or more of the permitted, conditional or accessory uses allowed in the
underlying zone, except as specified in Subd. 5 below".
3. Subd. 5. Conditional Uses in the Floodway Area. Please delete the words
"which also must be a permitted or conditional use in the underlying zone" in the
opening paragraph to parallel the changes you have made to Subd. 6.
4. Subd. 6. Conditional Uses in the Flood Fringe Area. As explained more fully
in the specific comments below, we would like to see the ordinance further revised to
eliminate many of these conditional use permit requirements with respect to structures in
the flood fringe development (as opposed to floodway development). The scheme of the
ordinance should be that any structure allowed under underlying zoning should be
allowed in the flood fringe area so long as all state and local building codes regarding
elevation of structures or flood proofing of structures are complied with.
Accordingly, we ask that Subd. 6. A. be deleted. A conditional use permit should
not be required for placing fill in the flood fringe (as opposed to the floodway). An
additional problem for Valleyfair is that this provision only exempts from the conditional
use permit requirements fill that is specifically intended to elevate a structure. The
exemption does not seem to apply placing fill for the elevation of roads, driveways,
parking areas and the like. Requiring a conditional use permit for every driveway,
roadway and parking area constructed on fill in the flood fringe seems an unnecessary
administrative burden for both Valleyfair and the City. The proposed ordinance already
incorporates standards for fill (see Subd. 7.C.). There appears to be little need for a
conditional use permit procedural overlay on these standards.
Similarly, the "2nd M" under the proposed CUP provisions should be deleted.
5. Subd. 7. Additional Requirements.
a. We suggest that Subd. B. and C. be combined under a new Subd. B. entitled
"All Flood Fringe Uses" (i.e., under the heading now used for "C") and that
the opening paragraph of this subdivision be revised to read "Floodway uses
(instead of the present "floodway permitted uses"] shall meet the following
standards:".
b. We suggest that in Subd. B.2. the words "accessory structures that constitute a
minimal investment and that do not exceed 500 square feet for the outside
AFP-08-199- 09:29 51240T800 .742
POPHAM HAIK
SCHNOBRICH & KAUFMAN, LTD.
U.S.OFFICES: SUITE 3300 INTERNATIONAL OFFICES
222 SOUTH NINTH STREET LEIPZIG,GERMANY
DENVER,COLORADO
TEL 303-693-1200 MINNEAPOLIS. MINNESOTA 55402 TEL 01149-341-4918429
MIAMI,FLORIDA TEL 612-333-4800 STUTTGART,GERMANY
TEL 01143-711-22363
TEL 303-530-0050 Fax 612-334-8888
WASHINGTON,D.C.
TEL 202-962-8700
BRUCE D.MALKERSON,ESQ.
DIRECT DIAL(612)334-2695
April 12, 1994
Mayor and City Council
City of Shakopee
129 Holmes Street South
Shakopee, Minnesota 55379
Re: Proposed Rezoning and Zoning Ordinance Changes
Canterbury Park Holding Corporation
Our File No. 17211-001
Ladies and Gentlemen:
As a follow up on my first letter to you, we ask that you consider adopting the
following change to the Major Recreation Zone Ordinance in the event you are not willing to
list all of the specific existing uses already existing at Canterbury Downs as part of the
allowed Conditional Use or Planned Unit Development Uses in the Major Recreation Zone.
We ask that at least a racetrack that has a Class A license from the Minnesota Racing
Commission be listed as a permitted use under Subdivision 2 "Permitted Uses" of proposed
Section 11.31 of the Major Recreation Zone.
Canterbury Downs was built as a permitted use and in reliance upon the fact that it
was a permitted use.
Even if it were again listed as a permitted use, Canterbury Downs would still need to
obtain and would seek approval as a PUD in order to ensure that it had City approval under
all of the new performance standards, otherwise as to those new performance standards it may
be only a legal non-conforming use which as a practical matter, Canterbury Downs cannot
afford to be because of the resulting adverse impact on future financing and potential growth.
015/22042136 4/12/94
Canterbury Downs is unique because there can only be one Class A licensed racetrack
for thoroughbred and/or quarter horse racing in the Seven County Area. No one else can
apply for a similar new Class A licensed racetrack in the City
It is unlike other major commercial recreation uses which are not licensed by the State
and are not limited in number by State law.
As a permitted use, Canterbury Downs has a continued legal right to exist, but will be
a non-conforming use as to some performance standards unless the appropriate PUD is
approved.
Thank you.
Very truly yours,
Bruce D. Malkerson
BDM:sam
015/22042136 4/12/94
POPHAM HAIK
SCHNO8RICH & KAUFMAN, LTD.
U.S.OFFICES
SUITE 3300 INTERNATIONAL OFFICES
222 SOUTH NINTH STREET LEIPZIG,GERMANY
DENVER,COLORADO
TEL OI149-341-4 184
TEL 303-893-1200 MINNEAPOLIS, MINNESOTA 55402
MIAMI,FLORIDA TEL 612-333-4800 STUTTGART,GERMANY
TEL 01149-711-22363
TEL 305-530-0050 FAX 612-334-8888
WASHINGTON,O.C.
