HomeMy WebLinkAbout02/29/2000 TENTATIVE AGENDA
CITY OF SHAKOPEE
SPECIAL MEETING SHAKOPEE, MINNESOTA FEBRUARY 29, 2000
LOCATION: 129 Holmes Street South
Mayor Jon Brekke presiding
1] Roll Call at 7:00 p.m.
2] Pledge of Allegiance
3] Approval of Agenda
4] Mayor's Report
5] Approval of Consent Business - (All items noted by an * are anticipated to be routine. After a
discussion by the Mayor, there will be an opportunity for members of the City Council to remove
items from the consent agenda for individual discussion. Those items removed will be considered
in their normal sequence on the agenda. Those items remaining on the consent agenda will
otherwise not be individually discussed and will be enacted in one motion.)
6] RECOGNITION BY CITY COUNCIL OF INTERESTED CITIZENS - (Limited to five minutes
per person/subject. Longer presentations must be scheduled through the City Clerk. As this
meeting is cablecast, speakers must approach the microphone at the podium for the benefit of
viewers and other attendees.)
*7] Approval of Minutes of December 21, 1999, and February 8 and 17, 2000
*8] Approve Bills in the Amount of$203,421.36
9] Public Hearings
10] Communications
11] Liaison Reports from Council Members
12] Recess for an Economic Development Authority meeting
13] Re-convene
14] Recommendations from Boards-and Commissions:
A] Text Amendment to the City Code for Floodplain Overlay Zone—Ord. No. 567
TENTATIVE AGENDA
February 29, 2000
Page -2-
15] General Business
A] Parks and Recreation
*1. City's Participation in Minnesota's Outdoor Recreation Grant Program-Res. No. 5322
2. Southbridge Community Park Master Plan
B] Community Development
*1. Initiating the Vacation of Easements in Killarney Dills Addition-Res. No. 5326
*2. Initiating the Vacation of a Portion of Webster Street Right-of-Way between
3'd and 4th Avenues -Res. No. 5327
C] Public Works and Engineering
1. Approve Plans and Order Ad for Bids for Vierling Drive from CSAH 17 to Miller St.,
Project 1995-5 and for CSAH 17 from Hwy 169 to St. Francis Ave., Project 1999-7 -
Resolution Nos. 5320 and 5321
D] Police and Fire
*1. New Photocopier Lease Agreement Amendment for Police Department
E] Personnel
F] General Administration:
*1. Transfer of Tobacco License for Kmart
*2. On Sale and Sunday Liquor Licenses-TL Foods, LLC
*3. Temporary On Sale Liquor Licenses-Church of St. Mary
*4. Employee Insurance Pool- South West/West Central Service Cooperative
*5. Authorizing Bank Transfers at Marquette Bank N.A. - Res. No. 5324
6. Electric Franchise Fee Update
7. Date for Workshop Meeting-Murphy's Landing
8. Condemnation Proceedings-Eugene Hauer Property-Res. No. 5319
9. Annexation Directive Reconsideration -White Farmstead
10. Fuller Street Railroad Crossing-Closure for Repairs
16] Council Concerns
17] Other Business
18] Adjourn to Thursday, March 16, 2000, at 5:00 p.m
TENTATIVE AGENDA
ECONOMIC DEVELOPMENT AUTHORITY IN AND FOR THE
CITY OF SHAKOPEE, MINNESOTA
Regular Meeting February 29, 2000
1. Roll Call at 7:00 p.m.
2. Approval of the Agenda
3. Approval of Consent Business-(All items noted by an 4 are anticipated to be routine. After a
discussion by the President,there will be an opportunity for members of the EDA to remove
items from the consent agenda for individual discussion. Those items removed will be
considered in their normal sequence on the agenda. Those items remaining on the consent
agenda will otherwise not be individually discussed and will be enacted in one motion.)
A.) 4 Approval of Minutes:
4. Financial
A.) 4 Approval of Bills
5. Other Business:
6. Adjourn
edagenda.doc
Con Se-n
CITY OF SHAKOPEE
Memorandum
TO: President & Commissioners
Mark H. McNeill, Executive Director
FROM: Gregg Voxland, Finance Director
SUBJ: EDA Bill List
DATE: February 24, 2000
Introduction
Attached is a listing of bills for the EDA for the period
2/11/00 to 02/24/00 .
Action Requested
Move to approve bills in the amount of $20 .48 for the EDA
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OFFICIAL PROCEEDINGS OF THE CITY COUNCIL
ADJ.REG.SESSION SHAKOPEE,MINNESOTA DECEMBER 21, 1999
Mayor Brekke called the meeting to order at 7:00 p.m. with Council members Amundson, Link, DuBois
and Sweeney present, and Council member-elect Morke. Also present: Bruce Loney, Public Works
Director/City Engineer; R. Michael Leek, Community Development Director; Jim Thomson, City
Attorney; Judith S. Cox, City Clerk; Mark McNeill, City Administrator; Paul Snook, Economic
Development Authority Coordinator(7:23); and Gregg Voxland,Finance Director.
The pledge of allegiance was recited.
The following item was added to the agenda: 15.E.10. Evergreen Heights Assessment Redistribution.
Link/Amundson moved to approve the agenda as modified. Motion carried unanimously.
Mayor Brekke approached the podium and presented Cncl. Jane DuBois with a commemorative plaque
acknowledging her four years of service to the City,to the City staff and to the City Council.
The following items were added to the Consent Agenda: 15.E.10. Evergreen Heights Assessment
Redistribution.
The following items were removed from the Consent Agenda: 15.B.2. Facilities Manager Resignation
and 15.A.3. Purchase of Civil Defense Sirens.
Amundson/DuBois moved to approve the Consent Agenda as modified. Motion carried unanimously.
Mayor Brekke asked if there were any interested citizens in the audience who wished to address the City
Council on any item not on the agenda. There was no response.
Amundson/DuBois moved to approve the minutes of August 10, 1999 and August 17, 1999 and
December 6, 1999. (Motion carried under the Consent Agenda).
Amundson/DuBois moved to approve the bills in the amount of$923,927.67. (Motion carried under the
Consent Agenda).
Mayor Brekke opened the public hearing on the proposed vacation of easement within Westridge Lake
Estates Lake Estates and Westridge Lake Estates 2nd Addition.
R. Michael Leek, Community Development Director, approached the podium and reported on the
vacation of easements between Lot 1, Block 6, Westridge Lake Estates and Lot 5, Block 2, Westridge
Lake Estates 2nd addition. This request is occasioned by an error in the survey for a septic system
placement. A minor resubdivision will move the lot lines and a new easement must be granted. This item
was before the Planning Commission at their December 9, 1999, meeting and they recommended by a
unanimous vote to vacate the subject easement at that time. Staff is recommending in the Resolution
before you this evening that the City acquire new utility easements and drainage easements along the
relocated lot line.
Official Proceedings of the December 21, 1999
Shakopee City Council Page 2
Mayor Brekke asked if there was anyone in the audience who wished to address the proposed vacation.
There was no response.
The public hearing was declared closed by Mayor Brekke.
Link/DuBois offered Resolution No. 5295, A Resolution Of The City Of Shakopee Vacating An
Easement On Lot 1, Block 6, Westridge Lake Estates And Lot 5, Block 2, Westridge Lake Estates 2nd
Addition, City Of Shakopee, Scott County, Minnesota, and moved its adoption. Motion carried
unanimously.
Mayor Brekke opened the public hearing on the proposed vacation of a portion of Lewis Street north of
Mound Street.
R. Michael Leek approached the podium and reported on the proposed vacation of a portion of Lewis
Street Right-of-Way. This vacation involves the P&V 2nd Addition north of Mound Street. The portion
that is proposed to be vacated has not been improved and dead-ends at the development to the north.
Sewer and water are in the area. This item was before the Planning Commission at their December 9,
1999, meeting and the Planning Commission recommended approving Resolution No. 5296 with
modification. This modification was that the City retain a utility easement. This was discussed with the
applicants and it will not affect what they want to do at this time. The Planning Commission voted
unanimously to approve this amended resolution. Staff recommends approving Resolution No. 5296 with
the easement modification.
Dawn Monnens, Mound Street applicant, approached the podium. She said she was here if there were any
questions.
Mayor Brekke asked if there was anyone in the audience who wished to address the proposed vacation.
There was no response.
Mayor Brekke declared the public hearing closed.
Sweeney/Amundson offered Resolution No. 5296, A Resolution Of The City Of Shakopee Vacating
Portion Of Lewis Street In The P & V 2nd Addition, City of Shakopee, Scott County, Minnesota with the
intent to amend it once it is on the table.
Sweeney/DuBois offered an amendment to Resolution 5296 that the City retain the drainage and utility
easement within Lewis Street North of Mound Street. Motion carried unanimously.
Motion carried unanimously on main motion as amended.
Mayor Brekke opened the public hearing on the 2000 tax levy and budget.
Official Proceedings of the December 21, 1999
Shakopee City Council Page 3
Gregg Voxland, Finance Director, approached the podium and reported to the Council on the 2000 tax
levy and budget- Resolution No. 5290 and Resolution No. 5291. He explained that this is a process that
started in the spring of 1999. The Capital Improvement Plan covers construction plans for the next five
(5)years. There was review of the construction equipment needed with the review of the five (5) year
Equipment Plan. In August the operating budget for various departments in the City was discussed. The
Tax Levy Scheduled for adoption this evening is $3,853,803. This is a .9 percent increase over the 1999
year. This is $300,000. less than in the tax notices that were sent out in November. The expenditure
balance for the General Fund is $8,108,960. This includes most costs. This represents a 7.6 percent
increase over the 1999 year. The City tax portion is decreasing due to the substantial increase in
development revenues. The public hearing on the tax levy and budget was December 6, 1999. The tax
levy of 1999/00 is $30,192 higher than the tax levy was for 1998/99. This increase is due to changes in
the General Fund Budget. The 1999/00 tax levy includes a transfer from the General Fund in 1999.
Resolution No. 5291 adopts the 2000 Budget which must be adopted after the Tax Levy.
Mayor Brekke asked if there were any comments from the audience. There was no response.
Sweeney/Link offered Resolution No. 5290, A Resolution Settling 1999 Tax Levy, Collectible in 2000,
and moved its adoption. Motion carried unanimously.
DuBois/Amundson offered Resolution No. 5291, A Resolution Adopting the 2000 Budget, and moved its
adoption. Motion carried unanimously.
Mayor Brekke declared the public hearing closed.
Cncl. Sweeney gave a report on the structure of the planning committee for the new Scott County Jail. He
thought perhaps a City Council representative should be on the committee for the new Scott County Jail.
Mr. Paul Snook, Economic Development Authority Coordinator, arrived at the meeting at 7:23.
Amundson/DuBois offered Ordinance No. 564, Fourth Series,An Ordinance Authorizing The Use Of
City Equipment, Personnel And Expenditure of City Funds in The Event Of An Emergency Or Disaster
And Amending Section 2.11 Of The City Code, and moved it adoption. (Motion carried under the
Consent Agenda.)
Amundson/DuBois authorized the Shakopee Fire Department to order 12 sets of fire fighting turn out gear
at a cost of$1,180 per set for a total of$14,160.00 from Fire Equipment Specialties. With delivery and
payment in the year 2000. (Motion carried under the consent Agenda.)
Gary Morke, Shakopee, questioned why there is sales tax on the civil defense sirens that the City is
purchasing. Mr. McNeill explained that it is State Law and that the League of Minnesota Cities is working
to get that law changed.
Official Proceedings of the December 21, 1999
Shakopee City Council Page 4
Sweeney/Link moved to authorize the appropriate City Staff to purchase two Whelen Model WPS 2800-5
civil defense warning sirens from Front Line Fire and Rescue for a cost of$29,146.34. Motion carried
unanimously.
Mayor Brekke moved to the Community Development Section of the agenda at this time because there
were people in the audience who wished to speak on some of these issues.
Sweeney/Amundson removed the Amcon Construction appeal of the Board of Adjustments and Appeals
denial of request for a Conditional Use Permit from the table. Motion carried unanimously.
Cncl. DuBois stated that she would be abstaining from discussion on this matter and removed herself from
the table.
Mayor Brekke declared there was no motion on the floor.
R. Michael Leek approached the podium to report on the Conditional Use Permit, which the Board of
Adjustments and Appeals originally denied. Mr. Leek said that the BOAA denied the Conditional Use
Permit based on the findings that two of the findings were not met. All of the findings need to be met. At
the BOAA on December 7, 1999,when this Conditional Use Permit was denied there were questions and
concerns also raised by the residents of the townhomes adjacent to this property. Now the Homeowners
Association President supports this Conditional Use Permit with modifications. There are two letters on
the table this evening addressing this issue. The letter from Chanin Therres, President of the Townhomes
Association, supports the approval of the CUP with the three modifications that have been suggested.
These modifications include a cedar fence on the berm on the west side, along with the seven conditions
staff has incorporated into the resolution. Mr. Leek is asking that staff be given direction to prepare a
resolution which is consistent with the Council discussion this evening and bring this resolution back
before the City Council.
William Platto, Attorney for the applicant, approached the podium to discuss this issue. He said the
applicant has done some things. They are: They had a sight line Study done, they met with the
townhouse association, and they agreed to add a six(6) foot white cedar fence on the top of the berm on
the west side. Many concerns of the residents have been taken care of. They had a perception problem
along with many other people. If the townhome residents are satisfied then we should be granted this
CUP with the three (3) modifications that have been suggested along with the seven(7) conditions that
staff has incorporated into the CUP. We will add a cedar fence on the berm. The townhomes are okay
with the sightlines,noise, odor, light and hours of operation. The residents have concurred that this will
have the least impact of any of the potential uses for this site. Hopefully the concerns of the City Council
have been addressed.
Chanin Therres, Juniper Court, Association President of the Townhomes, approached the podium to let
the City Council know that truly the Association was behind this proposal. They were impressed with the
proposal. They would rather have this than a restaurant. They definitely wanted the fence. They had many
people cutting through their yards to get to the Crossroads Center.
Official Proceedings of the December 21, 1999
Shakopee City Council Page 5
Joe Ryan, President of Oppidan and developer of the Crossroads Center, approached the podium and said
that the extension of the fence, which the Crossroads Center now had would be extended down to the
drainage ditch. He wanted the foot traffic stopped for the residents. Oppidan is the same contractor that
Precision Auto has. Oppidan is requesting that an overheight fence be allowed to screen the townhouse
residents from the CUB pylon sign. This is in addition to the Precision Auto request for a CUP for an
auto body repair shop.
Gary Morke approached the podium to remind the City Council that the CUP goes with the land not the
tenant. Perhaps some conditions should be but on the CUP for the auto body repair center so that
problems with future owners of this site do not happen.
Jim Thomson, City Attorney, said the CUP does run with the land. Perhaps you could put in the CUP if
the use changes then the new owners need to come back to the City Council, if you put in a clause if the
ownership changes, then perhaps there could be a problem.
Aaron Troseth, Juniper Court,town home resident, who was against this proposal at first, approached the
podium to say he was now in support of the CUP. He thanked the Council for allowing input by the
adjacent residents.
Link/Amundson moved to approve the request for a Conditional Use Permit for Precision Auto's auto
body repair shop with the conditions as outlined by the Planning Commission, along with screening
provided by two fences, one fence being eight(8) feet high to screen the Cub pylon sign and a
maintenance agreement regarding the fence.
Mayor Brekke directed staff to include a condition regarding air pollution standards and a condition if
there is a use change that a new CUP is required.
Brekke/Sweeney amended the main motion to include the conditions regarding air pollution standards
and the use change.
Cncl. Link wanted the extension of the fence added. It was decided to do this in a follow-up motion.
There was discussion of the landscape screening around the chain link fence in the storage area.
Mayor Brekke asked that the amended motion be acted upon. This amended motion was to include the
conditions regarding air pollution standards and the use change.
Amended motion carried unanimously.
Jim Thomson suggested the City Council may want to limit the hours of operation as a means of control
and to point out that the future expansion area has not been approved. This can be done through
conditions on the CUP.
Official Proceedings of the December 21, 1999
Shakopee City Council Page 6
Amundson/Link amended the main motion directing staff to include the hours of operation and that the
future expansion area need approval. Motion carried unanimously.
The main motion, as amended, approving the CUP for Precision Auto, overturning the BOAA denial
carried 4-0 with Councilmember DuBois abstaining.
Mayor Brekke acknowledged that the CUP for Precision Auto that the City Council saw this evening is
considerably different from the one the BOAA denied.
Mr. Leek approached the podium to report to the Council on Continental 95 Fund appeal of BOAA's
denial of a sign variance for the Kmart store. This is for the new Kmart store under construction in the
plat of Vierling Plaza. This was before the BOAA at their December 9, 1999, meeting and was denied by
a 3-0 vote. Not all of the criteria were met that needed to be met for a variance from the BOAA. The
City Council has more flexibility in granting variances and the applicant has also reduced the size of the
sign variance they are requesting. Originally the variance was for 514 square foot sign; it is now reduced
to a 366.6 sign variance request. The current sign ordinance allows for 200 square foot sign on the front
of the building and additional 100 square foot sign on each side which fronts a street.
Mr. Tom Byland, Development Director for Continental Properties, approached the podium to address the
Council on this Kmart store sign variance request. The request you have before you this evening is scaled
down from the original request. He said Kmart has agreed to remove the lettering on the front, which
advertises K Cafe, Pharmacy, and the Garden Shop. They will not put up any illuminated signs on the
north and south ends of the building if the variance is requested. The north side is facing residents.
Dave Benson, 1852 East Vierling, approached the podium and addressed the City Council on the fence
request he has made with Kmart in April. The fence would be on the east behind Kmart.
Gary Morke addressed the council on the corner pylon signs on Kmart's site plan.
