Agenda 2017 10 17 Meeting

Shakopee City Council
October 17, 2017

7:00 PM
City Hall 485 Gorman St.
Shakopee Mission Statement

The Mission of the City of Shakopee is to provide the opportunity to live, work and play in a community
with a proud past, promising future, and small town atmosphere within a metropolitan setting.
A. Keep Shakopee a safe and healthy community where residents can pursue active and quality lifestyles.
B. Positively manage the challenges and opportunities presented by growth, development and change.
C. Maintain the City's strong financial health.
D. Maintain, improve and create strong partnerships with other public and private sector entities.
E. Deliver effective and efficient public services by a staff of well-trained, caring and professional employees.
F. Housekeeping item.
Mayor Bill Mars presiding

1. Roll Call
2. Pledge of Allegiance
3. Special Presentation - Rahr Donation to Fire Department
4. Approval of Agenda
5. Consent Business - (All items listed in this section are anticipated to be routine. After
a discussion by the Mayor there will be an opportunity for members of the Council to
remove any items from the consent agenda for individual discussion. Those items
removed will be considered following the Public hearing portion of the agenda. Items
remaining on the Consent Agenda will not be discussed and will be approved in one
motion.)
A. Administration
*5. A.1. *Scheduled Replacement of Data Center Servers and Storage
*5. A.2. *City Council Minutes
B. Planning and Development
*5. B.1. *Review of the Conditional Use Permit and Mineral Extraction and Land
Rehabilitation Permit for Shakopee Gravel
*5. B.2. *Rezoning of Property from Agricultural Preservation (AG) Zone to Urban
Residential (R-1B) Zone
C. Public Works and Engineering
*5. C.1. *Update City Code Section 54, Water Resources Management
*5. C.2. *Declare a Cost to be Assessed and Establish a Public Hearing for the
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2017 Street Reconstruction
*5. C.3. *Award Contract for the Vierling Drive Utility Extension Phase 1 Project
*5. C.4. *Amendment to WSB & Associates, Inc., Agreement for the Vierling Drive
Extension
*5. C.5. *Cooperative Construction Agreement and Limited Use Permit with the
Minnesota Department of Transportation
*5. C.6. *Local Road Improvement Program Grant Applications
6. RECOGNITION OF INVOLVED CITIZENS BY CITY COUNCIL - Provides an
opportunity for the public to address the Council on items which are not on the agenda.
Comments should not be more than five minutes in length. The Mayor may adjust that
time limit based upon the number of persons seeking to comment. This comment
period may not be used to make personal attacks, to air personality grievances, to
make political endorsements or for political campaign purposes. Council Members will
not enter into a dialogue with citizens, and questions from Council will be for
clarification only. This period will not be used to problem solve issues or to react to
the comments made, but rather for informational purposes only.
7. Business removed from consent will be discussed at this time
8. Public Hearings
8.A. Assessment Hearing on Delinquent Garbage/Refuse Bills from Republic
Services, Res. No. 7944
8.B. Assessment Hearing on Delinquent False Alarms & Mowing Services, Res. No.
7945
8.C. Vacation of Certain Drainage and Utility Easements in Maple Trail Estates First
and Second Additions
9. General Business
A. Planning and Development
9. A.1. Advertise for Proposals for City Hall and Riverfront Site
B. Public Works and Engineering
9. B.1. 225 Sommerville Street South Sanitary Sewer Project
9. B.2. Water Resources/Environmental Engineer
C. Administration
9. C.1. Monthly Financial Review
10. Reports
10.A.City Bill List
10.B.Liaison and Administration
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11. Adjournment to November 7, 2017 at 7:00 p.m.
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*5.A.1.

October 17, 2017
FROM: Andy Hutson, IT Director

TO: Mayor and City Members
Subject:
Scheduled Replacement of data center servers, storage, and network devices.
Policy/Action Requested:
Approve the purchase of IT equipment through LOGIS for new servers, storage, and
network devices for a maximum amount of $257,000.
Recommendation:
Approve purchase of IT equipment.
Discussion:
Server, storage, and network equipment has an industry replacement best practice of 3-5
years. The current age of our servers and storage is between 5-10 years old, depending on the
device, and is in need of a refresh due to age, capacity, and sporadic hardware failures.
The budgeted replacement project of data center equipment at both locations will:
- Address pressures on current data storage capacity
- Eliminate escalating annual maintenance costs on current equipment
- Add additional site redundancy for business continuity
- Standardize equipment increasing supportability
- Leverage new technology to increase efficiency
- Increase processing performance for current applications
The next projected equipment refresh date will be Q4 of 2022 as the warranty and
maintenance will expire at that time. This date will also maintain a consistent 5 year
replacement cycle.
Budget Impact:
The dollar amount requested for replacement has been budgeted since the Q1 2012 purchase
of our current storage devices and server purchases previous to 2012. This project will be
Page 4 of 320
paid from existing funds within the IT Internal Service Fund and the total is under previously
budgeted dollar amounts.
Purchase of new equipment will eliminate an average of $35,000 per year, over the next 5
years, in escalating maintenance costs. Additional storage purchases would also
be required year-to-year to meet growing capacity if not replaced. All
new equipment includes a full 5-year maintenance warranty within this dollar request and is
sized for 5 year data projections.
Purchasing through LOGIS allows us to leverage previously negotiated best prices through
the US Communities National Cooperative Purchasing Program.
Page 5 of 320
*5.A.2.

October 17, 2017
FROM: Lori J. Hensen, City Clerk

TO: Mayor and Council Members
Subject:
City Council minutes of October 3, 2017
Approve the minutes from October 3, 2017
Recommendation:
Approve the above motion.
Discussion:
Budget Impact:
ATTACHMENTS:
October 03, 2017
Page 6 of 320
Shakopee City Council Minutes
October 3, 2017
7:00 PM
City Hall 485 Gorman St.
Mayor Bill Mars presiding

1. Roll Call
Present: Mayor William Mars, Councilmember Kathi Mocol, Councilmember Jay Whiting,
Councilmember Matt Lehman, Councilmember Mike Luce
Staff Present: Administrator Bill Reynolds, Assistant Administrator Nate Burkett, City
Attorney Jim Thomson, Engineering and Public Works Director Steve Lillehaug, Finance
Director Darin Nelson, Planning and Development Director Michael Kerski, Human
Resources Director Jennifer Gabbard. Parks and Recreation Director Jamie Polley, Chief
of Police Jeff Tate, City Clerk Lori Hensen
2. Pledge of Allegiance
3. Approval of Agenda
Councilmember Jay Whiting made a motion to approve the agenda, seconded by

Councilmember Kathi Mocol and the motion passed.
5-0
4. Consent Business - (All items listed in this section are anticipated to be routine. After
a discussion by the Mayor there will be an opportunity for members of the Council to
remove any items from the consent agenda for individual discussion. Those items
removed will be considered following the Public hearing portion of the agenda. Items
remaining on the Consent Agenda will not be discussed and will be approved in one
motion.)
Councilmember Matt Lehman made a motion to approve the consent agenda as presented,
seconded by Councilmember Jay Whiting and the motion passed.
5-0
A. Administration
*4. A.1. *City Council Minutes
Approve the minutes from August 29 and September 19, 2017. (Motion was carried
under consent agenda.)
Page 7
1 of 320
4
*4. A.2. *Ratify Teamsters Union Contract for 2017-19
Approve resolution 7934, ratifying the Teamsters Union Contract for 2017-2019.
(Motion was carried under consent agenda.)
B. Planning and Development

*4. B.1. *Set Public Hearing for Vacation of Certain Drainage and Utility Easements
in Maple Trail Estates 2nd Addition
Adopt Resolution No. 7935, a resolution setting the public hearing for the request to
vacate certain drainage and utility easements in Maple Trail Estates 1st and 2nd
Additions. (Motion was carried under consent agenda.)
C. Police
*4. C.1. *Surplus Property
Declare four vehicles as surplus property and authorize their disposal. (Motion was
carried under consent agenda.)
D. Public Works and Engineering
*4. D.1. *Update City Code Chapters 50 and 90 Pertaining to Telecommunications
and Small Cell Wireless Permitting
Adopt Ordinance 970, repealing City Code sections 50.15 through 50.99
Telecommunications Permit. (Motion was carried under consent agenda.)
Adopt Ordinance 971, amending City Code sections 90.30 through 90.99, Right-of-
Way Management. (Motion was carried under consent agenda.)
*4. D.2. *Drainage and Utility Easement Encroachment Agreements

Approve drainage and utility encroachment agreement for 1328 Ridge Court (PID
274210400). (Motion was carried under consent agenda.)
Approve drainage and utility encroachment agreement for 1668 Friesian Street South
(PID 273901240). (Motion was carried under consent agenda.)
Approve drainage and utility encroachment agreement for 1662 Friesian Street South
(PID 273901250). (Motion was carried under consent agenda.)
5. RECOGNITION OF INVOLVED CITIZENS BY CITY COUNCIL - Provides an

opportunity for the public to address the Council on items which are not on the agenda.
Comments should not be more than five minutes in length. The Mayor may adjust that
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4
time limit based upon the number of persons seeking to comment. This comment
period may not be used to make personal attacks, to air personality grievances, to
make political endorsements or for political campaign purposes. Council Members will
not enter into a dialogue with citizens, and questions from Council will be for
clarification only. This period will not be used to problem solve issues or to react to
the comments made, but rather for informational purposes only.
6. Business removed from consent will be discussed at this time
7. Public Hearings
7.A. Vacation of Certain Alleys and Right-of-Ways Within and Adjacent to the
Minnesota Correctional Facility
Councilmember Jay Whiting made a motion to open the public hearing, seconded by
Councilmember Matt Lehman and the motion passed.
5-0
Councilmember Jay Whiting made a motion to close the public hearing, seconded by
Councilmember Kathi Mocol and the motion passed.
5-0
Councilmember Matt Lehman made a motion to approve resolution 7936, a

resolution approving the vacation of certain alleys and rights-of-way within and
adjacent to the MN Correctional Facility, seconded by Councilmember Kathi Mocol
and the motion passed.
5-0
8. Recess for Economic Development Authority Meeting
9. Reconvene
10. Workshop
10.A.Discussion on Tax Increment Financing (TIF)
11. Reports
11.A.City Bill List
11.B.Liaison and Administration
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4
12. Adjournment to October 17, 2017 at 7:00 p.m.
Councilmember Kathi Mocol made a motion to adjourn to October 17, 2017 at 7:00
p.m., seconded by Councilmember Jay Whiting and the motion passed.
5-0
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*5.B.1.

October 17, 2017
FROM: Mark Noble, Senior Planner

TO: Mayor and Council Members, William H. Reynolds, City Administrator
Subject:
Review of the Conditional Use Permit and Mineral Extraction and Land Rehabilitation
Permit for Shakopee Gravel
Accept the review of the permit as conditioned in approved Resolution No. 7272, and direct
the applicant to work with City Engineering to address their concerns and/or requests.
Recommendation:
Staff Recommendation
Staff recommends the City Council accept the review of the permit as conditioned in
approved Resolution No. 7272, and that the applicant work with City Engineering to address
their concerns and/or requests.
Board of Adjustment and Appeals Recommendation

The BOAA reviewed this application at their October 5,2017 meeting, and by a 5-0 vote,
recommended to the City Council the acceptance of the review of this permit as conditioned
in approved Resolution No. 7272, and that the applicant work with City Engineering to
address their concerns and/or requests.
Discussion:
Introduction
Shakopee Gravel, Inc. has submitted an application for the annual review of a conditional
use permit (CUP) and a mineral extraction and land rehabilitation permit for their operation
located at 1650 County State Aid Highway (CSAH) 83. A condition of their approved
Resolution includes a requirement that the permits be reviewed annually.
Considerations
Shakopee Gravel, Inc. last received approval of an amendment to the CUP and Mineral
Extraction and Land Rehabilitation Permit Renewal on February 5, 2013 (Resolution No.
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7272, upholding the BOAA determination).
The conditions contained in the adopted resolution are listed below with planning staffs
review/comments following in italics. The Council should review the information submitted
by the applicant, information provided by staff and outside reviewing agencies, as well as
comments, information, and testimony provided by the public in conducting the review of
this permit.
The conditions of the adopted resolution are listed below, with staffs comments in italics:
1. The Shakopee Board of Adjustments and Appeals shall annually review the Permit to
ensure that the Applicant is in full compliance with all provisions of the Permit.
This condition is presently being met. The applicant submitted an application which
complies with the condition requirement. The applicant included a narrative and plans
which provided an update on the amount of product removed from the site during the past
year, and an updated site plan that identifies the current mining and reclamation areas.
2. The annual review of the Permit by the Board of Adjustment and Appeals shall be
provided to the Shakopee City Council as an informational item.
This condition will be met staff intends to submit the review to the City Council once the
BOAA has made their determination on the review.
3. Security fencing shall be used on the main access roads to control vehicular access to the
mining and equipment area, and along any adjacent residential development.
Security fencing has been in place for several years around the perimeter of this site.
4. Design/maintenance treatment of the berm adjacent to the residential properties along the
Applicants west property line shall be consistent with the following conditions:
a. Maintenance of a 1:1 slope for the berm adjacent to the homes in Wyndam Ponds. Any
areas of erosion shall be remedied and stabilized with the approved seed mix.
b. Removal of the weeds using the steps outlined by the Scott County Weed Inspector.
c. Stabilization of the slopes, establishment of plant/turf cover, and mowing at least once a
year or as needed more than that to maintain a suitable appearance.
d. Landscaping shall be maintained in accordance with the landscape plan on file in the
Community Development office (June, 2006).
The applicant has met the above four (4) conditions. The berm has appeared to be well
maintained and the landscaping is doing well.
5. All operations on the Property shall be allowed from 6 a.m. - 6 p.m., Monday thru
Saturday, except upon approval by the Shakopee City Council of extended hours on a
temporary basis.
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The applicant has represented that they are in compliance with this condition, and staff has
received no evidence to the contrary.
6. Dust must be controlled by paving main access roads, watering haul roads and equipment
and by any other means which will control adverse effects of dust on neighboring properties.
The applicant is aware of the need to monitor the dust levels generated from their haul
roads, mining activity, and equipment, and periodically utilize their watering truck for
addressing this issue.
7. Two diesel tanks and two propane tanks for the storage of fuel shall be permitted on-site,
and must be installed and maintained in accordance with State Fire Marshall Rules (Chapter
7510.3100 -7510.3280). Other fuel tanks on-site must receive permit approval from the
Minnesota Pollution Control Agency (MPCA) or other required agency. There shall be no
use or storage of explosives except as approved in advance as a part of this Permit.
There exist two (2) diesel fuel tanks which are fastened to trailers. The trailers house the
generators that run the mining equipment. These tanks are approximately 4 feet high, 6-8
feet wide and 6-8 feet deep. There do not appear to be any additional tanks since staff
conducted a site visit in May, 2002.
In the past, the Fire Department has commented that the property owner should: 1) provide
the Fire Department with a list of tanks and tank sizes, for those tanks listed in this
condition; and 2) work with the Fire Department to develop a Pre-Fire Incident Plan for
the operations.
8. No direct exterior lighting shall be visible from adjacent properties or the public right-of-
way. Two 125-watt high-pressure sodium security lights can be installed on the site and they
must be located on the site as shown on the submitted plan.
There exist two (2) light sources; one that is located near the equipment on the floor of the
mining operation and one that is located outside the scale building, which is not visible off
site.
9. The Gravel Extraction Phasing Plan and the End Use Plan, as submitted by Applicant
(November, 2012), shall be adhered to. Modifications will be submitted for approval to the
Board of Adjustment and Appeals.
The applicant has submitted the 2016 Annual Earthwork Plan, which identifies the areas
that changed within the previous year. Their mining and reclamation activities are
generally consistent with the phasing of the project, with a significant increase in imported
material occurring within the past year. The applicants Engineer has been in contact with
staff to discuss an end use plan, with a conceptual plan included with this report. This end
use plan will be discussed in conjunction with the 2040 Comprehensive Plan Update
currently being considered by the City.
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10. Applicant shall establish and maintain a monitoring well on the Property for ground water
quality monitoring, and if/when Shakopee Public Utilities Commission (SPUC) notices
evidence of a pollutant of concern in the testing of their wells, a testing shall be conducted of
the monitoring well in an effort to evaluate and either identify or eliminate whether the
pollutant of concern is originating from or moving thru this property.
Staff has not heard of any issues/concerns regarding pollutants and/or contaminants of the
wells, nor the need for additional testing of the monitoring well.
11. Mining extraction shall not exceed a depth greater than ten (10) feet above the
established ground water MSL elevation.
Staff has not observed any changes to the base elevation of the mining area that would be in
conflict with this condition.
12. The sanitary sewer along 17th Avenue is shown, but not approved. Future extension of
17th Avenue will determine the ultimate alignment and depth. The City Engineer shall
determine and propose a mutually agreeable location and depth for the trunk sanitary sewer
along 17th Avenue.
Further review will occur at or before the time of submittal of a preliminary plat
application for this property.
13. Access spacing to CR 16/17th Avenue and CSAH 83 will be determined by Scott
County, City, and Applicant upon approval of the preliminary plat for the end use.
Further review will occur at or before the time of submittal of a preliminary plat
application for this property.
14. Applicant will certify that the property meets any and all standards set by the MPCA or
government board that regulates mine reclamation.
The applicant believes they are compliant with this condition. They constantly monitor
product brought in for reclamation to ensure its quality product, and take the appropriate
steps to remove any product that is not.
15. The storm sewer discharge along 17th Avenue shall not exceed the design capacity in the
CSAH 83 trunk storm sewer as determined by the City Engineer. The development of the
Property will necessitate the lowering of the storm sewer along 17th Avenue. Applicant shall
pay the cost of lowering this trunk line.
Staff is not aware of an issue with compliance with this condition.
16. Applicant is to provide to City an earthwork quantity calculation, to be completed by a

Registered Professional Engineer or Registered Landscape Architect, and Applicant is to
provide to the City on an annual basis the quantity of export and import materials.
The applicant has provided the earthwork quantity calculations as required (see attached
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narrative letter and the Annual Earthwork Plan, which referenced the quantity of import
and export materials, and identifies the location where the mining and reclamation
activities have occurred within the past year).
17. Applicant shall enter into an agreement with the City in which the Applicant agrees to
allow the City to enter the property and to complete the reclamation plan and to assess the
Citys costs to the property, should the site not be reclaimed and made available for
development consistent with the End Use Plan by the Applicant.
Staff and the applicant will work to ensure compliance with this condition.
18. Berming shall be installed in phases around the perimeter of the site, beginning at the
northwest corner and working easterly along the north side and then working southerly
adjacent to residential use areas (generally consistent with the November/December, 2012
Potential Berm Improvement, Projected Reclamation Pile Location and Existing
Berm/Proposed Reclamation Pile Section Plans). This berming process shall be evaluated at
the yearly review, and is subject to modification based on the evaluation. Reclamation
material may be 15 feet higher than the berm (max. 40 feet), and constructed as material is
made available.
Staff have not noticed any issues with the existing berms, and they will continue to monitor
all berms to ensure they are properly seeded and will work with the applicant to see that the
areas are maintained consistent with this condition.
19. The design of the berms, existing and proposed, shall comply with standards set forth by
the City of Shakopees Design Criteria. Exceptions to these requirements may be granted by
the City Engineer.
Planning staff will continue to monitor the berms with Engineering staff to ensure
compliance with this condition.
20. All final and permanent berms, existing and proposed, shall receive a minimum of six (6)
inches of top soil. The top soil, whether salvaged or imported, shall meet the requirements of
select top soil borrow as defined by MnDots specification #3877.
The applicant appears to have used appropriate material and seed mix for the most recent
reclamation activity, and staff will continue to monitor this area to ensure compliance with
all requirements.
21. The applicant shall comply with the conditions set forth in its National Pollutant and
Discharge Elimination System (NPDES) permit.
Staff was not made aware that there are any issues with compliance with the NPDES
requirements. Engineering staff have requested that the applicant provide the city a copy of
its National Pollutant Discharge Elimination System (NPDES) permit.
Page 15 of 320
22. The applicant will inspect, on a daily basis, all adjacent streets, sidewalks and trails for
any off-site sediment attributable to the applicants operation of the mine, and will conduct
street sweeping as necessary or as directed by the City and/or Scott County.
They have been notified by Scott County and the City staff in the past, and City
Engineering referenced in their recent memo a request to keep adjacent streets, sidewalks
and trails free of any off-site sediment tracking, and that the applicant will be responsible
for regular street sweeping. In the past, when these issues have arisen, the applicant has
typically responded in an appropriate manner. The applicant has also shared that some of
this material may have come from the adjacent property, and the applicant has shared this
issue with that property owner.
Planning staff did receive comments from City Engineering. Those comments are attached to
this report. City Engineering comments have either been referenced above in the responses
listed after the conditions of approval, or are notes for future considerations; specifically
requesting the applicant provide certification that the property meets any and all standards
set by the MPCA or government board that regulates mine reclamation.
Budget Impact:
N/A
ATTACHMENTS:
ResolutionNo. 7272
Site Aerial
Future Concept Plan
Site Plan - Product Location and Pit Edge
2013 Earthwork Plan
2014 Earthwork Plan
2015 Earthwork Plan
2016 Earthwork Plan
Applicant Narrative
Engineering Memo
Page 16 of 320
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Site Data: (All data is approximate)
17TH AVE EAGLE POINT BLVD Site Area (approx.):...... 133 acres
Commercial area NE: 33 acres
Ponding : 8.9% of site11.9 acres
Park + Ponds: 10.8% of gr. Site: 14.4 acres
Lot Sizes:
AY
W
K
C
N LO
KI
CANTERBURY ROAD
C T.
AM
ND
WY
PHILIPP DR.
Foundation Types:
On Grade with full basement or slab-on-grade (121)
18TH AVE. E. Look Out Lower Level (7)
Walkout Lower Level (117)
(245)
WY
ND
AM
DR
.
CO. RD. 83
THRUSH ST.
0 100 200 400

SHAKOPEE GRAVEL INC.
CONCEPT SITE & GRADING PLAN 5.1.2015 Project #193801541
Page 23 of 320
Page 24 of 320
Legend
2013 pit edge 17TH AVE
2012 pit edge PROPERTY LINE
2013 reclamation area 100 MINING SETBACK 2013 Earthwork Calculation

future mining area
Berm Expansion
total exported material
active mining area
2013 Reclamation Area 246,000 tons
total imported material

134,500 yards
2013
Reclamation
Area 2012 Pit Edge
CO. RD. 83
2013 2013 Pit Edge
Active
Mine
Future Mining
2013
Active Area
Mine
100 MINING SETBACK
THRUSH ST.
SHAKOPEE GRAVEL INC 2013 Mining, Reclamation and Mitigation

Annual Earthwork Plan Page 25 of 320 December 18, 2013
Legend ______________
17TH AVE EAGLE POINT BLVD 2014 pit edge
PROPERTY LINE
2013 pit edge
100 MINING SETBACK reclamation area
2014 reclamation area

future mining area
active mining area
AY
W
K
C
LO
KI
N 2014 Earthwork Calculation___
CANTERBURY ROAD
total exported materials:
C T.
ND
A M 182,564 yds / 246,475 tons
W Y
PHILIPP DR.
total imported materials:
52,036 yds / 70,249 tons

18TH AVE. E.
Reclamation
WY
Area 2013 Pit Edge

ND
AM
2014
DR
Reclamation
.
CO. RD. 83
Area
2014
Active 2014 Pit Edge
Mine
2013 Pit Edge
Future Mining Area
100 MINING SETBACK
THRUSH ST.
0 100 200 400
SHAKOPEE GRAVEL INC. 2014 Mining, Reclamation and Mitigation

Annual Earthwork Plan February 18, 2015 Project #193801541
Page 26 of 320
Legend ______________
PROPERTY LINE
2014 pit edge
100 MINING SETBACK
reclamation area

future mining area
active mining area

AY
W
K
2015 C
LO
Reclamatoin Area KI
N 2015 Earthwork Calculation___
CANTERBURY ROAD
total exported materials:
C T.
AM 121,788 yds / 164,578 tons
WYND
PHILIPP DR.
158,338 yds / 213,756 tons
18TH AVE. E.
2015
Reclamation
Area
WY
2015 Pit Edge

ND
AM
DR
2015
.
CO. RD. 83
Pit Edge
2015 2014 Pit Edge

Active
Mine
Future Mining
Area
2015 Pit Edge
100 MINING SETBACK
THRUSH ST.
0 100 200 400
SHAKOPEE GRAVEL INC. 2015 Mining, Reclamation and Mitigation

Annual Earthwork Plan April 26, 2016
Project #193801541
Page 27 of 320
Legend ______________
PROPERTY LINE
2015 pit edge
100 MINING SETBACK
2014 pit edge
reclamation area

future mining area
AY active mining area
W
K
C
N LO
KI
2016 Earthwork Calculation___
CANTERBURY ROAD
2016
Reclamatoin Area
C T. total exported materials:
AM
ND
WY 149,949 yds / 202,634 tons
PHILIPP DR.
376,687 yds / 508,527 tons
18TH AVE. E.
2016 Reclamtoin
Area
2016
WY
Active
2016 Pit Edge
ND
Mine
AM
DR
.
2015 Pit Edge
CO. RD. 83
2014 Pit Edge
Stripping
Pushed Into
Future Mining
Floor Bottom
Area
100 MINING SETBACK
THRUSH ST.
0 100 200 400
SHAKOPEE GRAVEL INC. Mining, Reclamation and Mitigation

Annual Earthwork July 18, 2017
Project #193801541
Page 28 of 320
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*5.B.2.