TEL 202-962-8700
BRUCE D. MALKERSON,ESQ.
DIRECT DIAL(612)334-2695
April 12, 1994
Mayor and City Council
City of Shakopee
129 Holmes Street South
Shakopee, Minnesota 55379
Re: Proposed Rezoning and Zoning Ordinance Changes
Canterbury Park Holding Corporation
Our File No. 17211-001
Ladies and Gentlemen:
I. Introduction
•
As you know, Stan Bowker and I.-appeared before you on March 29, 1994. We
indicated then that we had just learned of the proposed zoning ordinance change that would
affect Canterbury Downs and had just met with Lindberg Ekola, the City Planner, in order to
obtain a copy of the ordinance. At the public meeting numerous changes were adopted by the
Council and we are not sure we have understood all of them. In any event, we have tried to
set forth our concerns hereinafter for your review.
II. Background
We think it may be helpful to discuss briefly the zoning history of Canterbury Downs.
When the original owners were looking for a site on which to build the racetrack, we (I was
their legal counsel) were persuaded in part to locate Canterbury Downs where it is now
located because of two important factors:
1. A racetrack (with related uses) and recreational uses were permitted uses. A
Conditional Use Permit was needed only for the grandstand height because it
was in excess of 35 feet. Most of the property was zoned I-2 (Heavy
01522042136 4/12/94
April 12, 1994
Page 2
Industrial), and a portion to the south was zoned B-1. Since the 1960s
"Commercial Recreation" was a permitted use in these districts and was
defined as follows:
"Commercial Recreation -- Recreation at facilities such as
bowling alleys, tennis courts, racetracks, etc. constructed
and operated by private enterprise."
The parking lot area on the west was zoned I-1 (Light Industrial) where
parking was a permitted use.
2. The site was in the middle of an industrial park, with industrial zoning on all
sides so we knew that through the years residential uses would not develop
adjacent to-the racetrack which residential development could otherwise cause
public relations problems in the future because of the traffic, noise, lights, etc.,
inherent in the use of a racetrack and entertainment facility. All of the
property to the west was zoned I-1 (Light Industrial).
Since the opening of Canterbury Downs, the owners of the facility have enjoyed good
relations with its industrial neighbors.
The Environmental Impact Statement ("EIS") for Canterbury Downs approved by the
City in 1984 outlined the uses and impacts inherent in a racetrack and recreational uses. The
EIS and Application for the Class A and Class B Licenses approved by the City Council set
forth in detail all of the racetrack and recreational uses approved by the City.
Thereafter, the RTD District was created as a result of studies conducted by the City
and its consultants, which studies confirmed the importance of having non-residential uses
adjacent to the racetrack and the access roads to the racetrack and a variety of mixed uses for
Canterbury Downs. The anticipated growth of retail uses in the RTD District surrounding the
racetrack did not develop except along the intersection of County Road 83 and the future
bypass, e.g., Canterbury Inn and a 10,000 square foot retail center.
In the event that the Council decides to eliminate the RTD District, we hope that the
Council will return the zoning of the land to the west and north of Canterbury Downs to the
I-1 Light Industrial District for the reasons noted above.
015/22042136 4/12194
April 12, 1994
Page 3
We understand that Canterbury Downs is now a legal non-conforming use and may
continue as such. I believe the original owners of Canterbury Downs never applied to
become a PUD under the RTD because no one suggested that they do so.
III. Review of Proposed Zoning Ordinance
A. Proposed Permitted and Conditional Uses
We understand from the Council's action on March 29, 1994 that in the event that the
zoning ordinance is adopted and the RTD District is eliminated and Canterbury Downs is
rezoned to the Major Recreation Zone, that Canterbury Downs may continue with its
historical uses as a legal non-conforming use, as permitted by law. However, Canterbury
Downs will apply immediately for a PUD or Conditional Use Permit (most likely a PUD) as
provided for in the proposed ordinance. We understand further that it is not the intent of the
City Council to use the new ordinance to prohibit the continuation of these historical uses.
Those historical uses are shown in the original Class A and Class B Applications to the
Minnesota Racing Commission, the detailed development and use plans that have been filed
with and approved by the City through the years and the EIS. Those uses were best
summarized in the RTD zone ordinance which listed the following as uses permitted by a
PUD (Many of these uses were actually permitted uses under the original I-2 and B-1 zoning
for Canterbury Downs) (I have placed an asterisk next to those uses that historically exists at
Canterbury Downs):
A. A licensed Class A race track which includes the following activities,
facilities, and accessory uses: *
1. horse racing; *
2. commercial recreation; * (Included major and minor
commercial recreation)
3. horse barns, training, grooming, and exercise facilities; *
4. food and drink concessions, program sales, etc. *
5. employee housing and dormitories; *
6. horse auctions; *
7. maintenance facilities and equipment; *
8. off-street parking facilities; *
9. parimutuel wagering; *
10. private clubs. *
01522042136 4/12/94
April 12, 1994
Page 4
11. printing and publishing facilities for race track related
purposes; *
12. race track administrative offices; *
13. signage; *
14. commercial storage of boats and recreational vehicles - both
interior and exterior; *
15. antique, craft, flea, and bargain markets; *
16. product shows for cars, boats and home; or *
17. Class I day care facility with an approved PUD Class II day care
facility not allowed.