Mr. Tom Byland again approached the podium and reported that the Minngasco easement on the Kmart
property makes it physically impossible to put up a fence as requested, only a berm. The landscaping units
must meet certain height conditions. They have added 27 plantings over and above what is on their plans.
Cncl. Link thought perhaps Continental properties and Kmart could at least work with the residents as a
good will gesture.
Dave Benson agreed with the sign variance but he still wanted a fence to screen the Kmart store on the
east.
DuBois/Amundson moved to uphold the appeal of Continental 95 Fund and direct staff to prepare a
resolution approving the request for the 366.6 square foot sign only to be on the front of the Kmart
building, which is the west side, and that there will be no other signage on the sides of the building.
Official Proceedings of the December 21, 1999
Shakopee City Council Page 7
Mr. Tom Byland said they will move forward and will have an answer regarding the screening/fence issue
of Mr. Dave Benson by the next council meeting,January 4,2000, if the cooperation of the Condo
Association is forthcoming. He said that they would be willing to build a fence if the association would
give them a 10 foot easement, and then they would turn it over to the Association to maintain.
The Mayor stated there is a motion on the floor
There was dialogue on the Vierling St. improvements.
Jim Thomson suggested that perhaps the motion should be reworded. The motion was clarified on the
floor.
Sweeney/Amundson moved to strike the language uphold the appeal and replace that language directing
staff to prepare a resolution approving the request for the 366.6 square foot sign only to be on the front of
the building, which is the west side, and there will be no other signage on the sides of the building.
Motion carried unanimously.
Motion carried unanimously on the main motion as amended.
A recess was taken at 8:25 p.m. The meeting reconvened at 8:35 p.m. Mr. McNeill did not return at this
time.
Amundson/DuBois offered a motion authorizing the appropriate City Officials to execute the Covenant of
Dedication and Declaration of Restrictions and Covenants for Replacement of Wetlands in Southbridge 1"
Addition. (Motion carried under the Consent Agenda.)
Amundson/DuBois offered a motion authorizing the appropriate City officials to execute the electrical
contract with Terry Krominga for the year 2000. (Motion carried under the Consent Agenda.)
DuBois/Amundson offered Resolution No. 5297, A Resolution of the City of Shakopee Ordering
Preparation of an Alternative Urban Areawide Review(AUAR) For the Proposed Valley Green Corporate
Center, and moved its adoption.
Dave Czaja, 5262 Eagle Creek Boulevard, approached the podium to discuss the AUAR. He suggested
that perhaps a technical committee could be put together up front to discuss the parameters and address
some issues with the Comprehensive Plan in which the area residents of Deans Lake would like the
AUAR to take into consideration.
Mr. McNeill returned to the meeting at 8:44 p.m.
DuBois/Link moved to amend the motion to direct staff to organize a technical committee with members
as requested by Mr. Czaja, to work with Bolton and Menke in the AUAR process.
Mayor Brekke said there was a motion of the floor.
Official Proceedings of the December 21, 1999
Shakopee City Council Page 8
There followed a discussion on the make up and merits of a technical committee.
Mr. Thomson suggested the City act on the request to prepare an AUAR. The City is responsible to
prepare some form of an environmental review.
DuBois/Link withdrew their amended motion.
The main motion carried unanimously.
DuBois/Link moved to direct staff to facilitate a group of individuals to meet with Bolton and Menke and
to give input for an AUAR for the proposed Valley Green Corporate Center. Motion carried 4 - 1 with
Cncl. Sweeney dissenting.
Amundson/DuBois offered Resolution No. 5292, A Resolution Accepting Work on Southbridge Parkway
Collector Street, Utilities and Appurtenant Work Within the Dean Lake Planned Unit Development,
Project No.1997-4, and moved its adoption. (Motion carried under the Consent Agenda.)
Amundson/DuBois offered Resolution No. 5294,A Resolution Accepting Work On Southbridge Parkway
Collector Street Landscaping, Lighting, Irrigation And Restoration Improvements, Project No. 1997-4A,
and moved its adoption. (Motion carried under the Consent Agenda.)
Amundson/DuBois moved to accept the low bid from ABM Equipment and Supply, Inc. in the amount of
$52, 657.86 and approve the purchase of(one) asphalt patching box. (Motion carried under the Consent
Agenda.)
Mr. McNeill approached the podium because he requested that the Adams Street No Parking Restrictions
issue be put on the agenda. This is regarding the County's removal of the"No Parking"restrictions from
the west side of Adams St., between Sixth and Tenth Avenues. He stated that Adams Street(County
Road 15) was a County Road and the City had no jurisdiction over this issue. The county needs to do the
follow-up. He is concerned with the safety issue that comes about because of this "no parking
restrictions". The City, back in November, requested of the County that the"No Parking" signs be
reinstalled, at least until the situation could be discussed. The City would most definitely like the street to
be restriped for one lane traffic and one parking lane, if parking is to be allowed. This parking would be
permitted on the west side of the street only. This restriping would need to wait until spring. There was
some opposition to the signs being reinstalled. However, the opposition was willing to wait until spring
for the restriping. They did not see the safety issue. Staff is looking for some direction as to how to
approach the County regarding this issue.
Chief Dan Hughes of the Shakopee Police Department approached the podium and stated that until the
street is restriped as far as the police are concerned people are parking in a traffic lane if they are parked
out on Adams Street. According to the police department this is seen as a traffic violation.
Brekke/Link requested that staff be directed to write a letter to Scott County asking them to replace the
"No Parking" signs on Adams Street from 6th to 10th Avenue until this street can be restriped in the
Spring.
Official Proceedings of the December 21, 1999
Shakopee City Council Page 9
Barb Pottheir, 642 Adams Street, approached the podium to say that the residents are just asking to be
able to park in front of their homes. The residents were told back when this street was constructed that
this street eventually would be turned over the City. Staff will look into this.
Motion carried unanimously.
Chief Dan Hughes of the Shakopee Police Department approached the podium and reported on the status
of the staffing of the Police Department. There are many new members within the Shakopee Police
Department including support staff and Community Service Officers. The Community Service Officers
are available because of the April COPS Grant. These community service officers are funded through this
COPS grant through the year 2000. The Junior High and Senior High have resource officers. The
majority of this funding is through a grant of COPS and School Initiative. The local match is 1/3 by the
School District and 2/3 by the City. The DARE Officer is funded by the COPS MORE Grant and also
partially funded by the school district. The Task Force Officer is reimbursed through the Task Force
Grant. Originally the Police Department was considering adding a canine program but has since deferred
this addition for a year or so. It was determined that the canine program would cost approximately
$30,000, this cost is primarily because of the new car that would be needed. This canine program will be
brought back before the City Council in at least the draft form of the 2001 budget. Now is not the time to
implement this new program. Chief Hughes figured the Police Department staffing is where it should be
at this point in time. Also the staffing for Y2K possible needs was addressed. There was no action
needed to take place on this item.
Mark McQuillan approached the podium and reported on the need for acquisition of park land east of Sun
Path School. He said the Comprehensive Park Plan identified this land for possible park use and this was
discussed with the School District many years ago. This particular park use is identified as a new youth
athletic complex. The land for the new park is to be acquired in two phases. This is the possible first
phase. The 40 acres that Mr. Eugene Hauer owns is somewhere between$50,000 - 52,000 per acre.
Developers have made offers with these figures. For the first phase to take place the Council needs to
direct staff to have an appraisal of the 10 acres that need to be purchased from Gene Hauer.
Sweeney/Amundson moved that a value for this property be established by having an appraisal
performed, and that the established amount be reported back to the City Council prior to an offer being
made. Motion carried unanimously.
Mr. McNeill was asked a question prior to the Council meeting regarding the resignation of the Facilities
Manager and staff needs time to answer the question. Mr. McNeill requested that this item be tabled.
Sweeney/DuBois moved to table the resignation of the Facilities Manager. Motion carried unanimously.
Sweeney/Link moved to remove the Design Criteria for Subdivision Regulations, Resolution No. 5279,
from the table. Motion carried unanimously.
Official Proceedings of the December 21, 1999
Shakopee City Council Page 10
Mr. Loney approached the podium to report on the Design Criteria for the Subdivision Regulations. He
explained that this was tabled at the December 7, 1999, meeting because the Council had some concerns
and wanted staff to review them and make some changes. There was concern in the Soil Erosion Section
and the Street Width Section.
Regarding street width for local streets, Mr. Loney explained that the Subdivision Review Committee
recommended a 32' width and the Planning Commission recommended a 30' width. When brought back
to Council in November, they were not comfortable with all streets being less than 36', but were in
agreement that some could be 32' and the ones with the high volume should be 36'. In talking with our
Transportation Engineer, he is comfortable with no parking on local streets if under 200 cars per day and
they can be 32' wide and if more than 200 cars per day he recommends the street width be 36'. This is the
recommendation and the writing contained the Design Criteria before Council, allowing for the City
Engineer to make the determination. With regard to medium density or high density developments,
something could be added to require 36' streets as opposed to allowing the City Engineer to look at the
number of cars per day. He explained that the intent is to have the Design Criteria go with the
Subdivision Ordinance, which has been adopted. The Engineering staff is working on the technical
standards, which will come back at a later date.
Sweeney/DuBois offered Resolution No. 5279, A Resolution Adopting Design Criteria for Chapter 12 of
the City Code, Subdivision Regulations, and moved its adoption.
Mayor Brekke clarified and Mr. Loney confirmed that the resolution as drafted will allow the Public
Works Director to use his discretion in medium and high density residential areas with 200 or less cars per
day as to whether the street width should be 32' or 36'.
Motion carried unanimously.
Amundson/DuBois offered Resolution No. 5298, a Resolution Decertifying Tax Increment Financing
District No. 9, and moved its adoption. (Motion carried under the Consent Agenda.)
Mark McNeill approached the podium to report on MnDOT Parcels 43 and 39 (adjacent to CR-69)
Request for Proposals. He explained that MnDOT parcel 43 is the"old Gopher State"parcel, where there
is an issue of perceived possible ground contamination. These parcels are located just south and west of
Shakopee Town Square. The City Attorney is working on appropriate language to absolve the City of any
future environmental issues that may arise on the parcels. When this language is completed to the City's
satisfaction, then the City will advertise the availability of this land for development. The amount of land
that will be available for land development is 23 acres. Staff is recommending that the Request for
Proposals document for seeking development of parcels 43 and 39 be approved and that direction be given
to staff to post in appropriate publications. Mr. McNeill now deferred to Mr. Snook, Economic
Development Coordinator. Mr. Snook prepared an RFP. According to Mr. Snook, an RFP serves as
notification that the land is available for purchase and development. It also serves as a guideline outlining
what information is required in developer's proposals regarding this site.
There was dialogue on platting and subdividing these parcels. The preference of the City according to
Mr. McNeill is to sell the entire parcel as one.
Official Proceedings of the December 21, 1999
Shakopee City Council Page 11
Sweeney/Amundson moved to approve the Request for Proposals document for seeking development of
parcels 43 and 39, (located south and west of Shakopee Town Square),that the sale be a cash sale, and
direct staff to post in appropriate publications along with mailing this information to the developers that
the City has had good success with. Motion carried unanimously.
Amundson/DuBois moved to approve the application from Ms. Madge Tobias, 138 West 5th Avenue, and
grant deferment of Special assessments to parcel#27-001566-0 for the 1998 Reconstruction Program,
pursuant to the conditions outlined in Section 2.82 of the City Code. (Motion carried under the Consent
Agenda.)
Amundson/DuBois moved to acknowledge the satisfactory completion of probation and authorize the
retention of Lynette Walsh as an Office Service Worker effective December 3, 1999. (Motion carried
under the Consent Agenda.)
Amundson/DuBois offered Resolution No. 5293, A Resolution Setting Fees for City Licenses, Permits,
Services and Documents, and move its adoption. (Motion carried under the Consent Agenda.)
Amundson/DuBois offered Resolution No. 5299, A Resolution Amending Resolution No. 5036 Adopting
the 1999 Budget, and moved its adoption. (Motion carried under the Consent Agenda.)
Amundson/DuBois moved to authorize the payment of$32,973 to the Shakopee Fire Relief Association
as per the August 1999 corrected certification for the 1999 budget year. (Motion carried under the
Consent Agenda.)
Amundson/DuBois moved to affirm the renewal of the workers compensation with the League of Cities
Insurance Trust for a deposit premium of$72,762. (Motion carried under the Consent Agenda.)
Amundson/DuBois moved to authorize the purchase of three full size police squads from Superior Ford in
the amount of$67,462 in accordance with the State of Minnesota automobile contract#421921. (Motion
carried under the Consent Agenda.)
Amundson/DuBois moved to set the capitalization threshold for fixed assets at$5,000. (Motion carried
under the Consent Agenda.)
Amundson/DuBois offered Resolution No. 5300, A Resolution Redistributing Assessments on Evergreen
Heights Development Parcel, and moved its adoption. (Motion carried under the Consent Agenda.)
A recess was taken at 9:44 for the purpose of conducting the Economic Development Authority meeting.
The meeting reconvened at 9:45.
Sweeney/Link moved to adjourn. Motion carried unanimously. The meeting concluded at 9:45 p.m.
.j• C/ .
IFdith S. Cox Carole Hedlund
ity Clerk Recording Secretary
OFFICIAL PROCEEDINGS OF THE CITY COUNCIL
ADJ. REGULAR SESSION SHAKOPEE,MINNESOTA FEBRUARY 8, 2000
Mayor Brekke called the meeting to order at 6:00 p.m. with Council members Amundson,Link,
Morke, and Sweeney present. Also present were: Mark McNeill, City Administrator,R. Michael
Leek, Community Development Director;Bruce Loney, Public Works Director;Judith S. Cox, City
Clerk; and Fire Chief Mary Athmann.
The agenda was modified to include: 4.A. Fire Truck and 4.B. Truck Purchase for Public Works
Department.
Sweeney/Morke moved to approve the agenda as modified. Motion carried unanimously.
Mayor Brekke appointed Mr. Sweeney as Acting Mayor for today only. He explained that Mr.
Sweeney signed a document as Acting Mayor last year for the State of Minnesota and there was a
follow-up document that needed to be signed and the State required that the same person sign that
document. Although Mr. Link is Acting Mayor, Mr. Sweeney needs to be appointed Acting Mayor
for today so that he can sign the document for the State.
Chief Athmann advised the City Council of the two additional quotes he had received for the
purchase of a light truck.
Sweeney/Morke moved to authorize the purchase of a light pickup truck, a 2000 Ford Ranger, from
Waconia Ford in the amount of$19,367.82. Motion carried unanimously.
Mr. Sweeney acknowledged that the Fire Department had saved a substantial amount of money on
this purchase by obtaining quotes in addition to the state contract.
Mr. Loney reported on the need to purchase a light truck for the Public Works Department. He
explained that the state bid was used.
Link/Amundson moved to authorize the purchase of a Ford F550, 4x4 Cab and Chassis from C&M
Ford Sales in the amount of$27,300 under the State of Minnesota contract. Motion carried
unanimously.
Mayor Brekke stated that the purpose of the worksession with the Jackson Township Supervisors is
to discuss a proposal for orderly annexation, an agreement that would allow annexation to take
place. He acknowledged the large number of people in the audience and explained that there may
not be time for comments from them. He said that there would be time for input at future meetings.
This workshop is to discuss an orderly annexation agreement.
Present from Jackson Township were Supervisors Norbert Theis, Gerold Mareck and Joe Worm,
Clerk Rose Menke and Treasurer Earl Weckman.
Mr. Leek stated that one issue is how to extend sewer into surrounding areas. Jackson Township
doesn't have the capacity to connect to the sewer interceptor, as Metropolitan Council desires
townships to annex to cities for sewer services.
Official Proceedings of the February 8, 2000
Shakopee City Council Page 2
Using a Jackson Township zoning map, Mr. Leek pointed out the area that the Jackson Township
Board has identified in the draft annexation agreement as well as the area that the City Council has
tentatively proposed to be in the annexation agreement. He noted that the two address different
areas.
Mr. Leek stated that the City's draft land use plan has been submitted to the Metropolitan Council
and that it identifies an area for floating MUSA(Metropolitan Urban Service Area). The
Metropolitan Council desires additional information before approving it. It has not yet been
adopted by the City Council as they agreed to send it, without adopting it, to the Metropolitan
Council.
Mr. Leek explained that there are a number if items in the agreement to be discussed, including the
term of the agreement and how the staging will occur. From the discussion tonight we will have a
better idea of how the two bodies are moving toward an agreement. Also, Kathy Bongard from the
Scott County Planning office is present. She has had experience with annexation.
Mr. Theis stated that in follow-up to earlier meetings, they have had the draft annexation resolution
agreement prepared for the discussion tonight. There are a lot of people in the Township who want
to know where it is at. There is concern from people on 2 '/acre lots and people who own land
zoned agricultural preserve. He also stated that a goal for tonight is to know about an east-west
service road through the Township.
Mr. Leek reported that there have been discussions with the County about realigning CR-16 and
connecting it to 17th Avenue, but where 17th Avenue will actually extend has not been determined.
17th Avenue could become a county road or a collector road.
Discussion ensued on the area to be included within the annexation agreement. Mayor Brekke
stated that the only difference between the area identified by the Township and the City is a
triangular area west of CR-69 and a small trailer park. He stated that the City desires to include the
commercial area in the annexation agreement down to CR-69. Mr. Sweeney explained that the City
needs the commercial area to provide taxes for the services for the residential area. Mr. Theis
expressed concern about including the area identified by the City;that there would be nothing left
for the township. Mr. Sweeney explained that including the area in the agreement does not mean
that it will all be annexed tomorrow. There will be time allowed for planning.
Mr. Theis questioned the zoning of the area contained in the annexation agreement and Mayor
Brekke explained that the zoning would be governed by the City at the time of the approval of
the agreement. Mr. Theis explained that land has held to its zoning and that they do not want the
City to rezone it. Mr. Sweeney stated that it is not the City's intent to change the zoning to housing.