October 17, 2017
FROM: Mark Noble, Senior Planner

TO: Mayor and Council Members, William H. Reynolds, City Administrator
Subject:
Rezoning of Property from Agricultural Preservation (AG) Zone to Urban Residential (R-
1B) Zone
Approve the Rezoning of Property from Agricultural Preservation (AG) Zone to Urban
Residential (R-1B) Zone.
Recommendation:
Planning Commission Recommendation
The Planning Commission reviewed this application at their October 5, 2017 meeting, and
recommended approval by a unanimous vote (5-0).
Discussion:
Site Information
Applicant: Prairie Meadow, LLC
Property Owner: Prairie Meadow, LLC
Location: 1395 Wood Duck Trail
Current Zoning: Agricultural Preservation (AG) Zone
Adjacent Zoning: North: Agricultural Preservation (AG) Zone

South: Rural Residential (RR) Zone
East: Rural Residential (RR) Zone
West: Low-Density Residential (R-1A) Zone
Comp. Plan: Single-Family Residential
Lot Size: 8.68 Acres
Introduction
Prairie Meadow, LLC has made application for a Rezoning from Agricultural Preservation
(AG) Zone to Urban Residential (R-1B) Zone. The subject property is generally located
Page 33 of 320
north of Wood Duck Trail, west of Marschall Road and south of Meadow Lane in the
Agricultural Preservation (AG) Zone.
The property currently is used as a single-family residence. This parcel, along with several
others located south of Valley Creek Crossing 2nd Addition and north of Timber Trails, was
included in a recent extension of Jennifer Lane that now connects these two (2) subdivisions,
along with extended services along this new corridor. Attached to this report is a preliminary
concept plan for this subdivision, a conceptual stormwater/drainage plan, and an aerial which
identifies the recently approved residential subdivision just to the north (Prairie Meadows).
The applicant has submitted a rezoning request for a single-family residential development,
similar to the existing Prairie Meadows, and should this request be approved, will proceed
with the submittal of a Plat application roughly based on the concept plan for this particular
parcel. There remains one property adjacent to this request where the current property
owners have no interest in pursuing additional development at this time. If in the future they
would like to develop their
property, staff will work with the developer(s) on a layout that will generally be consistent
with the layout shown on the conceptual stormwater/drainage plan.
Planning staff did receive comments from SPUC, whom noted that the applicant shall
contact them to discuss requirements to receive water and electric service for development of
this property. Also attached to this report is a letter from the developer, which notes
comments that were raised at their neighborhood meeting.
The developers concept plan identifies parcels that appear to comply with the required
design standards for this zone. Detailed review of the project will occur at time of Platting,
should this request be approved.
Findings - Rezoning
The criteria required for the granting of a Zoning Ordinance Amendment are listed below for
the Councils consideration.
Criteria #1 That the original Zoning Ordinance is in error;

Finding #1 The original Zoning Ordinance is not in error.
Criteria #2 That significant changes in community goals and policies have taken place;
Finding #2 Significant changes in community goals and policies have taken place. The
demand for single family development in this area of the city has increased. Combined with
the fact that street and utility improvements have occurred in this area, development
consistent with what is proposed is appropriate.
Page 34 of 320
Criteria #3 That significant changes in City-wide or neighborhood development patterns have
occurred; or
Finding #3 Significant changes in development patterns have occurred. What once was a
rural residential area is now an area that is viewed as an attractive residential development
area because of the location and the availability of services and street improvements. There
are limited remaining parcels for single family residential within the City.
Criteria #4 That the comprehensive plan requires a different provision.

Finding #4 The Comprehensive Plan does not require a different provision. The
Comprehensive plan guides this property as single family residential, which is consistent
with the developers concept.
Budget Impact:
N/A
ATTACHMENTS:
Ordinance No. 973

Site Aerial
Concept Plan
Conceptual Stormwater/Drainage Plan
Neighborhood Comments
Page 35 of 320
ORDINANCE NO. 973
AN ORDINANCE OF THE CITY OF SHAKOPEE, MINNESOTA,

AMENDING THE ZONING MAP ADOPTED IN CITY CODE SEC. 151.003 BY REZONING
PROPERTY AT 1395 WOOD DUCK TRAIL FROM AGRICULTURAL PRESERVATION (AG)
ZONE TO URBAN RESIDENTIAL (R-1B) ZONE
WHEREAS, Prairie Meadow, LLC, applicant and property owner, has applied to rezone the
property at 1395 Wood Duck Trail from Agricultural Preservation (AG) Zone to Urban Residential (R-1B)
Zone; and
WHEREAS, the property is legally described as:
That part of the South 332.00 feet (as measured at right angles) of the Southwest Quarter of the
Northeast Quarter (SW of the NE ) of Section 19, Township 115, Range 22, Scott County,
Minnesota lying Northeasterly of the following described line: Commencing at the Southwest Corner
of said Southwest Quarter of the Northeast Quarter; thence North along the West line thereof a
distance of 20.00 feet to the point of beginning of the line described; thence Southeasterly to a point
on the South line of said Southwest Quarter of the Northeast Quarter distant 20.00 feet Easterly of
the Southwest corner thereof and there terminating; and
WHEREAS, notices were duly sent and posted, and a public hearing was held before the Planning
Commission on October 5, 2017, at which time all persons present were given an opportunity to be heard;
and
WHEREAS, the Planning Commission has recommended to the City Council that the subject
property be rezoned as stated; and
WHEREAS, the City Council heard the matter at its meeting on October 17, 2017; and
NOW, THEREFORE BE IT ORDAINED, that the City Council of the City of Shakopee hereby
adopts the following findings of facts relative to the above-named request:
Criteria #1 The original zoning ordinance is in error.

Finding #1 The original Zoning Ordinance is not in error.
Criteria #2 Significant changes in community goals and policies have taken place.
Finding #2 Significant changes in community goals and policies have taken place. The demand for single
family development in this area of the city has increased. Combined with the fact that street and
utility improvements have occurred in this area, development consistent with what is proposed is
appropriate.
Criteria #3 Significant changes in development patterns have occurred.

Finding #3 Significant changes in development patterns have occurred. This specific site is viewed as an
attractive residential development area because of the location and the availability of services
1
Page 36 of 320
and street improvements. There are limited remaining parcels for single family residential within
the City.
Criteria #4 The Comprehensive Plan requires a different provision.

Finding #4 The Comprehensive Plan does not require a different provision. The Comprehensive plan guides
this property as single family residential, which is consistent with the developers concept.
BE IT FURTHER ORDAINED, that the request to rezone the property as stated in this ordinance
is hereby approved.
Passed in regular session of the City Council of the City of Shakopee, Minnesota held this 17th day of October,
2017.
_______________________________
Mayor of the City of Shakopee
Attest:
_________________________
Lori Hensen, City Clerk
Published in the Shakopee Valley News on the ______ day of _____________, 20___.
2
Page 37 of 320
Page 38 of 320
Page 39 of 320
Page 40 of 320
D o n n a y H o m e s, I n c.
9655 63rd Avenue North, Maple Grove, Minnesota 55369
Builder #594838, #594839
RE: 1395 Wood Duck Trail September 27, 2017
At the Neighborhood Meeting of September 21, 2017 we presented the Re-zoning and a
possible layout to those assembled.
Comments from the Neighborhood:

Neighbors on Wood Duck would like us to save as many trees along the Common Lot
Line as possible.
Neighbors appreciated the use of the private drive,
o however Dennis Purcell noted there may be some ownership issues for it. He
also expressed concern regarding the future disposition of that drive as it relates to
his access.
o Also, neighbors at the NW corner of Wood Duck and Marschall noted they will
bear the brunt of the traffic
Neighbors on Wood Duck commented about the speed of people driving onto Wood
Duck from Marschall.
Neighbors on Wood Duck asked if they would be required to connect to City Utilities.
Neighbors asked about the price point and style of homes for the new addition
Sincerely,
Steven Behnke, Sr. Project Manager

Donnay Homes, Inc.
763-531-0714
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*5.C.1.

October 17, 2017
FROM: Steve Lillehaug, Public Works Director/City Engineer

Subject:
Update City Code Chapter 54 and City Design Criteria Pertaining to Water Resources
Management.
1. Adopt Ordinance 972, amending City Code Chapter 54, Water Resources Management.
2. Adopt Resolution 7933, amending Design Criteria for Chapter 150 of the City Code,
Subdivision Regulations.
Recommendation:
Adoption of Ordinance 972 and Resolution 7933.
Discussion:
As part of the Clean Water Act, the city is required to permit through the Minnesota
Pollution Control Agency (MPCA) under the National Pollutant Discharge Elimination
System through the Municipal Separate Storm Sewer Systems (MS4) program, which
requires us to prepare, manage, and maintain a Storm Water Pollution Prevention Program. A
requirement of our current permit that was approved in 2014 by the MPCA was to update
the city's ordinances to meet certain minimum conditions pertaining to post-
construction storm water management (e.g. surface water resources
management ordinances).This update was required to be completed by 2015.
On March 9, 2017, the MPCA performed an MS4 audit on the City of Shakopee. From this
audit, the MPCA identified a violation for the failure to include certain surface water and
erosion control measures to ensure proper implementation and enforcement
conditions within the city's regulatory mechanism.
The city's regulatory mechanism includes City Code Chapter 54 Water Resources
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Management and the city's Design Criteria, which includes the technical provisions and
design standards. In accordance with the MPCA requirements, City Code Chapter 54 and
the Design Criteria have been revised to meet the requirements of the MS4 general permit.
Budget Impact:
No budget impacts.
ATTACHMENTS:
MPCA Alleged Violation letter

City response letter
Ordinance 972 Red-lined
Ordinance 972-Final
Design Criteria Red-lined
Design Criteria - Final
Resolution 7933
Page 43 of 320
April 20, 2017
The Honorable Bill Mars

Mayor, City of Shakopee
129 Holmes St. S.
Shakopee, MN 55379
RE: Alleged Violations Letter

City of Shakopee, Scott County
Dear Mayor Mars:
On March 9, 2017, the Minnesota Pollution Control Agency (MPCA) staff conducted an audit of the City
of Shakopees Stormwater Pollution Prevention Program (SWPPP) under the National Pollutant
Discharge Elimination System/State Disposal System (NPDES/SDS) Small Municipal Separate Storm
Sewer System (MS4) General Permit (MS4 Permit) and identified the following alleged violations.
This letter describes actions you should take to correct the violations.
Please respond within ten days with facts or circumstances we should consider in determining whether
and what level of enforcement action is appropriate. Page numbers of the MS4 Permit are included so
you can easily find information related to the alleged violations.
Alleged Violations
National Pollutant Discharge Elimination System/State Disposal System (NPDES/SDS) Small Municipal
Separate Storm Sewer System (MS4) General Permit (MS4 Permit) [MNR040000]
1. Failure to inspect and document each site inspection using an inspection checklist or other
written means as required under Part III.D.4.f.(2) (page 14).
2. Failure to revise the existing Post-Construction Stormwater Management program to

include a regulatory mechanism(s) that incorporates the requirements under Part
III.D.5.a.(1)-(4) (pages 15-17). See the items marked Noncompliant in Appendix B of
the audit report for further details.
t-enf-iii-2a 12/14/16 Page 44 of 320

The Honorable Bill Mars
Page 2
April 20, 2017
Corrective Actions
1. Effective immediately, begin documenting each site inspection using an inspection checklist or other
written means as required under Part III.D.4.f.(2) (page 14).
2. Effective immediately, initiate revisions to the Post-Construction Stormwater Management program

to include a regulatory mechanism(s) that incorporates the requirements under Part III.D.5.a.(1)-(4)
(pages 15-17).
Responding to this letter and completing the corrective actions does not prevent us from issuing an
enforcement action. We reserve the right to pursue any and all remedies available under law as an
appropriate response to these violations.
Please contact me at 651-757-2880 or by email at cole.landgraf@state.mn.us if you have any questions

or need assistance.
Sincerely,
Cole Landgraf
This document has been electronically signed.
Cole Landgraf
Environmental Specialist 3
Stormwater Section
Municipal Division
CL:lam
Enclosure
cc: Bruce Loney, City of Shakopee (w/enclosure)

Jean Coleman, Attorney, MPCA (w/enclosure)
Duane Duncanson, MPCA (w/enclosure)
Brian Green, MPCA (w/enclosure)
Deb Klooz, MPCA (w/enclosure)
Activity ID PEN20170002 @ AI ID 90344
Page 45 of 320
Page 46 of 320
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ORDINANCE NO. 972
AN ORDINANCE OF THE CITY OF SHAKOPEE, MINNESOTA AMENDING

SHAKOPEE CITY CODE CHAPTER 54, WATER RESOURCES MANAGEMENT
THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, ORDAINS:

Section 1. Chapter 54 of the Shakopee City Code is amended to read as follows:
CHAPTER 54: WATER RESOURCES MANAGEMENT
General Provisions
54.01 Title
54.02 Purpose
54.03 Scope
54.04 Application of this chapter
54.05 Severability
54.06 Incorporation by Reference
Stormwater Management
54.14 Definitions
54.15 Stormwater management plan
54.16 Stormwater and urban runoff pollution control
54.17 Lawn fertilization restrictions
Wetland Management
54.30 Areas affected
54.31 Wetland assessment and delineation
54.32 Wetland buffers
54.33 Structure setbacks
Erosion and Sediment Control

54.45 Erosion control plan
54.46 Process
54.47 Implementation of an erosion control plan
54.48 Financial security
54.49 Inspection of erosion control plan
54.50 Application review and inspection fees
54.51 Notification of failure of erosion control plan
54.52 Erosion off-site
54.53 Erosion into streets, wetlands, or water bodies
54.54 Failure to do corrective work
54.99 Penalty
Cross-reference:
Stormwater, see Ch. 53
Page 48 of 320
GENERAL PROVISIONS
54.01 TITLE.
This chapter shall be known and may be referred to as the Water Resource Ordinance or the
Water Resource Chapter. When referred to herein it shall be known as this chapterChapter.
(2013 Code, 16.01) (Ord. 807, passed 9-25-2008)
54.02 PURPOSE.
(A) This chapter Chapter is established to promote, preserve and enhance natural resources
within the city and protect them from adverse effects occasioned by poorly-sited
development or incompatible activities by regulating land disturbing or development
activities that would have an adverse and potentially irreversible impact on water quality
and unique or fragile environmentally sensitive land.
(B) This chapter Chapter minimizes conflicts and encourages compatibility between land
disturbing and development activities and environmentally sensitive lands. By requiring
detailed review standards and procedures for land disturbing or development activities
proposed for such areas, this chapter achieves a balance between urban growth and
development and the protection of water and natural resources within the city. (2013 Code,
16.01) (Ord. 807, passed 9-25-2008)
54.03 SCOPE.
(A) Applicability.
(1) Every applicant for subdivision approval, a conditional use permit, or a grading permit to
allow land disturbing activities must submit a stormwater management plan to the
Engineering Division of the citys Public Works Department. The stormwater management
plan shall be submitted with the land use application, grading permit application, or as
directed by the Public Works Director. No subdivision approval or grading permit will be
issued until approval of the stormwater management plan or a waiver has been obtained in
conformance with the provisions of this chapter.
(2) Every applicant for subdivision approval or a grading permit that involves wetland
disturbing activities or work near wetlands must submit a wetland assessment and
delineation report to the Engineering Division. The wetland assessment and delineation
report shall be submitted with the land use application, grading permit application, or as
issued until approval of the wetland replacement plan application or a certificate of
exemption has been obtained in conformance with the provisions of this chapter and the
State Wetland Conservation Act of 1991, M.S. 103G.222 through 103G.2375, as they
may be amended from time to time, (WCA).
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(3) Every applicant for a building permit, subdivision approval, conditional use permit, or a
grading permit must submit an application for an erosion control plan to the Engineering
Division. The erosion control permit application and erosion control plan shall be
submitted with the building permit application, land use application, grading permit
application, or as directed by the Public Works Director. No grading permit or building
permit will be issued until approval of the erosion control plan has been obtained in
conformance with the erosion control measures, standards, and specifications contained in
the State Pollution Control Agency publication, Protecting Water Quality in Urban
AreasMinnesota Stormwater Manual, or as otherwise approved by the Public Works
Director.
(4) Construction, improvement, repair, or alteration of bridges, culvert crossings, driveways,

roads, or utilities must obtain a grading permit if the activity involves crossing or impacting
a watercourse with a tributary area in excess of 100 acres. The applicant shall provide
documentation prepared by an engineer demonstrating that the hydraulic capacity of the
watercourse conforms to the citys comprehensive water resources management plan and
that activities improve watercourse stability.
(B) Exemptions. The provisions of this chapter do not apply to:
(1) Any part of a subdivision if a preliminary plat for the subdivision that has been approved
by the City Council on or before the effective date hereof;
(2) Any land disturbing activity for which plans have been approved by the watershed
management organization having jurisdictional control of the land within 6 months prior
to the effective date hereof;
(3) Installation of fence, sign, telephone, and electric poles and other kinds of posts or poles;
(4) Excavations or land moving activities involving less than 50 cubic yards of soil; or
(5)(4) Emergency work to protect life, limb, or property.
(C) Waiver. The Public Works Director may waive any of the requirements of this chapter upon
making a finding that compliance with the requirement will involve an unnecessary
hardship and the waiver of such requirement will not adversely affect the water quality and
natural resources of the city or adversely impact environmentally sensitive land. The Public
Works Director may require as a condition of the waiver that the applicant dedicate
easements or construct certain facilities as the Public Works Director deems necessary.
(2013 Code, 16.01) (Ord. 807, passed 9-25-2008)
54.04 APPLICATION OF THIS CHAPTER.
(A) In their interpretation and application, the provisions of this chapter shall be the
requirements for the promotion of water resource management within the city.
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(B) Where any provision of this chapter is either more restrictive or less restrictive than a
comparable provision imposed by any other code, ordinance, statute, rule, or regulation of
any kind, the more restrictive provision, or the provision which imposes a higher standard
or requirement shall prevail.
(C) Words or terms defined in this chapter shall have the meanings assigned to them unless
such meaning is clearly contrary to the intent of this chapter. The present tense shall include
the past and future tenses.
(2013 Code, 16.01) (Ord. 807, passed 9-25-2008)
54.05 SEVERABILITY.
Every section of this Chapter is declared separable from every other section. If any section is held
to be invalid by competent authority, no other section shall be invalidated by such action or
decision.
54.06 INCORPORATION BY REFERENCE.
The following are hereby incorporated into this Chapter by reference:
(A) The National Pollutant Discharge Elimination System Permit, MN R100001 (NPDES
Construction General Permit) issued by the Minnesota Pollution Control Agency, August
1, 2013, as amended. The NPDES Construction General Permit is incorporated into this
chapter by reference.
(A)(B) The citys Design Criteria document. These standards shall serve as the official guide for
stormwater principles, methods, and practices for proposed development activities. The
citys Design Criteria document is incorporated into this Chapter by reference.
STORMWATER MANAGEMENT
54.14 DEFINITIONS.
For the purpose of this chapter, the following definitions shall apply unless the context
clearly indicates or requires a different meaning.
APPLICANT. Any person who wishes to obtain a building permit, zoning or subdivision approval.
BEST MANAGEMENT PRACTICE (BMP). Practices to reduce the volume of runoff, and
improve water quality, to prevent pollution of waters of the state. Best Management Practices are
designed to reduce stormwater runoff volume, peak flows, and nonpoint source pollution through
evapotranspiration, infiltration, detention, and filtration, and may include activities, prohibitions
of practices, treatment requirements, operating procedures, and other management practices.
CONSTRUCTION ACTIVITY. Any disturbance to the land that results in a change in the
topography, existing soil cover, or the existing soil topography that may result in accelerated
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stormwater runoff, including clearing, grading, filling, and excavating.
CONTROL MEASURE. A practice or combination of practices to control erosion and

attendant pollution.
FLOOD FRINGE. The portion of the flood plain outside of the flood way.
FLOOD PLAIN. The areas adjoining a watercourse or water basin that have been or may
be covered by a regional flood.
FLOOD WAY. The channel of the watercourse, the bed of water basins, and those portions of
the adjoining flood plains that are reasonably required to carry and discharge flood water and
provide water storage during a regional flood.
HYDRIC SOILS. Soils that are saturated, flooded, or ponded long enough during the growing
season to develop anaerobic conditions in the upper part.
HYDROPHYTIC VEGETATION. Macrophytic plant life growing in water, soil, or on a

substrate that is at least periodically deficient in oxygen as a result of excessive water content.
IMPERVIOUS SURFACE. Any surface area that releases as runoff all or a majority of the
precipitation that falls on it. Impervious surface includes rooftops, sidewalks, driveways, parking
lots, and streets unless specifically designed, constructed, and maintained to be pervious.
LAND DISTURBING OR DEVELOPMENT ACTIVITIES. Any change of the land

surface including removing vegetative cover, excavating, filling, grading, and the construction of
any structure.
NEW DEVELOPMENT. Any construction activity that is not defined as redevelopment.
PERSON. Any individual, firm, corporation, partnership, franchisee, and association.
PERVIOUS SURFACE. Any surface area that allows infiltration of all or the majority of the
precipitation that falls on it. Pervious surfaces include turfgrass, rain gardens, planting beds, and
other infiltration BMPs.
PLAN. A storm water management plan governed by this chapter.
PUBLIC WATERS. Waters of the state as defined in M.S. 103G.005, Subd. 15, as it may
be amended from time to time.
REDEVELOPMENT. Any construction activity where, prior to the start of construction, the
areas to be disturbed have 15% or more of impervious surface.
REGIONAL FLOOD. A flood that is representative of large floods known to have

occurred generally in the state and reasonably characteristic of what can be expected to occur
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on an average frequency in the magnitude of a 100-year recurrence interval.
SEDIMENT. Solid matter carried by water, sewage, or other liquids.
STRUCTURE. Anything manufactured, constructed, or erected which is normally attached to

or positioned on land, including portable structures, earthen structures, roads, parking lots,
and paved storage areas.
WETLANDS. Lands transitional between terrestrial and aquatic systems where the water table
is usually at or near the surface or the land is covered by shallow water. For purposes of this
definition, WETLANDS must have the following 3 attributes:
(1) Have a predominance of hydric soils;
(2) Are inundated or saturated by surface or ground water at a frequency and duration
sufficient to support a prevalence of hydrophytic vegetation typically adapted for life in
saturated soil conditions; and
(1)(3) Under normal circumstances support a prevalence of the vegetation.
54.15 STORMWATER MANAGEMENT PLAN.
(A) Application procedure.
(1) Application. A written application for stormwater management plan approval, along with
a proposed stormwater management plan and maintenance agreement, shall be filed with
the Engineering Division of the citys Public Works Department. The application shall
include a statement indicating the grounds upon which the approval is being requested, that
the proposed use is permitted by right or as an exception in the underlying zoning district,
and adequate evidence showing that the proposed use will conform to the standards set
forth in this chapter and this code of ordinancesChapter.
(2) Required plan submittals.
(a) Two sets of clearly legible blue or black lined copies of drawings, electronic copy of
drawings, and required information shall be submitted to the Engineering Division
along with the process and approval fee. Information provided shall be prepared per
the most recent edition of the city design criteriaDesign Criteria and certified by an
engineer licensed in the state. Drawings shall be prepared to a scale appropriate to the
site of the project and suitable for the review to be performed.
(b) The plans shall be drawn at a minimum scale of 1 inch equals 100 feet and shall contain
the following information:
1. Existing site map. A map of existing conditions showing the site and immediately
adjacent areas within 200 feet of the site, including:
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a. The name and address of the applicant, the section, township and range, north
point, date, and scale of drawing and number of sheets;
b. The location of the property by showing an insert map at a scale sufficient to
clearly identify its location and giving such information as the name and
numbers of adjoining roads, railroads, utilities, subdivisions, cities, townships,
and districts or other landmarks;
c. The existing topography with a contour interval appropriate to the topography
of the land but in no case having a contour interval greater than 2 feet;
d. A delineation of all ponds, infiltration features, streams, rivers, public waters,
and wetlands located on and immediately adjacent to the site, including the
depth of the water, the normal water level (NWL), the 100-year high water level
(HWL), the ordinary high water level (OHW), a description of all vegetation
which may be found in the water, a statement of general water quality and any
classification given to the water body or wetland by the State Department of
Natural Resources, the State Pollution Control Agency, or the U.S. Army Corps
of Engineers;
e. The location and dimensions of existing stormwater drainage systems and
natural drainage patterns on and immediately adjacent to the site delineating in
which direction and at what rate stormwater is conveyed from the site,
identifying the receiving stream, river, public water, or wetland, and setting
forth those areas of the unaltered site where stormwater collects;
f. A description of the soils of the site, including a map indicating soil types of
areas to be disturbed as well as a soil report containing information on the
suitability of the soils for the type of stormwater system proposed and
describing any remedial steps to be taken by the applicant to render the soils
suitable;
g. The location and description of any vegetative cover and a clear delineation of
any vegetation proposed for removal;
h. The location of 100-year floodplains, flood fringes, and floodways;
i. The locations of any existing overhead or underground utilities;
j. The locations of property lines and easements; and
k. A city approved benchmark listing location and elevation.
2. Site construction plan. A site construction plan including:

a. Locations and dimensions of all proposed land disturbing activities and any
phasing of those activities;
b. Total site area;
c. Total area to be disturbed;
d. Locations and dimensions of all temporary soil or dirt stockpiles;
e. Locations and dimensions of all construction site erosion control measures
necessary to meet the requirements of this chapter;
f. A schedule of the anticipated start and completion date of each land disturbing
activity including the installation of construction site erosion control measures
needed to meet the requirements of this chapter; and
g. Provisions for maintenance of the construction site erosion control measures
during construction.
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3. Plan of final site conditions. A plan of final site conditions on the same scale as the
existing site map showing the proposed site changes including:
a. Finished grading shown at contours at the same interval as provided above or
as required to clearly indicate the relationship of proposed changes to existing
topography and remaining features
b. A landscape plan, drawn to an appropriate scale, including dimensions and
distances and the location, type, size, and description of all proposed landscape
materials which will be added to the site as part of the development;
c. A drainage plan of the developed site delineating in which direction and at what
rate stormwater will be conveyed from the site and setting forth the areas of the
site where stormwater will be allowed to collect;
d. The proposed size, alignment, and intended use of any structures to be erected
on the site;
e. A clear delineation and tabulation of all areas which will be paved or surfaced,
including a description of the surfacing material to be used;
f. Any other information pertinent to the particular project which, in the opinion
of the applicant or the Public Works Director, is necessary for the review of the
project;
g. Proposed normal water level (NWL), 100-year high water level (HWL),
ordinary high water level (OHW) of any ponds, infiltration facilities, streams,
rivers, public waters, or wetlands on or downstream from the site;
h. Building elevations including low floor elevations and low building opening
elevations; and
i. Overland emergency overflow routes and their elevations.
4. Stormwater calculations. Calculations demonstrating the following data shall be

provided, according to the method established by the Engineering Division:
a. Drainage maps that show the site, land that drains onto the site, and land that
the site drains onto for existing and proposed conditions. Delineated drainage
areas for ponds, wetlands, or other relevant waters should be indicated on these
maps;
b. A stormwater model conforming to Engineering Division standards that
includes drainage areas, cover types, pond and wetland sizes, pond and wetland
outlets, and natural or piped conveyance systems;
c. Peak runoff rates from the site before and after development demonstrating that
the proposed conditions conform to the policies outlined in the citys
comprehensive water resources management plan;
d. Volume of runoff from the site before and after development;
e. National urban runoff program (NURP) volume below and normal outlet
required and provided in each pond;
f. Infiltration calculations for proposed conditions; and
g. A narrative summarizing the calculations and demonstrating that proposed
drainage alterations do not unreasonably burden upstream or downstream land.
5. Solid Soil borings. If requested by the Public Works Director; and.
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6. Maintenance Agreement. The applicant shall enter into a maintenance agreement
with the city that documents all responsibilities for operation and maintenance of
long-term stormwater treatment BMPs. Such responsibility shall be documented
in a maintenance plan and executed through a maintenance agreement. All
maintenance agreements must be approved by the city and recorded at the Scott
County recorders office prior to applying for permit termination. At a minimum,
the maintenance agreement shall describe the inspection and maintenance
obligations:
a. The party who is permanently responsible for maintenance of the structural and
nonstructural measures.
b. Pass responsibilities for such maintenance to successors in title.
c. Allow the city and its representatives the right of entry for the purpose of
inspecting all permanent stormwater management systems.
d. Allow the city the right to repair and maintain the facility, if necessary
maintenance is not performed after proper and reasonable notice to the
responsible party of the permanent stormwater management systems.
e. Include a maintenance plan that contains, but is not limited to the following:
1. Identification of all structural permanent stormwater management
systems.
2. A schedule for regular inspections, monitoring, and maintenance for
each practice. Monitoring shall verify whether the practice is
functioning as designed and may include, but is not limited to, quality,
temperature, and quantity of runoff.
3. Identification of the responsible party for conducting the inspection,
monitoring, and maintenance of each practice.
4. Include a schedule and format for reporting compliance with the
maintenance agreement to the city.
f. The issuance of a permit constitutes a right-of-entry for the city, its contractors,
and agents to enter upon the site. The applicant shall allow the city, its
contractors, agents, and any authorized representatives, upon presentation of
credentials, to:
1. Enter upon the permitted site for the purpose of obtaining information,
examination of records, conducting investigations or surveys.
2. Bring such equipment upon the permitted development as is necessary
to conduct such surveys and investigations.
3. Examine and copy any books, papers, records, or memoranda pertaining
to activities or records required to be kept under the terms and
conditions of the permit.
4. Inspect the stormwater pollution control measures.
5. Sample and monitor any items or activities pertaining to stormwater
pollution control measures.
6. Correct deficiencies in stormwater and erosion and sediment control
measures.
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(67) Fees. All applications for stormwater management plan or maintenance agreement
approval shall be accompanied by a processing and approval fee as set by the most
recent edition of the citys adopted fee schedule.
(B) Stormwater management plan review procedure.
(1) Process. Stormwater management plans and maintenance agreements meeting the
requirements of this chapter shall be submitted to the Engineering Division of the citys
Public Works Department for the Public Works Directors review and approval. The Public
Works Director shall recommend approval, approval with conditions, or denial of the
stormwater management plan and maintenance agreement to the Planning Commission.
Following Planning Commission review, the stormwater management plan and
maintenance agreement shall be submitted to the City Council for its review along with the
Planning Commissions recommendation.
(2) Duration. Approval of a stormwater management plan submitted under the provisions of
this chapter shall expire 2 years after the date of approval by the City Council unless
construction has commenced in accordance with the plan; however, if prior to the
expiration of the approval, the applicant makes a written request to the Public Works
Director for an extension of time to commence construction setting forth the reasons for
the requested extension, the City Council may grant 1 extension of not greater than 1 single
year.
(3) Revisions. A stormwater management plan or maintenance agreement may be revised. All
revised plans or agreements must contain all information required by this chapter and must
be reviewed and approved by the Public Works Director.
(4) Conditions. A stormwater management plan and maintenance agreement may be approved
by the City Council subject to compliance with conditions that are necessary to ensure that
the requirements contained in this chapter are met. Such conditions may, among other
matters, limit the size, kind, or character of the proposed development; require the
construction of structures, drainage facilities, storage basins, and other facilities; require
replacement of vegetation; establish required monitoring procedures; require that the work
be staged over time; require alteration of the sites design to ensure buffering; or require
the conveyance to the City city or other public entity of certain lands or interests therein.
(5) Approval. Upon approval of the stormwater management plan or maintenance agreement
by the City Council, the applicant shall enter into an agreement with the city to ensure that
any required improvements are constructed, any required easements are granted or
dedicated, and that there is compliance with any conditions imposed by the City Council.
The agreement shall guarantee completion and compliance with the conditions within a
specific time, which time may be extended by the City Council. The agreement shall be in
a form acceptable to the city.
(6) Financial guarantee. Upon approval of the stormwater management plan by the City
Council, the applicant shall submit a letter of credit, or cash escrow, to cover 125% of the
amount of the established cost of complying with the stormwater management plan. This
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financial guarantee shall be in a form acceptable to the city and may be incorporated into
the financial guarantee provided for grading activities or the financial guarantee provided
for street and utility activities.
(C) Stormwater management plan approval and implementation standards.
(1) Compliance with standards. No stormwater management plan which fails to meet the
standards contained in this subchapter Chapter shall be approved by the City Council.
(2) Adoption of design standards. The city adopts the State Pollution Control Agency
publication Protecting Water Quality in Urban Areas as its stormwater runoff design
standards.All stormwater management plans must be submitted to and approved by the
Public Works Director prior to the start of construction activity. At a minimum all
applicants shall meet the criteria set forth below and observe the standards established by
the NPDES Construction General Permit.
(3) Site de-watering. Water pumped from a site may not be discharged in a manner that causes
erosion or flooding of the site or receiving channels or a wetland.All stormwater
management plans must address erosion and sediment control and shall meet the criteria
of Chapter 54.45 through 54.54, inclusive.
(4) Waste and material disposal. All waste and unused building materials (including garbage,
debris, cleaning wastes, wastewater, toxic materials, or hazardous materials) shall be
properly disposed of off-site and not allowed to be carried by runoff into a receiving
channel or storm sewer system.
(5) NPDES permit. Any applicant required to obtain a national pollutant discharge elimination
system (NPDES) general stormwater permit from the State Pollution Control Agency shall,
prior to the start of construction, submit written verification of such permit to the city.
(6) Tracking. Each site shall have construction site entrances, graveled roads, access drives,
and parking areas of sufficient width and length to prevent sediment from being tracked
onto public or private roadways. Any sediment reaching a public or private road shall be
removed by street cleaning (not flushing) before the end of each workday.
(7) Drain inlet protection. All storm drain inlets shall be protected during construction until
control measures are in place with a straw bale, silt fence, or equivalent barrier meeting
accepted design criteria, standards, and specifications set forth in the State Pollution
Control Agency publication Protecting Water Quality in Urban Areas and amendments to
the publication.
(84) Stormwater management requirements for permanent facilities.
(a) An applicant shall install or construct, on or for the proposed land disturbing or
development activity, all stormwater management facilities necessary to meet
discharge rate the criteria outlined in of the citys cComprehensive wWater rResources
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mManagement pPlan, Design Criteria, and the NPDES Construction General Permit.
No private stormwater facilities will be approved by the city unless a maintenance plan
isand maintenance agreement are provided that defines who will conduct the
maintenance, the type of maintenance, and intervals of the maintenance. In the
alternative, or in partial fulfillment of this requirement and upon approval of the Public
Works Director, an applicant may make an in-kind or monetary contribution to the
development and maintenance of regional stormwater management facilities designed
to serve multiple land disturbing and development activities undertaken by 1 or more
persons, including the applicant.
(b) Proposed Stormwater Management Plans shall incorporate volume control, water
quality control, and rate control as the basis for stormwater management in the
proposed development plan on sites without restrictions. All proposed Development
and Redevelopment projects shall be in conformance with the City of Shakopees
Comprehensive Water Resources Management Plan, Design Criteria, and the most
current requirements of the Minnesota Pollution Control Agency (MPCA) Municipal
Separate Storm Sewer Systems (MS4) Permit, as applicable, meeting the more
restrictive criteria.
(bc) The applicant shall reduce the need for stormwater management facilities by
incorporating the use of natural topography and land cover such as wetlands, ponds,
natural swales, and depressions as they exist before development to the degree that
they can accommodate the additional flow of water without compromising the
integrity or quality of the wetland or pond.
(cd) The following stormwater management practices shall be investigated by the applicant
in developing a stormwater management plan in the following descending order of
preference, and the results of that investigation shall be provided to the city in written
form as a part of the application:
1. Natural infiltration of precipitation on-site;

2. Flow attenuation by use of open vegetated swales and natural depressions;
3. Green infrastructure by use of rain gardens, bioswales, constructed wetlands, and
other constructed infiltration practices;
34. Stormwater retention facilities; and
45. Stormwater detention facilities.
(de) A combination of stormwater management practices may be used to achieve the

applicable minimum control requirements specified in this chapter. Justification shall
be provided by the applicant for the method selected.
(ef) 1. A vegetative buffer shall be required for proposed open channel watercourses that
drain 50 acres or more. All provisions in this chapter relating to wetland buffers shall
also apply to watercourse buffers.
(g) 2. The following additional provisions shall also apply:.
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a1. Watercourses shall have a wetland management class of low as outlined in this
chapter to determine the required area and minimum width of the watercourse
buffer.
b2. The required area of the buffer shall be calculated using the average buffer width
as measured from the ordinary high water level (OHWL). If the OHWL has not
been established, the normal water level may be used. If the normal water level
is used, the applicant shall provide documentation prepared by an engineer
defining the normal water level of the watercourse.
c3. Buffers for watercourses are not required for those watercourses that require
mowing to maintain their designed hydraulic capacity, as determined by the
Public Works Director.
d4. Alterations to facilitate erosion control improvements to stabilize the
watercourse, including the use of hard-armoring such as riprap is allowed in
watercourse buffers with an approved grading permit for the activities. Equivalent
water quality treatment shall be provided for buffer areas impacted by these
activities.
(95) Pond design standards. Stormwater detention facilities constructed in the city shall be
designed according to standards established by the Engineering Division, and shall
contain, at a minimum, the following design factorsas prescribed in the citys Design
Criteria.:
(a) A permanent pool (dead storage) volume below the principal spillway (normal outlet)
which shall be greater than or equal to the runoff from a 2-1/2 inch rainfall over the
entire contributing drainage area assuming full development;
(b) A permanent pool average depth (basin volume/basin area) of 4 to 10 feet;
(c) An emergency overflow (emergency outlet) adequate to control the 1%

frequency/critical duration rainfall event;
(d) Basin side slopes below the 100-year high water level should be no steeper than 4:1,
and preferable flatter. A basin shelf with a minimum width of 10 feet and 1 foot deep
below the normal water level is recommended to enhance wildlife habitat, reduce
potential safety hazards, and improve access for long-term maintenance;
(e) To prevent short-circuiting, the distance between major inlets and the normal outlet
shall be maximized;
(f) A flood pool (live storage) volume above the principal spillway shall be adequate so
that the peak discharge rates meet the requirements of the citys comprehensive water
resources management plan;
(g) Pond outlets may not be smaller than the minimum size indicated in the citys
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(h) Consideration for aesthetics and wildlife habitat should be included in the design of the
pond;
(i) A skimming device must be provided to deter floatable pollutants from discharging out
of pond;
(j) Design of stormwater facilities shall accommodate the 100-year critical event (100-
year, 24-hour storm event or 10-day snowmelt event). This includes lakes, ponds, and
their outlets; and
(k) Pond normal water level elevations shall be established above the ordinary high water
level of adjacent public waters, except where topography of the site, floodplain
mitigation activities, or other design considerations are determined to be unfavorable
for these conditions to occur. This determination shall be performed by the applicants
engineer and approved by the Public Works Director.
(106) Infiltration requirements. Best management practices to manage for volume control and
infiltration will be required to the maximum extent practical in accordance with the citys
Design Criteria. MAXIMUM EXTENT PRACTICAL shall be defined as the infiltration
of runoff from a 100-year, 24-hour rainfall event within 72 hours.
(a) The maximum extent practical required may be less if the Public Works Director
determines that 1 or more of the following conditions apply. If 1 or more of the
following conditions apply, the Public Works Director shall quantify the amount of
infiltration that will be deemed as the maximum extent practical for the site:
1. The infiltration characteristics of soils on the site are not favorable for the
infiltration of stormwater;
2. The sites drainage course is to regional infiltration or detention facilities controlled
by the City city that reduce runoff volumes;
3. The development of the site does not increase the sites impervious areas; or
4. Other site conditions that make the infiltration of stormwater impractical as
determined by the Public Works Director.
(b) Infiltration will be discouraged or not permitted in the following situations:
1. When documented past, present, or anticipated future-land uses have resulted in or
may result in contamination coming in contact with stormwater runoff;
2. When the areas for infiltration available on the site have less than a 3-foot
separation from groundwater elevations;
3. Stormwater runoff shall be treated in a stormwater pond or by other means prior to
entering an infiltration facility; or
4. The minimum infiltration requirements for any region of the city will be the
requirements of the watershed district or watershed management organization
policies that govern that region. These policies may be met through the use of
regional or downstream systems prior to discharge of runoff to waters of the state.
(11) Inspection and maintenance. All stormwater management facilities shall be designed to
minimize the need for maintenance, to provide access for maintenance purposes, and to be structurally
sound. All stormwater management facilities shall have a plan of operation and maintenance that
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assures continued effective removal of pollutants carried in stormwater runoff. It shall be the
responsibility of the applicant to provide or obtain any necessary easements or other property interests
in order to allow the city access to the stormwater management facilities for inspection and
maintenance purposes.
(7) Mitigation.
(a) Where construction projects cannot meet the volume, TSS, or TP reduction requirements
for new development or redevelopment projects on the site of original construction, all
methods must be exhausted prior to considering alternative locations where volume and
treatment standards can be achieved. If the city has determined that all methods have
been exhausted, the permittee will be required to identify alternative locations where the
standards can be achieved or alternative methods in accordance with the citys Design
Criteria.
(128) Facilities. Stormwater and infiltration facilities must be located at least 50 feet away from
the top of a bluff.
(139) Watershed management plans/groundwater management plans. Stormwater

management plans shall be consistent with adopted watershed management plans and
groundwater management plans prepared approved by the State Board of Water and Soil
Resources.
(104) Easement. If the stormwater management plan involves direction of some or all runoff
off of the site, it shall be the responsibility of the applicant to obtain from adjacent
property owners any necessary easements or other property interests to permit the flow
of water across the property.
(115) Low-floor/building opening elevations.
(a) Any new development or redevelopment shall maintain a minimum building opening
elevation of at least 3 feet above the anticipated 100-year high water elevation as a
standard practice; however, if the applicant demonstrates that this requirement would
be a hardship, the standard may be reduced to 2 feet if all of the following can be
demonstrated:
1. Within the 2 foot freeboard area, stormwater storage is available which is equal to
or exceeds 50% of the stormwater storage currently available in the basin below the
100-year elevation;
2. A 25% obstruction of the basin outlet over a 24-hour period would not result in
more than 1 foot of additional bounce in the basin; and
3. An adequate overflow route from the basin is available that will provide 1 foot of
freeboard for the proposed low building opening.
(b) Basement floor elevations must be set to an elevation that meets all of the following
criteria:
1. The lowest floor elevation must be at least 4 feet above the currently observed
groundwater elevations in the area;
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2. The lowest floor elevation must be at least 2 feet above the elevation of any known
historic high groundwater elevations for the area. Information on historic high
groundwater elevations can be derived from any reasonable sources including
piezometer data, soil boring data, percolation testing logs, and the like; and
3. The lowest floor elevation must be at least 2 feet above the 100-year high surface
water elevation for the area unless it can be demonstrated that this standard creates
a hardship, if the 2- foot standard is determined by the City Council to constitute a
hardship, the standard shall be at least 1 foot above the highest anticipated
groundwater elevation resulting from a 100-year critical duration rainfall event.
The impact of high surface water elevations on groundwater elevations in the
vicinity of the structure should take into consideration the sites distance from the
floodplain area, the soils, the normal water elevation of surface depressions in the
area, the static groundwater table, and historic water elevations in the area. This
information shall be provided by a registered engineer or soil scientist.
(126) Impervious surface coverage. The impervious surface coverage of each lot must not
exceed the impervious surface coverage allowed under Ch. 151.
(137) Accommodation of discharge rates. Storm sewers shall be designed to accommodate

discharge rates associated with a 10-year, 24-hour rainfall event in accordance to the
Atlas14 data.
(2013 Code, 16.11) (Ord. 807, passed 9-25-2008)
54.16 STORMWATER AND URBAN RUNOFF POLLUTION CONTROL.
(A) Illegal disposal, discharges, and connections.
(1) No person shall intentionally dispose of leaves, grass clippings, dirt, gravel, or other
landscape debris, or anything other than stormwater into a street, road, alley, catch basin,
culvert, curb, gutter, inlet, ditch, natural watercourse, flood control channel, canal, or storm
drain. The following discharges are exempt from discharge prohibitions established by this
section:
(a) Water line flushing, landscape irrigation, diverted stream flows, rising ground waters,
uncontaminated ground water infiltration, uncontaminated pumped ground water,
discharges from potable water sources, foundation drains, air conditioning
condensation, irrigation water, springs, water from crawl space pumps, footing drains,
lawn watering, individual residential car washing, flows from riparian habitats and
wetlands, dechlorinated swimming pool discharges, and street wash water;
(b) Discharges or flow from firefighting, and other discharges authorized by the city in
writing that are necessary to protect public health and safety;
(c) Discharges associated with dye testing, however this activity requires verbal
notification to the city prior to the time of the test.
(d) The prohibition shall not apply to any non-stormwater discharge permitted under an
NPDES permit, waiver, or waste discharge order issued to the discharger and
administered under the authority of the federal Environmental Protection Agency,
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provided that the discharger is in full compliance with all requirements of the permit,
waiver, or order and other applicable laws and regulations, and further provided that
written approval has been granted for any discharges to the storm drain system.
(2) No person shall cause any illicit discharge to enter the city stormwater system. For the
purpose of this chapter, ILLICIT DISCHARGE is as defined in the citys stormwater
pollution prevention plan (SWPPP) completed for the citys municipal separate storm
sewer system (MS4) permit.
(3) No person shall use any illicit connection to intentionally convey non-stormwater to the
city stormwater system.
(a) This prohibition expressly includes, without limitation, illicit connections made in the
past, regardless of whether the connection was permissible under the law or practices
applicable or prevailing at the time of the connection.
(b) A person is considered to be in violation of this Chapter if the person connects a line
conveying sewage into the storm drain system, or allows such connection to continue.
(4) No person shall leave, deposit, discharge, dump, or otherwise expose any chemical or
septic waste in an area where discharge to streets, or a storm drain system may occur.
(B) Suspension of MS4 Access Maintenance of stormwater facilities.
(1) All private stormwater facilities shall be maintained by the property owner in a condition
consistent with the performance standards under which they were originally designed. All
settled materials from ponds, sumps, grit chambers, and other devices, including settled
solids, shall be removed by the property owner and properly disposed of at least once every
five years.
(2) One- to five-year waivers from this requirement may be granted by the Public Works
Director when the property owner presents evidence that the facility has additional capacity
to remove settled solids in accordance with the original design capacity.
(2013 Code, 16.11) (Ord. 807, passed 9-25-2008) Penalty, see 54.99
(1) Suspension due to Illicit Discharges in Emergency Situations. The city may, without prior
notice, suspend MS4 discharge access to a person when such suspension is necessary to stop
an actual or threatened discharge which presents or may present imminent and substantial
danger to the environment, or to the health or welfare of persons, or to the MS4 or Waters of
the United States. If the violator fails to comply with a suspension order issued in an
emergency, the city may take such steps as deemed necessary to prevent or minimize damage
to the MS4 or Waters of the United States, or to minimize danger to persons.
(2) Suspension Due to the Detection of Illicit Discharges. Any person discharging to the MS4 in
violation of this Chapter may have their MS4 access terminated if such termination would
abate or reduce an illicit discharge. The city will notify a violator of the proposed termination
of its MS4 access. The violator may petition the city for a reconsideration and hearing. A
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person commits an offense if the person reinstates MS4 access to premises terminated
pursuant to this Section, without the prior approval of the city.
(C) Monitoring of Discharges.
(1) Applicability. This section applies to all facilities that have storm water discharges associated
with industrial activity, including construction activity.
(2) Access to Facilities.
(a) The City of Shakopee or its designee shall be permitted to enter and inspect facilities
subject to regulation under this Chapter as often as may be necessary to determine
compliance with this Chapter. If a discharger has security measures in force which
require proper identification and clearance before entry into its premises, the discharger
shall make the necessary arrangements to allow access to representatives of the city.
(b) Facility operators shall allow the city or its designee ready access to all parts of the
premises for the purposes of inspection, sampling, examination and copying of records
that must be kept under the conditions of an NPDES permit to discharge storm water,
and the performance of any additional duties as defined by state and federal law.
(c) The city or its designee shall have the right to set up on any permitted facility such devices
as are necessary in the opinion of the city to conduct monitoring and sampling of the
facility's storm water discharge.
(d) The city or its designee has the right to require the discharger to install monitoring
equipment as necessary. The facility's sampling and monitoring equipment shall be
maintained at all times in a safe and proper operating condition by the discharger at its
own expense. All devices used to measure stormwater flow and quality shall be calibrated
to ensure their accuracy.
(e) Any temporary or permanent obstruction to safe and easy access to the facility to be
inspected and sampled shall be promptly removed by the operator at the written or oral
request of the city and shall not be replaced. The costs of clearing such access shall be
borne by the operator.
(f) Unreasonable delays in allowing the city or its designee access to a permitted facility is
a violation of a storm water discharge permit and of this Chapter. A person who is the
operator of a facility with a NPDES permit to discharge storm water associated with
industrial activity commits an offense if the person denies the city reasonable access to
the permitted facility for the purpose of conducting any activity authorized or required
by this Chapter.
(g) If the city or its designee have been refused access to any part of the premises from
which stormwater is discharged, and he/she is able to demonstrate probable cause to
believe that there may be a violation of this Chapter, or that there is a need to inspect or
sample as part of a routine inspection and sampling program designed to verify
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compliance with this Chapter or any order issued hereunder, or to protect the overall
public health, safety, and welfare of the community, then the city may seek issuance of
a search warrant from any court of competent jurisdiction.
(D) Watercourse protection. Every person owning or occupying premises through which a
watercourse passes, shall keep and maintain that part of the watercourse within the
premises free of trash, debris, excessive vegetation, and other obstacles that would pollute,
contaminate, or significantly retard the flow of water through the watercourse. In addition,
the owner or occupant shall maintain existing privately owned structures within or adjacent
to a watercourse so that such structures will not become a hazard to the use, function, or
physical integrity of the watercourse.
(E) Notification of spills. Notwithstanding other requirements of law, as soon as any person
responsible for a facility or operation or responsible for emergency response for a facility
or operation has information of any known or suspected release of materials which are
resulting or may result in illegal discharges or pollutants discharging into stormwater, the
storm drain system, or waters of the state, said person shall take all necessary steps to
ensure the discovery, containment, and cleanup of such release. In the event of such a
release of hazardous materials, said person must immediately notify emergency response
agencies of the occurrence via emergency dispatch services. In the event of a release of
nonhazardous materials, said person shall notify the city no later than the next business
day. Notifications in person or by phone shall be confirmed by written notice addressed
and mailed to the city within three business days of the personal or phone notice. If the
discharge of prohibited materials originates from an industrial establishment, the owner or
operator of such establishment shall also retain an on-site written record of the discharge
and the actions taken to prevent its recurrence. Such records must be retained for at least
three years.
(F) Enforcement.
(1) Notice of Violation. Whenever the city finds that a person has violated a prohibition or failed
to meet a requirement of this Chapter, the city may order compliance by written notice of
violation to the responsible person. Such notice may require without limitation:
(a) The performance of monitoring, analysis, and reporting;