B. Minor commercial recreation, including but not limited to the following:
1. Bowling alleys.
2. Golf courses.
3. Miniature golf courses.
4. Roller skating rinks.
5. Water slides.
C. Clubs and lodges including fraternal organizations, YMCAs and
YWCAs;
D. Community park, recreation and open space uses which do not conflict
with race track operations;
E. essential services;
F. health and athletic clubs;
G. horse care uses including boarding, training, showing, grooming and
veterinary clinic facilities; *
H. hotels, motels and conference centers; * (conference center only)
I. hotels, motels and conference centers, including such customary
accessory uses as internalized retail and entertainment facilities,
provided such uses:
015/22042136 4/12/94
April 12, 1994
Page 5
1. are an integral part of the principal use;
2. have no entrance except from within the principal building;
3. display all internal signage except on the first ground floor level
of the building; and
4. occupy not more than 25% of the ground floor area.
J. light industrial uses but specifically limited to office-showroom,
corporate offices, research and development laboratories, warehousing
and light assembly type maintenance;
K. Offices: business, corporate and professional; *
L. public buildings;
M. restaurants: class I and II but excluding fast food and drive in
restaurants; *
N. Customary accessory uses. *
In the present zoning code, "Commercial Recreation" as referenced above included
both major and minor, as defined presently as follows:
12. "Commercial Recreation"
A. Major - A building, structure or open space designed,
constructed and operated by private enterprise for
recreational purposes and open to the general public. The
minimum area shall be 150 acres of either one lot or
contiguous parcels under one ownership, in which 50% of
the lot or parcels are permanently developed. The facility
shall abut a street designated in the Transportation Plan
as a principal, intermediate, or minor arterial, or collector
street. Such facilities may include amusement parks,
Class A licensed horse racetrack and similar enterprises.
B. Minor - A building, structure or open space designed,
constructed, and operated by private enterprise for
recreational purposes and open to the general public. The
01522042136 4/12/94
April 12, 1994
Page 6
facility must meet the minimum lot size of the zoning
district. Minor commercial recreation facilities shall be
all commercial recreation facilities which do not meet the
standards of a major commercial recreation facility. Such
facilities may include bowling alleys, tennis courts, and
similar uses.
Quite frankly, when the present owners reviewed the historically permitted uses and
the RTD zoning uses set forth above in making their decision to purchase Canterbury Downs,
they were persuaded in part to purchase Canterbury Downs because of the possible future use
of the property as part of Canterbury Downs or otherwise for many of the above uses. As the
owners seek to reinstate Canterbury Downs to a prosperous facility, thereby maximizing jobs
and tax base, many of the above uses not presently conducted at Canterbury Downs-may in
fact become desirable uses in the future as part of Canterbury Downs. We ask therefore that
the Major Recreation Zone be amended as appropriate to allow for the potential of these uses
through the years so that if the owners apply for a modification to the PUD to allow them,
the City Council at least will have the authority to permit those uses if the City Council so
desires. Given the 300+ acre site of Canterbury Downs and its immediate access to the future
bypass, some of the above uses may become very desirable uses from the perspective of the
property owner and the City Council. The RTD zone was established to allow for mixed uses
and the City should not give up that flexibility.
B. Proposed Procedural Effect of Ordinances
We understand from City Staff that the City Council may zone Canterbury Downs to
the Major Recreation Zone Use District and that Canterbury Downs (and perhaps some
adjacent property) may also be zoned with a Planned Unit Development Overlay Zone. We
understand that the Planned Unit Development Overlay Zone would allow a property owner
to seek approval for any uses, or a combination of uses, as part of a PUD. Such a procedure,
if correctly stated above, would allow the owner and the City Council the maximum
flexibility, although the Council has discretion to deny the requested uses sought in the PUD.
On the face of it, this proposed procedure seems workable. However, we fear that unless the
historical uses of Canterbury Downs, shown by asterisks next to the RTD uses set forth in
Section A above, are listed as permitted or conditional uses in the Major Recreational Zone
text or at least listed as permitted or conditional uses for property which has a Class A
Licensed Racetrack issued by the Minnesota Racing Commission (which itself should be a
permitted use in the Major Recreational Zone), that there may be procedural and/or
substantive problems in the future in obtaining the appropriate PUD approval for Canterbury
015/22042136 4/12/94
April 12, 1994
Page 7
Downs. Furthermore, such potential problems could adversely impact the ability of
Canterbury Downs to attract the necessary future equity and/or debt financing to enable
Canterbury Downs to grow and prosper. Investors and financing institutions need as much
certainty as possible in the zoning area.