Mayor Brekke reiterated that the commercial area will be translated into City commercial and will
be governed by the City commercial regulations; there would be no change in the zoning.
Mr. Mareck stated that he did not see a need to include the commercial area at this time.
Official Proceedings of the February 8, 2000
Shakopee City Council Page 3
Mr. Sweeney expressed a desire to have the agreement perpetual so that it is not subject to change
when the members on the City Council change.
Mayor Brekke asked if Jackson Township was okay with the City zoning and a perpetual
agreement. Mr. Mareck responded that it is okay to put it into the draft agreement but that the
agreement can be changed once it is drafted.
Discussion ensued regarding the provision in the agreement requiring the approval and availability
of utilities for use within two years as it relates to MUSA. Mayor Brekke suggested changing the
language to provide that the City would make its best efforts to extend MUSA as opposed to the
City guaranteeing MUSA. It was noted that the draft states"...within two (2)years from the date of
the annexation."
Discussion ensued and it was agreed that the taxes on annexed land would continue to go to the
township for five years based on the taxes at the time of annexation. Any increased tax dollars
would go to the City. This is what was done with the last annexation.
Mayor Brekke summarized the discussion on the draft orderly annexation agreement thus far: 1)
language will be modified to reflect that the City will check with Metropolitan Council on obtaining
a commitment on MUSA if there is an orderly annexation agreement; 2)the City's zoning
regulations would prevail, not rezoning; 3)we would evaluate the agreement being perpetual; 4)
the City will make its best effort to acquire MUSA; 5) the amount of taxes going to the Township
for five years would be frozen; and 6) further work is need on determining the geographic area to
be included in the agreement. Also, staff will talk with the County Engineer about delineating an
east-west roadway alignment through the Township.
Mr. Theis suggested that a representative from the Township go with City staff when they talk with
the Metropolitan Council about the MUSA extension. There was a consensus that the Jackson
Town Board could designate the person to represent them.
Mr. Theis reiterated that the citizens in Jackson Township are anxious to know when they are going
to be annexed and when they will get MUSA.
After the meeting with the Metropolitan Council regarding MUSA extension, there will be another
joint meeting.
Sweeney/Link moved to adjourn to Tuesday,February 15, 2000, at 7:00 p.m. Motion carried
unanimously. The meeting was adjourned at 7:32 p.m.
7(
J dish S. Cox
ity Clerk
Recording Secretary
OFFICIAL PROCEEDINGS OF THE CITY COUNCIL
ADJ. REGULAR SESSION SHAKOPEE, MINNESOTA FEBRUARY 17, 2000
Mayor Brekke called the meeting to order at 6:04 p.m. with Council members Amundson, Link,
Morke and Sweeney(6:08 p.m.)present. Also present were: Mark McNeill, City Administrator,
R. Michael Leek, Community Development Director, and Judith S. Cox, City Clerk. Members
of the Planning Commission present were: Bill Mars, Mary Romansky, Michael Willard, and
Terry Joos.
Mayor Brekke stated that the purpose of the joint meeting was to talk about the relationship
between the City Council and the Planning Commission and how they might work together more
effectively. He asked those present to share their concerns and ideas in light of the recent
decisions made by the City Council on appeals from the decisions made by the Planning
Commission and Board of Adjustments and Appeals.
Mr. Joos stated that he believes that the Ordinance is the overriding theme and that it applies to
the Planning Commission and the City Council in the same vein. If it is wrong it needs to be
changed. He noted that a number of appeals have involved different information presented to the
Council and that in those cases the application should be sent back to the Planning Commission.
Mr. Sweeney arrived and took his seat.
Mr. Morke concurred and stated that the Developers have figured out what they need to give the
Planning Commission at a minimum and then put all of their eggs in their presentation when they
appeal to the City Council. He believes that we need to understand what a variance is and where
it is needed and apply it equally to everyone.
Mr. Mars stated that he believes that some better projects have come out of controversial
requests. He believes that Shakopee has had a hard time saying"no"to the Developers; and, that
we need to say"no" and we will get what we want for the community in the end.
Ms. Romansky stated that the City needs to be able to say what it wants and then go by the Code,
so it is fair for everyone. If the Code needs to be changed,then we need to change it.
Mr. Morke suggested that a member of the Planning Commission attend Council meetings when
there is an appeal before the Council to advise Council how the Planning Commission arrived at
their decision.
Ms. Romansky stated that she sees it as someone from the City Council coming to the Planning
Commission meetings. When she was on the City Council in another City, she attended the
Planning Commission meetings.
Official Proceedings of the February 17, 2000
Shakopee City Council Page 2
Mr. Willard stated that Mr. Leek and his staff do a fantastic job. He believes that the decisions
that the Planning Commission and Board made are good sound decisions. When overturned by
the Council, he does agree with them. He wishes that the Planning Commission could have the
same flexibility as the Council. He said it is a good idea to have a representative at the Planning
Commission meeting or the Council meeting. He has noticed that the information the Council
gets from applicants is different than what the Planning Commission gets.
Mr. Leek stated that from the staff perspective, there is good work from this group on the
Planning Commission. A number of years ago the Planning Commission went through a change
in how they look at the criteria for granting variances;they look at whether or not the applicant
has an alternative. He would hate to see the Planning Commission look at granting variances at
will. With regard to signs, he noted that there are a relative number of variances and that there
has been a good job done to tailor the Ordinance to fit the community. He agreed that the
Ordinance needs to be changed, if needed.
Mr. Sweeney stated that if an appeal process exists then a decision is appealable. He said that he
is not willing to take the position that the Council can't hear an appeal. An integral part of
planning is the ability to appeal.
Mr. Joos stated that there are five criteria that must be met to grant a variance. If all can not be
met, then the variance shouldn't be granted. If this is followed, the applicant knows what is
expected and the Planning Commission knows what is expected.
Mr. Morke stated that he is not against appeals. With the high appeal rate, he looks at the
presentations of the applicant and that they are different at the City Council than at the Planning
Commission.
Mr. Link stated that he led the charge for this joint meeting and knows the importance for
working together. He said that when he was seated on the Council he saw that the big
Developers were getting what they wanted, than he went to bat for the smaller guy. People do
have the right to appeal. He wished it didn't have to come to the Council. He said that we need
to find a way to work together. He sees the big guys getting what they want so why not the little
guys.
Ms. Amundson stated that she agreed with the appeal process. She concurred that what comes
before the Council is not what the Planning Commission sees. We feel like the bad guys. The
Planning Commission needs some flexibility.
Mayor Brekke stated that he favors sticking to the Ordinance and making changes to the
Ordinance where necessary. In some cases he would be more liberal.
Mayor Brekke stated that he would like to have everyone have one more chance to speak.
Official Proceedings of the February 17, 2000
Shakopee City Council Page 3
Mr. Mars stated that he believes in consistency and that we should say"no" more often. The
Developers aren't going to go away, they want to be here.
Ms. Romansky asked where would you give leeway and to whom; need to stick to the Code.
Using common sense doesn't work as common sense to one person isn't to another person.
Mr. Willard stated that what he is taking from the meeting tonight is direction to have some
leeway and to persuade the other members on the Planning Commission.
Mr. Leek stated that maybe when new information is presented to the Council in an appeal the
matter should be sent back to the Planning Commission. Also, if using a common sense
approach, the applicant should provide information verifying why it is common sense.
Mr. Sweeney stated that it is his perception that the Planning Commission is behaving in good
faith. People who behave in good faith can come to different conclusions. He stated that he
hopes that the perception that the Planning Commission has is that they are doing the best job
that they as a group feel they can do.
Mr. Link stated that he would like to see some way to give the Planning Commission more
leeway when problems arise so that they can work together.
Mr. McNeill stated that he doesn't think that the Developer purposely holds back information
from the Planning Commission. If the information presented to the Council during an appeal is
substantially different than what the Planning Commission was provided, then the Council can
send the matter back to the Planning Commission.
Ms. Amundson concurred that if the material provided the Council is substantially different, the
matter needs to be reviewed by the same body that heard it first.
Mr. Sweeney asked to be excused at 7:00 p.m.
Mr. Morke stated that he liked Mr. McNeill's idea that the Council should hear an appeal and
make a decision on the same material that was presented to the Planning Commission.
Mr. Joos stated that he appreciates working with the Council and appreciated their input.
Mayor Brekke thanked everyone for attending the meeting and closed the meeting at 7:02 p.m.
Odith S. Cox
ity Clerk
Recording Secretary
4/ 2
Co v,s-ivA.-/-
CITY OF SHAKOPEE
Memorandum
TO: Mayor and Council
Mark McNeill, City Administrator
FROM: Gregg Voxland, Finance Director
RE: City Bill List
DATE: February 24, 2000
Introduction and Background
Attached is a print out showing the division budget status for
1999 based on data entered as of 02/24/00 .
Also attached is a regular council bill list for invoices
processed to date for council approval .
In the bill list is payment for uniform items for the Fire
Inspector in the amount of $262 . 94 . The issue of supplying
uniform items for non-Police and non-Public Works has not arisen
before and therefore no policy or precedent .
Included in the checklist but under the control of the EDA are
checks for the EDA General Fund (code 0191) in the amount of
$20 .48 and for Seagate (code 9450) in the amount of $0 . 00.
Also included in the checklist but under the control of the S.W.
Metro Drug Task Force (code 9825) are checks in the amount of
$785 . 56 .
Action Requested
Move to approve the bills in the amount of $203,421 .36 .
CITY OF SHAKOPEE
EXPENSES BY DEPARTMENT
12/31/99
CURRENT YEAR
ANNUAL MONTH TO PERCENT
DEPT DEPT NAME BUDGET ACTUAL DATE EXPENDED
11 MAYOR & COUNCIL 104,080 2,888 96,563 93
12 CITY ADMINISTRATOR 219,200 14,081 185,594 85
13 CITY CLERK 201,220 13,005 177,896 88
15 FINANCE 363,770 32,203 347,107 95
16 LEGAL COUNSEL 367,000 27,064 343,654 94
17 COMMUNITY DEVELOPMENT 737,468 151,797 635,732 86
18 GENERAL GOVERNMENT BUILDINGS 242,230 37,033 209,498 86
31 POLICE 1,935,121 186,766 1,858,855 96
32 FIRE 651,393 99,967 575,366 88
33 INSPECTION-BLDG-PLMBG-HTG 340,962 35,864 340,547 100
41 ENGINEERING 507,620 40,654 473,525 93
42 STREET MAINTENANCE 862,730 62,511 706,521 82
44 SHOP 145,330 16,640 143,741 99
46 PARK MAINTENANCE 492,090 54,461 456,196 93
91 UNALLOCATED 3,597,780 -409,147 692,842 19
TOTAL GENERAL FUND 10,767,994 365,785 7,243,637 67
17 COMMUNITY DEVELOPMENT 676,180 67,578 568,739 84
TOTAL TRANSIT 676,180 67,578 568,739 84
00 N/A 0 0 785 0
19 EDA 403,170
81,909 226,567 56
TOTAL EDA 403,170 81,909 227,353 56
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/110
CITY OF SHAKOPEE
Memorandum
TO: Mayor and City Council
Mark McNeill, City Administrator
FROM: Julie Klima, Planner II
RE: Text Amendment for Floodplain Overlay Zone
DATE: February 29, 2000
DISCUSSION
At its January 6 and February 17, 2000, meetings, the Planning Commission reviewed a
proposed text amendment relating to the Floodplain Overlay Zone. A copy of the
proposed ordinance and copies of the January 6 and February 17 reports to the Planning
Commission are attached for the Council's information.
PLANNING COMMISSION RECOMMENDATION
The Planning Commission has recommended to the City Council the approval of the
proposed ordinance.
ALTERNATIVES
1. Approve the ordinance, as presented.
2. Approve the ordinance, with revisions.
3. Deny the ordinance.
4. Table action on the matter and request additional information from staff.
ACTION REQUESTED
Offer a motion to approve Ordinance No. 567, An Ordinance Amending Chapter 11,
Section 11.56, Floodplain Overlay Zone By Replacing It In Its Entirety and its associated
Ordinance Summary, and move it adoption.
•
ulie Klima
Planner II
g:\cc\2000\tldpin.doc
CITY OF SHAKOPEE
Memorandum
TO: Shakopee Planning Commission
FROM: Julie Klima,Planner II
RE: Text Amendment for Floodplain Overlay Zone
DATE: February 17, 2000
DISCUSSION
On January 6, 2000, the Planning Commission held a public hearing on a proposed text
amendment to the Floodplain Overlay Zone. After closing the public hearing, the
Commission directed staff to prepare the text amendment in ordinance form and bring it
forward for the Commission's review.
Section 11.83, Subd. 2 of the City Code states "the City Council may grant a zoning
ordinance amendment when it finds that one or more of the following criteria exist."
Based on these criteria, staff has prepared the following draft findings.
Criteria#1: That the original zoning ordinance is in error.
Finding#1: The original zoning ordinance is in error. The ordinance has not been
updated consistent with changes required by the Minnesota Department
of Natural Resources (DNR). The proposed amendment would bring
the Floodplain regulations into compliance with the requirements of the
Minnesota DNR.
Criteria#2: That significant changes in community goals and policies have taken
place.
Finding#2: Significant changes in community goals and policies have not taken
place.
Criteria #3: That significant changes in City-wide or neighborhood development
patterns have occurred; or
Finding#3: Significant changes in City-wide or neighborhood development patterns
have not occurred
Criteria#4: That the comprehensive plan requires a different provision.
Finding#4: The proposed amendment is not in conflict with the comprehensive
plan.
Attached to this memorandum is a copy of the proposed text amendment in Ordinance
form.
ALTERNATIVES
1. Recommend approval to the City Council of the text amendment, as presented.
2. Recommend approval to the City Council of the text amendment, as revised.
3. Recommend denial to the City Council of the text amendment.
4. Continue the public hearing.
5. Table action on this item to allow staff to provide additional information.
STAFF RECOMMENDATION
Staff recommends that the Planning Commission review the proposed text amendment
and recommend approval to the City Council (Alternative Nos. 1 or 2).
ACTION REQUESTED
Offer a motion to recommend approval of the proposed text amendment to the City
Council , and move its adoption.
/ ,
dertri! r,
lie .i('.
' Planner II
g:vwu-r62000\floodpm..doc
ORDINANCE NO. 567,FOURTH SERIES
AN ORDINANCE OF THE CITY OF SHAKOPEE
AMENDING CHAPTER 11,ZONING, SECTION 11.56,
FLOODPLAIN OVERLAY ZONE BY REPLACING IT IN ITS ENTIRETY
THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, ORDAINS:
Section 1 —That City Code Chapter 11, Zoning, Section 11.56,Floodplain Overlay Zone,
is hereby amended by replacing it in its entirety with the following:
SECTION 1.0 STATUTORY AUTHORIZATION, FINDINGS OF FACT AND
PURPOSE
1.1 Statutory Authorization. The legislature of the State of Minnesota has, in Minnesota
Statutes Chapter 103F and 462 delegated the responsibility to local government units
to adopt regulations designed to minimize flood losses. Therefore, the City Council
of the City of Shakopee, Minnesota does ordain as follows:
1.2 Findings of Fact
1.21 The flood hazard areas of Shakopee, Minnesota 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 for
flood protection and relief, and impairment of the tax base, all of which adversely affect
the public health, safety, and general welfare.
1.22 Methods Used to Analyze Flood Hazards. This ordinance is based upon a
reasonable method of analyzing flood hazards which is consistent with the standards
established by the Minnesota Department of Natural Resources.
1.3 Statement of Purpose: It is the purpose of this ordinance to promote the public
health, safety, and general welfare and to minimize those losses described in Section
1.21 by provisions contained herein.
SECTION 2.0 GENERAL PROVISIONS
2.1 Lands to Which Ordinance Applies: This ordinance shall apply to all lands within the
jurisdiction of the City of Shakopee shown on the Official Zoning Map and/or the
attachments thereto as being located within the boundaries of the Floodway or Flood
Fringe Districts.
2.2 Establishment of Official Zoning Map: The Official Zoning Map together with all
materials attached thereto is herby adopted by reference and declared to be a part of this
ordinance. The attached material shall include the Flood Insurance Study for the City of
Shakopee prepared by the Federal Insurance Administration dated September 29, 1978
and the Flood Boundary and Floodway Map dated September 29, 1978 therein. The
Official Zoning Map shall be on file in the Office of the City Clerk and the Community
Development Department.
2.3 Regulatory Flood Protection Elevation: The Regulatory Flood Protection Elevation
shall be an elevation no lower than one foot above the elevation of the regional flood plus
any increases in flood elevation caused by encroachments on the flood plain that result
from designation of a floodway.
2.4 Interpretation:
2.41 In their interpretation and application, the provisions of this ordinance shall be held
to be minimum requirements and shall be liberally construed in favor of the Governing
Body and shall not be deemed a limitation or repeal of any other powers granted by State
Statutes.
2.42 The boundaries of the zoning districts shall be determined by scaling distances on
the official Zoning Map. Where interpretation is needed as to the exact location of
the boundaries of the district as shown on the Official Zoning Map, as for example
where there appears to be a conflict between a mapped boundary and actual field
conditions and there is a formal appeal of the decision of the Zoning Administrator,
the Board of Adjustment shall make the necessary interpretation. All decisions will
be based on elevations on the regional (100 year)flood profile and other available
technical data. Persons contesting the location of the district boundaries shall be
given a reasonable opportunity to present their case to the Board and to submit
technical evidence.
2.5 Abrogation and Greater Restrictions: It is not intended by this ordinance to repeal,
abrogate, or impair any existing easements, covenants, or deed restrictions. However,
where this ordinance imposes greater restrictions, the provisions of this ordinance shall
prevail. All other ordinances inconsistent with this ordinance are hereby repealed to the
extent of inconsistency only.