(b) The elimination of illicit connections or discharges;
(c) That violating discharges, practices, or operations shall cease and desist;
(d) The abatement or remediation of storm water pollution or contamination hazards and the
restoration of any affected property; and
(e) Payment of a fine to cover administrative and remediation costs; and
(f) The implementation of source control or treatment BMPs.
(2) Appeal of Notice of Violation. Any person receiving a Notice of Violation may appeal the
determination to the City Council. The notice of appeal must be received within 15 days after
the date of the Notice of Violation. Hearing on the appeal shall take place within 30 days
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after the date of receipt of the notice of appeal. The decision of the City Council shall be
final.
(3) Enforcement Measures After Appeal. If the violation has not been corrected pursuant to the
requirements set forth in the Notice of Violation, or, in the event of an appeal, within 15 days
after the decision of the City Council, the city may enter upon the subject property and take
any and all measures necessary to abate the violation and restore the property. It shall be
unlawful for any person, owner, agent or person in possession of any premises to refuse to
allow the city or its designated contractor to enter upon the property for the purposes set forth
above.
(4) Cost of Abatement of the Violation. Within 30 days after abatement of the violation, the
owner of the property will be notified of the cost of abatement, including administrative
costs. The property owner may file a written protest objecting to the amount of the
assessment within 15 days. If the amount due is not paid within a timely manner as
determined by the decision of the City Council or by the expiration of the time in which to
file an appeal, the charges shall become a special assessment against the property and shall
constitute a lien on the property for the amount of the assessment.
(5) Injunctive Relief. If a person has violated or continues to violate the provisions of this
Chapter, the city may petition the district court for a preliminary or permanent
injunction restraining the person from activities that would create further violations or
compelling the person to perform abatement or remediation of the violation.
(6) Compensatory Action. In lieu of enforcement proceedings, penalties, and remedies

authorized by this Chapter, the city may impose upon a violator alternative compensatory
actions, such as storm drain stenciling, attendance at compliance workshops, creek cleanup,
etc.
(7) Violations Deemed a Public Nuisance. In addition to the enforcement processes and penalties
provided, any condition caused or permitted to exist in violation of any of the provisions of
this Chapter is a threat to public health, safety, and welfare, and is declared and deemed a
nuisance, and may be summarily abated or restored at the violator's expense, and a civil
action to abate, enjoin, or otherwise compel the cessation of such nuisance may be taken.
(1)(8) Remedies Not Exclusive. The remedies listed in this Section are not exclusive of
any other remedies available under any applicable federal, state or local law and it is within
the discretion of the city to seek cumulative remedies.
54.17 LAWN FERTILIZATION RESTRICTIONS.
(A) Timing of fertilizer application. No lawn fertilizer shall be applied when the ground is
frozen and in no event during the period of November 15 through April 1 of the succeeding
year.
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(B) Impervious surfaces. Lawn fertilizer shall not be applied, spilled, or otherwise deposited
on any impervious surface. Any lawn fertilizer applied, spilled, or deposited, either
intentionally or accidentally, on an impervious surface shall be immediately and
completely removed.
(C) Buffer zones. No lawn fertilizer shall be applied within any established wetland buffer zone
or within 20 feet of the edge of any wetland, pond, river, creek, or lake.
(D) Lawn fertilizer content and application rate. No lawn fertilizer containing any amount of
phosphorus or other compounds containing phosphorus, such as phosphate shall be applied
to any turf within the city except when the following conditions apply:
(1) Newly established turf areas for the turfs first growing season; or
(2) In turf areas in which a soil test confirms that the turf area is below phosphorus levels
established by the University of Minnesota Extension Service. The fertilizer to be
applied shall not contain an amount of phosphorus that exceeds the amount
recommended in the soil test evaluation.
(E) Notice requirement. Retail businesses selling lawn fertilizer containing phosphorus shall
post a notice in a conspicuous location near the law fertilizer notifying customers of the
limitation on the use of lawn fertilizer containing phosphorous contained in this
subchapterChapter.
(2013 Code, 16.11) (Ord. 807, passed 9-25-2008)
WETLAND MANAGEMENT
54.30 AREAS AFFECTED.
This subchapterChapter applies to all parcels containing wetlands as defined by the 1987 Corp of
Engineers Wetlands Delineation Manual. This subchapter Chapter also applies to any parcel
located near a wetland that would be required by this chapter to have a wetland buffer or wetland
buffer setback.
(2013 Code, 16.12) (Ord. 807, passed 9-25-2008)
54.31 WETLAND ASSESSMENT AND DELINEATION.

(A) A wetland assessment and delineation shall be submitted to the Engineering Division of
the citys Public Works Department when required by this chapter for review. The Public Works
Director shall recommend approval, approval with conditions, or denial of the wetland assessment
and delineation to the Planning Commission. Following Planning Commission review, the wetland
assessment and delineation shall be submitted to the City Council for its review along with the
(B) (B) The wetland assessment report and delineation must be performed and prepared by
a qualified wetland specialist. Wetland delineation in the report shall be shown on a scaled
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drawing that also shows the location of existing and proposed property lines, buildings,
and other topographic features of the site. For each wetland delineated in the report, a
wetland management class as defined by the State Routine Assessment Method (MNRAM)
for evaluating wetland functions - Version 3.1 or later version - must be assigned.
(2013 Code, 16.11) (Ord. 807, passed 9-25-2008)
54.32 WETLAND BUFFERS.
For any parcel created or redeveloped, a wetland buffer as defined in this subchapter Chapter is
required.
(A) Required wetland buffer dimensions.
(1) Wetland buffer dimensions will be based on the wetlands management class as defined by
MNRAM.
Wetland Management Class Average Required Buffer Minimum Required Buffer

(MNRAM) Width (feet) Width (feet)
A Exceptional 65 25
B High 50 25
C Medium 35 25
C Low 25 25
(2) The required area of the wetland buffer shall be calculated using the average buffer width
as measured from the delineated wetland edge.
(B) Required wetland buffer vegetation. Vegetation within a wetland buffer shall be
established and maintained as follows.:
(1) The first 25 feet of the wetland buffer as measured from the wetland delineation or public
waters wetland ordinary high water level (OHWL) must not be disturbed during project
construction (i.e. cleared or graded), with the exception of temporary disturbances for
public roads and utility construction. This area must be protected from disturbance with
temporary fencing prior to construction. If it is necessary to establish acceptable vegetation
within the area so that it is in compliance with the vegetation requirements of this
subchapterChapter, vegetation may be removed and replaced, and site soils preparation
work may be performed within this area.
(2) Where acceptable natural vegetation exists within the wetland buffer, the retention of such
vegetation in an undisturbed state is required unless the applicant receives approval from
the Public Works Director to replace such vegetation. A wetland buffer is considered to
have acceptable natural vegetation if it has a continuous, dense layer of perennial grasses,
or an overstory of trees or shrubs that have been uncultivated or unbroken for at least five
consecutive years. The city may determine existing vegetation to be unacceptable if the
wetland buffer has undesirable characteristics such as noxious or invasive plant species or
topography that channelizes the flow of runoff.
(3) (a) In cases where the wetland buffer does not contain vegetation or has been cultivated
or otherwise disturbed within five years of the application, the wetland buffer area must be
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replanted with native seed mix approved by the Public Works Director and maintained
until it is established.
(b) The proposed types of wetland buffer plantings, proposed maintenance, and
monitoring activities and schedule must be identified on the application. Any vegetation
planted within the wetland buffer are independent of any landscaping that may be required
elsewhere on the property by the city.
(c) During the first 2 full growing seasons, the owner must replant any wetland buffer
vegetation that does not survive. After this time, the owner shall remain responsible for re-
seeding or replanting vegetation within the wetland buffer if it changes at any time due to
human intervention or activities.
(C) Wetland buffer easements and markers. When a wetland buffer is required pursuant to
this subchapterChapter, the applicant shall prior to issuance of any building permits by the
city:
(1) Submit to the city for its approval a conservation easement in favor of the city for protection
of the wetland buffers and wetlands on the property, or include the wetland buffer and
wetlands in an outlot dedicated to the city as part of the plat. The conservation easement
shall legally describe the boundaries of the wetland or public waters wetland and the
wetland buffer and identify the marker locations;
(2) Record the conservation easement or final plat with the county and submit evidence thereof
to the city;
(3) Wetland buffers shall be marked to clearly designate their boundaries. At least 1 marker
shall be required on each lot. There shall be at least 1 marker every 200 feet along the edge
of the wetland buffer; and
(4) A marker shall consist of a post and a sign indicating the presence of a wetland buffer. The
applicant will be required to furnish and install 4 by 4 inch sign posts to a height of 5 feet
above finished grade. The city will furnish and install the signs. If the applicant does not
install the posts, the city will furnish and install them. Fees incurred by the city for post
furnishing and installation will be paid by the applicant.
(D) Wetland buffer alterations.
(1) Alterations including building or placement of structures, storage of materials, paving,

mowing, plowing, introduction of noxious vegetation, cutting for non-management
purposes, dredging, filling, mining, dumping, grazing livestock, agricultural production,
yard waste disposal, or fertilizer application, are prohibited within the wetland buffer.
(2) The following activities shall be permitted in the wetland buffer and shall not constitute
prohibited alterations:
(a) Removal of noxious vegetation such as, but not limited to, European buckthorn, purple
loosestrife, and reed canary grass;
(b) Installation of new plantings that enhance the natural vegetation;
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(c) Selective clearing or pruning of trees or vegetation that are dead, diseased, or pose
similar hazards;
(d) Use and maintenance of 1 unimproved access strip through the wetland buffer for
recreational access to a watercourse, where permitted. The strip shall be no greater than
20 feet in width;
(e) Construction, maintenance, repair, reconstruction, or replacement of existing and
future public roads, utilities, or drainage systems within a wetland buffer, so long as
any adverse impacts of the construction and installation on the function of the wetland
buffer have been avoided or minimized to the extent practical and the activity has been
approved by the city;
(f) Construction of individual sewage treatment systems (ISTS) so long as the vegetation
growing on the system is maintained in accordance with this subchapter Chapter, the
area for the ISTS is not credited as wetland buffer area, and the edge of the ISTS is
located at least 35 feet from the delineated wetland edge;
(g) Clearing, grading, and seeding if part of a wetland replacement plan approved by the
city;
(h) Maintenance, repair, or replacement of trails; and
(i) Placement or maintenance of ponds or other stormwater treatment facilities, so long as
the area of the pond is not credited as wetland buffer area and the embankment of the
pond is located at least 35 feet from the delineated wetland edge.
(E) Exceptions.
(1) Wetland buffers and structure setbacks are not requited for any residentially zoned lot of
record as of the effective date of this chapter.
(2) Wetland buffers and structure setbacks are not required for any wetland that qualifies for
a de minimus exemption under the Wetland Conservation Act.
(3) Wetland buffers and structure setbacks are not required for any wetland qualifying for an
incidental wetland exemption under the Wetland Conservation Act.
(2013 Code, 16.11)
54.33 STRUCTURE SETBACKS.
(A) Parcels that are newly created or redeveloped after the effective date of this chapter are
required to have a structure setback from the wetland buffer for all new structures.
(B) The structure setback shall be measured from outer edge of the wetland buffer.
(C) For residential parcels, a 30-foot front and rear yard structure setback and a 10-foot side
yard structure setback is required from the wetland buffer.
(D) All nonresidential parcels shall be required to provide a 10-foot structure setback for front,
rear and side yards.
(2013 Code, 16.12) (Ord. 807, passed 9-25-2008)
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EROSION AND SEDIMENT CONTROL
54.45 EROSION CONTROL PLAN.
(A) An erosion control plan shall be submitted to the Engineering Division of the citys Public
Works Department when required by this chapter along with a grading permit application.
All applications for a grading permit shall be accompanied by a processing and approval
fee as set by the city fee schedule.
(B) The erosion control plan shall contain all of the following with respect to conditions
existing on site during construction and after final structures and improvements have been
completed.
(1) A description of and specifications for sediment retention and settling devices;
(2) A description of, specifications for, and detail plates for surface runoff and erosion control
devices;
(3) A description of vegetative measures;
(4) A detailed timetable for restoring all disturbed areas;
(5) A graphic representation of the location of all specified erosion and sediment control
devices;
(6) An implementation schedule for installing and subsequently removing devices described
above;
(7) A maintenance schedule for all sediment and erosion control devices specified;
(8) An estimate of the costs to implement all final and temporary erosion and sediment control
measures;
(9) An information sheet on the parties responsible for constructing and maintaining the
erosion control measures as shown on the erosion control plan. The information sheet
should contain the phone numbers and addresses of at least 2 persons and indicate how
they can be contacted at all times (days, nights, weekends, and the like) regarding
repairing and maintaining the erosion control measures;
(10) The erosion control plan must contain details to specify which erosion and sediment
control facilities are permanent and which are temporary; and
(11) If required, a nationwide pollutant discharge elimination system (NPDES) general
stormwater permit must be obtained from the State Pollution Control Agency prior to
commencing construction activities. The associated stormwater pollution prevention plan
(SWPPP) should be included in the erosion control plan and approved by the Public
Works Director prior to construction. A copy of the NPDES permit must be provided to
the city prior to construction.
(2013 Code, 16.13) (Ord. 807, passed 9-25-2008)
54.46 PROCESS.
Erosion control plans meeting the requirements of this chapter shall be submitted to the
Engineering Division of the citys Public Works Department for the Public Works Directors
review and approval. The Public Works Director shall recommend approval, approval with
conditions, or denial of the erosion control plan to the Planning Commission. Following Planning
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Commission review, the erosion control plan shall be submitted to the City Council for its review
along with the Planning Commissions recommendation.
(2013 Code, 16.13) (Ord. 807, passed 9-25-2008)
54.47 IMPLEMENTATION OF AN EROSION CONTROL PLAN.
Prior to the start of any earthwork activities, the permittee must have in place and functional the
erosion controls as outlined on the approved erosion control plan. Additional erosion control
measures may be required as directed by the Public Works Director.
(A) No earth moving activities shall commence until the erosion controls have been field
inspected and approved by the Public Works Director.
(A)(B) At a minimum, the permittee must meet the Erosion Control specifications set
forth within the citys Design Criteria and observe the standards established in the
NPDES Construction General Permit requirements.
(B)(C) The permittee must maintain the erosion control on the site to the process. If the
erosion control is not being maintained to the Directors satisfaction, the city may perform
remedial work on the site as outlined in this subchapterChapter.
(C)(D) All erosion control systems must be maintained by the permittee in an acceptable
condition until turf is established or structural surfaces are constructed to protect the soil
from erosion.
(2013 Code, 16.13) (Ord. 807, passed 9-25-2008)
54.48 FINANCIAL SECURITY.
(A) Upon approval of the erosion control plan by the City Council, the applicant shall submit a
letter of credit, or cash escrow, to cover 125% of the amount of the established cost of
complying with the erosion control plan. This financial guarantee shall be in a form
acceptable to the city and may be incorporated into the financial guarantee required for
grading activities.
(B) The city may draw on the letter of credit or cash escrow after providing the permittee with
at least five business days notice.
(C) The city may act against the financial security if any of the conditions listed below exist:
(1) The permittee ceases land-disturbing activities or filling and abandons the work site prior
to completion of the grading plan;
(2) The permittee fails to conform to the approved grading or erosion control plan;
(3) The techniques utilized under the erosion control plan fail within 1 year of installation;
or;
(4) The Public Works Director has determined that additional action on the site is necessary
to prevent excessive erosion from occurring.
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(D) The city may use the funds from the financial security to reimburse itself for any remedial
work undertaken by the city or its contractor, and for any administrative costs incurred in
the process of performing the remedial work including, but not limited to, staff time, and
attorneys fees.
(E) The financial security deposited with the city for faithful performance of the grading and
erosion control work shall be released 1 year after the ground cover and other erosion
control measures have been installed. All temporary erosion control measures, such as silt
fences and hay bales, must be removed from the site prior to the city releasing the financial
security.
(2013 Code, 16.13) (Ord. 807, passed 9-25-2008)
54.49 INSPECTION OF EROSION CONTROL PLAN.

The city will make periodic inspections of the site to ensure compliance with the erosion control
plan.
(A) The permittee or his/her agent shall ensure that a trained and certified person will regularly
inspect the construction site at least once every seven days until final stabilization and within
24 hours of a rainfall event of one-half inch or greater in a 24 hour period. All inspection and
maintenance activities conducted on the site during construction must be recorded in writing
and retained within the erosion control plan and provided to the city. Records of each
inspection and maintenance activity shall include the following:
1. Date and time of inspection;

2. Name(s) of persons conducting the inspection;
3. Findings of inspections, including recommendations for corrective actions;
4. Corrective actions taken, including the dates, times and the name of the party
completing the corrective action;
5. Date and the amount of rainfall events that are greater than one-half inch in a 24 hour
period; and
6. Documentation of any changes made to the erosion and sediment control plan.
(B) Site and BMP Maintenance. Prior to any construction, the developer shall provide the
Public Works Director with a schedule for erosion and sediment control inspection and
maintenance, including schedules for street cleaning, and street sweeping. All site and
BMP maintenance activities must comply with the requirements of the NPDES
construction general permit. The applicant shall investigate and comply with the
following BMP maintenance requirements:
1. Silt fence: All silt fences must be repaired, replaced or supplemented when they
become nonfunctional or the sediment reaches one-half (1/2) of the height of the
fence. Repairs shall be made by the end of the next business day after discovery or
as soon as field conditions allow access.
2. Temporary Sediment Basins: Temporary sedimentation basins must be drained and

the sediment must be removed when the depth of the sediment collected in the basin
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reaches one-half the storage volume. Drainage and removal must be completed
within 72 hours of discovery or as soon as field conditions allow access.
3. Surface Waters and Conveyance Systems: Surface water, including drainage ditches
and conveyance systems, must be inspected for visible signs of sediment being
deposited by erosion. The applicant must remove all sediment deposited in surface
waters, including drainage ways, catch basins, and other drainage systems and must
restabilize the areas of exposed soil as a result of sediment removal. The removal and
stabilization must take place within seven days of discovery unless legal, regulatory
or physical access constraints prevent remediation. In the event of an access
constraint, the applicant shall use all reasonable efforts to obtain access. If access is
precluded, removal and stabilization must take place within seven calendar days of
obtaining access. The applicant is responsible for contacting all local, regional, state
and federal authorities and obtaining any required permits prior to conducting any
work.
4. Streets and Paved Surfaces: Where vehicle traffic leaves any part of the site, the exit
locations must be inspected for visible signs of off-site sediment tracking onto paved
surfaces. The construction entrance pad BMP must remain clean and tracked
sediment must be removed from all off-site paved surfaces as soon as possible or
within 24 hours of discovery.
5. General Maintenance: The applicant shall be responsible for the operation and
maintenance of temporary and permanent water quality management BMPs, as well
as erosion prevention and sediment control BMPs for the duration of the construction
work on the site. The applicant remains responsible until another party has assumed
control over all areas of the site that have not established final stabilization and a
Notice of Termination (NOT) has been submitted to the Minnesota Pollution Control
Agency.
6. Infiltration Areas: All infiltration areas must be inspected to ensure that no sediment
from ongoing construction activities is reaching the infiltration area and these areas
are protected from compaction caused by construction equipment driving across the
infiltration area.
(2013 Code, 16.13) (Ord. 807, passed 9-25-2008)
54.50 APPLICATION REVIEW AND INSPECTION FEES.
(A) The city shall charge an application review fee for the review of the erosion control permit
application and the erosion control plan. As part of this review, the city will review the permittees
as-built survey submitted after the completion of grading activities to ensure that it conforms to
the overall erosion control plan for the area. The application fee shall be set by the city fee
schedule. If this fee is not paid with 45 days, the fee may be taken from the financial security
provided by the applicant.
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(B) (1) An inspection fee will be charged for any inspections of the site by the city that are
needed to review corrective erosion control work or to follow up on previously incomplete work.
This inspection fee will be deducted from the financial security.
(2) The amount will be set by the city fee schedule. If this fee is not paid within 45 days,
the fee may be taken from the financial security posted by the applicant.
(2013 Code, 16.13)
54.51 NOTIFICATION OF FAILURE OF EROSION CONTROL PLAN.
The city shall notify the permittee of the failure of the erosion control measures that have been
constructed. The notification will be by phone or fax to the parties listed on the information sheet
required by this subchapterChapter. The city, at its discretion, may begin remedial work within 48
hours after notification has been provided.
(2013 Code, 16.13) (Ord. 807, passed 9-25-2008)
54.52 EROSION OFF-SITE.
If erosion breaches the perimeter of the site, the permittee shall immediately develop a cleanup
and restoration plan, obtain a right-of-entry from the adjoining property owner, and implement
the cleanup and restoration plan within 48 hours of obtaining the adjoining property owners
permission. In no case, unless written approval is received from the Public Works Director may
more than 7 calendar days pass without any corrective action being taken. If at the discretion of
the city, the permittee does not repair the damage caused by the erosion, the city may perform the
remedial work required, after notice is provided to the permittee.
(2013 Code, 16.13) (Ord. 807, passed 9-25-2008)
54.53 EROSION INTO STREETS, WETLANDS, OR WATER BODIES.
If eroded soils enter, or entrance appears imminent into streets, wetlands, or other water bodies,
cleanup and repair shall be immediate. The permittee shall provide all traffic control and flagging
required to protect the traveling public during the cleanup operations. If, at the discretion of the
city, the permittee does not repair the erosion, the city may perform the remedial work required,
after notice is provided to the permittee.
(2013 Code, 16.13)
54.54 FAILURE TO DO CORRECTIVE WORK.