C. Proposed Performance Standards of the Major Recreation Zone and
Planned Unit Development Overlay Zone
We have not been able to complete an analysis of how the proposed performance
standards may be met or not met by the presently constructed improvements at Canterbury
Downs, including but not limited to:
1. Size and setbacks of buildings, fences, signage, etc.
2. Location of private entrance roads onto public streets.
3. Lighting standards.
4. Internal signage on site (viewed from on site only).
5. External signage on site (viewed from off site).
6. Parking lot.
7. Fencing.
8. Heights of buildings, flagpoles, etc.
9. Rooftop antennas, heating and cooling units, etc.
10. Landscaping.
All we know is that when the above and other improvements were constructed they
complied with the then applicable ordinances. Hopefully, if under the new ordinances, the
previously constructed improvements are in violation of the new performance standards, that
unless that new violation of the newly adopted performance standard constitutes a public
nuisance, that the performance standard for the improvement will be deemed a "grandfathered
015122042136 4/12/94
April 12, 1994
Page 8
use" and approved as a permitted use thereafter under the approved PUD. That is our general
understanding from the direction given by the City Council on March 29, 1994.
We will try and complete our analysis of the impact of the proposed performance
standards as soon as possible. We will meet with City Staff as soon as possible to review the
"as built" plans at Canterbury Downs to see if there are any existing situations which would
constitute a violation under the proposed new performance standards. We understand,
however, that the Council may intend to proceed to adopt the ordinances in the interim.
IV. Conclusion
We appreciate this opportunity to comment further on the proposed ordinances. We
apologize in advance if we have mistakenly set forth any fact or analysis (which we may
have innocently done because of our lack of time to analyze fully the proposed ordinances).
In any event, we are hopeful and believe that any present or future discovered issues
created by the new zoning ordinances can be resolved given the policy intent already
expressed by the Council.
The drafting of a new zoning ordinance is a huge, complicated undertaking and we
compliment the City Staff, Planning Commission and City Council on the work product to
date.
If you have any questions now or in the future, please call.
Very truly yours,
2A.A..c.z.,(.. D.
Bruce D. Malkerson
Attorney for Canterbury Park
Holding Corporation
BDM:sam
cc: Dennis Kraft
Lindberg Ekola
Karen Marty, Esq.
Randy Sampson
Stan Bowker
01522042136 4/12/94
MEMORANDUM
TO: MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Karen Marty, City Attorne „ A
�J
DATE: April 8, 1994
RE: Staffing
BACKGROUND:
Approximately two weeks ago Pat McDermott, the Assistant City
Attorney, advised me that he had a job offer in another county. I
asked him whether he would stay if we made his job full-time, since
full-time assistance is needed in the Legal Department . He led me
to believe that he would. I brought this request to the City
Council, and on April 5, 1994, received City Council authorization
to make the existing half-time staff full-time. Much to my
surprise Mr. McDermott now has informed me that he will not be
staying; he is taking the other job.
I am requesting authorization to hire a full-time Assistant
City Attorney. The reasons for making this position full-time are
the same as presented to you last week. I am holding off on making
the clerk-typist full-time until a full-time attorney is hired,
since the justification for adding hours to the clerk-typist' s
position rests on the increased work generated by the extra hours
to be worked by the attorney.
Our hiring is handled through the Scott County Personnel
Department under contract. I have contacted them, and despite the
strike, they believe they can handle this hiring request in a
reasonable time frame. If it does not appear feasible to utilize
the services of Scott County, the City Staff will implement the
hiring process.
ALTERNATIVES:
1. Authorize the appropriate city officials to take all
appropriate steps to hire a full-time Assistant City Attorney.
2 . Authorize the appropriate city officials to take all
appropriate steps to hire a half-time Assistant City Attorney.
3 . Do not authorize filling the vacancy.
RECOMMENDATION:
Staff recommends hiring a full-time Assistant City Attorney as
soon as possible.
REQUESTED ACTION:
Move to authorize the appropriate city officials to take all
appropriate steps to hire a full-time Assistant City Attorney.
(8CCL]
MEMO TO: City Council
FROM: Dave Hutton. Public Works Director
SUBJECT: C.S.A.H. 15
DATE: April 11, 1994
INTRODUCTION:
The Scott County Highway Department is requesting City Council action on several items relating
to the County State Aid Highway 15 (Adams Street) Project.
BACKGROUND:
The Scott County Highway Department is proposing to reconstruct County State Aid Highway
15 (Adams Street) from Tahpah Park to 6th Avenue in 1994. This project consist of constructing
a 4-lane, urban street with curb and gutter, sidewalk and storm sewers. Due to the Federal
funding involved, the County is requesting City Council action by April 15, 1994. Because of
the late time frame in receiving this information from the County, staff was unable to get a memo
out with the agenda packets.
The following actions are being requested by Scott County.
I. RESOLUTION NO. 3971 - APPROVING PLANS
The County is requesting City Council approval of the plans and specifications by adopting
Resolution No. 3971.