2.6 Warning and Disclaimer of Liability: This ordinance does not imply that areas
outside the flood plain districts or land uses permitted within such districts will be free
from flooding or flood damages. This ordinance shall not create liability on the part of
the City of Shakopee or any officer or employee thereof for any flood damages that result
from reliance on this ordinance or any administrative decision lawfully made hereunder.
2.7 Severability: If any section clause, provision, or portion of this ordinance is adjudged
unconstitutional or invalid by a court of competent jurisdiction, the remainder of this
ordinance shall not be affected thereby.
2.8 Definitions: Unless specifically defined below, words or phrases used in this
ordinance shall be interpreted so as to give them the same meaning as they have in
common usage and so as to give this ordinance its most reasonable application.
2.811 Accessory Use or Structure—a use or structure on the same lot with, and of a
nature customarily incidental and subordinate to, the principal use or structure.
2.812 Basement—means any area of a structure, including crawl spaces, having its floor
or base subgrade(below ground level) on all four sides, regardless of the depth of
excavation below ground level.
2.813 Conditional Use—means a specific type of structure or land use listed in the
official control that may be allowed but only after an in-depth review procedure and with
appropriate conditions or restrictions as provided in the official zoning controls or
building codes and upon a finding that: (1)certain conditions as detailed in the zoning
ordinance exist and(2)the structure and/or land use conform to the comprehensive land
use plan if one exists and are compatible with the existing neighborhood.
2.814 Equal Degree of Encroachment- a method of determining the location of
floodway boundaries so that flood plain lands on both sides of a stream are capable of
conveying a proportionate share of flood flows.
2.815 Flood—a temporary increase in the flow or stage of a stream or in the stage of a
wetland or lake that results in the inundation of normally dry areas.
2.816 Flood Frequency—the frequency for which it is expected that a specific flood stage
or discharge may be equaled or exceeded.
2.817 Flood Fringe—that portion of the flood plain outside of the floodway. Flood fringe
is synonymous with the term"floodway fringe" used in the Flood Insurance Study for the
City of Shakopee.
2.818 Flood Plain—the beds proper and the areas adjoining a wetland, lake or
watercourse which have been or hereafter may be covered by the regional flood.
2.819 Flood-Proofing—a combination of structural provision, changes, or adjustments to
properties and structures subject to flooding, primarily for the reduction or elimination of
flood damages.
2.820 Floodway—the bed of a wetland or lake and the channel of a watercourse and
those portions of the adjoining flood plain which are reasonably required to carry or store
the regional flood discharge.
2.821 Obstruction—any dam, wall, wharf, embankment, levee, dike, pile, abutment,
projection, excavation, channel modification, culvert,building, wire, fence, stockpile,
refuse, fill, structure, or matter in along, across, or projecting into any channel,
watercourse, or regulatory floodplain which may impede, retard or change the direction
of the flow of water, either in itself or by catching or collecting debris carried by such
water.
2.822 Principal Use or Structure—means all uses or structures that are not accessory uses
or structures.
2.823 Reach—a hydraulic engineering term to describe a longitudinal segment of a
stream or river influenced by a natural or man-made obstruction. In an urban area, the
segment of a stream or river between two consecutive bridge crossings would most
typically constitute a reach.
2.824 Regional Flood—a flood which is representative of large floods known to have
occurred generally in Minnesota and reasonably characteristic of what can be expected to
occur on an average frequency in the magnitude of the 100 year recurrence interval.
Regional flood is synonymous with the term"base flood"used in the Flood Insurance
Study.
2.825 Regulatory Flood Protection Elevation—the Regulatory Flood Protection Elevation
shall be an elevation no lower than one foot above the elevation of the regional flood plus
any increases in flood elevation caused by encroachments on the flood plain that result
from designation of a floodway.
2.826 Structure—anything constructed or erected on the ground or attached to the ground
or on-site utilities, including,but not limited to, buildings, factories, sheds, detached
garages, cabins, manufactured homes, travel trailers/vehicles not meeting the exemption
criteria specified in Section 9.31 of the ordinance and other similar items.
2.827 Variance—means a modification of a specific permitted development standard
required in an official control including this ordinance to allow an alternative
development standard not stated as acceptable in the official control, but only as applied
to a particular property for the purpose of alleviating a hardship, practical difficulty or
unique circumstance as defined and elaborated upon in a community's respective
planning and zoning enabling legislation.
SECTION 3.0 ESTABLISHMENT OF ZONING DISTRICTS
3.1 Districts:
3.11 Floodway District. The Floodway District shall include those areas designated as
floodway on the Flood Boundary and Floodway Map adopted in Section 2.2.
3.12 Flood Fringe District. The Flood Fringe District shall include those areas designated
as floodway fringe on the Flood Boundary and Floodway Map adopted in Section 2.2.
3.2 Compliance: No new structure or land shall hereafter be used and no structure shall
be located, extended, converted or structurally altered without full compliance with the
terms of this ordinance and other applicable regulations which apply to uses within the
jurisdiction of this ordinance. Within the Floodway and Flood Fringe Districts, all uses
not listed as permitted uses or conditional uses in Section 4.0, 5.0, and 6.0 that follow,
respectively, shall be prohibited. In addition, a caution is provided here that:
3.21 New manufactured home, replacement manufactured homes and certain travel
trailers and travel vehicles are subject to the general provisions of this ordinance and
specifically Section 9.0. _
3.22 Modifications, additions, structural alterations or repair after damage to existing
nonconforming structures and nonconforming uses of structures or land are regulated by
the general provisions of this ordinance and specifically Section 11.0; and
3.23 As built elevations for elevated or flood proofed structures must be certified by
ground surveys and flood proofing techniques must be designed and certified by a
registered professional engineer or architect as specifie3d in the general provisions of this
ordinance and specifically as stated in Section 10.0 of this ordinance.
SECTION 4.0 FLOODWAY DISTRICT
4.1 Permitted Uses:
4.11 General farming, pasture, grazing, outdoor plant nurseries, horticulture, truck
farming, forestry, sod farming and wild crop harvesting.
4.12 Industrial-commercial loading, areas, parking areas, and airport landing strips.
4.13 Private and public golf courses, tennis courts, driving ranges, archery ranges, picnic
grounds, boat launching ramps, swimming areas, parks wildlife and nature preserves,
game farms, fish hatcheries, shooting preserves, target ranges, trap and skeet ranges,
hunting and fishing areas, and single or multiple purpose recreational trails.
4.14 Residential lawns, gardens, parking areas, and play areas.
4.2 Standards for Floodway Permitted Uses:
4.21 The use shall have a low flood damage potential.
4.22 The use shall be permissible in the underlying zoning district if one exists.
4.23 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.
4.3 Conditional Uses:
4.31 Structures accessory to the uses listed in 4.1 above and the uses listed in 4.32—4.38
below.
4.32 Extraction and storage of sand, gravel, and other materials.
4.33 Marinas, boat rentals, docks, piers, wharves, and water control structures.
4.34 Railroads, streets, bridges, utility transmission lines, and pipelines.
4.35 Storage yards for equipment, machinery, or materials.
4.36 Placement of fill.
4.37 Travel trailers and travel vehicles either on individual lots or record or in existing or
new subdivisions or commercial or condominium type campgrounds, subject to the
exemptions and provisions of Section 9.3 of this ordinance.
4.38 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.
4.4 Standards for Floodway Conditional Uses:
4.41 All Uses. No structure(temporary or permanent), fill (including fill for roads and
levees), deposit, obstruction, storage of materials or equipment, or other uses may be
allowed as a Conditional Use that will cause any increase in the stage of the 100-year or
regional flood or cause an increase in flood damages in the reach or reaches affected.
4.42 All floodway Conditional Uses shall be subject to the procedures and standards
contained in Section 10.4 of this ordinance.
4.43 The conditional use shall be permissible in the underlying zoning district if one
exists.
4.44 Fill:
(a) Fill, dredge spoil and all other similar materials deposited or stored in the flood
plain shall be protected from erosion by vegetative cover, mulching, riprap or
other acceptable method.
(b) Dredge spoil sites and sand and gravel operations shall not be allowed in the
floodway unless a long-term site development plan is submitted which includes
and erosion/sedimentation prevention element to the plan.
(c) As an alternative, and consistent with Subsection(b)immediately above, dredge
spoil disposal and sand and gravel operations may allow temporary, on-site
storage of fill or other materials which would have caused an increase to the stage
of the 100-year or regional flood but only after the Governing Body has received
an appropriate plan which assures the removal of the materials from the floodway
based upon the flood warning time available. The Conditional Use Permit must
be title registered with the property in the Office of the County Recorder.
4.45 Accessory Structures:
(a) Accessory structures shall not be designed for human habitation.
(b) Accessory structures, if permitted, shall be constructed and placed on the building
site so as to offer the minimum obstruction to the flow of flood waters. (1)
Whenever possible, structures shall be constructed with the longitudinal axis
parallel to the direction of flood flow, and(2) so far as practicable, structures shall
be placed approximately on the same flood flow lines as those of adjoining
structures.
(c) Accessory structures 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:
(1) 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
(2) any mechanical and utility equipment in a structure must be
elevated to or above the Regulatory Flood Protection Elevation
or properly flood proofed.
4.46 Storage of Materials and Equipment:
(a) The storage or processing of materials that are, in time of flooding, flammable,
explosive, or potentially injurious to human, animal, or plant life is prohibited.
(b) Storage of other materials or equipment may be allowed if readily removable
from the area within the time available after a flood warning and in accordance
with a plan approved by the Governing Body.
4.47 Structural works for flood control that will change the course, current or cross
section of protected wetlands or public waters shall be subject to the provisions of
Minnesota Statute, Chapter 105. Community-wide structural works for flood control
intended to remove areas from the regulatory flood plain shall not be allowed in the
floodway.
4.48 A levee, dike or floodwall constructed in the floodway shall not cause an increase to
the 100-year or regional flood and the technical analysis must assume equal conveyance
or storage loss on both sides of a stream.
SECTION 5.0 FLOOD FRINGE DISTRICT(FF)
5.1 Permitted Uses: Permitted Uses shall be those uses of land or structures listed as
Permitted Uses in the underlying zoning use district(s). If no pre-existing, underlying
zoning use districts exist, then any residential or non residential structure or use of a
structure or land shall be a Permitted Use in the Flood Fringe provided such use does not
constitute a public nuisance. All permitted uses shall comply with the standards for
Flood Fringe"Permitted Uses" listed in Section 5.2 and the"Standards for all Flood
Fringe Uses" listed in Section 5.5.
5.2 Standards for Flood Fringe Permitted Uses:
5.21 All structures, including accessory structures, must 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 now 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.
5.22 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 Section 4.45 (c).
5.23 The cumulative placement of ill where at any one time in excess of one thousand
(1,000) cubic yards of fill is located on the parcel shall be allowable only as a Conditional
Use, unless said fill is specifically intended to elevate a structure in accordance with
Section 5.21 of this ordinance.
5.24 The storage of any materials or equipment shall be elevated on fill to the Regulatory
Flood Protection Elevation.
5.25 The provisions of Section 5.5 of this ordinance shall apply.
5.3 Conditional Uses: Any structure that is not elevated on fill or flood proofed in
accordance with Section 5.21-5.22 or any use of land that does not comply with the
standards in Section 5.23-5.24 shall only be allowable as a Conditional Use. An
application for a conditional use shall be subject to the standards and criteria and
evaluation procedures specified in Sections 5.4-5.5 and 10.4 of this ordinance.
5.4 Standards for Flood Fringe Conditional Uses:
5.41 Alternative elevation methods other than the use of fill may be utilized to elevate a
structure's lowest floor above the Regulatory Flood Protection Elevation. These
alternative methods may include 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 basement or lowest
floor if 1)if 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 of vehicles, building access or storage. The above-noted
alternative elevation methods are subject to the following additional standards:
(a) Design and Certification—the structure's design and as-built condition must 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 and air conditioning equipments
and other service facilities must 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 must be designed to internally flood and the design
plans must 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.
(2) That the enclosed area will be designed of flood resistant materials in
accordance with the FP-3 or FP-4 classifications in the State Building
Code and shall be used solely for building access, parking of vehicles or
storage.
5.42 Basements, as defined by Section 2.812 of this ordinance, shall be subject to the
following:
(a) residential basement construction shall not be allowed below the Regulatory Flood
Protection Elevation.
(b) non-residential basements may be allowed below the Regulatory Flood Protection
Elevation provided the basement is structurally dry flood proofed in accordance with
Section 5.43 of this ordinance.
5.43 All areas of non residential structures including basements to be placed below the
Regulatory Flood Protection Elevation shall be flood proofed in accordance with the
structurally dry flood proofing classifications in the State Building Code. Structurally
dry flood proofing must meet the FP-1 or FP-2 flood proofing classification in the State
Building Code and this shall require making the structure watertight with the walls
substantially impermeable to the passage of water and with structural components having
the capability of resisting hydrostatic and hydrodynamic loads and the effects of
buoyancy. Structures flood proofed to the FP-3 or FP-4 classification shall not be
permitted.
5.44 When at any one time more than 1,000 cubic yards of fill or other similar material is
located on a parcel for such activities as on-site storage, landscaping, sand and gravel
operations, landfills, roads dredge spoil disposal or construction of flood control works,
an erosion/sedimentation control plan must be submit unless the community is enforcing
a state approved shoreland management ordinance. In the absence of a state approved
shoreland ordinance, the plan must clearly specify 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
must be prepared and certified by a registered professional engineer or other qualified
individual acceptable to the Governing Body. The plan may incorporate alternative
procedures for removal of the material from the flood plain if adequate flood warning
time exists.
5.45 Storage of Materials and Equipment
(a) The storage or processing of materials that are, in time of flooding,
flammable, explosive, or potentially injurious to human, animal, or plant
life is prohibited.
(b) Storage of other materials or equipment may be allowed if readily
removable from the area within the time available after a flood warning
and in accordance with a plan approved by the Governing Body.
5.46 The provisions of Section 5.5 of this ordinance shall also apply.
5.5 Standards for All Flood Fringe Uses:
5.51 All new principal structures must have vehicular access at or above an elevation not
more than two (2) feet below the Regulatory Flood Protection Elevation. If a variance to
this requirement is granted, the Board of Adjustment must specify limitations on the
period of use or occupancy of the structure for time of flooding and only after
determining that adequate flood warning time and local flood emergency response
procedures exist.
5.52 Commercial Uses—accessory land uses, such as yards, railroad tracks, and parking
lots may be at elevations lower than the Regulatory Flood Protection Elevation.
However, a permit for such facilities to be used by the employees or the general public
shall not be granted 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 occurrence of the
regional flood.
5.53 Manufacturing and Industrial Uses—measures shall be taken to minimize
interference with normal plat operations especially along streams having protracted flood
durations. Certain accessory land uses such as yards and parking lots may be at lower
elevations subject to requirements set out in Section 5.52 above. In considering permit
applications, due consideration shall be given to needs of an industry whose business
requires that it be located in flood plain areas.
5.54 Fill shall be properly compacted and the slopes shall be properly protected by the
use of riprap, vegetative cover or other acceptable method. The Federal Emergency
Management Agency(FEMA) has established criteria for removing the special flood
hazard area designation for certain structures properly elevated on fill above the 100-year
flood elevation—FEMA's requirements incorporate specific fill compaction and side
slope protection standards for multi-structure or multi-lot developments. These standards
should be investigated prior to the initiation of site preparation if a change of special
flood hazard area designation will be requested.
5.55 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
specified on the Official Zoning Map.
5.56 Standards for travel trailers and travel vehicles are contained in Section 9.3.
5.57 All manufactured homes must be securely anchored to an adequately anchored
foundation system that resists flotation, collapse and lateral movement. Methods of
anchoring may include, but are not to be limited to, use of over-the-top or frame ties to
ground anchors. This requirement is in addition to applicable state or local anchoring
requirements for resisting wind forces.
SECTION 6.0 Reserved for Future Use
SECTION 7.0 SUBDIVISIONS2
7.1 Review Criteria. No land shall be subdivided which is unsuitable for the reason of
flooding, inadequate drainage, water supply or sewage treatment facilities. All lots
within the flood plain districts shall contain a building site at or above the Regulatory
Flood Protection Elevation. All subdivisions shall have water and sewage treatment
facilities that comply with the provisions of the ordinance and have road access both to
the subdivision and to the individual building sites no lower than two feet below the
Regulatory Flood Protection Elevation. For all subdivisions in the flood plain, the
Floodway and Flood Fringe boundaries, the Regulatory Flood Protection Elevation and
the required elevation of all access roads shall be clearly labeled on all required
subdivision drawings and platting documents.
7.2 Removal of Special Flood Hazard Area Designation. The Federal Emergency
Management Agency(FEMA)has established criteria for removing the special flood
hazard area designation for certain structures properly elevated on fill above the 100-year
flood elevation. FEMA's requirements incorporate specific fill compaction and side
slope protection standards for multi-structure or multi-lot developments. These standards
should be investigated prior to the initiation of site preparation if a change of special
flood hazard area designation will be requested.
SECTION 8.0 PUBLIC UTILITIES, RAILROADS, ROADS, AND BRIDGES
8.1 Public Utilities. All public utilities and facilities such as gas, electrical, sewer, and
water supply systems to be located in the flood plain shall be flood-proofed in accordance
with the State Building Code or elevated to above the Regulatory Flood Protection
Elevation.
8.2 Public Transportation Facilities. Railroad tracks, roads, and bridges to be located
within the flood plain shall comply with Sections 4.0 and 5.0 of the ordinance. Elevation
to the Regulatory Flood Protection Elevation shall be provided where failure or
interruption of these transportation facilities would result in danger to the public health or
safety or where such facilities are essential to the orderly functioning of the area. Minor
or auxiliary roads or railroads may be constructed at a lower elevation where failure or
interruption of transportation services would not endanger the public health or safety.