When a permittee fails to conform to any provision of this subchapter Chapter within the time
stipulated, the city may take the following actions:
(A) Withhold the scheduling of inspections;
(B) Withhold the issuance of a certificate of occupancy;
(C) Issue a Notice of Violation. When the city determines that an activity is not being carried
out in accordance with the requirements of this Chapter, it shall issue a written notice of violation
to the owner of the property. The notice of violation shall contain:
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a. The name and address of the owner or applicant;
b. The address when available or a description of the land upon which the violation is
occurring;
c. A statement specifying the nature of the violation;
d. A description of the remedial measures necessary to bring the development activity
into compliance with this Chapter and a time schedule for the completion of such
remedial action(s);
e. A statement of the penalty or penalties that shall or may be assessed against the person
to whom the notice of violation is directed, and;
f. A statement that the determination of violation may be appealed to the city by filing
a written notice of appeal within 15 days of service of the notice of violation. Service
may be accomplished by mail or by personal delivery of the notice.
(CD) Issue a stop-work order;

(DE) Direct the correction of the deficiency by city forces or separate contract. The issuance of
an erosion control permit constitutes a right-of-entry for the city or its contractor to enter upon the
construction site for the purpose of correcting deficiencies with respect to erosion control. All costs
incurred by the city in correcting erosion control deficiencies, including administrative expenses,
shall be reimbursed by the permittee. If payment is not made within 30 days after an invoice is
issued, the city may draw from the financial security, if the financial security is of an insufficient
amount, the city may assess the remaining amount against the property. As a condition of the
permit, the owner shall be required to waive notice of any assessment hearing to be conducted by
the city, concur that the benefit to the property exceeds the amount of the proposed assessment,
and waive all rights by virtue of M.S. 429.081, as it may be amended from time to time, to
challenge the amount or validity of the assessment.
(2013 Code, 16.13) (Ord. 807, passed 9-25-2008)
54.99 PENALTY.
(A) A person violating any provision of this chapter shall be guilty of a misdemeanor and upon
conviction shall be subject to the penalties imposed by state statutes for misdemeanor offenses.
(2013 Code, 16.13)
(B) For the first 12 months following the effective date of 54.15 through 54.17, no penalty
shall attach to a violation of 54.15 through 54.17. Thereafter, a person violating any provision
of 54.15 through 54.17 shall be guilty of a petty misdemeanor and upon conviction shall be
subject to the penalties imposed by state statutes for petty misdemeanor offenses.
(2013 Code, 16.11) (Ord. 807, passed 9-25-2008)
Section 2. Effective Date. This ordinance becomes effective from and after its passage and
publication.
Adopted in regular session of the City Council of the City of Shakopee, Minnesota held this 17
day of October, 2017.
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___________________________________
Attest:
_________________________,
City Clerk
Published in the Shakopee Valley News on the ______ day of _____________, 2017.
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ORDINANCE NO. 972
AN ORDINANCE OF THE CITY OF SHAKOPEE, MINNESOTA AMENDING

SHAKOPEE CITY CODE CHAPTER 54, WATER RESOURCES MANAGEMENT
THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, ORDAINS:

Section 1. Chapter 54 of the Shakopee City Code is amended to read as follows:
CHAPTER 54: WATER RESOURCES MANAGEMENT
General Provisions
54.01 Title
54.02 Purpose
54.03 Scope
54.04 Application of this chapter
54.05 Severability
54.06 Incorporation by Reference
Stormwater Management
54.14 Definitions
54.15 Stormwater management plan
54.16 Stormwater and urban runoff pollution control
54.17 Lawn fertilization restrictions
Wetland Management
54.30 Areas affected
54.31 Wetland assessment and delineation
54.32 Wetland buffers
54.33 Structure setbacks
Erosion and Sediment Control

54.45 Erosion control plan
54.46 Process
54.47 Implementation of an erosion control plan
54.48 Financial security
54.49 Inspection of erosion control plan
54.50 Application review and inspection fees
54.51 Notification of failure of erosion control plan
54.52 Erosion off-site
54.53 Erosion into streets, wetlands, or water bodies
54.54 Failure to do corrective work
54.99 Penalty
Cross-reference:
Stormwater, see Ch. 53
Page 79 of 320
GENERAL PROVISIONS
54.01 TITLE.
This chapter shall be known and may be referred to as the Water Resource Ordinance or the
Water Resource Chapter. When referred to herein it shall be known as this Chapter.
(2013 Code, 16.01) (Ord. 807, passed 9-25-2008)
54.02 PURPOSE.
(A) This Chapter is established to promote, preserve and enhance natural resources within the
city and protect them from adverse effects occasioned by poorly-sited development or
incompatible activities by regulating land disturbing or development activities that would
have an adverse and potentially irreversible impact on water quality and unique or fragile
environmentally sensitive land.
(B) This Chapter minimizes conflicts and encourages compatibility between land disturbing
and development activities and environmentally sensitive lands. By requiring detailed
review standards and procedures for land disturbing or development activities proposed for
such areas, this chapter achieves a balance between urban growth and development and the
protection of water and natural resources within the city. (2013 Code, 16.01) (Ord. 807,
passed 9-25-2008)
54.03 SCOPE.
(A) Applicability.
(1) Every applicant for subdivision approval, a conditional use permit, or a grading permit to
allow land disturbing activities must submit a stormwater management plan to the
Engineering Division of the citys Public Works Department. The stormwater management
plan shall be submitted with the land use application, grading permit application, or as
issued until approval of the stormwater management plan or a waiver has been obtained in
conformance with the provisions of this chapter.
(2) Every applicant for subdivision approval or a grading permit that involves wetland
disturbing activities or work near wetlands must submit a wetland assessment and
delineation report to the Engineering Division. The wetland assessment and delineation
report shall be submitted with the land use application, grading permit application, or as
issued until approval of the wetland replacement plan application or a certificate of
exemption has been obtained in conformance with the provisions of this chapter and the
State Wetland Conservation Act of 1991, M.S. 103G.222 through 103G.2375, as they
may be amended from time to time, (WCA).
Page 80 of 320
(3) Every applicant for a building permit, subdivision approval, conditional use permit, or a
grading permit must submit an erosion control plan to the Engineering Division. The
erosion control plan shall be submitted with the building permit application, land use
application, grading permit application, or as directed by the Public Works Director. No
grading permit or building permit will be issued until approval of the erosion control plan
has been obtained in conformance with the erosion control measures, standards, and
specifications contained in the State Pollution Control Agency publication, Minnesota
Stormwater Manual, or as otherwise approved by the Public Works Director.
(4) Construction, improvement, repair, or alteration of bridges, culvert crossings, driveways,

roads, or utilities must obtain a grading permit if the activity involves crossing or impacting
a watercourse with a tributary area in excess of 100 acres. The applicant shall provide
documentation prepared by an engineer demonstrating that the hydraulic capacity of the
watercourse conforms to the citys comprehensive water resources management plan and
that activities improve watercourse stability.
(B) Exemptions. The provisions of this chapter do not apply to:
(1) Any part of a subdivision if a preliminary plat for the subdivision that has been approved
by the City Council on or before the effective date hereof;
(2) Any land disturbing activity for which plans have been approved by the watershed
management organization having jurisdictional control of the land within 6 months prior
to the effective date hereof;
(3) Installation of fence, sign, telephone, and electric poles and other kinds of posts or poles;
(4) Emergency work to protect life, limb, or property.
(C) Waiver. The Public Works Director may waive any of the requirements of this chapter upon
making a finding that compliance with the requirement will involve an unnecessary
hardship and the waiver of such requirement will not adversely affect the water quality and
natural resources of the city or adversely impact environmentally sensitive land. The Public
Works Director may require as a condition of the waiver that the applicant dedicate
easements or construct certain facilities as the Public Works Director deems necessary.
(2013 Code, 16.01) (Ord. 807, passed 9-25-2008)
54.04 APPLICATION OF THIS CHAPTER.
(A) In their interpretation and application, the provisions of this chapter shall be the
requirements for the promotion of water resource management within the city.
(B) Where any provision of this chapter is either more restrictive or less restrictive than a
comparable provision imposed by any other code, ordinance, statute, rule, or regulation of
Page 81 of 320
any kind, the more restrictive provision, or the provision which imposes a higher standard
or requirement shall prevail.
(C) Words or terms defined in this chapter shall have the meanings assigned to them unless
such meaning is clearly contrary to the intent of this chapter. The present tense shall include
the past and future tenses.
(2013 Code, 16.01) (Ord. 807, passed 9-25-2008)
54.05 SEVERABILITY.
Every section of this Chapter is declared separable from every other section. If any section is held
to be invalid by competent authority, no other section shall be invalidated by such action or
decision.
54.06 INCORPORATION BY REFERENCE.
The following are hereby incorporated into this Chapter by reference:
(A) The National Pollutant Discharge Elimination System Permit, MN R100001 (NPDES
Construction General Permit) issued by the Minnesota Pollution Control Agency, August
1, 2013, as amended. The NPDES Construction General Permit is incorporated into this
chapter by reference.
(B) The citys Design Criteria document. These standards shall serve as the official guide for
stormwater principles, methods, and practices for proposed development activities. The
citys Design Criteria document is incorporated into this Chapter by reference.
STORMWATER MANAGEMENT
54.14 DEFINITIONS.
For the purpose of this chapter, the following definitions shall apply unless the context
clearly indicates or requires a different meaning.
APPLICANT. Any person who wishes to obtain a building permit, zoning or subdivision approval.
BEST MANAGEMENT PRACTICE (BMP). Practices to reduce the volume of runoff, and
improve water quality, to prevent pollution of waters of the state. Best Management Practices are
designed to reduce stormwater runoff volume, peak flows, and nonpoint source pollution through
evapotranspiration, infiltration, detention, and filtration, and may include activities, prohibitions
of practices, treatment requirements, operating procedures, and other management practices.
CONSTRUCTION ACTIVITY. Any disturbance to the land that results in a change in the
topography, existing soil cover, or the existing soil topography that may result in accelerated
stormwater runoff, including clearing, grading, filling, and excavating.
Page 82 of 320
CONTROL MEASURE. A practice or combination of practices to control erosion and
attendant pollution.
FLOOD FRINGE. The portion of the flood plain outside of the flood way.
FLOOD PLAIN. The areas adjoining a watercourse or water basin that have been or may
be covered by a regional flood.
FLOOD WAY. The channel of the watercourse, the bed of water basins, and those portions of
the adjoining flood plains that are reasonably required to carry and discharge flood water and
provide water storage during a regional flood.
HYDRIC SOILS. Soils that are saturated, flooded, or ponded long enough during the growing
season to develop anaerobic conditions in the upper part.
HYDROPHYTIC VEGETATION. Macrophytic plant life growing in water, soil, or on a

substrate that is at least periodically deficient in oxygen as a result of excessive water content.
IMPERVIOUS SURFACE. Any surface area that releases as runoff all or a majority of the
precipitation that falls on it. Impervious surface includes rooftops, sidewalks, driveways, parking
lots, and streets unless specifically designed, constructed, and maintained to be pervious.
LAND DISTURBING OR DEVELOPMENT ACTIVITIES. Any change of the land

surface including removing vegetative cover, excavating, filling, grading, and the construction of
any structure.
NEW DEVELOPMENT. Any construction activity that is not defined as redevelopment.
PERSON. Any individual, firm, corporation, partnership, franchisee, and association.
PERVIOUS SURFACE. Any surface area that allows infiltration of all or the majority of the
precipitation that falls on it. Pervious surfaces include turfgrass, rain gardens, planting beds, and
other infiltration BMPs.
PLAN. A storm water management plan governed by this chapter.
PUBLIC WATERS. Waters of the state as defined in M.S. 103G.005, Subd. 15, as it may
be amended from time to time.
REDEVELOPMENT. Any construction activity where, prior to the start of construction, the
areas to be disturbed have 15% or more of impervious surface.
REGIONAL FLOOD. A flood that is representative of large floods known to have

occurred generally in the state and reasonably characteristic of what can be expected to occur
on an average frequency in the magnitude of a 100-year recurrence interval.
Page 83 of 320
SEDIMENT. Solid matter carried by water, sewage, or other liquids.
STRUCTURE. Anything manufactured, constructed, or erected which is normally attached to

or positioned on land, including portable structures, earthen structures, roads, parking lots,
and paved storage areas.
WETLANDS. Lands transitional between terrestrial and aquatic systems where the water table
is usually at or near the surface or the land is covered by shallow water. For purposes of this
definition, WETLANDS must have the following 3 attributes:
(1) Have a predominance of hydric soils;
(2) Are inundated or saturated by surface or ground water at a frequency and duration
sufficient to support a prevalence of hydrophytic vegetation typically adapted for life in
saturated soil conditions; and
(3) Under normal circumstances support a prevalence of the vegetation.
54.15 STORMWATER MANAGEMENT PLAN.
(A) Application procedure.
(1) Application. A written application for stormwater management plan approval, along with
a proposed stormwater management plan and maintenance agreement, shall be filed with
the Engineering Division of the citys Public Works Department. The application shall
include a statement indicating the grounds upon which the approval is being requested, that
the proposed use is permitted by right or as an exception in the underlying zoning district,
and adequate evidence showing that the proposed use will conform to the standards set
forth in this Chapter.
(2) Required plan submittals.
(a) Two sets of clearly legible blue or black lined copies of drawings, electronic copy of
drawings, and required information shall be submitted to the Engineering Division
along with the process and approval fee. Information provided shall be prepared per
the most recent edition of the city Design Criteria and certified by an engineer licensed
in the state. Drawings shall be prepared to a scale appropriate to the site of the project
and suitable for the review to be performed.
(b) The plans shall be drawn at a minimum scale of 1 inch equals 100 feet and shall contain
the following information:
1. Existing site map. A map of existing conditions showing the site and immediately
adjacent areas within 200 feet of the site, including:
a. The name and address of the applicant, the section, township and range, north
point, date, and scale of drawing and number of sheets;
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b. The location of the property by showing an insert map at a scale sufficient to
clearly identify its location and giving such information as the name and
numbers of adjoining roads, railroads, utilities, subdivisions, cities, townships,
and districts or other landmarks;
c. The existing topography with a contour interval appropriate to the topography
of the land but in no case having a contour interval greater than 2 feet;
d. A delineation of all ponds, infiltration features, streams, rivers, public waters,
and wetlands located on and immediately adjacent to the site, including the
depth of the water, the normal water level (NWL), the 100-year high water level
(HWL), the ordinary high water level (OHW), a description of all vegetation
which may be found in the water, a statement of general water quality and any
classification given to the water body or wetland by the State Department of
Natural Resources, the State Pollution Control Agency, or the U.S. Army Corps
of Engineers;
e. The location and dimensions of existing stormwater drainage systems and
natural drainage patterns on and immediately adjacent to the site delineating in
which direction and at what rate stormwater is conveyed from the site,
identifying the receiving stream, river, public water, or wetland, and setting
forth those areas of the unaltered site where stormwater collects;
f. A description of the soils of the site, including a map indicating soil types of
areas to be disturbed as well as a soil report containing information on the
suitability of the soils for the type of stormwater system proposed and
describing any remedial steps to be taken by the applicant to render the soils
suitable;
g. The location and description of any vegetative cover and a clear delineation of
any vegetation proposed for removal;
h. The location of 100-year floodplains, flood fringes, and floodways;
i. The locations of any existing overhead or underground utilities;
j. The locations of property lines and easements; and
k. A city approved benchmark listing location and elevation.
2. Site construction plan. A site construction plan including:

a. Locations and dimensions of all proposed land disturbing activities and any
phasing of those activities;
b. Total site area;
c. Total area to be disturbed;
d. Locations and dimensions of all temporary soil or dirt stockpiles;
e. Locations and dimensions of all construction site erosion control measures
necessary to meet the requirements of this chapter;
f. A schedule of the anticipated start and completion date of each land disturbing
activity including the installation of construction site erosion control measures
needed to meet the requirements of this chapter; and
g. Provisions for maintenance of the construction site erosion control measures
during construction.
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3. Plan of final site conditions. A plan of final site conditions on the same scale as the
existing site map showing the proposed site changes including:
a. Finished grading shown at contours at the same interval as provided above or
as required to clearly indicate the relationship of proposed changes to existing
topography and remaining features
b. A landscape plan, drawn to an appropriate scale, including dimensions and
distances and the location, type, size, and description of all proposed landscape
materials which will be added to the site as part of the development;
c. A drainage plan of the developed site delineating in which direction and at what
rate stormwater will be conveyed from the site and setting forth the areas of the
site where stormwater will be allowed to collect;
d. The proposed size, alignment, and intended use of any structures to be erected
on the site;
e. A clear delineation and tabulation of all areas which will be paved or surfaced,
including a description of the surfacing material to be used;
f. Any other information pertinent to the particular project which, in the opinion
of the applicant or the Public Works Director, is necessary for the review of the
project;
g. Proposed normal water level (NWL), 100-year high water level (HWL),
ordinary high water level (OHW) of any ponds, infiltration facilities, streams,
rivers, public waters, or wetlands on or downstream from the site;
h. Building elevations including low floor elevations and low building opening
elevations; and
i. Overland emergency overflow routes and their elevations.
4. Stormwater calculations. Calculations demonstrating the following data shall be

provided, according to the method established by the Engineering Division:
a. Drainage maps that show the site, land that drains onto the site, and land that
the site drains onto for existing and proposed conditions. Delineated drainage
areas for ponds, wetlands, or other relevant waters should be indicated on these
maps;
b. A stormwater model conforming to Engineering Division standards that
includes drainage areas, cover types, pond and wetland sizes, pond and wetland
outlets, and natural or piped conveyance systems;
c. Peak runoff rates from the site before and after development demonstrating that
the proposed conditions conform to the policies outlined in the citys
d. Volume of runoff from the site before and after development;
e. National urban runoff program (NURP) volume below and normal outlet
required and provided in each pond;
f. Infiltration calculations for proposed conditions; and
g. A narrative summarizing the calculations and demonstrating that proposed
drainage alterations do not unreasonably burden upstream or downstream land.
5. Soil borings. If requested by the Public Works Director.
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6. Maintenance Agreement. The applicant shall enter into a maintenance agreement
with the city that documents all responsibilities for operation and maintenance of
long-term stormwater treatment BMPs. Such responsibility shall be documented
in a maintenance plan and executed through a maintenance agreement. All
maintenance agreements must be approved by the city and recorded at the Scott
County recorders office prior to applying for permit termination. At a minimum,
the maintenance agreement shall describe the inspection and maintenance
obligations:
a. The party who is permanently responsible for maintenance of the structural and
nonstructural measures.
b. Pass responsibilities for such maintenance to successors in title.
c. Allow the city and its representatives the right of entry for the purpose of
inspecting all permanent stormwater management systems.
d. Allow the city the right to repair and maintain the facility, if necessary
maintenance is not performed after proper and reasonable notice to the
responsible party of the permanent stormwater management systems.
e. Include a maintenance plan that contains, but is not limited to the following:
1. Identification of all structural permanent stormwater management
systems.
2. A schedule for regular inspections, monitoring, and maintenance for
each practice. Monitoring shall verify whether the practice is
functioning as designed and may include, but is not limited to, quality,
temperature, and quantity of runoff.
3. Identification of the responsible party for conducting the inspection,
monitoring, and maintenance of each practice.
4. Include a schedule and format for reporting compliance with the
maintenance agreement to the city.
f. The issuance of a permit constitutes a right-of-entry for the city, its contractors,
and agents to enter upon the site. The applicant shall allow the city, its
contractors, agents, and any authorized representatives, upon presentation of
credentials, to:
1. Enter upon the permitted site for the purpose of obtaining information,
examination of records, conducting investigations or surveys.
2. Bring such equipment upon the permitted development as is necessary
to conduct such surveys and investigations.
3. Examine and copy any books, papers, records, or memoranda pertaining
to activities or records required to be kept under the terms and
conditions of the permit.
4. Inspect the stormwater pollution control measures.
5. Sample and monitor any items or activities pertaining to stormwater
pollution control measures.
6. Correct deficiencies in stormwater and erosion and sediment control
measures.
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7 Fees. All applications for stormwater management plan or maintenance agreement
approval shall be accompanied by a processing and approval fee as set by the most
recent edition of the citys adopted fee schedule.
(B) Stormwater management plan review procedure.
(1) Process. Stormwater management plans and maintenance agreements meeting the
requirements of this chapter shall be submitted to the Engineering Division of the citys
Public Works Department for the Public Works Directors review and approval. The Public
Works Director shall recommend approval, approval with conditions, or denial of the
stormwater management plan and maintenance agreement to the Planning Commission.
Following Planning Commission review, the stormwater management plan and
maintenance agreement shall be submitted to the City Council for its review along with the
(2) Duration. Approval of a stormwater management plan submitted under the provisions of
this chapter shall expire 2 years after the date of approval by the City Council unless
construction has commenced in accordance with the plan; however, if prior to the
expiration of the approval, the applicant makes a written request to the Public Works
Director for an extension of time to commence construction setting forth the reasons for
the requested extension, the City Council may grant 1 extension of not greater than 1 single
year.
(3) Revisions. A stormwater management plan or maintenance agreement may be revised. All
revised plans or agreements must contain all information required by this chapter and must
be reviewed and approved by the Public Works Director.
(4) Conditions. A stormwater management plan and maintenance agreement may be approved
by the City Council subject to compliance with conditions that are necessary to ensure that
the requirements contained in this chapter are met. Such conditions may, among other
matters, limit the size, kind, or character of the proposed development; require the
construction of structures, drainage facilities, storage basins, and other facilities; require
replacement of vegetation; establish required monitoring procedures; require that the work
be staged over time; require alteration of the sites design to ensure buffering; or require
the conveyance to the city or other public entity of certain lands or interests therein.
(5) Approval. Upon approval of the stormwater management plan or maintenance agreement
by the City Council, the applicant shall enter into an agreement with the city to ensure that
any required improvements are constructed, any required easements are granted or
dedicated, and that there is compliance with any conditions imposed by the City Council.
The agreement shall guarantee completion and compliance with the conditions within a
specific time, which time may be extended by the City Council. The agreement shall be in
a form acceptable to the city.
(6) Financial guarantee. Upon approval of the stormwater management plan by the City
Council, the applicant shall submit a letter of credit, or cash escrow, to cover 125% of the
amount of the established cost of complying with the stormwater management plan. This
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financial guarantee shall be in a form acceptable to the city and may be incorporated into
the financial guarantee provided for grading activities or the financial guarantee provided
for street and utility activities.
(C) Stormwater management plan approval and implementation standards.
(1) Compliance with standards. No stormwater management plan which fails to meet the
standards contained in this Chapter shall be approved by the City Council.
(2) All stormwater management plans must be submitted to and approved by the Public Works
Director prior to the start of construction activity. At a minimum all applicants shall meet
the criteria set forth below and observe the standards established by the NPDES
Construction General Permit.
(3) All stormwater management plans must address erosion and sediment control and shall
meet the criteria of Chapter 54.45 through 54.54, inclusive.
(4) Stormwater management requirements for permanent facilities.
(a) An applicant shall install or construct, on or for the proposed land disturbing or
development activity, all stormwater management facilities necessary to meet the
criteria of the citys Comprehensive Water Resources Management Plan, Design
Criteria, and the NPDES Construction General Permit. No private stormwater facilities
will be approved by the city unless a maintenance plan and maintenance agreement are
provided that defines who will conduct the maintenance, the type of maintenance, and
intervals of the maintenance. In the alternative, or in partial fulfillment of this
requirement and upon approval of the Public Works Director, an applicant may make
an in-kind or monetary contribution to the development and maintenance of regional
stormwater management facilities designed to serve multiple land disturbing and
development activities undertaken by 1 or more persons, including the applicant.
(b) Proposed Stormwater Management Plans shall incorporate volume control, water
quality control, and rate control as the basis for stormwater management in the
proposed development plan on sites without restrictions. All proposed Development
and Redevelopment projects shall be in conformance with the City of Shakopees
Comprehensive Water Resources Management Plan, Design Criteria, and the most
current requirements of the Minnesota Pollution Control Agency (MPCA) Municipal
Separate Storm Sewer Systems (MS4) Permit, as applicable, meeting the more
restrictive criteria.
(c) The applicant shall reduce the need for stormwater management facilities by
incorporating the use of natural topography and land cover such as wetlands, ponds,
natural swales, and depressions as they exist before development to the degree that
they can accommodate the additional flow of water without compromising the
integrity or quality of the wetland or pond.
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(d) The following stormwater management practices shall be investigated by the applicant
in developing a stormwater management plan in the following descending order of
preference, and the results of that investigation shall be provided to the city in written
form as a part of the application:
1. Natural infiltration of precipitation on-site;

2. Flow attenuation by use of open vegetated swales and natural depressions;
3. Green infrastructure by use of rain gardens, bioswales, constructed wetlands, and
other constructed infiltration practices;
4. Stormwater retention facilities; and
5. Stormwater detention facilities.
(e) A combination of stormwater management practices may be used to achieve the

applicable minimum control requirements specified in this chapter. Justification shall
be provided by the applicant for the method selected.
(f) A vegetative buffer shall be required for proposed open channel watercourses that
drain 50 acres or more. All provisions in this chapter relating to wetland buffers shall
also apply to watercourse buffers.
(g) The following additional provisions shall also apply:

1. Watercourses shall have a wetland management class of low as outlined in this
chapter to determine the required area and minimum width of the watercourse
buffer.
2. The required area of the buffer shall be calculated using the average buffer width
as measured from the ordinary high water level (OHWL). If the OHWL has not
been established, the normal water level may be used. If the normal water level
is used, the applicant shall provide documentation prepared by an engineer
defining the normal water level of the watercourse.
3. Buffers for watercourses are not required for those watercourses that require
mowing to maintain their designed hydraulic capacity, as determined by the
Public Works Director.
4. Alterations to facilitate erosion control improvements to stabilize the
watercourse, including the use of hard-armoring such as riprap is allowed in
watercourse buffers with an approved grading permit for the activities. Equivalent
water quality treatment shall be provided for buffer areas impacted by these
activities.
(5) Pond design standards. Stormwater detention facilities constructed in the city shall be
designed according to standards established by the Engineering Division, and as
prescribed in the citys Design Criteria.
(6) Infiltration requirements. Best management practices to manage for volume control and
infiltration will be required to the maximum extent practical in accordance with the citys
Design Criteria.
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(a) The maximum extent practical required may be less if the Public Works Director
determines that 1 or more of the following conditions apply. If 1 or more of the
following conditions apply, the Public Works Director shall quantify the amount of
infiltration that will be deemed as the maximum extent practical for the site:
1. The infiltration characteristics of soils on the site are not favorable for the
infiltration of stormwater;
2. The sites drainage course is to regional infiltration or detention facilities controlled
by the city that reduce runoff volumes;
3. The development of the site does not increase the sites impervious areas; or
4. Other site conditions that make the infiltration of stormwater impractical as
determined by the Public Works Director.
(7) Mitigation.
(a) Where construction projects cannot meet the volume, TSS, or TP reduction requirements
for new development or redevelopment projects on the site of original construction, all
methods must be exhausted prior to considering alternative locations where volume and
treatment standards can be achieved. If the city has determined that all methods have
been exhausted, the permittee will be required to identify alternative locations where the
standards can be achieved or alternative methods in accordance with the citys Design
Criteria.
(8) Facilities. Stormwater and infiltration facilities must be located at least 50 feet away from
the top of a bluff.
(9) Watershed management plans/groundwater management plans. Stormwater

management plans shall be consistent with adopted watershed management plans and
groundwater management plans approved by the State Board of Water and Soil
Resources.
(10) Easement. If the stormwater management plan involves direction of some or all runoff
off of the site, it shall be the responsibility of the applicant to obtain from adjacent
property owners any necessary easements or other property interests to permit the flow
of water across the property.
(11) Low-floor/building opening elevations.
(a) Any new development or redevelopment shall maintain a minimum building opening
elevation of at least 3 feet above the anticipated 100-year high water elevation as a
standard practice; however, if the applicant demonstrates that this requirement would
be a hardship, the standard may be reduced to 2 feet if all of the following can be
demonstrated:
1. Within the 2 foot freeboard area, stormwater storage is available which is equal to
or exceeds 50% of the stormwater storage currently available in the basin below the
100-year elevation;
2. A 25% obstruction of the basin outlet over a 24-hour period would not result in
more than 1 foot of additional bounce in the basin; and
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3. An adequate overflow route from the basin is available that will provide 1 foot of
freeboard for the proposed low building opening.
(b) Basement floor elevations must be set to an elevation that meets all of the following
criteria:
1. The lowest floor elevation must be at least 4 feet above the currently observed
groundwater elevations in the area;
2. The lowest floor elevation must be at least 2 feet above the elevation of any known
historic high groundwater elevations for the area. Information on historic high
groundwater elevations can be derived from any reasonable sources including
piezometer data, soil boring data, percolation testing logs, and the like; and
3. The lowest floor elevation must be at least 2 feet above the 100-year high surface
water elevation for the area unless it can be demonstrated that this standard creates
a hardship, if the 2- foot standard is determined by the City Council to constitute a
hardship, the standard shall be at least 1 foot above the highest anticipated
groundwater elevation resulting from a 100-year critical duration rainfall event.
The impact of high surface water elevations on groundwater elevations in the
vicinity of the structure should take into consideration the sites distance from the
floodplain area, the soils, the normal water elevation of surface depressions in the
area, the static groundwater table, and historic water elevations in the area. This
information shall be provided by a registered engineer or soil scientist.
(12) Impervious surface coverage. The impervious surface coverage of each lot must not
exceed the impervious surface coverage allowed under Ch. 151.
(13) Accommodation of discharge rates. Storm sewers shall be designed to accommodate

discharge rates associated with a 10-year, 24-hour rainfall event in accordance to the
Atlas14 data.
(2013 Code, 16.11) (Ord. 807, passed 9-25-2008)
54.16 STORMWATER AND URBAN RUNOFF POLLUTION CONTROL.
(A) Illegal disposal, discharges, and connections.
(1) No person shall intentionally dispose of leaves, grass clippings, dirt, gravel, other
landscape debris, or anything other than stormwater into a street, road, alley, catch basin,
culvert, curb, gutter, inlet, ditch, natural watercourse, flood control channel, canal, or storm
drain. The following discharges are exempt from discharge prohibitions established by this
section:
(a) Water line flushing, landscape irrigation, diverted stream flows, rising ground waters,
uncontaminated ground water infiltration, uncontaminated pumped ground water,
discharges from potable water sources, foundation drains, air conditioning
condensation, irrigation water, springs, water from crawl space pumps, footing drains,
lawn watering, individual residential car washing, flows from riparian habitats and
wetlands, dechlorinated swimming pool discharges, and street wash water;
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(b) Discharges or flow from firefighting, and other discharges authorized by the city in
writing that are necessary to protect public health and safety;
(c) Discharges associated with dye testing, however this activity requires verbal
notification to the city prior to the time of the test.
(d) The prohibition shall not apply to any non-stormwater discharge permitted under an
NPDES permit, waiver, or waste discharge order issued to the discharger and
administered under the authority of the federal Environmental Protection Agency,
provided that the discharger is in full compliance with all requirements of the permit,
waiver, or order and other applicable laws and regulations, and further provided that
written approval has been granted for any discharges to the storm drain system.
(2) No person shall cause any illicit discharge to enter the city stormwater system. For the
purpose of this chapter, ILLICIT DISCHARGE is as defined in the citys stormwater
pollution prevention plan (SWPPP) completed for the citys municipal separate storm
sewer system (MS4) permit.
(3) No person shall use any illicit connection to intentionally convey non-stormwater to the
city stormwater system.
(a) This prohibition expressly includes, without limitation, illicit connections made in the
past, regardless of whether the connection was permissible under the law or practices
applicable or prevailing at the time of the connection.
(b) A person is considered to be in violation of this Chapter if the person connects a line
conveying sewage into the storm drain system, or allows such connection to continue.
(4) No person shall leave, deposit, discharge, dump, or otherwise expose any chemical or
septic waste in an area where discharge to streets, or a storm drain system may occur.
(B) Suspension of MS4 Access
(1) Suspension due to Illicit Discharges in Emergency Situations. The city may, without prior
notice, suspend MS4 discharge access to a person when such suspension is necessary to stop
an actual or threatened discharge which presents or may present imminent and substantial
danger to the environment, or to the health or welfare of persons, or to the MS4 or Waters of
the United States. If the violator fails to comply with a suspension order issued in an
emergency, the city may take such steps as deemed necessary to prevent or minimize damage
to the MS4 or Waters of the United States, or to minimize danger to persons.
(2) Suspension Due to the Detection of Illicit Discharges. Any person discharging to the MS4 in
violation of this Chapter may have their MS4 access terminated if such termination would
abate or reduce an illicit discharge. The city will notify a violator of the proposed termination
of its MS4 access. The violator may petition the city for a reconsideration and hearing. A
person commits an offense if the person reinstates MS4 access to premises terminated
pursuant to this Section, without the prior approval of the city.
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(C) Monitoring of Discharges.
(1) Applicability. This section applies to all facilities that have storm water discharges associated
with industrial activity, including construction activity.
(2) Access to Facilities.
(a) The City of Shakopee or its designee shall be permitted to enter and inspect facilities
subject to regulation under this Chapter as often as may be necessary to determine
compliance with this Chapter. If a discharger has security measures in force which
require proper identification and clearance before entry into its premises, the discharger
shall make the necessary arrangements to allow access to representatives of the city.
(b) Facility operators shall allow the city or its designee ready access to all parts of the
premises for the purposes of inspection, sampling, examination and copying of records
that must be kept under the conditions of an NPDES permit to discharge storm water,
and the performance of any additional duties as defined by state and federal law.
(c) The city or its designee shall have the right to set up on any permitted facility such devices
as are necessary in the opinion of the city to conduct monitoring and sampling of the
facility's storm water discharge.
(d) The city or its designee has the right to require the discharger to install monitoring
equipment as necessary. The facility's sampling and monitoring equipment shall be
maintained at all times in a safe and proper operating condition by the discharger at its
own expense. All devices used to measure stormwater flow and quality shall be calibrated
to ensure their accuracy.
(e) Any temporary or permanent obstruction to safe and easy access to the facility to be
inspected and sampled shall be promptly removed by the operator at the written or oral
request of the city and shall not be replaced. The costs of clearing such access shall be
borne by the operator.
(f) Unreasonable delays in allowing the city or its designee access to a permitted facility is
a violation of a storm water discharge permit and of this Chapter. A person who is the
operator of a facility with a NPDES permit to discharge storm water associated with
industrial activity commits an offense if the person denies the city reasonable access to
the permitted facility for the purpose of conducting any activity authorized or required
by this Chapter.
(g) If the city or its designee have been refused access to any part of the premises from
which stormwater is discharged, and he/she is able to demonstrate probable cause to
believe that there may be a violation of this Chapter, or that there is a need to inspect or
sample as part of a routine inspection and sampling program designed to verify
compliance with this Chapter or any order issued hereunder, or to protect the overall
public health, safety, and welfare of the community, then the city may seek issuance of
a search warrant from any court of competent jurisdiction.
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(D) Watercourse protection. Every person owning or occupying premises through which a
watercourse passes, shall keep and maintain that part of the watercourse within the
premises free of trash, debris, excessive vegetation, and other obstacles that would pollute,
contaminate, or significantly retard the flow of water through the watercourse. In addition,
the owner or occupant shall maintain existing privately owned structures within or adjacent
to a watercourse so that such structures will not become a hazard to the use, function, or
physical integrity of the watercourse.
(E) Notification of spills. Notwithstanding other requirements of law, as soon as any person
responsible for a facility or operation or responsible for emergency response for a facility
or operation has information of any known or suspected release of materials which are
resulting or may result in illegal discharges or pollutants discharging into stormwater, the
storm drain system, or waters of the state, said person shall take all necessary steps to
ensure the discovery, containment, and cleanup of such release. In the event of such a
release of hazardous materials, said person must immediately notify emergency response
agencies of the occurrence via emergency dispatch services. In the event of a release of
nonhazardous materials, said person shall notify the city no later than the next business
day. Notifications in person or by phone shall be confirmed by written notice addressed
and mailed to the city within three business days of the personal or phone notice. If the
discharge of prohibited materials originates from an industrial establishment, the owner or
operator of such establishment shall also retain an on-site written record of the discharge
and the actions taken to prevent its recurrence. Such records must be retained for at least
three years.
(F) Enforcement.
(1) Notice of Violation. Whenever the city finds that a person has violated a prohibition or failed
to meet a requirement of this Chapter, the city may order compliance by written notice of
violation to the responsible person. Such notice may require without limitation:
(a) The performance of monitoring, analysis, and reporting;

(b) The elimination of illicit connections or discharges;
(c) That violating discharges, practices, or operations shall cease and desist;
(d) The abatement or remediation of storm water pollution or contamination hazards and the
restoration of any affected property; and
(e) Payment of a fine to cover administrative and remediation costs; and
(f) The implementation of source control or treatment BMPs.
(2) Appeal of Notice of Violation. Any person receiving a Notice of Violation may appeal the
determination to the City Council. The notice of appeal must be received within 15 days after
the date of the Notice of Violation. Hearing on the appeal shall take place within 30 days
after the date of receipt of the notice of appeal. The decision of the City Council shall be
final.
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(3) Enforcement Measures After Appeal. If the violation has not been corrected pursuant to the
requirements set forth in the Notice of Violation, or, in the event of an appeal, within 15 days
after the decision of the City Council, the city may enter upon the subject property and take
any and all measures necessary to abate the violation and restore the property. It shall be
unlawful for any person, owner, agent or person in possession of any premises to refuse to
allow the city or its designated contractor to enter upon the property for the purposes set forth
above.
(4) Cost of Abatement of the Violation. Within 30 days after abatement of the violation, the
owner of the property will be notified of the cost of abatement, including administrative
costs. The property owner may file a written protest objecting to the amount of the
assessment within 15 days. If the amount due is not paid within a timely manner as
determined by the decision of the City Council or by the expiration of the time in which to
file an appeal, the charges shall become a special assessment against the property and shall
constitute a lien on the property for the amount of the assessment.
(5) Injunctive Relief. If a person has violated or continues to violate the provisions of this
Chapter, the city may petition the district court for a preliminary or permanent
injunction restraining the person from activities that would create further violations or
compelling the person to perform abatement or remediation of the violation.
(6) Compensatory Action. In lieu of enforcement proceedings, penalties, and remedies

authorized by this Chapter, the city may impose upon a violator alternative compensatory
actions, such as storm drain stenciling, attendance at compliance workshops, creek cleanup,
etc.
(7) Violations Deemed a Public Nuisance. In addition to the enforcement processes and penalties
provided, any condition caused or permitted to exist in violation of any of the provisions of
this Chapter is a threat to public health, safety, and welfare, and is declared and deemed a
nuisance, and may be summarily abated or restored at the violator's expense, and a civil
action to abate, enjoin, or otherwise compel the cessation of such nuisance may be taken.
(8) Remedies Not Exclusive. The remedies listed in this Section are not exclusive of any other
remedies available under any applicable federal, state or local law and it is within the
discretion of the city to seek cumulative remedies.
54.17 LAWN FERTILIZATION RESTRICTIONS.
(A) Timing of fertilizer application. No lawn fertilizer shall be applied when the ground is
frozen and in no event during the period of November 15 through April 1 of the succeeding
year.
(B) Impervious surfaces. Lawn fertilizer shall not be applied, spilled, or otherwise deposited
on any impervious surface. Any lawn fertilizer applied, spilled, or deposited, either
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intentionally or accidentally, on an impervious surface shall be immediately and
completely removed.
(C) Buffer zones. No lawn fertilizer shall be applied within any established wetland buffer zone
or within 20 feet of the edge of any wetland, pond, river, creek, or lake.
(D) Lawn fertilizer content and application rate. No lawn fertilizer containing any amount of
phosphorus or other compounds containing phosphorus, such as phosphate shall be applied
to any turf within the city except when the following conditions apply:
(1) Newly established turf areas for the turfs first growing season; or
(2) In turf areas in which a soil test confirms that the turf area is below phosphorus levels
established by the University of Minnesota Extension Service. The fertilizer to be
applied shall not contain an amount of phosphorus that exceeds the amount
recommended in the soil test evaluation.
(E) Notice requirement. Retail businesses selling lawn fertilizer containing phosphorus shall
post a notice in a conspicuous location near the law fertilizer notifying customers of the
limitation on the use of lawn fertilizer containing phosphorous contained in this Chapter.
(2013 Code, 16.11) (Ord. 807, passed 9-25-2008)
WETLAND MANAGEMENT
54.30 AREAS AFFECTED.
This Chapter applies to all parcels containing wetlands as defined by the 1987 Corp of Engineers
Wetlands Delineation Manual. This Chapter also applies to any parcel located near a wetland that
would be required by this chapter to have a wetland buffer or wetland buffer setback.
(2013 Code, 16.12) (Ord. 807, passed 9-25-2008)
54.31 WETLAND ASSESSMENT AND DELINEATION.

(A) A wetland assessment and delineation shall be submitted to the Engineering Division of
the citys Public Works Department when required by this chapter for review. The Public Works
Director shall recommend approval, approval with conditions, or denial of the wetland assessment
and delineation to the Planning Commission. Following Planning Commission review, the wetland
assessment and delineation shall be submitted to the City Council for its review along with the
(B) The wetland assessment report and delineation must be performed and prepared by a
qualified wetland specialist. Wetland delineation in the report shall be shown on a scaled drawing
that also shows the location of existing and proposed property lines, buildings, and other
topographic features of the site. For each wetland delineated in the report, a wetland management
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class as defined by the State Routine Assessment Method (MNRAM) for evaluating wetland
functions - Version 3.1 or later version - must be assigned.
(2013 Code, 16.11) (Ord. 807, passed 9-25-2008)
54.32 WETLAND BUFFERS.
For any parcel created or redeveloped, a wetland buffer as defined in this Chapter is required.
(A) Required wetland buffer dimensions.
(1) Wetland buffer dimensions will be based on the wetlands management class as defined by
MNRAM.
Wetland Management Class Average Required Buffer Minimum Required Buffer

(MNRAM) Width (feet) Width (feet)
A Exceptional 65 25
B High 50 25
C Medium 35 25
C Low 25 25
(2) The required area of the wetland buffer shall be calculated using the average buffer width
as measured from the delineated wetland edge.
(B) Required wetland buffer vegetation. Vegetation within a wetland buffer shall be
established and maintained as follows:
(1) The first 25 feet of the wetland buffer as measured from the wetland delineation or public
waters wetland ordinary high water level (OHWL) must not be disturbed during project
construction (i.e. cleared or graded), with the exception of temporary disturbances for
public roads and utility construction. This area must be protected from disturbance with
temporary fencing prior to construction. If it is necessary to establish acceptable vegetation
within the area so that it is in compliance with the vegetation requirements of this Chapter,
vegetation may be removed and replaced, and site soils preparation work may be performed
within this area.
(2) Where acceptable natural vegetation exists within the wetland buffer, the retention of such
vegetation in an undisturbed state is required unless the applicant receives approval from
the Public Works Director to replace such vegetation. A wetland buffer is considered to
have acceptable natural vegetation if it has a continuous, dense layer of perennial grasses,
or an overstory of trees or shrubs that have been uncultivated or unbroken for at least five
consecutive years. The city may determine existing vegetation to be unacceptable if the
wetland buffer has undesirable characteristics such as noxious or invasive plant species or
topography that channelizes the flow of runoff.
(3) (a) In cases where the wetland buffer does not contain vegetation or has been cultivated
or otherwise disturbed within five years of the application, the wetland buffer area must be
replanted with native seed mix approved by the Public Works Director and maintained
until it is established.
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(b) The proposed types of wetland buffer plantings, proposed maintenance, and
monitoring activities and schedule must be identified on the application. Any vegetation
planted within the wetland buffer are independent of any landscaping that may be required
elsewhere on the property by the city.
(c) During the first 2 full growing seasons, the owner must replant any wetland buffer
vegetation that does not survive. After this time, the owner shall remain responsible for re-
seeding or replanting vegetation within the wetland buffer if it changes at any time due to
human intervention or activities.
(C) Wetland buffer easements and markers. When a wetland buffer is required pursuant to
this Chapter, the applicant shall prior to issuance of any building permits by the city:
(1) Submit to the city for its approval a conservation easement in favor of the city for protection
of the wetland buffers and wetlands on the property, or include the wetland buffer and
wetlands in an outlot dedicated to the city as part of the plat. The conservation easement
shall legally describe the boundaries of the wetland or public waters wetland and the
wetland buffer and identify the marker locations;
(2) Record the conservation easement or final plat with the county and submit evidence thereof
to the city;
(3) Wetland buffers shall be marked to clearly designate their boundaries. At least 1 marker
shall be required on each lot. There shall be at least 1 marker every 200 feet along the edge
of the wetland buffer; and
(4) A marker shall consist of a post and a sign indicating the presence of a wetland buffer. The
applicant will be required to furnish and install 4 by 4 inch sign posts to a height of 5 feet
above finished grade. The city will furnish and install the signs. If the applicant does not
install the posts, the city will furnish and install them. Fees incurred by the city for post
furnishing and installation will be paid by the applicant.
(D) Wetland buffer alterations.
(1) Alterations including building or placement of structures, storage of materials, paving,

mowing, plowing, introduction of noxious vegetation, cutting for non-management
purposes, dredging, filling, mining, dumping, grazing livestock, agricultural production,
yard waste disposal, or fertilizer application, are prohibited within the wetland buffer.
(2) The following activities shall be permitted in the wetland buffer and shall not constitute
prohibited alterations:
(a) Removal of noxious vegetation such as, but not limited to, European buckthorn, purple
loosestrife, and reed canary grass;
(b) Installation of new plantings that enhance the natural vegetation;
(c) Selective clearing or pruning of trees or vegetation that are dead, diseased, or pose
similar hazards;
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(d) Use and maintenance of 1 unimproved access strip through the wetland buffer for
recreational access to a watercourse, where permitted. The strip shall be no greater than
20 feet in width;
(e) Construction, maintenance, repair, reconstruction, or replacement of existing and
future public roads, utilities, or drainage systems within a wetland buffer, so long as
any adverse impacts of the construction and installation on the function of the wetland
buffer have been avoided or minimized to the extent practical and the activity has been
approved by the city;
(f) Construction of individual sewage treatment systems (ISTS) so long as the vegetation
growing on the system is maintained in accordance with this Chapter, the area for the
ISTS is not credited as wetland buffer area, and the edge of the ISTS is located at least
35 feet from the delineated wetland edge;
(g) Clearing, grading, and seeding if part of a wetland replacement plan approved by the
city;
(h) Maintenance, repair, or replacement of trails; and
(i) Placement or maintenance of ponds or other stormwater treatment facilities, so long as
the area of the pond is not credited as wetland buffer area and the embankment of the
pond is located at least 35 feet from the delineated wetland edge.
(E) Exceptions.
(1) Wetland buffers and structure setbacks are not requited for any residentially zoned lot of
record as of the effective date of this chapter.
(2) Wetland buffers and structure setbacks are not required for any wetland that qualifies for
a de minimus exemption under the Wetland Conservation Act.
(3) Wetland buffers and structure setbacks are not required for any wetland qualifying for an
incidental wetland exemption under the Wetland Conservation Act.
(2013 Code, 16.11)
54.33 STRUCTURE SETBACKS.
(A) Parcels that are newly created or redeveloped after the effective date of this chapter are
required to have a structure setback from the wetland buffer for all new structures.
(B) The structure setback shall be measured from outer edge of the wetland buffer.
(C) For residential parcels, a 30-foot front and rear yard structure setback and a 10-foot side
yard structure setback is required from the wetland buffer.
(D) All nonresidential parcels shall be required to provide a 10-foot structure setback for front,
rear and side yards.
(2013 Code, 16.12) (Ord. 807, passed 9-25-2008)
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EROSION AND SEDIMENT CONTROL
54.45 EROSION CONTROL PLAN.
(A) An erosion control plan shall be submitted to the Engineering Division of the citys Public
Works Department when required by this chapter along with a grading permit application.
All applications for a grading permit shall be accompanied by a processing and approval
fee as set by the city fee schedule.
(B) The erosion control plan shall contain all of the following with respect to conditions
existing on site during construction and after final structures and improvements have been
completed.
(1) A description of and specifications for sediment retention and settling devices;
(2) A description of, specifications for, and detail plates for surface runoff and erosion control
devices;
(3) A description of vegetative measures;
(4) A detailed timetable for restoring all disturbed areas;
(5) A graphic representation of the location of all specified erosion and sediment control
devices;
(6) An implementation schedule for installing and subsequently removing devices described
above;
(7) A maintenance schedule for all sediment and erosion control devices specified;
(8) An estimate of the costs to implement all final and temporary erosion and sediment control
measures;
(9) An information sheet on the parties responsible for constructing and maintaining the
erosion control measures as shown on the erosion control plan. The information sheet
should contain the phone numbers and addresses of at least 2 persons and indicate how
they can be contacted at all times (days, nights, weekends, and the like) regarding
repairing and maintaining the erosion control measures;
(10) The erosion control plan must contain details to specify which erosion and sediment
control facilities are permanent and which are temporary; and
(11) If required, a nationwide pollutant discharge elimination system (NPDES) general
stormwater permit must be obtained from the State Pollution Control Agency prior to
commencing construction activities. The associated stormwater pollution prevention plan
(SWPPP) should be included in the erosion control plan and approved by the Public
Works Director prior to construction. A copy of the NPDES permit must be provided to
the city prior to construction.
(2013 Code, 16.13) (Ord. 807, passed 9-25-2008)
54.46 PROCESS.
Erosion control plans meeting the requirements of this chapter shall be submitted to the
Engineering Division of the citys Public Works Department for the Public Works Directors
review and approval. The Public Works Director shall recommend approval, approval with
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conditions, or denial of the erosion control plan to the Planning Commission. Following Planning
Commission review, the erosion control plan shall be submitted to the City Council for its review
along with the Planning Commissions recommendation.
(2013 Code, 16.13) (Ord. 807, passed 9-25-2008)
54.47 IMPLEMENTATION OF AN EROSION CONTROL PLAN.
Prior to the start of any earthwork activities, the permittee must have in place and functional the
erosion controls as outlined on the approved erosion control plan. Additional erosion control
measures may be required as directed by the Public Works Director.
(A) No earth moving activities shall commence until the erosion controls have been field
inspected and approved by the Public Works Director.
(B) At a minimum, the permittee must meet the Erosion Control specifications set forth
within the citys Design Criteria and observe the standards established in the NPDES
Construction General Permit requirements.
(C) The permittee must maintain the erosion control on the site to the process. If the erosion
control is not being maintained to the Directors satisfaction, the city may perform remedial
work on the site as outlined in this Chapter.
(D) All erosion control systems must be maintained by the permittee in an acceptable condition
until turf is established or structural surfaces are constructed to protect the soil from erosion.
(2013 Code, 16.13) (Ord. 807, passed 9-25-2008)
54.48 FINANCIAL SECURITY.
(A) Upon approval of the erosion control plan by the City Council, the applicant shall submit a
letter of credit, or cash escrow, to cover 125% of the amount of the established cost of
complying with the erosion control plan. This financial guarantee shall be in a form
acceptable to the city and may be incorporated into the financial guarantee required for
grading activities.
(B) The city may draw on the letter of credit or cash escrow after providing the permittee with
at least five business days notice.
(C) The city may act against the financial security if any of the conditions listed below exist:
(1) The permittee ceases land-disturbing activities or filling and abandons the work site prior
to completion of the grading plan;
(2) The permittee fails to conform to the approved grading or erosion control plan;
(3) The techniques utilized under the erosion control plan fail within 1 year of installation;
or;
(4) The Public Works Director has determined that additional action on the site is necessary
to prevent excessive erosion from occurring.
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(D) The city may use the funds from the financial security to reimburse itself for any remedial
work undertaken by the city or its contractor, and for any administrative costs incurred in
the process of performing the remedial work including, but not limited to, staff time, and
attorneys fees.
(E) The financial security deposited with the city for faithful performance of the grading and
erosion control work shall be released 1 year after the ground cover and other erosion
control measures have been installed. All temporary erosion control measures, such as silt
fences and hay bales, must be removed from the site prior to the city releasing the financial
security.
(2013 Code, 16.13) (Ord. 807, passed 9-25-2008)
54.49 INSPECTION OF EROSION CONTROL PLAN.