The project is being designed as a 4-lane, urban street with curb and gutters and storm sewers.
Sidewalk is proposed on both sides of the street, all the way from 6th Avenue to Tahpah Park.
The proposed pavement width is 48 feet wide, which will consist of(4), 12 foot driving lanes
and no parking lanes. The sidewalk is proposed to be 5 feet wide with a boulevard, except the
segment between 6th Avenue and 10th Avenue where a 6 foot wide sidewalk is proposed along
the curb.
Staff has reviewed the plans and generally fmds them acceptable,with just a few minor revisions.
The only item staff would like to recommend to the City Council is that the sidewalk between
6th Avenue and 10th Avenue should be moved as far away from the curb as possible to provide
a boulevard area of at least 5 feet wide.
1
ACTION REQUESTED:
Offer Resolution No. 3971. A Resolution Approving Scott County Plans to Improve County State
Aid Highway 15 Between 13th Avenue and 6th Avenue SP 70-615-06, SAP 70-615-07, and SAP
166-020-06 and move its adoption.
II. RESOLUTION NO. 3983 - RESTRICTING PARKING
Scott County is also requesting City Council action on restricting parking on this highway by
passing Resolution No. 3983.
On the County plans, they indicate that the current ADT on CSAH 15 is 4150 (1994). The
County is also projecting a future 20 year ADT of 9960. Based on these project traffic volumes,
a 4-lane roadway is required to meet State Standards.
Since there is inadequate width to construct a 4-lane roadway with additional parking lanes, Scott
County is requesting that the City prohibit parking on this street by adopting Resolution
No. 3983. Absent this City Council action, the State Aid office will not approve the plans.
Staff has received considerable neighborhood concern regarding this request. specifically in the
segment between 6th Avenue and 10th Avenue.
In researching the traffic counts on this highway, staff does have the 1992 traffic counts, which
shows that the existing ADT south of 10th Avenue is 3250 while the ADT north of 10th Avenue
is 1250. Adjusting the traffic count north of 10th Avenue to the County's 1994 ADT, indicates
that the 1994 ADT north of 10th Avenue would be around 1600, as compared to the 4150 ADT
south of 10th Avenue.
There seems to be a definite reduction in traffic volumes at 10th Avenue. Using a similar 20
year projection factor of 2.4, the estimated 20 year ADT on the segment of CSAH 15 north of
10th Avenue is 3840. Based on this projection, it appears that the County could construct a 4-
lane street north of 10th Avenue, consisting of 2 driving lanes and 2 parking lanes and still meet
Mn/DOT criteria without changing the plans.
Staff will attempt to discuss this issue with the County Highway Engineer prior to the April 12,
1994 Council meeting, but at this point with the above traffic analysis, staff recommends
prohibiting parking south of 10th Avenue only. The plans as designed would still meet State Aid
Standards.
2
ACTION REQUESTED:
Offer Resolution No. 3983. A Resolution Restricting Parking on County State Aid Highway 15
Between 13th Avenue and 10th Avenue SP 70-615-06, SAP 70-615-07, and SAP 166-020-06 and
move its adoption.
III. RESOLUTION 3984 - AUTHORIZING EXECUTION OF AN AGREEMENT
In accordance with the Cost Participation Policy, the County has submitted Cooperative
Construction Agreement No. 15-9402 regarding the City's cost participation in this project.
The total project costs are estimated at $611,877.95. Of this amount the City's portion is
estimated at $148,836.97. This cost consists of 97% of all sidewalk, 49% of all curb and gutter,
50% of the storm sewer, 8% preliminary engineering fee and 5% construction engineering.
The City's cost can be broken down as follows:
Storm Sewer $ 64,455.43
Sidewalk $ 47,283.20
Curb and Gutter $ 19,975.50
Plus 8% Preliminary Engr. $ 10,537.13
Plus 5% Construction Engr. $ 6,585.71
TOTAL $148,836.97
Staff has reviewed these estimates and find them generally to be in conformance with the
County's Cost Participation Policy, except for the storm sewer costs. Staff has requested
additional information from the County to verify those costs.
The City Attorney is currently reviewing this agreement.
ACTION REQUESTED:
Offer Resolution No. 3984, A Resolution Authorizing the Execution of Cooperative Agreement
No. 15-9402 with Scott County Covering the City's Cost participation on County State Aid
Highway 15 Between 13th Avenue and 6th Avenue, SP 70-615-06, SAP 70-615-07 and SAP 166-
020-06 and move its adoption.
3
IV. CITY'S FUNDING
Staff will be preparing a policy on funding the City share of County projects and is hoping to
have a draft policy available for the April 19. 1994 City Council meeting. The funding
alternatives are Municipal State Aid Account, Capital Improvement Fund, Special Assessments,
Storm Drainage Fund or a combination of those funds. At this point, staff would like to resolve
whether or not the City should utilize State Aid Fund on County projects, because the plans need
to he labeled accordingly.