2 This Section is not intended as a substitute for a comprehensive city or county
subdivision ordinance. It can, however, be used as an interim control until the
comprehensive subdivision ordinance can be amended to include necessary flood
plain management provisions.
8.3 On-site Sewage Treatment and Water Supply Systems. Where public utilities are not
provided: 1) on-site water supply systems must be designed to minimize or eliminate
infiltration of flood waters into the systems; and 2)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 Section.
SECTION 9.0 MANUFACTURED HOMES AND MANUFACTED HOME PARKS
AND PLACEMNT OF TRAVEL TRAILERS AND TRAVEL VEHICLES.
9.1 New manufactured home parks and expansions to existing mobile manufactured
home parks shall be subject to the provisions placed on subdivision by Section 7.0 of this
ordinance.
9.2 The placement of new or replacement manufactured homes in existing manufactured
home parks or on individual lots of record that are located in flood plain districts will be
treated as a new structure and may be placed only if elevated in compliance with Section
5.0 of this ordinance. If vehicular road access for pre-existing manufactured home parks
is not provided in accordance with Section 5.51, then replacement manufactured homes
will not be allowed until the property owner(s) develops a flood warning emergency plan
acceptable to the Governing Body.
9.21 All manufactured homes must be securely anchored to an adequately anchored
foundation system that resists flotation, collapse and lateral movement. Methods of
anchoring may include, but are not to be limited to,use of over-the-top or frame ties to
ground anchors. This requirement is in addition to applicable state or local anchoring
requirements for resisting wind forces.
9.3 Travel trailers and travel vehicles that do not meet the exemption criteria specified in
Section 9.31 below shall be subject to the provisions of this ordinance and as specifically
spelled out in Sections.9.33-9.34 below.
9.31 Exemption—travel trailers and travel vehicles are exempt from the provisions of this
ordinance if they are placed in any of the areas listed in Section 9.32 below and further
they meet the following criteria:
(a) have current licenses required for highway use.
(b) are highway ready meaning on wheels or the internal jacking system, are attached
to the site only by quick disconnect type utilities commonly used in campgrounds
and trailer parks and the travel trailer/travel vehicle has no permanent structural
type additions attached to it.
(c) the travel trailer or travel vehicle and associated use must be permissible in any
pre-existing, underlying zoning use district.
9.32 Areas Exempted for Placement of Travel/Recreational Vehicles:
(a) individual lots or parcels of record.
(b) Existing commercial recreational vehicle parks or campgrounds.
(c) Existing condominium type associations.
9.33 Travel trailers and travel vehicles exempted in Section 9.31 lose this exemption
when development occurs on the parcel exceeding$500 dollars for a structural addition
to the travel trailer/travel vehicle or an accessory structure such as a garage or a storage
building. The travel trailer/travel vehicle and all additions and accessory structures will
then be treated as a new structure and shall be subject to the elevation/flood proofing
requirements and the use of land restrictions specified in Sections 4.0 and 5.0 of this
ordinance.
9.34 New commercial travel trailer or travel vehicle parks or campgrounds and new
residential type subdivisions and condominium associations and the expansion of any
existing similar use exceeding five(5)units or dwelling sites shall be subject to the
following:
(a) any new or replacement travel trailer or travel vehicle will be allowed in the
Floodway or Flood Fringe Districts provided said trailer or vehicle and its
contents are placed on fill above the Regulatory Flood Protection Elevation and
proper elevated road access to the site exists in accordance with Section 5.51 of
this Ordinance. Any fill placed in a floodway for the purpose of elevating a travel
trailer shall be subject to the requirements of Section 4.0.
(b) all new or replacement travel trailers or travel vehicles not meeting the criteria of
(a) above may, as an alternative, be allowed as a Conditional Use if in accordance
with the following provisions and the provisions of 10.4 of the ordinance. The
applicant must submit an emergency plan for the safe evacuation of all vehicles
and people during the 100 year flood. Said plan shall be prepared by a registered
engineer or other qualified individual and shall demonstrate that adequate time
and personnel exist to carry out the evacuation. All attendant sewage and water
facilities for new or replacement travel trailers or other recreational vehicles must
be protected or constructed so as to not be impaired or contaminated during times
of flooding in accordance with Section 8.3 of this ordinance.
SECTION 10.0 ADMINISTRATION
10.1 Zoning Administrator: a zoning administrator or other official designated by the
Governing Body shall administer and enforce this ordinance. If the zoning administrator
finds a violation of the provisions of this ordinance the zoning administrator shall notify
the person responsible for such violation in accordance with the procedures stated in
Section 12.0 of the ordinance.
10.2 Permit Requirements:
10.21 Permit Required. A permit issued by the zoning administrator in conformity with
the provisions of this ordinance shall be secured prior to the erection, addition, or
alteration of any building, structure, or portion thereof; prior to the use or change of use
of a building, structure, or land; prior to the change or extension of a nonconforming use;
and prior to the placement of fill, excavation of materials, or the storage of materials or
equipment within the flood plain.
10.22 Application for Permit. Application for a Permit shall be made in duplicate to the
Zoning Administrator on forms furnished by the Zoning Administrator and shall include
the following where applicable: plans in duplicate drawn to scale, showing the nature,
location, dimensions, and elevations of the lot; existing or proposed structures, fill or
storage of materials; and the location of the foregoing in relation to the stream channel.
10.23 State and Federal Permits. Prior to granting a permit or processing an application
for a conditional use permit or variance, the zoning administrator shall determine that the
applicant has obtained all necessary State and Federal Permits.
10.24 Certificate of Zoning Compliance for a New, Altered, or Nonconforming Use. It
shall be unlawful to use, occupy, or permit the use or occupancy of any building or
premises or part thereof hereafter created, erected, changed, converted, altered, or
enlarged in its use or structure until a Certificate of Zoning Compliance shall have been
issued by the Zoning Administrator state that the use of the building or land conforms to
the requirements of this ordinance.
10.25 Construction and Use to be Provided on Applications, Plans, Permits, Variances
and Certificates of Zoning Compliance. Permits, conditional use permits, or certificates
of Zoning Compliance issued on the basis of approved plans and applications authorize
only the use, arrangement, and construction set forth is such approved plans and
applications, and no other use, arrangement or construction. Any use, arrangement, or
construction at variance with that authorized shall be deemed a violation of this
ordinance, and punishable as provided by Section 12.0 of this ordinance.
10.26 Certification. The applicant shall be required to 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
ordinance. Flood proofing measures shall be certified by a registered professional
engineer or registered architect.
10.27 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
shall also maintain a record of the elevation to which structures and alterations or
additions to structures are flood-proofed.
10.3 Board of Adjustment
10.31 Rules. The Board of Adjustment shall adopt rules for the conduct of business and
may exercise all of the powers conferred on such Boards by State law.
10.32 Administrative Review. The Board shall hear and decide appeals where it is
alleged there is error in any order, requirement, decision, or determination made by an
administrative official in the enforcement or administration of this ordinance.
10.33 Variances. The board may authorize upon appeal in specific cases such relief or
variance from the terms of this ordinance as will not be contrary to the public interest and
only for those circumstances such as hardship, practical difficulties or circumstances
unique to the property under consideration, as provided for in the respective enabling
legislation for planning and zoning for cities or counties as appropriate. In the granting
of such variance, the Board of Adjustment shall clearly identify in writing the specific
conditions that existed consistent with the criteria specified in the respective enabling
legislation which justified the granting of the variance. No variance shall have the effect
of allowing in any district uses prohibited in that district, permit a lower degree of flood
protection than the Regulatory flood Protection Elevation for the particular area, or
permit standards lower than those required by State law.
10.34 Hearings. Upon filing with the Board of Adjustment of an appeal from a decision
of the zoning administrator, or an application for a variance, the Board shall fix a
reasonable time for a hearing and give due notice to the parties in interest as specified by
law. The Board shall submit by mail to the Commissioner of natural Resources a copy of
the application for proposed variances sufficiently in advance so that the Commissioner
will receive at least ten days notice of the hearing.
10.35 Decisions. The Board shall arrive at a decision on such appeal or variance within
120 days. In passing upon an appeal, the Board may, so long as such action is in
conformity with the provisions of this ordinance, reverse or affirm,wholly or in part, or
modify the order, requirement, decision or determination of the zoning administrator or
other public official. It shall make its decision in writing setting forth the findings of fact
and the reasons for its decisions. In granting a variance the Board may prescribe
appropriate conditions and safeguards such as those specified in Section 10.46, which are
in conformity with the purposes of this ordinance. Violations of such conditions and
safeguards, when made a part of the terms under which the variance is granted, shall be
deemed a violation of this ordinance punishable under Section 12.0. A copy of all
decisions granting variances shall be forwarded by mail to the Commissioner of Natural
Resources within ten(10) days of such action.
10.36 Appeals. Appeals from any decision of the Board may be made, and as specified
in this Community's Official Controls and also Minnesota Statutes.
10.37 Flood Insurance Notice and Record Keeping. The zoning administrator shall notify
the applicant for a variance that 1)the issuance of a variance to construct a structure
below the base flood level will result in increased premium rates for flood insurance up to
amounts as high as $25 for$100 of insurance coverage and 2) such construction below
the 100-year or regional flood level increases risks to life and property. Such notification
shall be maintained with a record of all variance actions. A community shall maintain a
record of all variance actions, including justification for their issuance, and report such
variances issued in its annual or biennial report submitted to the Administrator of the
National Flood Insurance Program.
10.4 Conditional Uses. The City of Shakopee Board of Adjustment and Appeals shall
hear and decide applications for Conditional Uses permissible under this ordinance.
Applications shall be submitted to the zoning administrator who shall forward the
application to the Board of Adjustment and Appeals for consideration.
10.41 Hearings. Upon filing with the Board of Adjustment and Appeals an application
for a conditional use permit, the Board of Adjustment and Appeals shall submit by mail
to the Commissioner of Natural Resources a copy of the application for proposed
Conditional Use sufficiently in advance so that the Commission will receive at least ten
days notice of the hearing.
10.42 Decisions. The Board of Adjustment and Appeals shall arrive at a decision on a
Conditional Use Permit within 120 days. In granting a Conditional Use Permit the Board
of Adjustment and Appeals shall prescribe appropriate conditions and safeguards, in
addition to those specified in Section 10.46, which are in conformity with the purposes of
this ordinance. Violations of such conditions and safeguards, when made a part of the
terms under which the Conditional Use Permit is granted, shall be deemed a violation of
this ordinance punishable under Section 12.0. A copy of all decisions granting
conditional use permits shall be forwarded by mail to the Commissioner of Natural
Resources within 10 days of such action.
10.43 Procedures to be followed by the Board of Adjustment and Appeals in Passing on
Conditional Use Permit Applications within all Floodplain Districts.
(a) Require the applicant to furnish such of the following information and additional
information as deemed necessary by the Board of Adjustment and Appeals for
determining the suitability of the particular site for the proposed use:
(1) Plans in triplicate drawn to scale showing the nature, location, dimensions,
and elevation of the lot, existing or proposed structures, fill storage of
materials, flood-proofing measures, and the relationship of the above to
the location of the stream channel.
(2) Specifications for building construction and materials, flood-proofing,
filling, dredging, grading, channel improvement, storage of materials,
water supply and sanitary facilities.
(b) Transmit one copy of the information described in subsection(a)to a designated
engineer or other expert person or agency for technical assistance, where
necessary, in evaluating the proposed project in relation to flood heights and
velocities, the seriousness of flood damage to the use, the adequacy of the plans
for protection, and other technical matters.
(c) Based upon the technical evaluation of the designated engineer or expert, the
Board of Adjustment and Appeals shall determine the specific flood hazard at the
site and evaluate the suitability of the proposed use in relation to the flood hazard.
10.44 Factors Upon Which the Decision of the Board of Adjustment and Appeals Shall
Be Based. In passing on Conditional Use applications, the Board of Adjustment and
Appeals shall consider all relevant factors specified in other sections of this ordinance,
and:
(a) The danger to life and property due to increased flood heights or velocities caused
by encroachments.
(b) The danger that materials may be swept onto other lands or downstream to the
injury of others or they may block bridges, culverts or other hydraulic structures.
(c) The proposed water supply and sanitation systems and the ability of these systems
to prevent disease, contamination, and unsanitary conditions.
(d) The susceptibility of the proposed facility and its contents to flood damage and
the effect of such damage on the individual owner.
(e) The importance of the services provided by the proposed facility to the
community.
(f) The requirements of the facility for a waterfront location.
(g) The availability of alternative locations not subject to flooding for the proposed
use.
(h) The compatibility of the proposed use with existing development and
development anticipated in the foreseeable future.
(i) The relationship of the proposed use to the comprehensive plan and flood plain
management program for the area.
(j) The safety of access to the property in times of flood for ordinary and emergency
vehicles.
(k) The expected heights, velocity, duration, rate of rise, and sediment transport of the
flood waters expected at the site.
(1) Such other factors which are relevant to the purposes of this ordinance.
10.45 Time for Acting on Application. The Board of Adjustment and Appeals shall act
on an application in the manner described above within 120 days from receiving
the application, except that where additional information is required pursuant to
10.44 of this ordinance. The Board of Adjustment and Appeals shall render a
written decision within days from the receipt of such additional information.
10.46 Conditions Attached to Conditional Use Permits. Upon consideration of the
factors listed above and the purpose of this ordinance,the Board of Adjustment
and Appeals shall attach such conditions to the granting of Conditional Use
Permits as it deems necessary to fulfill the purposes of this ordinance. Such
conditions may include,but are not limited to, the following:
(a) Modification of waste treatment and water supply facilities.
(b) Limitations on period of use, occupancy, and operation.
(c) Imposition of operational controls, sureties, and deed restrictions.
(d) Requirements for construction of channel modifications, compensatory storage,
dikes, levees, and other protective measures.
(e) Flood-proofing measures, in accordance with the State Building Code and this
ordinance. The applicant shall submit a plan or document certified by a registered
professional engineer or architect that the flood-proofing measures are consistent
with the Regulatory Flood Protection Elevation and associated flood factors for
the particular area.
SECTION 11.0 NONCONFORMING USES
11.1 A structure or the use of a structure or premises which was lawful before the
passage or amendment of this ordinance but which is not in conformity with the
provisions of this ordinance may be continued subject to the following conditions:
11.11 No such use shall be expanded, changed, enlarged, or altered in a way which
increases its nonconformity.
11.12 Any alteration or addition to a nonconforming structure or nonconforming use
which would result in increasing the flood damage potential of that structure or use shall
be protected to the Regulatory Flood Protection Elevation in accordance with any of the
elevation on fill or flood-proofing techniques(i.e., FP-1 thru FP-4 floodproofing
classifications) allowable in the State Building Code, except as further restricted in 11.13
below.
11.13 The cost of any structural alterations or additions to any nonconforming structure
over the life of the structure shall not exceed 50 percent of the market value of the
structure unless the conditions of this section are satisfied. The cost of all structural
alternations and additions constructed since the adoption of the Community's initial flood
plain controls must be calculated into today's current cost which will include all costs
such as construction materials and a reasonable cost placed on all manpower or labor. If
the current cost of all previous and proposed alterations and additions exceeds 50 percent
of the current market value of the structure, then the structure must meet the standards of
Section 4.0 or 5.0 of this ordinance for new structures depending upon whether the
structure is in the Floodway or Flood Fringe, respectively.
11.14 If any nonconforming use is discontinued for 12 consecutive months, any future
use of the building premises shall conform to this ordinance. The assessor shall notify
the zoning administrator in writing of instances of nonconforming uses which have been
discontinued for a period of 12 months.
11.15 If any nonconforming use or structure is destroyed by any means, including
floods, to an extent of 50 percent or more of its market value at the time of destruction, it
shall not be reconstructed except in conformity with the provisions of this ordinance.
The applicable provisions for establishing new uses or new structures in Sections 4.0 or
5.0 will apply depending upon whether the use or structure is in the Floodway or Flood
Fringe, respectively.
SECTION 12.0 PENALTIES FOR VIOLATION
12.1 Violation of the provisions of this ordinance or failure to comply with any of its
requirements(including violations of conditions and safeguards established in connection
with grants of variances or conditional uses) shall constitute a misdemeanor and shall be
punishable as defined by law.
12.2 Nothing herein contained shall prevent the City of Shakopee from taking such other
lawful action as is necessary to prevent or remedy any violation. Such actions may
include but are not limited to:
12.21 In responding to a suspected ordinance violation, the zoning administrator and
local government may utilize the full array of enforcement actions available to it
including but not limited to prosecution and fines, injunctions, after-the-fact permits,
orders for corrective measures or a request to the National Flood Insurance Program for
denial of flood insurance availability to the guilty party. The community must act in
good faith to enforce these official controls and to correct ordinance violations to the
extent possible so as not to jeopardize its eligibility in the National Flood Insurance
Program.
12.22 When an ordinance violation is either discovered by or brought to the attention of
the zoning administrator, the zoning administrator shall immediately investigate the
situation and document that nature and extent of the violation of the official control. Ass
soon as is reasonably possible, this information will be submitted to the appropriate
Department of Natural Resources and Federal Emergency Management Agency Regional
Office along with the community's plan of action to correct the violation to the degree
possible.
12.23 The zoning administrator shall notify the suspected party of the requirements of
this ordinance and all other official controls and the nature and extent of the suspected
violation of these controls. If the structure and/or use is under construction or
development, the zoning administrator may order the construction or development
immediately halted until a proper permit or approval is granted by the Community. If the
construction or development is already completed, then the zoning administrator may
either(1) issue an order identifying the corrective actions that must be made within a
specified time period to bring the use or structure into compliance with the official
controls, or(2)notify the responsible party to apply for an after-the-fact
permit/development approval within a specified period of time not to exceed 30 days.