The city will make periodic inspections of the site to ensure compliance with the erosion control
plan.
(A) The permittee or his/her agent shall ensure that a trained and certified person will regularly
inspect the construction site at least once every seven days until final stabilization and within
24 hours of a rainfall event of one-half inch or greater in a 24 hour period. All inspection and
maintenance activities conducted on the site during construction must be recorded in writing
and retained within the erosion control plan and provided to the city. Records of each
inspection and maintenance activity shall include the following:
1. Date and time of inspection;

2. Name(s) of persons conducting the inspection;
3. Findings of inspections, including recommendations for corrective actions;
4. Corrective actions taken, including the dates, times and the name of the party
completing the corrective action;
5. Date and the amount of rainfall events that are greater than one-half inch in a 24 hour
period; and
6. Documentation of any changes made to the erosion and sediment control plan.
(B) Site and BMP Maintenance. Prior to any construction, the developer shall provide the
Public Works Director with a schedule for erosion and sediment control inspection and
maintenance, including schedules for street cleaning, and street sweeping. All site and
BMP maintenance activities must comply with the requirements of the NPDES
construction general permit. The applicant shall investigate and comply with the
following BMP maintenance requirements:
1. Silt fence: All silt fences must be repaired, replaced or supplemented when they
become nonfunctional or the sediment reaches one-half (1/2) of the height of the
fence. Repairs shall be made by the end of the next business day after discovery or
as soon as field conditions allow access.
2. Temporary Sediment Basins: Temporary sedimentation basins must be drained and

the sediment must be removed when the depth of the sediment collected in the basin
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reaches one-half the storage volume. Drainage and removal must be completed
within 72 hours of discovery or as soon as field conditions allow access.
3. Surface Waters and Conveyance Systems: Surface water, including drainage ditches
and conveyance systems, must be inspected for visible signs of sediment being
deposited by erosion. The applicant must remove all sediment deposited in surface
waters, including drainage ways, catch basins, and other drainage systems and must
restabilize the areas of exposed soil as a result of sediment removal. The removal and
stabilization must take place within seven days of discovery unless legal, regulatory
or physical access constraints prevent remediation. In the event of an access
constraint, the applicant shall use all reasonable efforts to obtain access. If access is
precluded, removal and stabilization must take place within seven calendar days of
obtaining access. The applicant is responsible for contacting all local, regional, state
and federal authorities and obtaining any required permits prior to conducting any
work.
4. Streets and Paved Surfaces: Where vehicle traffic leaves any part of the site, the exit
locations must be inspected for visible signs of off-site sediment tracking onto paved
surfaces. The construction entrance pad BMP must remain clean and tracked
sediment must be removed from all off-site paved surfaces as soon as possible or
within 24 hours of discovery.
5. General Maintenance: The applicant shall be responsible for the operation and
maintenance of temporary and permanent water quality management BMPs, as well
as erosion prevention and sediment control BMPs for the duration of the construction
work on the site. The applicant remains responsible until another party has assumed
control over all areas of the site that have not established final stabilization and a
Notice of Termination (NOT) has been submitted to the Minnesota Pollution Control
Agency.
6. Infiltration Areas: All infiltration areas must be inspected to ensure that no sediment
from ongoing construction activities is reaching the infiltration area and these areas
are protected from compaction caused by construction equipment driving across the
infiltration area.
(2013 Code, 16.13) (Ord. 807, passed 9-25-2008)
54.50 APPLICATION REVIEW AND INSPECTION FEES.
(A) The city shall charge an application review fee for the review of the erosion control permit
application and the erosion control plan. As part of this review, the city will review the permittees
as-built survey submitted after the completion of grading activities to ensure that it conforms to
the overall erosion control plan for the area. The application fee shall be set by the city fee
schedule. If this fee is not paid with 45 days, the fee may be taken from the financial security
provided by the applicant.
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(B) (1) An inspection fee will be charged for any inspections of the site by the city that are
needed to review corrective erosion control work or to follow up on previously incomplete work.
This inspection fee will be deducted from the financial security.
(2) The amount will be set by the city fee schedule. If this fee is not paid within 45 days,
the fee may be taken from the financial security posted by the applicant.
(2013 Code, 16.13)
54.51 NOTIFICATION OF FAILURE OF EROSION CONTROL PLAN.
The city shall notify the permittee of the failure of the erosion control measures that have been
constructed. The notification will be by phone or fax to the parties listed on the information sheet
required by this Chapter. The city, at its discretion, may begin remedial work within 48 hours after
notification has been provided.
(2013 Code, 16.13) (Ord. 807, passed 9-25-2008)
54.52 EROSION OFF-SITE.
If erosion breaches the perimeter of the site, the permittee shall immediately develop a cleanup
and restoration plan, obtain a right-of-entry from the adjoining property owner, and implement
the cleanup and restoration plan within 48 hours of obtaining the adjoining property owners
permission. In no case, unless written approval is received from the Public Works Director may
more than 7 calendar days pass without any corrective action being taken. If at the discretion of
the city, the permittee does not repair the damage caused by the erosion, the city may perform the
remedial work required, after notice is provided to the permittee.
(2013 Code, 16.13) (Ord. 807, passed 9-25-2008)
54.53 EROSION INTO STREETS, WETLANDS, OR WATER BODIES.
If eroded soils enter, or entrance appears imminent into streets, wetlands, or other water bodies,
cleanup and repair shall be immediate. The permittee shall provide all traffic control and flagging
required to protect the traveling public during the cleanup operations. If, at the discretion of the
city, the permittee does not repair the erosion, the city may perform the remedial work required,
after notice is provided to the permittee.
(2013 Code, 16.13)
54.54 FAILURE TO DO CORRECTIVE WORK.

When a permittee fails to conform to any provision of this Chapter within the time stipulated,
the city may take the following actions:
(A) Withhold the scheduling of inspections;
(B) Withhold the issuance of a certificate of occupancy;
(C) Issue a Notice of Violation. When the city determines that an activity is not being carried
out in accordance with the requirements of this Chapter, it shall issue a written notice of violation
to the owner of the property. The notice of violation shall contain:
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a. The name and address of the owner or applicant;
b. The address when available or a description of the land upon which the violation is
occurring;
c. A statement specifying the nature of the violation;
d. A description of the remedial measures necessary to bring the development activity
into compliance with this Chapter and a time schedule for the completion of such
remedial action(s);
e. A statement of the penalty or penalties that shall or may be assessed against the person
to whom the notice of violation is directed, and;
f. A statement that the determination of violation may be appealed to the city by filing
a written notice of appeal within 15 days of service of the notice of violation. Service
may be accomplished by mail or by personal delivery of the notice.
(D) Issue a stop-work order;

(E) Direct the correction of the deficiency by city forces or separate contract. The issuance of
an erosion control permit constitutes a right-of-entry for the city or its contractor to enter upon the
construction site for the purpose of correcting deficiencies with respect to erosion control. All costs
incurred by the city in correcting erosion control deficiencies, including administrative expenses,
shall be reimbursed by the permittee. If payment is not made within 30 days after an invoice is
issued, the city may draw from the financial security, if the financial security is of an insufficient
amount, the city may assess the remaining amount against the property. As a condition of the
permit, the owner shall be required to waive notice of any assessment hearing to be conducted by
the city, concur that the benefit to the property exceeds the amount of the proposed assessment,
and waive all rights by virtue of M.S. 429.081, as it may be amended from time to time, to
challenge the amount or validity of the assessment.
(2013 Code, 16.13) (Ord. 807, passed 9-25-2008)
54.99 PENALTY.
(A) A person violating any provision of this chapter shall be guilty of a misdemeanor and upon
conviction shall be subject to the penalties imposed by state statutes for misdemeanor offenses.
(2013 Code, 16.13)
(B) For the first 12 months following the effective date of 54.15 through 54.17, no penalty
shall attach to a violation of 54.15 through 54.17. Thereafter, a person violating any provision
of 54.15 through 54.17 shall be guilty of a petty misdemeanor and upon conviction shall be
subject to the penalties imposed by state statutes for petty misdemeanor offenses.
(2013 Code, 16.11) (Ord. 807, passed 9-25-2008)
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Section 2. Effective Date. This ordinance becomes effective from and after its passage and
publication.
Adopted in regular session of the City Council of the City of Shakopee, Minnesota held this 17
day of October, 2017.
__________________________________________

Attest:
_________________________,
City Clerk
Published in the Shakopee Valley News on the ______ day of _____________, 2017.
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City of Shakopee
Design Criteria
Revised: May 4, 2004 by Resolution No. 6041

Revised: April 4, 2006 by Resolution No. 6391
Revised: September 2, 2008 by Resolution No. 6805
Revised: October 17, 2017 by Resolution No. 7933
_____________________________________________________________________________________
City of Shakopee Design Criteria Page 1
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Table of Contents
Design Criteria and General Plan Requirements - Grading, Street and

Utility Improvements
Sect. 1 General
Sect. 2 Grading
Sect. 3 Erosion and Sediment Control
Sect. 4 Storm Sewer
Sect. 5 Sanitary Sewer
Sect. 6 Utilities
Sect. 7 Street Lights
Sect. 8 Streets and Alleys
Sect. 9 Sidewalks and Trails
Sect. 10 Lots and Blocks
Sect. 11 Plan Standards
Sect. 1 General
The requirements contained in this document are minimum general requirements for new
construction. The City Engineer may require additional information and increase the minimum
requirements on any project.
Sect. 2 Grading
1. General. The grading and erosion control plans shall conform to the most recent editions of
Minnesota Stormwater Manual"Protecting Water Quality in Urban Areas" (Best
Management Practices for Minnesota), "National Urban Runoff Program" (NURP), City of
Shakopee "Comprehensive Stormwater Management Plan" or as modified herein and the
City's most recent Standard Detail Plates.
2. Grading and Erosion Control.
A. The minimum allowable grade in non paved areas is 2%.
B. No final graded slopes shall be steeper than three (3) feet horizontal to one (1) foot
vertical (3:1).
C. Driveway grades shall be less than ten (10) percent, and greater than one (1) percent.
Driveway grades shall not be greater than six (6) percent within the right-of-way.
Commercial and Industrial Driveway grades shall not be greater than six (6) percent
for any part of the driveway.
D. Lots shall be graded so as to provide drainage away from building locations.
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3. Topsoil - Sodding and Seeding. Topsoil moved during the course of construction shall be
redistributed in turf establishment areas with a minimum of six (6) inches of topsoil. Disturbed
boulevard areas shall be restored in accordance with the City of Shakopee General Specifications and
Standard Detail Plates for Street and Utility Construction. Additionally, sod must be installed the full
easement width of all drainage swales leading to drainage structures on each lot (silt fence must be
installed behind this sod).
4. Drainage. During the grading of the site, the natural drainage system shall be utilized as much
as feasible for the storage and flow of runoff.
5. As-built Grading Plan. Upon completion of the grading of subdivisions, an as-built survey of
the grading shall be submitted to the City. This plan must, at minimum, show the existing locations
and elevations of all street centerline and top of curb high points and low points, all lot corners,
building pads, intermediate tops of curb, sidewalks, trails, sanitary sewer structures, storm sewer
structures, emergency over flows, high points in non-paved areas, ponding areas and watermain.
The plan shall certify that all grading and erosion control is in conformance with the approved
plans and that all ponding areas are within drainage and utility easements. Two benchmarks shall
be shown on the as-built grading plan. No building permits shall be issued until this plan has been
submitted and approved by the City Engineer.
An electronic copy must be submitted in a format approved by the City Engineer.
6. Grading Permit. Grading Permits will be required, as described in Section 11.60151.110,

Subdivision 6 of the City Code. Prior to issuance of a grading permit, the applicant shall strictly
adhere to the requirements set forth in Chapter 16 54 of the City Code.
The applicant must submit a written application for stormwater management plan approval along
with the sites stormwater management plan per requirements set forth in Chapter 16 54 of the
City Code.
The applicant must submit the appropriate wetland applications in accordance with the Minnesota
Wetland Conservation Act (WCA) per requirements set forth in Chapter 16 54 of the City Code.
7. Tree Preservation Fence. Existing trees, which are to be saved, shall be protected with a tree
preservation fence installed at the drip line of the tree(s). No grading, construction materials, or
equipment will be allowed beyond this fence.
8. Plan Requirements. The following are specific requirements related to the development of
grading and erosion control plans for the proposed development and adjacent land within two-
hundred (200) feet unless noted otherwise:
A. Show and label existing underground and overhead utilities.
B. Show the location and indication of demolition or relocation of existing structures.
C. Show lot corner elevations and benchmarks utilized.
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D. Existing contours shall be at one (1) foot or two (2) foot intervals shown with
dashed lines and screened. The contours shall extend beyond the proposed plat
boundaries a minimum of two-hundred (200) feet or as necessary to completely
show the limits of a drainage basin not fully contained within the proposed plat.
Ten (10) foot contour intervals shall be bold.
E. Proposed contours shall be at one (1) foot or two (2) foot intervals shown with solid
lines. Ten (10) foot contour intervals shall be bold.
F. Ponds, wetlands, lakes, streams or manholes shall be shown with the following:
1. Show the NWL and HWL for ponds and wetlands.

2. Show OHWL and DNR number if applicable.
3. Ponds shall include ten (10) foot bench, sloping downward from the NWL ten
(10) feet horizontal to one (1) foot vertical (10:1).
4. Show the delineated wetland boundary.
G. Show existing and proposed building footprints with proposed floor elevations.
H. The lowest floor elevations of affected structures adjacent to outletted ponds shall
be in accordance with the Citys Stormwater Management Plan.
I. Show emergency overflow routes from all low points and show the high point
elevation along emergency overflow routes. Show directional flow arrows.
Emergency overflows shall be a minimum of one (1) foot plus the high flow
elevation (minimum of 1.5-feet) below the lowest opening elevation of adjacent
affected structures.
J. Show limits of clearing and grubbing.
K. For proposed retaining walls, identify top and bottom elevations of retaining wall.
Retaining walls greater than four (4) feet in height shall be designed and certified
by a licensed professional engineer.
L. Show all lot numbers, block numbers, and drainage and utility easements.
9. Haul Routes. Prior to grading and erosion control operations commencing, a drawing must be
submitted outlining the proposed haul routes for the import and export of all materials to and from
the site. All haul routes are subject to approval by the City Engineer.

1. Purpose. The purpose of this Section is to promote the public health, safety, property and general
welfare of the citizens of the City and to conserve the soil, water and related resources and to control
erosion and sedimentation caused by land disturbing activities.
2. Administration. The Building Official or the City Engineer (depending on the land disturbing
activity) shall be designated as the Administrator of this Section.
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3. Activities Subject to Erosion Control Measures.
A. Any land disturbing activity in residential, multi-family, commercial or industrial

zones shall be subject to erosion control measures provided that:
1. An area of ten-thousand (10,000) square feet or greater will be disturbed by

excavation, grading, filling or other earth moving activities resulting in the
loss of protective vegetation; or,
2. Excavation or fill exceeding fifty (50) cubic yards; or,
3. The installation of underground utilities, either public or private, resulting in
more than three-hundred (300) feet of trenching or earth disturbance.
B. Any subdivisions that require plat approval or a certified survey map.
C. Agricultural lands used mainly for the production of food, general farming, livestock
and poultry enterprises, nurseries, forestry, etc., are not subject to the provisions of
this Section.
D. Any other land disturbing activity for which the City Engineer determines to have the
potential for substantial erosion.
4. Erosion Control Plans.
A. All land disturbing activities covered by this Section shall be required to have an
approved erosion control plan, per requirements set forth in Chapter 5416 of the City
Code, on file with the City prior to any construction starting.
B. The erosion control plan shall contain any such information necessary for the Building
Official and the City Engineer to determine that adequate erosion and sediment control
measures are proposed. As a minimum, a topographic map showing existing and
proposed contours, location of any natural watercourses and drainage ways, the extent
of the land disturbing activity and any erosion control measures shall be shown on the
plans submitted and approved.
C. In addition to the plans, a narrative report summarizing the proposed erosion control
measures shall be submitted. This report shall include language discussing the timing
of the installation, phasing, stabilization of all structures, maintenance and eventual
removal of all structures. A Storm Water Pollution Prevention Plan (SWPPP) in
compliance with National Pollutant Discharge Elimination System (NPDES)
requirements must also be submitted.
D. At a minimum, the permittee shall meet the specifications set forth below and
observe the standards established in the NPDES Construction General Permit
requirements.
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1. Soil Stabilization: Soil stabilization shall be completed in a time period as
specified by the NPDES construction general permit and the city's general
specifications and standards. The city of Shakopee may require the site to be
reseeded or a nonvegetative option employed.
2. Seeding: Seeding shall be in accordance with seeding specifications. All
seeded areas shall be fertilized, mulched, and disc anchored as necessary for
seed retention.
3. Soil Stockpiles: Soil stockpiles which shall be inactive for a period of
fourteen (14) or more days must be stabilized or covered at the end of each
workday. Stockpiles shall include perimeter sediment controls and must not
be placed in natural buffers or surface waters, including stormwater
conveyances.
4. Ninety Percent Coverage: The entire site must be stabilized at a ninety percent
(90%) coverage, using a heavy mulch layer or another method that does not
require germination to control erosion, at the close of the construction season.
5. Site Development Sediment Controls: Site development sediment controls
practices shall include those identified in the City's general specifications
including, but not limited to:
a. Settling basins, sediment traps, or tanks.
b. Protection for adjacent properties by the use of a vegetated buffer strip
in combination with perimeter controls.
c. Perimeter control including machine sliced silt fence or other city
approved BMP, which shall be in place before, during and after
grading of the site. Fencing shall be removed only after seventy
percent (70%) stabilization.
d. Areas designated as a temporary construction staging area.
6. Temporary sediment basins: For sites that have more than ten (10) acres of
disturbed soil that drains to a common location (or, five (5) or more acres for
special or impaired waters), one or more temporary sediment basins shall be
constructed. Use of temporary basins is encouraged when construction
projects will impact steep slopes or when highly erodible soils are present.
The basin shall provide treatment to the runoff before it leaves the
construction site or enters surface waters. The temporary sediment basins
must be designed and constructed as follows:
a. Provide live storage for a calculated volume of runoff from a two (2)-
year, 24-hour storm from each acre drained to the basin. All basins
shall provide at least 1,800 cubic feet of live storage from each acre
drained or more.
b. For basins where the calculation in Section 10-1-12, B.7.a. has not
been performed, a temporary sediment basin providing 3,600 cubic
feet of live storage from each acre drained to the basin shall be
provided for the entire drainage area of the temporary basin.
c. The outlet structure must be designed to withdraw water from the
surface in order to minimize the discharge of pollutants.
d. The basin outlet shall be designed to prevent short-circuiting and the
discharge of floating debris.
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e. Ensure the basin can be completely drawn down to conduct
maintenance activities.
f. Include energy dissipation on the outlet of the basin and a stabilized
emergency overflow to prevent failure of pond integrity.
g. Be located outside of surface waters or any buffer zone, and be
designed to avoid draining water from wetlands unless appropriate
approval from the U.S. Army Corps of Engineers and the Minnesota
Department of Natural Resources is obtained.
h. If installation of a temporary sediment basin is infeasible, equivalent

sediment controls such as smaller sediment basins, and/or sediment
traps, silt fences, vegetative buffer strips, or any appropriate
combination of measures are required for all down-slope boundaries
of the construction area and for side-slope boundaries where
appropriate. Determination of infeasibility shall be documented in
the erosion and sediment control plan.
7. Individual Construction Site Sediment Controls: Individual construction site

sediment controls shall include:
a. Rock construction entrance (driveway);
b. Perimeter controls including silt fence in place before, during and
after grading of the site. Fencing shall be removed only after proper
turf establishment.
8. Waterway and Watercourse Protection: Waterway and watercourse

protection requirements shall include stabilization of the watercourse channel
before, during and after any in-channel work consistent with the City's
general specifications.
a. A temporary stream crossing must be installed and approved by the

local government unit and regulating agency if a wet watercourse will
be crossed regularly during construction.
b. The watercourse channel shall be stabilized before, during, and within
24 hours after any in-channel work.
c. No in-water work shall be allowed in Public Waters during the
MnDNRs work exclusion dates.
d. Prior to placement of any equipment into any waters, all equipment
must be free of aquatic plants and non-native animals.
e. All on-site stormwater conveyance channels designed according to
the criteria outlined in this document. Stabilization adequate to
prevent erosion located at the outlets of all pipes and paved channels
is required.
9. Site Dewatering: Site dewatering shall be conducted pursuant to the Citys

general specifications document. Water pumped from the site shall be treated
by temporary sediment basins, grit chambers, sand filters, or other controls
as appropriate to ensure adequate treatment is obtained and that nuisance
conditions will not result from the discharge. Discharges from the site shall
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not be released in a manner that causes erosion, scour, sedimentation or
flooding of the site, receiving channels or wetlands.
10. Waste and Material Disposal: All waste and unused building materials
(including garbage, debris, cleaning wastes, wastewater, toxic materials or
hazardous materials) shall be properly disposed of off-site and not allowed to
be carried by runoff into a receiving channel or storm sewer system.
a. Solid waste: All unused building materials and waste (including, but
not limited to: collected sediment, asphalt and concrete millings,
floating debris, paper, plastic, fabric, etc.) must be disposed of
accordingly and shall comply with disposal requirements set forth by
the MPCA.
b. Hazardous/toxic waste: Paint, gasoline, oil and any hazardous
materials must be properly stored, including secondary containment,
to prevent spills, leaks or other discharges. Access to the storage areas
must be restricted to prevent vandalism. Storage and disposal of
hazardous or toxic substance must be in compliance with the
requirements set forth by the MPCA.
c. Liquid waste: All other non-stormwater discharges (including, but not
limited to, concrete truck washout, vehicle washing or maintenance
spills) produced during the construction activity shall not be
discharged to any surface waters.
d. External washing of equipment and vehicles: All external washing
activities shall be limited to a designated area of the site. All runoff
must be contained and wastes from external washing activities must
be disposed of properly. No engine degreasing shall be allowed on
the site.
e. Wastes generated by concrete and other washout operations: All
liquid and solid wastes generated by any concrete or other washout
operations must be contained in a leak proof facility or impermeable
liner. Concrete waste must not come into contact with the ground.
Concrete waste must be disposed of properly and in compliance with
applicable MPCA regulations.
11. Drain Inlet Protection: All storm drain inlets shall be protected during
construction until all sources with potential for discharging to the inlet have
been stabilized. Inlet protection measures must meet the Citys standards and
specifications.
12. Energy Dissipation: Pipe outlets must have temporary or permanent energy
dissipation within 24 hours of connection to a surface water.
13. Tracking: Vehicle tracking BMPs (including, but not limited to: rock pads,
mud mats, slash mulch, concrete or steel wash racks, or similar systems) must
be installed to minimize track out of sediment from the construction site. If
vehicle tracking BMPs are not actively preventing sediment from being
tracked into the street, the applicant must immediately utilize street sweeping
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to contain sediment; then, the applicant must implement additional BMPs to
prevent tracking.
14. Final Stabilization: Final stabilization is not complete until the following
criteria are met:
a. All land disturbing activities must be finished and all soils shall be
stabilized by a uniform perennial vegetative cover with a density of
70 percent or greater of its expected final growth density over the
entire pervious surface area, or other equivalent means necessary to
prevent soil failure under erosive conditions.
b. The permanent stormwater management system is constructed, meets
all of the required design parameters and is operating as designed.
c. All temporary synthetic and structural erosion prevention and
sediment control BMPs (such as silt fence) have been removed.
BMPs designed to decompose on site may be left in place.
d. For residential construction only, individual lots are considered
finally stabilized if the structure(s) are finished and temporary erosion
protection and down gradient perimeter control has been completed
and the residence has been sold to the homeowner.
e. For construction projects on agricultural land the disturbed land has
been returned to its preconstruction agricultural use.
C.
5. Performance Standards.
A. General Standards. In general, this Section does not require the use of any particular
type of structure to control erosion and sedimentation. The City Engineer or Building
Official shall evaluate the proposed measures to determine if they follow current
accepted design criteria and engineering standards.
1. The smallest practical area of land shall be exposed at any given time during
development.
2. Exposed soil shall be seeded and mulched in accordance with NPDES
PermitPhase II requirements.
3. All development shall conform to the natural limitations presented by the
topography and soil as to create the best potential for preventing soil erosion.
4. Erosion control measures shall be coordinated with the different stages of
development. Appropriate control measures shall be installed prior to
development to control erosion.
5. The natural vegetation and plant covering shall be retained whenever possible.
Temporary vegetation, mulching or other cover shall be used to protect critical
areas and permanent vegetation shall be installed as soon as practical.
B. Standards - Stormwater Runoff Erosion.
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1. The natural drainage system shall be used when and wherever is feasible for
storage and flow of runoff. Stormwater drainage shall be discharged to
retention basins or other treatment facilities. Temporary storage area or
retention ponds shall be considered to reduce peak flows, erosion damage and
construction costs. If the drainage area is over five acres, a sediment basin
shall be utilized.
2. Silt fence or hay bales shall be utilized to control erosion and prevent
sedimentation from leaving the construction site. These structures shall be
properly installed according to the City of Shakopee Standard Specifications
and Detail Plates.
3. If needed, sod shall be laid in strips at intervals necessary to prevent erosion
and at right angles to the direction of drainage.
4. At existing storm sewer inlets, temporary sedimentation traps may be
necessary to prevent erosion from entering the storm sewer system, and
downstream water bodies.
5. Adequate provision shall be made to prevent the tracking or dropping of dirt
or other materials from the site onto any street by the use of rock construction
entrances.
C. Exposed Slopes. The following control measures shall be taken to control erosion
during construction:
1. No exposed slope shall be steeper in grade than three (3) feet horizontal to one
(1) foot vertical.
2. Exposed slopes steeper in grade than ten (10) feet horizontal to one (1) foot
vertical shall be contour plowed to minimize direct runoff of water.
3. At the foot of each exposed slope, a channel and berm shall be constructed to
control runoff. The channeled water shall be diverted to a sedimentation basin
(debris basin, silt basin or silt trap) before being allowed to enter the natural
drainage system.
4. Along the top of each exposed slope, a berm shall be constructed to prevent
runoff from flowing over the edge of the slope. Where runoff collecting
behind said berm cannot be diverted elsewhere and must be directed down the
slope, appropriate measures shall be taken to prevent erosion. Such measures
shall consist of either an asphalt paved flow apron and drop chute laid down
the slope or a flexible slope drain. At the base of the slope drain or flood
apron, a gravel energy dissipater shall be installed to prevent erosion at the
discharge end.
5. Exposed slopes shall be protected by whatever means will effectively prevent
erosion considering the degree of slope, soils materials, and expected length
of exposure. Slope protection shall consist of mulch, sheets of plastic, burlap
or jut netting, sod blankets, fast growing grasses or temporary seeding of
annual grasses. Mulch consists of hay, straw, wood chips, corn stalks, bark or
other protective material. Mulch shall be anchored to slopes with liquid
asphalt, stakes, and netting or shall be worked into the soil to provide
additional slope stability.
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6. Control measures, other than those specifically stated above may be used in
place of the above measures if it can be demonstrated that they will effectively
protect exposed slopes.
D. Dust Control Measures.
1. Temporary mulching or seeding shall be applied to open soil to minimize dust.