Based on a review of the current State Aid balance, future allocation estimates and scheduled City
project in the next 5 years, staff recommends against using our State Aid Account for County
projects, but rather use a combination of the other available funding sources.
ACTION REQUESTED:
Move to direct staff to utilize Municipal State Aid Funds for the City's share of County projects
(Motion should be defeated).
DEH/pmp
RESOLUTIONS
4
S C O-T COUNTY BRADLEY J.LARSON
Highway Engineer
HIGHWAY DEPARTMENT
Wiz-` DANIEL M JOBE
�—' 600 COUNTRY TRAIL EAST Design Engineer
. _ JORDAN, MN 55352-9339 DON D.PAULSON
(612) 496-8346 FAX (612) 496-8365 Constn,ctton Engineer
April 6, 1994
Mr. Dave Hutton
Director of Public Works
Shakopee City Hall •
129 Holmes Street
Shakopee, MN 55379
Re: SP 70-615-06, SAP 70-615-07, and SAP 166-020-06
Dear Dave:
Transmitted with this letter are the following items related to the above referenced
projects:
1) Blueline set of plans for review and approval (the original Title Sheet will be
hand delivered for signature when approved);
2) two(2) copies of the Cooperative Agreement for review and approval; please
sign both copies and return for final signatures. A signed copy will be sent to
you upon final processing.
3) a copy of a sample Resolution Approving the Plans; and
4) a copy of a sample No Parking Resolution needed for the Project.
Please review and approve as soon as possible as this project is on a tight schedule.
As we have discussed, it would be appreciated if these items could be on the City
Council Agenda for approval on April 12, 1994.
If you have any questions or would like any further information, please contact this
office.
Sincerely,
ka,7,4j2lpicyx.
Daniel M. Jobe, P.E.
Design Engineer
An Equal Opportunity/Affirmative Action Employer
RESOLUTION NO. 3971
A Resolution Approving Scott County Plans
to Improve County State Aid Highway 15
Between 13th Avenue and 6th Avenue
SP 70-615-06, SAP 70-615-07, and SAP 166-020-06
WHEREAS, plans for Project Nos . SP 70-615-06 , SAP 70-615-07,
and SAP 166-020-06 showing proposed alignment, profiles, grades and
cross-sections for the construction, reconstruction or improvement
of County State Aid Highway No. 15 within the limits of the City as
a State Aid Project have been prepared and presented to the City.
NOW, THEREFORE, BE IT RESOLVED, that said plan be in all
things approved.
Adopted in session of the City Council of the
City of Shakopee, Minnesota, held this day of
19
Mayor, City of Shakopee
ATTEST:
City Clerk
City Attorney
CERTIFICATION
STATE OF MINNESOTA
COUNTY OF SCOTT
CITY OF SHAKOPEE
I hereby certify that the foregoing Resolution is a true and
correct copy of a resolution presented to and adopted by the City
Council of Shakopee at a meeting thereof held in the City of
Shakopee, Minnesota, on the day of , 19 ,
as discussed by the records of said City in my possession.
City Clerk
K-WP60\RES\15SHAK
RESOLUTION NO. 3983
A Resolution Restricting Parking
on County State Aid Highway 15
Between 13th Avenue and 6th Avenue
SP 70-615-06, SAP 70-615-07, and SAP 166-020-06
WHEREAS, the County of Scott has planned the improvement of
County State Aid Highway (CSAH) 15 from 13th Avenue to 6th Avenue;
and
WHEREAS, the County of Scott will be expending County State
Aid Funds on the improvement of this street; and
WHEREAS, since this improvement lacks adequate width for
parking on both sides of the street, approval of the proposed
construction as a County State Aid Street Project must therefore
include certain parking restrictions .
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF SHAKOPEE, MINNESOTA:
That the City of Shakopee shall prohibit the parking of motor
vehicles on both sides of CSAH 15 from 13th Avenue to 6th Avenue .
Adopted in session of the City Council of the
City of Shakopee, Minnesota, held this day of
19
Mayor, City of Shakopee
ATTEST:
City Clerk
City Attorney
K-WP6O\RES\15SHAK
RESOLUTION NO. 3984
A Resolution Authorizing The Execution
Of Cooperative Agreement No. 15-9402 With Scott County
Covering The City's Cost Participation On County State Aid Highway 15
Between 13th Avenue And 6th Avenue
SP 70-615-06, SAP 70-615-07 And SAP 166-020-06
WHEREAS, Scott County has a Cost Participation Policy covering the City's cost
participation on all County projects within the City of Shakopee; and
WHEREAS, Scott County has estimated that the City's cost of the County State Aid
Highway 15 Project is estimated at $148,836.97 in accordance with that policy; and
WHEREAS, Scott County has prepared Agreement No. 15-9402 outlining the City's cost
participation in this project.
NOW,THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF SHAKOPEE, MINNESOTA: that the appropriate City officials are hereby authorized to
execute Cooperative Agreement No. 15-9402 with Scott County regarding the City's cost on the
County State Aid Highway 15 Project.