12.24 If the responsible party does not appropriately respond to the Zoning
Administrator within the specified period of time, each additional day that lapses shall
constitute an additional violation of this ordinance and shall be prosecuted accordingly.
The zoning administrator shall also upon the lapse of the specified response period notify
the landowner to restore the land to the condition which existed prior to the violation of
this ordinance.
SECTION 13.0 AMENDMENTS
The flood plain designation on the official zoning map shall not be removed from flood
plain areas unless it can be shown that the designation is in error or that the area has been
filled to or above the elevation of the regional flood and is contiguous t lands outside the
flood plain. Special exceptions to this rule may be permitted by the Commissioner of
Natural Resources if he determines that, through other measures, lands are adequately
protected for the intended use.
All amendments to this ordinance, including amendments to the official zoning map,
must be submitted to and approved by the Commissioner of Natural Resources prior to
adoption. Changes in the official zoning map must meet the Federal Emergency
Management Agency's(FEMA) Technical Conditions and criteria and must receive prior
FEMA approval before adoption. The Commissioner of Natural Resources must be
given 10 days written notice of all hearings to consider an amendment to this ordinance
and said notice shall include a draft of the ordinance amendment or technical study under
consideration.
Section 2—That the City Council hereby adopts the following summary for purposes of
publication:
ORDINANCE 567 SUMMARY
Sec. 1 STATUTORY AUTHORIZATION,FINDINGS OF FACT AND
PURPOSE
This section sets forth the statutory authorization, purpose and methods used to analyze
flood hazards.
Sec. 2 GENERAL PROVISIONS
This section establishes the locations of applicable properties and defines terms used in
the floodplain ordinance, as well as any restrictions of the ordinance.
Sec. 3 ESTABLISHMENT OF ZONING DISTRICTS
This section defines the locations of specific flood zoning areas and addresses the
regulations affecting alterations of structures and manufactured homes and travel
vehicles.
Sec. 4 FLOODWAY DISTRICT
This section outlines the uses allowable, either as permitted or conditional uses, in the
floodway district, as well as applicable standards.
Sec. 5 FLOOD FRINGE DISTRICT
This section outlines the uses allowable, either as permitted or conditional uses, in the
flood fringe district, as well as applicable standards.
Sec. 6 RESERVED FOR FUTURE USE
Sec. 7 SUBDIVISIONS
This section discusses the subdivision of property within areas regulated by the
floodplain ordinance and the removal of flood hazard area designations.
Sec. 8 PUBLIC UTILITIES,RAILROADS,ROADS,AND BRIDGES
This section addresses the requirements of utilities, public transportation facilities and on-
site sewage treatment systems in the flood zone area(s).
Sec. 9 MANUFACTURED HOMES AND MANUFACTURED HOME
PARKS AND PLACEMENT OF TRAVEL TRAILORS AND
TRAVEL VEHICLES
This section addresses the regulation of manufactured homes and travel vehicles within
the flood zone area(s).
Sec. 10 ADMINISTRATION
This section establishes the responsibilities of the zoning administrator in administering
the floodplain ordinance.
Sec. 11 NONCONFORMING USES
The section outlines the criteria to be applied to nonconforming uses within the flood
zone area(s).
Sec. 12 PENALTIES FOR VIOLATION
This section establishes the procedure to be followed for violation of the floodplain
ordinance.
Section 3—Effective Date. This ordinance becomes effective from and after its passage
and publication.
Adopted in session of the City Council of the City of Shakopee,
Minnesota held the day of , 2000.
Mayor of the City of Shakopee
ATTEST:
City Clerk
Published in the Shakopee Valley News on the day of , 2000.
4kY
CITY OF SHAKOPEE
Memorandum
TO: Shakopee Planning Commission
FROM: Julie Klima,Planner II
RE: Floodplain Overlay Zone
DATE: January 6, 2000
DISCUSSION
The Minnesota Department of Natural Resources(DNR)has informed the City of
Shakopee that the City's Floodplain Overlay Zone is deficient in several areas. As a part
of that communication,the DNR has also provided a model ordinance for the City's
review as a part of the process of updating the Floodplain regulations.
Staff has attached(Exhibit A) for the Commissions review and comment a copy of the
proposed Floodplain Overlay Zone regulations. The proposed language addresses the
concerns of deficiency identified by the DNR Also attached(Exhibit B)is a copy of the
current regulations.
Section 11.83, Subd. 2 of the City Code states "the City Council may grant a zoning
ordinance amendment when it finds that one or more of the following criteria exist."
Based on these criteria, staff has prepared the following draft findings.
Criteria#1: That the original zoning ordinance is in error.
Finding#1: The original zoning ordinance is in error. The ordinance has not been
updated consistent with changes required by the Minnesota Department
of Natural Resources (DNR). The proposed amendment would bring
the Floodplain regulations into compliance with the requirements of the
Minnesota DNR.
Criteria#2: That significant changes in community goals and policies have taken
place.
Finding#2: Significant changes in community goals and policies have not taken
place.
Criteria #3: That significant changes in City-wide or neighborhood development
patterns have occurred; or
Finding#3: Significant changes in City-wide or neighborhood development patterns
have not occurred
Criteria#4: That the comprehensive plan requires a different provision.
Finding#4: The proposed amendment is not in conflict with the comprehensive
plan.
1
ALTERNATIVES
I. Recommend approval to the City Council of the text amendment,as presented.
2. Recommend approval to the City Council of the text amendment,as revised.
3. Recommend denial to the City Council ofthe text amendment.
4. Continue the public hearing.
5. Table action on this item to allow staff to provide additional information.
STAFF RECOMMENDATION
Staff recommends that the Planning Commission review the proposed text amendment,
provide comments to staff, and continue the public hearing to allow time for staff to
address any concerns/revisions identified by the Commission.
ACTION REOIIESTED
Offer a motion to continue the public hearing to February 3, 2000, and move its approval.
/ • .
Planner II
g;\boaa-pc\1999 fllood.doc
2
--- . --_-_- ----_ _— 413
§11.56
SEC.11.56. 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 priority, 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. The legislature of the State of Minnesota has, in Minnesota Statutes, Chapters 103F and
462, delegated the responsibility to local governmental units to adopt regulations designed to
minimize flood losses. 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 Federal Insurance Administration
dated September 29, 1978 and the flood boundary and floodway map and
insurance rate map dated September 29, 1978, all of which are hereby adopted by
reference.
B. Floodplain Subzones. The floodplain overlay zone is hereby divided into the
floodway area and flood fringe area. Together these comprise the floodplain
overlay 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 Floodway Areas Within the floodway area, no structure or land
shall be used except for one(1) 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.
p.pe revised in MS
1313
§11.56
Subd. 4. Permitted Uses in the Flood Frinae Areas Within the flood fringe area, no structure 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.6 below.
Subd. 5. Conditional Uses in the Floodwav Area. Within the floodway area, no structure or land
shad 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;
B. placement of fill;
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. 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 ten (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 Frinae Areas Within the flood fringe area, no structure or
land shall be used for the following uses except by conditional use permit:
A. storage of materials or equipment below the regulatory flood protection elevation, if,
in time of flooding,the materials or equipment are buoyant.
Subd.7. Additional Requirements.
A. Floodway Permitted Uses. Floodway permitted uses shall meet the following
standards:
1. The use shall have a low flood damage potential;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. All Flood Fringe Uses. Flood fringe permitted uses shall meet the following
standards:
peg*revised in INS
1314
§11.56
1, Elevation on Fill. 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. Flood Proofing. As an alternative to elevation on fill,structures,other than
enclosed buildings intended for human occupancy or habitation, 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 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. Alteratives to Elevation on Fill or Flood Proofing. The lowest floor
above the regulatory flood protection elevation shall be elevated through
the use of stilts, pilings, parallel walls, etc., or through the use of 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 basement or lowest floor if: (1) the enclosed area is above-
grade on at least one (1)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 be met:
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.
pp*noised in1W6
1315
§11.56
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 wails
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 (1) 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.
No dwelling shall have a basement below the regulatory flood protection
elevation. 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.
4. Storage. The storage of any materials or equipment shall be elevated on
fill to the regulatory flood protection elevation,flood proofed,or protected by
structural measures consistent with the purpose of this Section.
5. Access. All new principal structures shall have vehicular access at or
above an elevation not more than two (2) feet below the regulatory flood
protection 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.
6. Business and Industry Uses. Accessory uses to a business use, such as
yards, railroad tracks,and parking facilities, may be at elevations lower 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 (2) feet or be subject
• to flood velocities greater than four(4)feet per second upon the occurrence
of the regional flood.
7. 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.
8. Fill. Fill shall be properly compacted and the slopes shall be properly
protected by the use of rip rap, 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.
pow revised in 1995
- 1316
-- — - - §11.56
9. Hydraulic Capacity. Flood plain developments shall not adversely affect
the hydraulic capacity of the channel and adjoining flood plain orother
any
tributary watercourse or drainage system where a floodway
encroachment limit has not been specified on the zoning map.
C. 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
interruption of these transportation facilities 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, whether public or private, 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.
D. 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.
E. Permit In addition to the usual Building Permit required for new construction, the
Zoning Administrator shall grant a permit prior to the placement of ill, 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.
•
pop mood in 199$ 1317
§11.57
F. 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 flood proofed.
Subd.8. Wamina 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. (Ord.31,October 25, 1979; Ord.246,June 17, 1988; Ord. 337,June 16,
1992;Ord.377,July 7, 1994)
SEC.11.57. Reserved.
(The next page is 1320.)
•
paw revised in1ws
1318
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CITY OF SHAKOPEE r
Memorandum CyC L `,— —.A... ,J Y
k.L
To: Mayor and City Council
Mark McNeill, City Administrator
From: Mark McQuillan, Parks and Recreation Director
Subject: Resolution 5322, City's Participation in Outdoor Recreation Grant Program
Date: February 21, 2000
INTRODUCTION
Council is being asked to approve Resolution No. 5322, a Resolution in support of the City's
participation in the Minnesota Outdoor Recreation Grant Program.
A second request is to direct the Parks and Recreation Advisory Board to conduct a Public Hearing
on proposed improvements for Huber Park at its next meeting,which is March 28, 2000.
BACKGROUND
Staff would like to apply for an Outdoor Recreation Grant for the Huber Park Redevelopment
Project. The purpose of the application is to secure matching funds for a boat launch, an outdoor
theater,play equipment, shoreline fishing area, landscaping and parking.
The Minnesota Outdoor Recreation Grant Program can fund up to 50%(maximum$50,000—
though,the State Legislature may increase the amount to$250,000)of the total project cost. The
remaining 50%"the local share"can consist of local funding,materials, labor and equipment usage
provided by the local sponsor or by local donations or any combination thereof. The deadline for
submitting an Outdoor Recreation Grant is March 31.
ALTERNATIVES
1. Adopt Resolution No. 5322
2. Do not adopt Resolution No.5322
3. Direct the Parks and Recreation Advisory Board to conduct a Public Hearing on the proposed
improvements for Huber Park at its March 28, 2000 meeting.
RECOMMENDATION
Alternatives#1 and#2
ACTION REQUESTED
Move to offer Resolution No. 5322, a Resolution in support of the City's participation in the
Minnesota Outdoor Recreation Grants Program, and move for its adoption.
Move to direct the Parks and Recreation Advisory Board to conduct , Public Hearing on the
proposed improvements for Huber Park
latt its Mar x,28, 00 1- :11.0/ I, ; __
Mar %. McQuil
Director of Natural Resources
RESOLUTION NO. 5322
A Resolution In Support Of The City's Participation In The
Minnesota Outdoor Recreation Grant Program
WHEREAS: it is the desire of the City Council of the City of Shakopee to provide
parks and recreation opportunities that enhance the quality of life and
insure and protect the public safety of Shakopee residents; and
WHEREAS: the City of Shakopee finds it desirous to enhance its riverfront park and
downtown area by redeveloping the landscape and facilities; and
WHEREAS: the City of Shakopee has the legal authority to apply for financial
assistance, and the institutional, managerial, and financial capability to
ensure the proposed park is developed and properly maintained; and
WHEREAS: the City has submitted a grant application in response to the Minnesota
P
Outdoor Recreation Grant Program; and
WHEREAS: the City of Shakopee has not, and will not, violate any Federal, State, or
Local laws pertaining to fraud, kickbacks, bribery, graft, collusion, conflict
of interest or other unlawful or corrupt practice; and
WHEREAS: successful grant applicants are required to fund at least 50% of the total
project cost through local funding mechanisms:
BE IT FURTHER RESOLVED, that the City of Shakopee hereby supports participating
in the Minnesota Outdoor Recreation Grant Program and supports the use of local
matching funds to be applied to at least 50% of the total project cost for the improvements
to Huber Park.
Adopted in session of the City Council of the City of Shakopee,
Minnesota, held this day of
Mayor of the City of Shakopee
ATTEST:
City Clerk
CITY OF SHAKOPEE
Memorandum
To: Mayor and City Council
Mark McNeill, City Administrator
From: Mark McQuillan, Director of Natural Resources
Subject: Southbridge Community Park Master Plan
Date: February 25, 2000
INTRODUCTION
The Parks and Recreation Advisory Board is requesting the City Council to keep the
entire 50 acres of MnDot property in Southbridge as park. Council is also being asked to
approve the use of a park designer to develop a Master Plan for the Community Park
(MnDot Parcel 47) and 12 neighborhood parks in Southbridge.
BACKGROUND
At its January 24, 2000 meeting, the Parks and Recreation Advisory Board went on
record to re-iterate its position they would like the City to keep, in tack, the entire 50 acre
MnDot parcel in Southbridge for park purposes.
The Parks and Recreation Advisory Board also recommended the City hire a park
designer to work with the City in developing a recreation land use plan for the MnDot
property and the neighborhood parks in Southbridge.
If the City Council concurs with the PRAB's recommendation, it should direct staff to
prepare and disseminate Request For Proposals for a Master Plan for Southbridge.
BUDGET IMPACT
The City's Five Year Parks Capital Improvement Program identifies $400,000 in park
improvements for Southbridge parks over four-years starting year 2000. The Park
Reserve Fund is generally used to cover costs for master plans, design and specifications,
materials and construction of park and trail projects.
ALTERNATIVES
1. Direct staff to prepare Request For Proposals for a master Plan for Southbridge Parks.
2. Table for additional information from staff.
3. Do nothing.
RECOMMENDATION
The Parks and Recreation Advisory Board recommend Alternative#1
ACTION REQUESTED
Direct staff to prepare and distribute to park designers Request For Proposals for a Master
Plan for Southbridge parks.
Mark J. McQuill
Director of Natural Resources
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MnDot Parcel 75
OPTION I
MnDot Contribution of 25 acres $0
25.24 acres x $14,431.00 = $362,507.00
Southbridge Parkway Assessments $400,606.45
$763,113.45
Deduct Shakopee Crossings Assessments $147,216.52
$615,896.93
With Road thru Property Add $100,000.00 $100,000.00
OPTION II
MnDot Contribution of 25 acres $0
16 acres x $14,431.00 = $230,896.00
Southbridge Parkway Assessments $400,606.45
$631,150.45
Deduct Shakopee Crossings Assessments $147,216.52
$484,285.93
Road Assessment thru Park $100,000.00 {50%} $ 50,000.00
$534,285.93
Deduct Proceeds from sale of 9 acres
(9 acres x Market Rate $50;000 per acre) $450,000.00
Total Cost $ 84,285.93
Potential Sale of 8.8 acre property to School Dist. $264,000.00
/s. & /
CITY OF SHAKOPEE
Memorandum CONSENT4
TO: Mayor and City Council
Mark McNeill, City Administrator
FROM: Jared Andrews, Planner I
SUBJECT: Initiating the Vacation of Easements in the Killarney Hills Addition
DATE: February 29, 2000
Introduction
The attached Resolution No. 5326 sets a public hearing date to consider the vacation easements
located southwest of County Road 16 and north of State Trunk Highway 169.
Discussion
The City received a petition for the vacation of the easements from Greg McClenahan of Evergreen
Real Estate Dev. Corp. This property has received Conditional Use Permit approval for a daycare
center. The rights-of-way, which were dedicated in the Killarney Hills Addition, were vacated May
41, 1987, but the easements remained. The attached resolution sets a public hearing for March 21st,
2000 to consider the vacation of these easements. On that date, comments from staff members and
utilities, as well as a recommendation from the Planning Commission, will be presented to the City
Council for consideration.
Action Requested
Offer Resolution No. 5326, A Resolution Setting the Public Hearing Date to Consider the Vacation of
drainage and utility easements on parcels as described in Exhibit A, and move its adoption.
Jared Andrews
Planner I
i:lcan mdev\cc\2000\0229\vacevrgcndoc
RESOLUTION NO.5326
A RESOLUTION SETTING THE PUBLIC HEARING DATE TO CONSIDER THE
VACATION OF DRAINAGE AND UTILITY EASEMENTS
WHEREAS, it has been made to appear to the Shakopee City Council that the Drainage and
Utility Easements located on the parcels as described in ExhibitA serve no public use or interest;and
WHEREAS, a public hearing must be held before an action to vacate can be taken and two
weeks published and posted notice thereof must be given.
WHEREAS,two weeks published notice will be given in the SHAKOPEE VALLEY NEWS
and posted notice will be given by posting such notice on the bulletin board on the main floor of the
Scott County Courthouse, the bulletin board at the U.S.Post Office,the bulletin board at the Shakopee
Public Library, and the bulletin board in the Shakopee City Hall.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF SHAKOPEE,MINNESOTA,that a hearing be held in the Council Chambers on the 21st day of
March, 2000, at 7:00 P.M or thereafter, on the matter of vacating the drainage and utility easements
on the parcels as described in Exhibit A,.
Adopted in session of the City Council of the City of Shakopee,Minnesota, held the
day of ,2000.
Mayor of the City of Shakopee
ATTEST:
City Clerk
PREPARED BY:
City of Shakopee
129 South Holmes Street
Shakopee,MN 55379
Z.
Exhibit A
Attachment to Application for Vacation of Easement- Shakopee
Legal Description of Parcels
That part of Tracts A and B described below:
Tract A. That part of Lot 1, Block 1, Killarney Hills and vacated Sharon Parkway, shown
as Parcel 65 on Minnesota Deparrment of Transportation Right of Way Plat
Numbered 70-8 as the same is on file and of record in the office of the County
Recorder in and for Scott County, Minnesota;
Tax ID No: 27-047001-0
Tract B. That part of Lots 2, 3, and 4, Block 1, Killarney Hills and vacated Sharon
Parkway, shown as Parcel 66 on Minnesota Department of Transportation Right
of Way Plat Numbered 70-19 as the same is on file and of record in the office of
the County Recorder in and for Scott County, Minnesota;
Tax ID No: 27-047002-0
Tax ID No: 27-047003-0
Tax ID No: 27-047004-0
which lies northerly of Line 1 described below:
Line 1. Commencing at Right of Way Boundary Corner B2 as shown on said Plat No. 70-
19; thence run southeasterly on an azimuth of 119 degrees 46 minutes 05 seconds
along the boundary of said plat for 232.12 feet to the point of beginning of Line 1
to be described; thence on an azimuth of 255 degrees 20 minutes 45 seconds,
460.42 feet to Right of Way Boundary Corner B709 on said plat and there
terminating.
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CITY OF SHAKOPEE
Memorandum
C NSENT,
TO: Mayor and City Council
Mark McNeill, City Administrator
FROM: Jared Andrews, Planner I
SUBJECT: Initiating the Vacation of a portion of Webster Street Right-of-Way
DATE: February 29, 2000
Introduction
The attached Resolution No. 5327 sets a public hearing date to consider the vacation of Webster Street
between 3rd and 4th Avenue. This portion of Right-of-Way has not been improved.
Discussion
The City received a petition for the vacation of the right of way from Michael Sperr of Shakopee
Services, adjacent to the right-of-way. Staff is in the understanding that they wish to add onto an
existing warehouse and have a driveway access to that portion of the site. The attached resolution sets
a public hearing for March 21st, 2000. On that date, comments from staff members and utilities, as
well as a recommendation from the Planning Commission, will be presented to the City Council for
consideration.
Action Requested
Offer Resolution No. 5327, A Resolution Setting the Public Hearing Date to Consider the Vacation of
a portion of Webster Street, and move its adoption.
Jared Andrews
Planner I
i:\commdevkx\2000\cc0229\vacvuebstecdoc
RESOLUTION NO.5327
A RESOLUTION SETTING THE PUBLIC HEARING DATE TO CONSIDER THE
VACATION OF A PORTION OF WEBSTER STREET RIGHT-OF-WAY IN THE OLD
SHAKOPEE CITY PLAT
WHEREAS, it has been made to appear to the Shakopee City Council that the portion of
Webster Street, Old Shakopee Plat, City of Shakopee, County of Scott, State of 1Viinnesota, serves no
public use or interest;and
WHEREAS, a public hearing must be held before an action to vacate can be taken and two
weeks published and posted notice thereof must be given.
WHEREAS, two weeks published notice will be given in the SHAKOPEE VALLEY NEWS
and posted notice will be given by posting such notice on the bulletin board on the main floor of the
Scott County Courthouse, the bulletin board at the U.S.Post Office,the bulletin board at the Shakopee
Public Library,and the bulletin board in the Shakopee City Hall.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF SHAKOPEE,MINNESOTA,that a hearing be held in the Council Chambers on the 21st day of
March, 2000, at 7:00 P.M. or thereafter, on the matter of vacating the portion of Webster Street which
is north of 4th Avenue and South of 3'i Avenue Old Shakopee Plat, City of Shakopee, County of Scott,
State of Minnesota.
Adopted in session of the City Council of the City of Shakopee,Minnesota,held the
day of ,2000.
Mayor of the City of Shakopee
ATTEST:
City Clerk
PREPARED BY:
City of Shakopee
129 South Holmes Street
Shakopee,MN 55379
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Proposed Vacation of Right-of-Way
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Zoning Boundaries
02/29/00
/S. C. 1.
CITY OF SHAKOPEE
Memorandum
TO: Mayor& City Council
Mark McNeill, City Administrator
FROM: Bruce Loney, Public Works Director
SUBJECT: Vierling Drive, from CSAH 17 to Miller Street
Project No. 1999-5 and CSAH 17, from T.H. 169 to
St. Francis Avenue, Project No. 1999-7
DATE: February 29, 2000
INTRODUCTION:
Attached are Resolution No.'s 5320 and 5321, which approves the plans and
specifications and authorizes staff to advertise for bids for Project No. 1999-5 for the
improvement of Vierling Drive, from County State Aid Highway (CSAH) 17 to Miller
Street; and for improvements to County State Aid Highway (CSAH) 17, from Trunk
Highway(T.H.) 169 to St. Francis Avenue, Project No. 1999-7.
BACKGROUND:
On June 15, 1999, Resolution No. 5162 was adopted and ordered the preparation of plans
and specifications for Vierling Drive improvements, from CSAH 17 to Miller Street. The
plans have been prepared by WSB & Associates, Inc. for the widening of Vierling Drive
to accommodate commercial traffic in this area.
The improvement for Vierling Drive was initiated by the City council based upon the plat
of Vierling Plaza and proposed K-Mart development. Vierling Drive is a designated
major arterial on the City's Comprehensive Plan and Transportation Plan and is currently
improved to a four lane undivided urban roadway.
The widening of Vierling Drive including turn lanes, concrete median and bituminous
trail/concrete sidewalk construction is for traffic control purposes for the commercial
traffic adjacent to and nearby Vierling Drive. The City is participating in the cost of the
bituminous overlay and lowering of a gas main for the right turn lane on Vierling Drive
to the first site entrance of Vierling Plaza.
The traffic control signal at Vierling Drive and Marschall Road was installed in 1998.
Vierling Drive widening improvements, east of CSAH 17, were deferred until there was
more commercial development. The assessments for the widening of the roadway for
turn lanes and concrete median are to be assessed 100% to the benefiting properties in
commercial zoned areas, as per the City's Assessment Policy.
The plans include turn lanes, concrete medians on Vierling Drive with a right turn lane on
northbound CSAH 17.
On July 20, 1999 City Council adopted Resolution No. 5196 approving the plans and
specifications and ordering an advertisement for bids for this project. Bids were received
on August 16, 1999 and rejected by City Council as the low bid received was
significantly higher than estimated.
Some revisions have occurred since the "Big K" development has done utility work and
street connections to Vierling Drive. The plans have been revised and will be included
with the CSAH 17 improvement project in order to achieve lower bid prices from volume
pricing.
For the CSAH 17 improvement project, Resolution No. 5217 was adopted by the City
Council on September 7, 1999 and was for improving CSAH 17 from T.H. 169 to St.
Francis Avenue.
The proposed improvements are for widening of CSAH 17 to a four lane divided
roadway, with dual left turn lanes at CSAH 17 and 17th Avenue intersection with a traffic
control signal at that intersection. These improvements were based on a traffic study
done by WSB & Associates, Inc. for the CSAH 17 corridor, from Vierling Drive to St.
Francis Avenue.
The design has been completed by WSB & Associates, Inc. and an informational meeting
with affected property owners is scheduled for Monday, February 28th. Initially, the
preliminary design contemplated a widening of the existing roadway to accommodate the
additional turn lanes. More detail design and the desire of not taking any right-of-way
from residents adjacent to CSAH 17 requires a reconstruction design of CSAH 17.
The design has met verbal approval from Scott County and preliminary estimates indicate
the cost is about the same as the feasibility report estimate or slightly higher. By not
needing to obtain the right-of-way, the project can be built this year. If right-of-way
acquisition is necessary, it could delay the project until next year. Staff believes the
reconstruction design of CSAH 17 is the better design as the roadway matches into
existing residential properties better and will meet the schedule of developing commercial
properties.
Another design element is being included from the feasibility report which is the
construction of a right turn lane to the Betaseed property. Betaseed has requested this
improvement and will sign a waiver of assessment rights for the City to install and assess
the cost. Also, Betaseed will agree to close their two existing driveway accesses to
CSAH 17 once the new driveway is constructed. If the assessment waiver is not signed,
the right turn lane into this site will not be included in the plans.
The next step for these projects is to approve plans and advertise for bid. Staff would like
to point out that this time of year is usually when the best bids are received.
ALTERNATIVES:
1. Adopt Resolution No.'s 5320 and 5321.
2. Deny Resolution No.'s 5320 and 5321.
3. Table for additional information.
RECOMMENDATION:
Staff recommends Alternative No. 1, to approve plans and specifications in order to
proceed with these projects so as to construct the improvements this year.
ACTION REQUESTED:
Offer Resolution No. 5320, A Resolution Approving Plans and Specifications and
Ordering Advertisement for Bids for Vierling Drive, from County State Aid Highway 17
to Miller Street, Project No. 1999-5; and Resolution No. 5321, A Resolution Approving
Plans and Specifications and Ordering Advertisement for Bids for County State Aid
Highway 17, from Trunk Highway 169 to St. Francis Avenue, Project No. 1999-7 and
move its adoption.
4ceLon7Public Works Dor
BL/pmp
MEM5320
RESOLUTION NO. 5320
A Resolution Approving Plans And Specifications
And Ordering Advertisement For Bids
For Vierling Drive, From County State Aid Highway 17
To Miller Street
Project No. 1999-5
WHEREAS, pursuant to Resolution No. 5162 adopted by City Council on June 15, 1999,
Bruce Loney, Public Works Director has prepared plans and specifications for Vierling Drive, from
County State Aid Highway 17 (Marschall Road) to Miller Street by street widening, bituminous
paving, concrete medians, concrete curb & gutter, watermain, storm sewer, street lighting,
sidewalk, bituminous trail and any appurtenant work as described in the feasibility report and has
presented such plans and specifications to the Council for approval.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF SHAKOPEE,MINNESOTA:
1. Such plans and specifications, a copy of which is on file and of record in the Office
of the City Engineer, are hereby approved.
2. The City Clerk shall prepare and cause to be inserted in the official paper and in the
Construction Bulletin an advertisement for bids upon the making of such improvement under such
approved plans and specifications. The Advertisement for Bids shall be published as required by
law.
Adopted in session of the City Council of the City of Shakopee, Minnesota,
held this day of , 2000.
Mayor of the City of Shakopee
ATTEST:
City Clerk
RESOLUTION NO. 5321
A Resolution Approving Plans And Specifications
And Ordering Advertisement For Bids
For County State Aid Highway 17 (Marschall Road),
From Trunk Highway 169 To St. Francis Avenue
Project No. 1999-7
WHEREAS, pursuant to Resolution No. 5217 adopted by City Council on September 7,
1999, Bruce Loney, Public Works Director has prepared plans and specifications for the
construction of sanitary sewer, watermain, storm sewer, street widening, turn lanes, concrete
median, concrete curb & gutter, concrete sidewalk, bituminous trail, street lighting and any
appurtenant work as described in the feasibility report and has presented such plans and
specifications to the Council for approval.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF SHAKOPEE,MINNESOTA:
1. Such plans and specifications, a copy of which is on file and of record in the Office
of the City Engineer, are hereby approved.
2. The City Clerk shall prepare and cause to be inserted in the official paper and in the
Construction Bulletin an advertisement for bids upon the making of such improvement under such
approved plans and specifications. The Advertisement for Bids shall be published as required by
law.
Adopted in session of the City Council of the City of Shakopee, Minnesota,
held this day of , 2000.
Mayor of the City of Shakopee
ATTEST:
City Clerk
LT. 0. 1 .
CITY OF SHAKOPEE _
Memorandum
To: Honorable Mayor, City Council
Mark McNeill, City Administrator
From: Dan Hughes, Chief of Police / /01
Date: February 16, 2000
Subject: New Photocopier Lease Agreement Amendment
Introduction
The Police Department is seeking authorization to amend the 3-year lease agreement with
IKON Company for a digital photocopier machine.
Background
The City Council authorized the appropriate City Staff to enter into a photocopier lease
agreement with IKON Company for a Minolta Di350 copier at $472.50 per month for 36
months at their February 1, 2000 meeting. The dollar amount of lease was based upon
the quote information provided to Deputy Chief Poole by the vendor. The final lease
agreement was drafted by IKON and the final dollar amount stated in the lease is $489.00
per month for 36 months, a $16.50 per month difference.
The Deputy Chief contacted the vendor and it was determined that he had misunderstood
the original quote. The difference in the monthly payments is a result of locking the
excess copy fee at fixed rate for the entire 36 months. Based on the Police Department's
history of copy overages it is quite reasonable to believe we will go over our monthly
allotment of excess copies during the next 36 months. The locking of this fee could lead
to considerable savings in copier costs to the City.
Budget Impact
The 2000 Police Department Budget includes funds to replace our existing photocopier
with the amendment to the lease agreement.
Action Requested
If Council concurs, they should, by motion, authorize the amendment of the three-year
lease agreement with IKON Company for a Minolta Di350 copier at $489.00 per month
for 36 months.
CONSENT
/s. fl /.
CITY OF SHAKOPEE
Memorandum
TO: Mayor and City Council
Mark McNeill, City Administrator
FROM: Judith S. Cox, City Clerk
SUBJECT: Kmart Tobacco License
DATE: February 23, 2000
INTRODUCTION AND BACKGROUND:
The City has received a request from the Kmart Store asking that
their tobacco license be transferred from the 1200 Shakopee Town
Square location to their new location at 1698 Vierling Drive East.
They have discontinued selling tobacco at the current location and
will not resume selling at the Vierling Drive location until they
open in early March.
The City Code requires approval by the City Council prior to the
transfer of a license to a different location.
RECOMMENDED ACTION:
Move to approve the transfer of a Tobacco License for Kmart 9638 at
1200 Shakopee Town Square to Kmart 9386 at 1698 Vierling Drive
East.
CITY OF SHAKOPEE
Memorandum C(�^ "
�'�'7.' "
TO: Mayor and City Council
Mark McNeill, City Administrator
FROM: Judith S. Cox, City Clerk
SUBJECT: On-Sale and Sunday Liquor Licenses - TL Foods, LLC
DATE: February 23, 2000
INTRODUCTION:
City Council is asked to table the applications from TL Foods, LLC
for on-sale and Sunday on-sale liquor licenses.
BACKGROUND:
The City has received applications from TL Foods, LLC for on-sale
and Sunday on-sale liquor licenses for 1128 Vierling Drive East.
TL Foods is acquiring the Brew Station Brewery located in
Crossroads Center.
The applications are not in order at this time. Also, it is
anticipated that the background investigation will be completed for
the March 21, 2000, City Council meeting.
RECOMMENDATION:
Since the applications were advertised for Council consideration on
February 29, 2000, it would be appropriate that they be tabled at
this time.
RECOMMENDED ACTION:
Move to table the on-sale and Sunday on-sale intoxicating liquor
license applications from TL Foods, LLC, 1128 Vierling Drive East,
until March 21, 2000.
CITY OF SHAKOPEE - ' •
Memorandum
TO: Mayor and City Council act Ti
Mark McNeill, City Administrator
FROM: Judith S. Cox, City Clerk
SUBJECT: Temporary Liquor Licenses - Church of St. Mary
DATE: February 24, 2000
INTRODUCTION AND BACKGROUND:
The Church of St. Mary has made applications for temporary on-sale intoxicating liquor licenses
for their Irish Dinner on March 12, 2000 and for their Feast and Fun Festival on June 25, 2000.
I have been in contact with the Chief of Police regarding these applications. These events are
something that have been going on for a number of years. There is no problem with these
activities.
Their applications and insurance certificates are in order.
RECOMMENDED ACTION:
Move to approve the applications and grant temporary on-sale liquor licenses to the Church of St.
Mary, 535 South Lewis Street, for March 12, 2000 and June 25, 2000.
ni.01.44.-1, J .
i\Jeanette\I iquor\stmary
s. r-, y.
CITY OF SHAKOPEE
Memorandum
TO: Mayor and Council
Mark McNeill, City Administrator
FROM: Gregg Voxland, Finance Director
SUBJ: Employee Insurance Pool
DATE : February 22, 2000 •
Introduction & Background
The City participates in the South West/West Central Service
Cooperative (SWWC) for the acquisition of employee group
insurance coverage' s . SWWC has updated its Joint Powers
agreement and the City needs to approve the revised
agreement . There are no substantive changes to the purpose
or processes of the agreement .
A copy of the agreement is available for anyone to review.
Action Requested
Move to authorize the proper city officials to executive a
revised Joint Powers Agreement for the South West/West
Central Service Cooperative .
,c1 V0/44
Gregg Voxland
Finance Director
C:\gregg\memo\
Southwest/West Central 1420 East College Drive
Service Cooperatives - Marshall, MN 56258
Phone: (507) 537-6800 V/TTY
Fax: (507) 537-7327
Since RECEIVED
1965 ...Sau<css9 dclaald, caws uaKcteed, cued atlas age-oat-4
FEB 2000
(Try y Of cHAKOPFF
February 1 , 2000
SW/WC Service Cooperatives
Insurance Pool Membership
Dear Member:
• The Southwest/ West Central Service Cooperatives (SW/WC SC) hosts
group insurance pooling programs for school districts and cities, counties
and other governmental units. Your organization is a member of one of
these pools.
Each governmental unit joining a group insurance pool sponsored by the
SW/WC SC must enter into a joint powers agreement which outlines the
purposes of the pool and the rights and responsibilities of the parties
involved.