Adopted in session of the City Council of the City of Shakopee,
Minnesota, held this day of , 1994.
Mayor of the City of Shakopee
ATTEST:
City Clerk
Approved as to form:
City Attorney
Agree-rent No. 15-9402
State Project No. 70-615-06
State Aid Project No. 70-615-07
State Aid Project No. 166-020-06
CSAH 15
City of Shakopee
County of Scott
CONSTRUCTION COOPERATIVE AGREEMENT
THIS AGREEMENT, Made and entered into this day of , 19_, by and between the
County cf Scott. a body politic and corporate under the laws of the State of Minnesota, hereinafter referred to as
the "County" and the City of Shakopee, a body politic and corporate under the laws of the State of Minnesota,
hereinafter referred to as the "City".
WITNESSETH:
WHEREAS, The County and the City have been negotiating to bring about the improvements of County State
Aid Highway 15 from approximately 791 feet south of 12th Avenue to 6th Avenue (TH 300) (Engineer's Stations
4+00 to 41+45) as shown on the County Engineer's plans for County Projects SP 70-615-06, SAP 70-615-07 and
SAP 166-020-06, which improvements contemplate and include grading, aggregate base, plant mixed bituminous
pavement, concrete curb and gutter, storm sewer, sidewalk, landscaping and other related improvements; and
WHEREAS, The above described project lies within the corporate limits of the City, and
WHEREAS,The County Engineer has heretofore prepared an engineer's estimate of quantities and unit prices
of material and labor for the above described project and an estimate of the total cost for contract work in the sum
of Six Hundred Eleven Thousand Eight Hundred Seventy-Seven dollars and Ninety-five cents ($611,877.95). The
sum of One Hundred Forty-Eight Thousand Eight Hundred Thirty-Six dollars and Ninety-Seven cents ($148,836.97)
has been determined to be the City of Shakopee's cost participation for this project.
1
:.Cr=.7.e: _ NC . 15- :,=402
A copy of said estimate (marked Exhibit"A") is attached hereto and by this reference made a part hereof; and
WHEREAS, It is contemplated that said work be carried out by the parties hereto under the provisions of M.S.
Sec. 162.17, Subd. 1.
NOW, THEREFORE, IT IS HEREBY AGREED:
The County or its agents will advertise for bids for the work and construction of the aforesaid Project Nos.
SP 70-615-06, SAP 70-615-07 and SAP 166-020-06, receive and open bids pursuant to said advertisement and
enter into a contract with the successful bidder at the unit prices specified in the bid of such bidder, according to
law in such case provided for counties. The contract is in form and includes the plans and specifications prepared
by the County or its agents, which said plans and specifications are by this reference made a part hereof.
I I
The County or its agent shall administer the contract and inspect the construction of the contract work
contemplated herewith. The City Engineer shall cooperate with the County Engineer and his staff at their request
to the extent necessary, but shall have no other responsibility for the supervision of the work.
III
The City shall reimburse the County for its share in the construction cost of the contract work for said project
and the total final contract construction cost shall be apportioned as set forth in the Division of Cost Summary in
said Exhibit "A" attached hereto. It is further agreed that the Engineer's Estimate referred to on Page 1 of this
agreement is an estimate of the construction cost for the contract work on said project and that the unit prices set
forth in the contract with the successful bidder and the final quantities as measured by the Engineer shall govern
in computing the total final contract construction cost for apportioning the cost of said project according to the
provisions of this paragraph.
2
Agreement No. 15-9402
IV
In addition to payment of the City's proportionate share of the contract construction cost, the County and the
City further agree to participate in the Preliminary Engineering. which includes all costs of planning, design and
preparation of plans and specifications, in an amount of eight percent (8%) of the cost of construction. The County
and City further agree to participate in the construction engineering, which includes the complete staking, inspection
and supervision of the construction, in an amount of five percent (5%) of the final contract amount. Participation
of engineering costs by the City shall be the same percentage as the total construction participation.
The cost of the items in which the County shall participate shall be based on the unit prices in the contract
and the final construction quantities as determined by the Project Engineer in charge.
The County and the City shall participate in the cost of the storm sewer construction as per recommendation
of the Hydraulics Engineer of the Minnesota Department of Transportation and the Scott County Highway
Department's proposed "Policies for Cost Participation with Municipalities."
V
The City shall, based on the contract price, deposit with the Scott County Treasurer ninety percent (90%) of
the estimated City's share of the construction and engineering costs as partial payment within thirty (30) days after
award of contract and execution of this Agreement, whichever is later.
The remaining amount of the City's share of construction and engineering costs of this project shall be paid
to the County upon completion of the project and submittal to the City of the County's final, itemized, statement of
the project costs.
In the event the partial payment exceeds the City's share of these final costs, such overpayment shall be
returned to the City by the County.
VI
The County Engineer shall prepare monthly progress reports as provided in the specifications. A copy of
these reports shall be furnished to the City upon request.
3
cree e�� y.. . 15- 9402
VII
All records kept by the City and the County with respect to this project shall be subject to examination by the
representatives of each party hereto. All data collected, created, received, maintained or disseminated for any
purpose by the activities of the County or City pursuant to this Contract shall be governed by Minnesota Statutes
Chapter 13, as amended, and the Minnesota Rules implementing such Act now in force or hereafter adopted.
VIII
The County reserves the right not to issue any permits for a period of five (5) years after completion of the
project for any service cuts in the roadway surfacing of the- County Highway included in this project for any
installation of underground utilities which would be considered as new work; service cuts shall be allowed for the
maintenance and repair of any existing underground utilities.
IX
The City shall, at its own expense, remove and replace all City owned signs that are within the construction
limits of this project.
X
Upon completion of this project, the County, at its expense, shall place the necessary signs and the City, at
its expense, shall provide the enforcement for the prohibition of on-street parking on that portion of County State
Aid Highway 15 constructed under this project.
No modification of the above parking restrictions shall be made without first obtaining a resolution from the
County Board of Commissioners permitting said modification.
XI
Neither the County, its officers, agents or employees, either in their individual or official capacity, shall be
responsible or liable in any manner to the City for any claim, demand, action or cause of action of any kind or
character arising out of, allegedly arising out of or by reason of the performance, negligent performance or
nonperformance of the hereinbefore described maintenance, restoration, repair or replacement work by the City,
4
agrees en . N.° . 15 - E-4 D2
or arising out of the negligence of any contractor under any contract let by the City for the performance of said work;
and the City agrees to defend, save and keep said County, its officers, agents and employees harmless from all
claims, demands, actions or causes of action arising out of negligent performance by the City, its officers, agents
or employees.
XII
It is further agreed that neither the City, its officers, agents or employees, either in their individual or official
capacity, shall be responsible or liable in any manner to the County for any claim, demand, action or cause of action
of any kind or character arising out of, allegedly arising out of or by reason of the performance, negligent
performance or nonperformance of the hereinbefore described maintenance, restoration, repair or replacement work
by the County, or arising out of the negligence of any contractor under any contract let by the County for the
performance of said work; and the County agrees to defend, save and keep said City, its officers, agents and
employees harmless from all claims, demands, actions or causes of action arising out of negligent performance by
the County, its officers, agents or employees.
XIII
it is further agreed that each party to this agreement shall not be responsible or liable to the other or to any
other person whomsoever for any claims, damages, actions, or causes of actions of any kind or character arising
out of, allegedly arising out of or by reason of the performance, negligent performance or nonperformance of any
work or part hereof by the other as provided herein; and each party further agrees to defend at its sole cost and
expense any action or proceeding commenced for the purpose of asserting any claim of whatsoever character
arising in connection with or by virtue of performance of its own work as provided herein.
XIV
It is further agreed that any and all employees of the City and all other persons engaged by the City in the
performance of any work or services required or provided herein to be performed by the City shall not be considered
employees, agents or independent contractors of the County, and that any and all claims that may or might arise
5
A=reemen: No . 15 - 9402
under the Worker's Compensation Act or the Unemployment Compensation Act of the State of Minnesota on behalf
of said City employees while so engaged and any and all claims made by any third parties as a consequence of
any act or omission on the part of said City employees while so engaged in any of the work or services provided
to be rendered herein shall be the sole responsibility of the City shall in no way be the obligation or responsibility
of the County.
Any and all employees of the County and all other persons engaged by the County in the performance of any
work or services required or provided for herein to be performed by the County shall not be considered employees,
agents or independent contractors of the City, and that any and all claims that may or might arise under the
Worker's Compensation Act or the Unemployment Compensation Act of the State of Minnesota on behalf of said
County employees while so engaged and any and all claims made by any third parties as a consequence of any
act or omission on the part of said County employees while so engaged in any of the work or services provided to
be rendered herein shall be the sole responsibility of the County and shall in no way be the obligation or
responsibility of the City.
XV
The provisions of M.S. 181.59 and of any applicable local ordinance relating to Civil Rights and discrimination
and the affirmative action policy statement of Scott County shall be considered a part of this agreement as though
fully set forth herein.
6
Ag-eement No. 15-9402
State Project No. 70-615-06
State Aid Project No. 70-615-07
State Aid Project No. 166-020-06
CSAH 15
City of Shakopee
County of Scott
IN TESTIMONY WHEREOF, The parties hereto have caused this agreement to be executed by their
respective duly authorized officers as of the day and year first above written.
CITY OF SHAKOPEE
By
Mayor
(SEAL) Date
And
City Administrator
Date
COUNTY OF SCOTT
ATTEST:
By By
County Administrator Chairman of Its County Board
Date Date
Upon proper execution, this agreement
will be legally valid and binding.
By
County Attorney
RECOMMENDED FOR APPROVAL:
Date By
County Engineer
Date
APPROVED AS TO EXECUTION:
By
County Attorney
Date
K•WP601AGRMTCOOP\7061506
03/30794
7
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