The original joint powers document has recently undergone extensive
revisions for purposes of complying with federal and state legal
requirements and clarifying provisions of the document. I believe that
you will find the revised joint powers agreement enclosed with this letter
to be easier to read and understand than the agreement currently on file.
This letter requests that you review the enclosed revised joint powers
agreement, sign two copies of the agreement, and return both copies to
our office prior to March 15, 2000. After signatures from the SW/WC SC
Board of Directors have been placed on the document,-one copy will be
returned to you for your files.
If you have any questions about the updated joint powers agreement or
other insurance programs you can contact Marilyn Johnson at the
Appletree Institute, administrator of insurance programs for the SW/WC _
SC (507-537-7008) or call me at (507-537-2248).
Since ;01e
//
( /th/V
- 1 •
ee arne
Executive Director
SW/WC Service Cooperatives are an Equal Opportunity.Employer
/5": i=. s
CITY OF SHAKOPEE
Memorandum CONSENT
TO: Mayor and Council
Mark McNeill, City Administrator
From: Gregg Voxland, Finance Director
RE: Resolution No. 53�4 Bank Transfers
DATE: February 22, 2000
Introduction & Background
As a result of hiring Jason Bullard, the list of authorized signatures at
Marquette Bank needs to be updated. This is a housekeeping type issue and does
not change any procedures currently in effect.
Action Requested
Move to offer Resolution No. 5324 A Resolution Authorizing Bank Transfers, and
move its adoption.
Gregg Voxland
Finance Director
n:\cash\city\marqtran.doc
RESOLUTION NO. 5324
A RESOLUTION AMENDING RESOLUTION NO. 4179 AUTHORIZING BANK TRANSFERS
WHEREAS, the city has a formal fund transfer agreement with Marquette Bank
N.A. which the city utilizes as a depository and,
WHEREAS, the City finds it necessary to change the authorized personal on
that agreement,
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
SHAKOPEE, MINNESOTA, that Resolution No. 4197 authorizing wire transfers is
hereby amended to update the personnel so that any two of the persons named
below are authorized to initiate written payment orders or request changes
pertaining to the wire Transfer Agreement, including changes in security codes,
telephone notification, transaction limits, call-back parties and repeat codes.
Name Title Signature
Mark McNeill City Administrator
Judith S. Cox City Clerk
Gregg M. Voxland Finance Director
Jason Bullard Ass't Finance Dir.
The authority conferred herein shall continue in full force and effect
until written notice of its revocation shall be received by the Bank.
Adopted in session of the City Council of the City of Shakopee,
Minnesota, held this 29th day of February, 2000.
Mayor of the City of Shakopee
ATTEST:
City Clerk
CERTIFICATE
I, Judith S. Cox, do hereby certify to Marquette Bank, N.A. (the "Bank")
that I am the duly appointed and qualified City Clerk of the City of Shakopee
(the "City") , further certify that:
Approval of Wire Transfer Agreement
The following resolution was duly adopted by the City Council of the
City, has not been modified or amended and remain in full force and effect as
on the date hereof, and that the signature following each name listed below is
the genuine signature of the person named.
Resolved, that Resolution No. 4197 authorizing wire transfers is
hereby amended to update the personnel so that any two of the persons
named below are authorized to initiate written payment orders or request
changes pertaining to the Wire Transfer Agreement, including changes in
security codes, telephone notification, transaction limits, call-back
parties and repeat codes.
Name Title Signature
Mark McNeill City Administrator
Judith S. Cox City Clerk
Gregg M. Voxland Finance Director
Jason Bullard Ass't Finance Dir.
The authority conferred herein shall continue in full force and effect until
written notice of its revocation shall be received by said Bank.
Witness my hand and the seal of the City of Shakopee this day of
March, 2000.
(signature)
(title)
(attest)
CITY OF SHAKOPEE
Memorandum
TO: Mayor and City Council
FROM: Mark McNeill, City Administrator
SUBJECT: Electric Franchise Fee Update
DATE: February 24, 2000
INTRODUCTION:
At the February 15th City Council meeting, action was deferred which would have
provided for an electric franchise fee for Northern States Power and Minnesota Valley
Electric. No action is being proposed at this time;this memo is to provide an update on
what has transpired since that meeting.
BACKGROUND:
In 1999, Shakopee Public Utilities acted upon a recommendation by a rate consultant,
and established a budget which provides for funding in the equivalent of$.0033 per
kilowatt hour(kwh)to be transferred to the City of Shakopee. This is in lieu of a transfer
of a dollar amount which changed on a year to year basis.
One of the reasons for the SPUC Commission making this change was to establish a set
amount for budgeting purposes. However, in an era of electric deregulation, SPUC is at a
competitive disadvantage, in that the other two suppliers of electric power in the City—
Minnesota Valley Electric Cooperative (MVEC) and Northern States Power(NSP) do not
currently collect and transfer money to the City.
DISCUSSION:
Minnesota Valley Electric Cooperative—MVEC is an electric cooperative, and therefore,
no franchise is required to be in place with the City in order for them to provide service.
The City can impose a franchise fee by means of an ordinance, if it so desires.
Minnesota Valley Electric Cooperative President Roger Geckler responds that MVEC is
very open to working with the City,but does not wish to be singled out in terms of a
franchise fee. While he is aware that SPUC customers are currently paying the
equivalent of a franchise fee, MVEC's preference is that any franchise fee would be part
of a comprehensive franchise agreement. This means that MVEC is willing to negotiate
a franchise agreement, which would establish the terms and conditions by which a utility
would operate within the City.
Northern States Power—NSP,because it is an investor owned utility, it is required by
State law to have a franchise agreement in place for any franchise fee to be collectible.
However,NSP's franchise with the City expired in the early 1990's, and efforts to get
renewal negotiations underway have met with no response from NSP. The City cannot
technically impose the franchise fee until after the franchise is in place. Attorney James
Strommen of Kennedy& Graven has been in contact with NSP, and has indicated to NSP
that the City intents to adopt its franchise and franchise fee with NSP at the April 4th
meeting (staff sent this notice to NSP, so as to give them approximately 45 days in which
to voluntarily consent to a franchise negotiation.)
The franchise consent timeline is 60 days after the date of adoption,after which the City
can seek enforcement in court. The fee ordinance is dependent on the existence of a
franchise, and NSP's collection, so it requires approval to be effective.
With NSP and MVEC's consent,the franchise fee could be implemented as early as May.
That would require,however,that NSP both consent to and begin the practice of
preparing administratively to collect the fee,after both the franchise and fee are adopted.
However,realistically that could not be placed on customer bills earlier than May.
If NSP does not consent,the City could pursue legal action on June 4,2000. It would be
declaratory judgment action in Scott County District Court. Without settlement,the
process could take months.
The attorney is sending Minnesota Valley a proposed franchise and fee with the April 4th
adoption time frame.
The Council is reminded that the franchise fee will be a charge which is passed through
to MVEC and NSP customers. On the other hand,by virtue of the fact that the majority
of Shakopee residents—SPUC customers—are now currently paying the equivalent of
$.0033 per kwh,NSP and MVEC customers should not be with the advantage of not
having to pay the franchise tax.
ACTION REQUIRED:
This item is informational; no action is required at this time.
44---t4dJJA31-P
Mark McNeill
City Administrator
MM:tw
ls. F.
CITY OF SHAKOPEE
Memorandum
TO: Mayor and City Council
FROM: Mark McNeill, City Administrator
SUBJECT: Workshop Meeting—Murphy's Landing
DATE: February 25, 2000
INTRODUCTION:
The Council is asked to establish a workshop meeting with the Murphy's Landing Board
of Directors.
BACKGROUND:
At its meeting of February 24th,the Murphy's Landing Board of Directors discussed
again the status of the continuing negotiations with the Outdoor Heritage Education
Center(OHEC) and the proposal to construct a museum/education center on
approximately 2 '/2 acres of land currently controlled by Murphy's Landing through their
lease from the City.
There appears to be an uncertainty on the part of at least some members of the City
Council as to whether it is a good idea to allow a third party to construct a building on
City land, for the term of a 50 year lease.
Murphy's Landing Boardmember and City Councilmember Clete Link suggested that a
workshop meeting between the City Council and Murphy's Landing Board of Directors
be scheduled to discuss this issue, and other business as may be appropriate.
Attached is a copy of the March calendar, showing the meeting dates as currently
established.
RECOMMENDATION:
I recommend that a workshop meeting date be established for Tuesday, March 28th, at
5:00 PM in the City Council Chambers.
ACTION REQUIRED:
If the Council wishes to have a joint meeting with the Murphy's Landing Board of
Directors, it should, by motion, establish a meeting time at 5:00 PM, Tuesday, March 28,
2000, or at such other time as it so desires.
r\).4\I\QC\kijI°4
Mark McNeill
City Administrator
MM:tw
CC: Dennis Kelly
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CITY OF SHAKOPEE
Memorandum
TO: Mayor and City Council
FROM: Mark McNeill, City Administrator
SUBJECT: Condemnation Proceedings—Eugene Hauer Property
DATE: February 29, 2000
INTRODUCTION:
The Council is asked to take action which would commence condemnation proceedings
to acquire 10 acres of land from Eugene Hauer, for public park purposes.
BACKGROUND:
Previously,the City Council has authorized staff to first obtain, and then offer the results
of an appraisal to Gene Hauer for the purchase of 10 acres of property adjacent to Sun
Path School,which will ultimately be consolidated with additional acreage which will be
part of park dedication from the Ames Development.
The appraised value was $37,500 per acre. This was relayed to owner Gene Hauer,who
on Friday, February 25th,verbally rejected that offer. He noted that he has already an
offer to purchase that same land as part of a larger package, at$52,000 per acre.
If the City is going to acquire this,the next step would be through the process of eminent
domain. Mr. Hauer is comfortable with that, as he states that the results will provide him
with additional time with which to invest the proceeds. Because this is not a"quick take"
action,there would no obligation on the part of the City to proceed with this, if the
condemnation panel would establish a price that was above the amount for which the City
was willing to pay. However, costs for an appraisal and any attorney fees incurred by
Mr. Hauer would need to be reimbursed by the City.
The City Attorney has provided the attached resolution,which finds a pubic purpose in
this taking, and authorizes the process to begin.
That finding should be made by resolution.
BUDGET IMPACT:
The current CIP and Budget for FY 2000 for this project shows $500,000 as coming from
the Park Reserve Fund for land acquisition at this location.
RECOMMENDATION:
If the Council wishes to proceed with condemnation to acquire this 10 acres, it should
adopt the attached resolution.
ACTION REQUIRED:
If the Council concurs, it should, by motion, adopt the following resolution:
RESOLUTION NO. 5319
RESOLUTION AUTHORIZING ACQUISITION OF PROPERTY BY
EMINENT DOMAIN FOR PARK PURPOSES
rlV"cIl
Mark McNeill
City Administrator
MM:tw
JSF ?.
CITY OF SHAKOPEE
RESOLUTION NO. 5 S$
RESOLUTION AUTHORIZING ACQUISITION OF PROPERTY BY
EMINENT DOMAIN FOR PARK PURPOSES
WHEREAS,the City of Shakopee is a municipal corporation organized and operating under
Minnesota law, and is authorized by Minnesota Statutes Sections 412.211 and 465.01 to acquire
private property for an authorized public purpose, using the procedure prescribed by Minnesota
Statutes,Chapter 117; and
WHEREAS, the City is authorized by Minnesota Statutes Sections 412.221, subdivision 6
and 412.491 to establish public parks and recreational facilities; and
WHEREAS, the City Council finds that its citizens desire that the City provide additional
open space, parks and recreational facilities to meet the demands of its citizens for leisure activities;
and
WHEREAS, the acquisition, construction, operation, and maintenance of public parks, open
spaces, playgrounds and recreational facilities and improvements are necessary and convenient for
the promotion of the public health and welfare of the City's residents; and
WHEREAS, the City has identified the need to acquire fee simple title to a portion (the
"Property") of a larger tract of land,legally described on the attached Exhibit A; and
WHEREAS, the City staff has been unable to obtain a negotiated agreement with the owner
of the Property.
NOW,THEREFORE, BE IT RESOLVED by the City Council of the City of Shakopee:
1. The City Council makes the following findings:
a. The construction of the new Highway 169 has triggered significant
residential development within the City, which in turn has created a demand
for additional park and recreational facilities.
b. The City has a particular need for youth soccer facilities, due to a growth in
population and a growth in the popularity of youth soccer.
c. The City currently has no youth soccer facilities available at any of its
community parks in the City.
d. The City Council prefers that its park facilities be located in close proximity
to public school facilities, in order to maximize efficient use of public park
facilities by the schools and the general public.
CAH 176830v1
SH 155-23
e. The City's comprehensive plan and its current capital improvement plan
both identify the need for an additional public park to be located south of
Highway 169. The capital improvement plan calls for the land to be
assembled in the year 2000, with construction of park facilities to be
completed by 2003.
f. The City's Parks and Recreation Advisory Board has recommended that the
City acquire a total of approximately 30 acres adjacent to Sun Path
elementary school.
g. The proposed 30-acre park facility includes a 10-acre tract of real estate (the
"Property"), legally described on the attached Exhibit A, which is part of a
larger 38.6 acre tract located immediately east of Sun Path elementary
school.
h. The proposed 30-acre park, when assembled and developed, will be a
community park improved for the following uses: playground, baseball ,
youth soccer, and general recreational use. The park is expected to serve
residents from across the entire community and not only those within the
immediate neighborhood of the park.
i. The Property's close proximity to Sun Path elementary school and to land
already dedicated to the City for park use makes it particularly suitable and
convenient for inclusion within the proposed community park.
j. The Property is in private ownership and use. There is no existing public use
of the Property, with the exception of a utility easement.
2. The City Council determines that it is necessary, convenient and reasonable to
acquire the Property for public park purposes. The City Council further determines that it is in the
public interest to authorize and direct the acquisition of the Property for the establishment of a
public park and related facilities.
3. The City Attorney is authorized and directed on behalf of the City to acquire fee
simple title to the Property described on Exhibit A by the exercise of the power of eminent domain
pursuant to Minn. Stat. Chapter 117. The City Attorney further is authorized to take all actions
necessary and desirable to carry out the purposes of this resolution.
Dated: February 29, 2000.
Jon Brekke,Mayor
A"l!MST:
Judy Cox,City Clerk
CAH 176830v 1
SH155-23
EXHIBIT A
Legal Description of Subject Property:
The Northwest 1/4 of the Northeast 1/4 of Section 17, Township 115, Range 22, Scott County,
Minnesota
Legal Description of Portion to be Acquired:
The South 660 feet of the West 660 feet of the Northwest 1/4 of the Northeast 1/4 of Section 17,
Township 115,Range 22,Scott County, Minnesota
Interest to be Acquired:
Fee simple absolute title,subject only to existing easements for street and utility purposes,if any.
CAH176830v1
SH I55-23
CITY OF SHAKOPEE
Memorandum
TO: Mayor and City Council
FROM: Mark McNeill, City Administrator
SUBJECT: Annexation Directive Reconsideration
DATE: February 29,2000
INTRODUCTION:
The Council is asked to consider an action to reverse a previous motion, directing City
staff to acquire the farmstead owned by L.D. White, located across former T.H. 300, from
Shakopee Town Square Mall.
BACKGROUND:
On January 25th,the Shakopee City Council held a meeting to discuss potential
annexation issues with Jackson Township.
One of the actions that came from that meeting was a directive by the Council to have
staff proceed to annex by ordinance the farm owned by L.D. White,which is across
former T.H. 300 from Shakopee Town Square Mall. It is bounded on the south and east
by City property, and on the north by County Road 69. The parcel is approximately 3
acres in size.
One of the reasons for annexing the parcel had been to facilitate State funding
participation in the realignment of the intersection of T.H. 300, and County Road 69.
However, as determined later,the annexation of that portion of the roadway was
completed in 1998, following a 2 %2 year legal process.
Therefore,the remaining reason to annex the property would be to facilitate zoning to be
consistent with adjacent properties.
In view of this,Mayor Brekke has asked that the City Council reconsider its previous
directive to staff to annex this, and instead provide for annexation of this property as part
of the overall annexation plan to be negotiated with Jackson Township.
RECOMMENDATION:
It is up to Council as to whether it wishes to reverse its previous directive. One of the
previous reasons to annex,that of annexing the necessary right of way to facilitate
intersection reconstruction is now not an issue.
ACTION REQUIRED:
If the Council wishes to reverse its previous directive, it should,by motion, direct staff
not to acquire the property owned by L.D. White at this time,but instead,to incorporate
the annexation of this property into the overall annexation plan to be negotiated with
Jackson Township.
Mark McNeill
City Administrator
MM:tw
( 5. FJ0.
CONSENT
CITY OF SHAKOPEE
Memorandum
TO: Mayor and City Council
FROM: Mark McNeill, City Administrator
SUBJECT: Fuller Street Railroad Crossing- Closure
DATE: February 29, 2000
INTRODUCTION:
The Council is asked to authorize Union Pacific to close Fuller Street at the railroad
intersection,to allow for repairs on Thursday, March 2nd.
BACKGROUND:
On Monday,the Police Chief was contacted by Union Pacific Railroad. The Railroad has
a need to replace a rail at the Fuller Street crossing. To do this,they need to close the
crossing from 8:00 AM to 4:00 PM on Thursday, March 2"a.
Our experience is that the actual closure usually takes much less time than this; however,
they are asking for the full eight hours in order to assure flexibility to get the work done.
RECOMMENDATION:
We recommend that the Union Pacific Railroad be authorized to close Fuller Street from
8:00 AM until 4:00 PM on Thursday,March 2"a
ACTION REQUIRED:
If the Council concurs, it should,by motion, authorize the Union Pacific Railroad to close
the Fuller Street crossing on Thursday, March 2nd, from 8:00 AM to 4:00 PM.
VIANAdati
Mark McNeill
City Administrator
MM:tw