2. Barriers such as snow fences, commercial wind fences and similar materials
shall be used to control air currents and blowing soil if the City Engineer
determines it is necessary.
3. The exposed soil shall be watered to control dust, with frequency of watering
repeated as necessary.
4. Permanent vegetation shall be established in accordance with NPDES
PermitPhase II requirements.
6. Maintenance of Erosion Control Measures.
A. The owner or developer shall be responsible for maintaining all erosion control
structures in a condition that will ensure continuous functioning of those devices. If,
after the installation of the erosion control structure, the City Engineer determines that
additional measures are needed, they shall be installed at the expense of the owner.
B. Any erosion or sediment that runs off or blows off the site onto adjoining properties,
City streets, storm sewers, etc., shall be the responsibility of the owner or developer
for clean up and restoration. If the owner fails to properly clean up or restore all areas
affected by erosion the City will hire a contractor to complete the work and bill the
owner for the expenses associated with the clean-up.
7. Technical Reference. The City officially designates the "Protecting Water Quality in Urban
Areas" prepared by the Minnesota Pollution Control Agency as the technical reference for this
Section. This reference will be used to ensure the proper placement and installation of any proposed
erosion control structures.
8. Security. The owner or developer shall submit to the City either cash or a certified letter of credit
in accordance with current City requirements to guarantee the faithful execution of the grading and
erosion control plan. This security shall be in the amount of one-hundred twenty-five (125) percent
of the costs for grading, the construction of all erosion control devices and site restoration or
$1,000/disturbed acre, whichever is higher, including the costs of City construction observation and
administration (as approved by the City Engineer). The City is authorized to draw against this security
in the event the grading and erosion control plan is not followed.
9. Unlawful Acts. It is unlawful for any person, either by the owner or the occupant of premises, to
violate, neglect or refuse to comply with the requirements of this Section. In addition, if the Building
Official or the City Engineer determines that adequate erosion control measures are not being
followed and there is little cooperation on the part of the owner to do so, a "stop work" order may be
issued to all work on the site until such times as adequate measures are implemented.
Sect. 4 Storm Sewer

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1. Design Criteria.
A. The design criteria, policies, and objectives shall be those described in the Citys
Comprehensive Water ResourceStormwater Management Plan. No existing
ditch, stream, wetland, pond, drain or drainage canal shall be deepened, widened,
filled, re-routed or filled without approval from the City Council.
B. Storm sewer shall be designed to have a minimum full flow velocity of three (3)
feet/second.
C. Storm sewer structures exceeding four (4) feet in depth shall have a minimum
diameter of forty-eight (48) inches.
2. Pond Slopes. Pond slopes below the HWL shall not be steeper than four (4) feet horizontal to
one (1) foot vertical. All ponds shall have a bench at the normal water level. This bench shall be
a minimum of ten (10) feet wide and the slope of this bench shall not be steeper than ten (10) feet
horizontal to one (1) foot vertical.
3. Plan Requirements. A Stormwater Management Plan, along with supporting documentation,

must be prepared and submitted that meets City drainage standards. Outlined below, please find
a listing of information to be submitted:
A. Drainage reports and studies shall include an overall drainage plan. The
information listed below, if not shown on the drawings, shall be included in the
report. The use of appropriate forms and design aids is recommended.
1. Runoff rate and ponding calculations for the site for the two (2) year, ten
(10) year and one-hundred (100) year rainfall events and the one-hundred
(100) -year, ten (10) day snow melt event. These computations should be
provided for both the existing and future conditions, or as necessary to
demonstrate compliance with the Citys Comprehensive Water Resource
Management Plan. Computations shall identify the critical duration of the
rainfall events.
2. Open channel flow calculations/computations.
3. Storm sewer and storm inlet flow calculations for the ten (10) year rainfall
event.
4. Culvert design flow calculations for the ten (10) year and one-hundred (100)
year rainfall events.
5. Summation of all design variables used and design assumptions made.
6. Soil classification reports and depth of underground water table throughout
the study area when detention or retention ponds are used.
7. The boundary and designation of all tributary drainage areas and the area of
each in acres.
8. The designation and location of each design point referred to in the
calculations.
9. The reference source and a copy of all other monographs or design aids used
in the calculations.
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B. The preliminary drainage report shall be approved by the City Engineer prior to
Engineering approval of any Preliminary Plat or Preliminary P.U.D. The study will
consist of calculations, comments and descriptions on 8-1/2" x 11" paper and an
area map on one 22 x 34 drawing. Calculations shall include the two (2) year,
ten (10) year, and one-hundred (100) year rainfall events and the one-hundred (100)
year, ten (10) day snow melt event calculations of all tributary areas to the
development, all collection points within the development and all points
discharging from the development. The 22 x 34map shall be a topographic map
of both the development and all areas tributary to the development. The map shall
show the total acreage and anticipated runoff rates at all points noted in the
calculations. In addition, the map shall show the proposed location of all drainage
facilities to be located within the development and their relationship to existing
facilities in adjacent developments. Any scale from 1" = 50' to 1" = 400 may be
used to limit the drawing to one sheet.
C. A final drainage report shall be submitted and approved in conjunction with

construction drawings. The study shall include calculations on 8-1/2" x 11" paper
and a drainage map of the development of 22 x 34 drawing. Calculations shall
address all aspects of runoff, retention, detention, channel flow, or other appropriate
information that is necessary for the design of the drainage system. The drainage
map shall be prepared on the overall grading plan for the development. It shall
illustrate the drainage patterns in the development as well as the location of all
drainage facilities within the development. The map shall also show the runoff
rates and acreage tributary to all collection points within the development. When
intersections serve as collector points, the flow in each curb line must be noted.
This drawing may use scales from 1" = 50' to 1' = 200', in order to limit the drawing
to one sheet. When more than one sheet is used a scale of 1" = 200' shall be utilized.
D. An overall drainage plan of the study area, including all areas outside of the study
area, which contributes runoff to the study area and all downstream areas, which
will be effected, by runoff from the study area, must be submitted. Drainage area
plans shall be submitted showing the effects of the two (2) year, ten (10) year and
one (100) year rainfall events and the one-hundred (100) year, ten (10) day snow
melt event.
E. The following methods shall be used to verify the adequacy of designs submitted
for approval: The method used shall be approved by the City Engineer.
1. Rational method for storm sewer design computations and peak discharge
rates from a single isolated watershed.
2. Urban Hydrology for Small Wetlands Technical Release No. 55 and
Technical Release No. 20 published by Soil Conservation Service, U.S.
Department of Agriculture.
3. HEC-1, HEC-2, or HEC-RAS.
4. Minnesota Hydrology Guide published by Soil Conservation Service, U.S.
5. Stormwater treatment ponds designed to NURP standards.
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F. The following criteria shall be utilized in the analysis of the drainage system.
1. Runoff analysis shall be based upon proposed land use, and shall take into
consideration all contributing runoff from areas outside of the study area.
2. The analysis of storm runoff from existing developed areas lying outside of
the study area shall be based upon present land use and topographic features.
3. All undeveloped land lying outside of the study area shall be considered as
fully developed based upon the most probable anticipated future land use.
Provided, however, that whenever the future land use of a specific
undeveloped area cannot be accurately predicted, the average runoff
coefficient to be used in said area shall not be less than 0.60 for the Rational
Method runoff coefficient or an approved equivalent value for any other
method.
4. The probable future flow pattern in undeveloped areas shall be based on
existing natural topographic features (existing slopes, drainage ways, etc.)
and shall conform to the Comprehensive Storm Water Management Plan.
5. Average land slopes in both developed and undeveloped area may be used
in computing runoff. However, for areas in which drainage patterns and
slopes are established, these shall be utilized.
6. Flows and velocities which may occur at a design point when the upstream
area is fully developed shall be considered. Drainage facilities shall be so
designed such that increased flows and velocities will not cause erosion
damage.
7. The use of on-site detention and natural drainage ways is recommended and
encouraged whenever possible. The changing of natural drainage way
locations will not be approved unless such change is shown to be without
unreasonable hazard and liability, substantiated by thorough analysis and
investigation.
8. The planning and design of drainage systems shall be such that problems
are not transferred from one location to another. Outfall points shall be
designed in such a manner that will not create flooding hazards downstream.
G. The rainfall intensities to be used in the computation of runoff shall be obtained

from the Intensity - Duration - Frequency Curves for the Shakopee area as
contained in the Mn/DOT Drainage Manual in accordance with Atlas 14 data and
shall be based upon a two (2) year, ten (10) year and one-hundred (100) year return
frequency.
H. All lateral storm sewer facilities shall be designed to accommodate a ten (10) year
rainfall event. The initial ten (10) year storm shall be conveyed without surcharging
the system. Low points on streets shall be designed with an acceptable emergency
overflow route.
I. Storm sewer pipe for all public systems and connection to public systems shall be
reinforced concrete pipe (RCP), unless otherwise approved by the Public Works
Director.
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J. Connections to existing manholes or catch basins shall be core drilled.
K. Driveway culverts in rural areas shall be at least eighteen (18) inches in diameter.
Plastic pipe is prohibited.
L. All storm sewer shall be at least fifteen (15) inches in diameter.
M. When a smaller sewer joins a larger one, the invert of the larger sewer should be
lowered to maintain the same energy gradient. An acceptable method for securing
these results is to place the 0.8 depth point of both sewers at the same elevation.
N. Storm sewer placed in non-paved areas must be placed on property corners and
property lines when possible.
O. Catch basins in non-paved areas must be placed so as to minimize standing water.

The spacing and locations are subject to the approval of the City Engineer.
P. Stormwater management requirements for permanent facilities.
1. An applicant shall install or construct, on or for the proposed land

disturbing or development activity, all stormwater management facilities
necessary to meet the criteria of the citys Water Resources Management
Plan, Design Criteria, and the NPDES Construction General Permit. No
private stormwater facilities will be approved by the city unless a
maintenance plan and maintenance agreement are provided that defines
who will conduct the maintenance, the type of maintenance, and intervals
of the maintenance. In the alternative, or in partial fulfillment of this
requirement and upon approval of the Public Works Director, an applicant
may make an in-kind or monetary contribution to the development and
maintenance of regional stormwater management facilities designed to
serve multiple land disturbing and development activities undertaken by 1
or more persons, including the applicant.
2. Proposed Stormwater Management Plans shall incorporate volume

control, water quality control, and rate control as the basis for stormwater
management in the proposed development plan on sites without
restrictions. All proposed projects shall be in conformance with the City
of Shakopees Comprehensive Water Resources Management Plan,
Design Criteria, and the most current requirements of the Minnesota
Pollution Control Agency (MPCA) Municipal Separate Storm Sewer
Systems (MS4) Permit, as applicable, meeting the more restrictive criteria.
a. Volume Control
i. New Development. For nonlinear projects and for
developments, stormwater runoff volumes will be controlled
and the post-construction runoff volumes shall be retained on
site for 1.0 inches of runoff from all impervious surfaces.
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ii. Redevelopment. For redevelopment projects, stormwater
runoff volumes will be controlled and the post-construction
runoff volume shall be retained on site for 1.0 inches of runoff
from the new impervious surfaces created by the project.
There shall be a net reduction from the pre-project conditions
(on an annual average basis) of:
1) Stormwater discharge volume, unless precluded by the
stormwater management limitations as defined by the
Minnesota Pollution Control Agency MS4 Permit, as
amended, and the limitations defined in this ordinance.
a) Where industrial facilities are not authorized to
infiltrate industrial stormwater under an NPDES/SDS
Industrial Stormwater Permit issued by the Agency.
b) Where vehicle fueling and maintenance occur.
c) With less than three (3) feet of separation distance from
the bottom of the infiltration system to the elevation of
the seasonally saturated soils or the top of bedrock.
d) Where high levels of contaminants in soil or
groundwater will be mobilized by the infiltrating
stormwater.
2) Stormwater discharges of Total Suspended Solids (TSS).
3) Stormwater discharges of Total Phosphorus (TP).
b. Water Quality Control. For New Development, the water quality
control standard shall be considered satisfied if the volume control
standard has been satisfied. In the event that it is infeasible to meet
the volume control standard due to contaminated soils, site
constraints, etc., the proposed plan will need to maintain the TSS
and TP loading; and for redevelopment the goal is to reduce the TSS
and TP loadings (Non-Permit method alternative method with
little to no additional modeling required). Methods for meeting these
requirements in the decreasing order of preference:
i. Credits and site design practices to minimize the creation of
connected impervious surfaces are used to the extent practical.
ii. Underdrains to promote filtration instead of infiltration.
iii. Off-site infiltration.
iv. On-site wet detention with permanent pool volume below the
normal outlet that is greater than or equal to the runoff from a 2.5
inch, 24-hour storm over the entire contributing drainage area,
assuming full development.
c. Rate Control. Rate control measures are required on new
development and redevelopment projects to meet the water quantity
criteria of the latest citys Comprehensive Water Resource
Management Plan.
Q. Pond design standards. Stormwater detention facilities constructed in the city shall
be designed according to standards established by the Engineering Division, and
identified as follows:
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1. A permanent pool (dead storage) volume below the principal spillway
(normal outlet) which shall be greater than or equal to the runoff from a 2-
1/2 inch rainfall over the entire contributing drainage area assuming full
development;
2. A permanent pool average depth (basin volume/basin area) of 4 to 10 feet;
3. An emergency overflow (emergency outlet) adequate to control the 1%

4. Basin side slopes below the 100-year high water level should be no steeper
than 4:1, and preferable flatter. A basin shelf with a minimum width of 10
feet and 1 foot deep below the normal water level is recommended to
enhance wildlife habitat, reduce potential safety hazards, and improve
access for long-term maintenance;
5. To prevent short-circuiting, the distance between major inlets and the

normal outlet shall be maximized;
6. A flood pool (live storage) volume above the principal spillway shall be
adequate so that the peak discharge rates meet the requirements of the
citys comprehensive water resources management plan;
7. Pond outlets may not be smaller than the minimum size indicated in the
8. Consideration for aesthetics and wildlife habitat should be included in the

design of the pond;
9. A skimming device must be provided to deter floatable pollutants from

discharging out of pond;
10. Design of stormwater facilities shall accommodate the 100-year critical

event (100- year, 24-hour storm event or 10-day snowmelt event). This
includes lakes, ponds, and their outlets; and
11. Pond normal water level elevations shall be established above the ordinary
high water level of adjacent public waters, except where topography of the
site, floodplain mitigation activities, or other design considerations are
determined to be unfavorable for these conditions to occur. This
determination shall be performed by the applicants engineer and
approved by the Public Works Director.
R. Infiltration design standards. Best management practices to manage infiltration

will be required to the maximum extent practical.
1. Volume control BMPs must be incorporated into the project design to

minimize the creation of new impervious surface and reduce the existing
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impervious surfaces, minimize the amount of directly connected
impervious surface, preserve and improve the infiltration capacity of the
soil, and limit increases in runoff volume exiting the site to the extent
feasible considering site-specific conditions.
2. When using infiltration for volume reduction, runoff must be infiltrated
within 48 hours using accepted BMPs for infiltration, such as infiltration
trenches, rainwater gardens, infiltration benches or infiltration basins. A
site investigation must be conducted confirming adequate infiltration
parameters. A post construction percolation test must be performed on
each infiltration BMP and must demonstrate that the constructed
infiltration rate meets or exceeds the design infiltration rate prior to the
acceptance by the city.
3. The maximum extent practical required may be less if the Public Works
Director determines that 1 or more of the following conditions apply. If 1
or more of the following conditions apply, the Public Works Director shall
quantify the amount of infiltration that will be deemed as the maximum
extent practical for the site:
a. The infiltration characteristics of soils on the site are not favorable
for the infiltration of stormwater;
b. The sites drainage course is to regional infiltration or detention
facilities controlled by the city that reduce runoff volumes;
c. The development of the site does not increase the sites impervious
areas; or
d. Other site conditions that make the infiltration of stormwater
impractical as determined by the Public Works Director.
4. Infiltration will be prohibited where the infiltration BMP will be

constructed in any of the following areas:
a. Where documented past, present, or anticipated future land uses
have resulted in or may result in contamination coming in contact
with stormwater runoff.
b. With less than three (3) feet of separation distance from the bottom
of the infiltration system to the elevation of the seasonally saturated
soils or the top of bedrock.
c. Where vehicle fueling and maintenance occur.
d. Where industrial facilities are not authorized to infiltrate industrial
stormwater under and NPDES/SDS Industrial Stormwater Permit
issued by the MPCA.
5. Infiltration will be restricted and subject to additional City review where the
infiltration BMP will be constructed in any of the following areas:
a. Within 1,000 feet up-gradient, or 100 feet down-gradient of active
karst features.
b. Where Drinking Water Supply Management Areas are present, as
defined by Minn. R. 4720.51000, subp.13, unless precluded by a
local unit of government with an MS4 permit.
c. Soils are predominately Hydrologic Soil Group D (clay) soils.
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d. Soil infiltration rates are more than 8.3 inches per hour unless soils
are amended to slow the infiltration rate below 8.3 inches per hour.
e. Stormwater runoff shall be treated in a stormwater pond or by other
means prior to entering an infiltration facility; or
6. The minimum infiltration requirements for any region of the city will be
the requirements of the watershed district or watershed management
organization policies that govern that region. These policies may be met
through the use of regional or downstream systems prior to discharge of
runoff to waters of the state.
7. Infiltration systems must not be excavated to final grade until the
contributing drainage area has been constructed and fully stabilized. When
the infiltration feature is excavated to final grade, rigorous erosion
prevention and sediment control BMPs must be implemented to keep
sediment and runoff completely away from the infiltration area.
8. To prevent clogging of the infiltration system, a pretreatment device must
be used to settle particles before the stormwater discharges into the
infiltrations system.
9. Areas of permanent pools tend to lose infiltration capacity over time and
will not be acceptable as an infiltration practice.
10. Per Ordinance Section 54.15 Stormwater Management Plan Approval and
Implementation Standards, the infiltration system must provide a water
quality volume (calculated as an instantaneous volume) of one (1) inch of
runoff (or one (1) inch minus the volume of stormwater treated by another
system on the site) from the new impervious surfaces created by the
project.
11. The applicant must ensure filtration systems with less than three (3) feet of
separation from seasonally saturated soils or from bedrock are constructed
with an impermeable liner.
12. A minimum maintenance access of twelve (12) feet is required.
S. Mitigation.
1. Where construction projects cannot meet volume, TSS, or TP reduction

requirements for new development or redevelopment projects on the site of
original construction, all methods must be exhausted prior to considering
alternative methods and/or locations where volume and treatment standards
can be achieved. If the city has determined that all methods have been
exhausted, the permittee will be required to identify alternative locations
where the standards can be achieved or alternative methods in the following
order of preference:
a. Locations that yield benefits to the same receiving water that receives
runoff from the original construction activity.
b. Locations within the same Department of Natural Resource (DNR)
catchment area as the original construction activity.
c. Locations in the next adjacent DNR catchment area up-stream.
d. Locations anywhere within the City of Shakopee.
e. Biofiltration.
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2. In addition, mitigation projects must also meet the following criteria:
a. Mitigation projects shall involve the establishment new structural
stormwater BMPs or the retrofit of existing structural stormwater
BMPs, or the use of a properly designed regional structural
stormwater BMP.
b. Previously required routine maintenance of structural stormwater
BMPs cannot be considered mitigation.
c. Mitigation projects must be finished within 24 months after the
original construction activity begins.
d. A maintenance agreement specifying the responsible party for long-
term maintenance shall be identified.

1. General. The minimum diameter for public sanitary sewer mains shall be eight (8) inches.
Sanitary sewer design must account for the study area and all areas outside the study area which
would naturally drain through the study area. Natural drainage areas will be established by using
the Comprehensive Sewer Plan and Comprehensive Water Resource Management Plan adopted
by the City. In no case shall the design velocity be less than 2.2 feet per second or more than ten
(10) feet per second as computed by Mannings formula for flow in open channels (Mannings
shall be 0.013 for purposes of design).
2. Design Criteria. Sanitary sewers shall be designed and constructed in accordance with the
most current edition of Recommended Standards for Sewage Works; a report of Committee of the
Great Lakes - Upper Mississippi River Board of State Sanitary Engineers.
3. Plan Requirements and Design Guidelines. The following are specific requirements related
to the design of sanitary sewer and sanitary sewer services:
A. The sanitary sewer alignment shall follow the centerline of the street where
practical.
B. The maximum spacing between manholes is four-hundred (400) unless approved

otherwise.
C. All manholes at intersections shall be located at centerline/centerline.
D. Manholes are required on the terminus end of all stubs if the line will be active.
E. Connections to existing sanitary sewer manholes shall be core-drilled and fitted

with a watertight boot.
F. Inside drop manholes are not allowed.
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G. The minimum depth of a sanitary sewer manhole is nine (9) feet unless previously
approved by the City Engineer.
H. Changing of pipe material between manholes is not permitted except at outside

drops.
I. Sanitary sewer services shall be a minimum four (4) diameter PVC (SDR 26).
J. Sanitary sewer services shall not be connected to a manhole unless otherwise

approved.
K. The minimum depth of the sanitary sewer service at the easement line shall be nine
(9) feet unless otherwise approved.
L. Sanitary sewer pipe shall be PVC SDR 35 (0 - 18' deep) and PVC SDR 26 (18-
26) deep. Alternate pipe materials for sanitary sewer deeper than twenty-six (26)
feet will be required as determined by the City Engineer.
M. Rerounding of pipe is not allowed unless previously approved by the City Engineer.
N. The contractor shall install a marker post at the end of each sanitary sewer
service. The developer shall provide GPS coordinates of each marker post and GPS
coordinates of each sanitary sewer service wye. Final record drawings submitted
to the City shall have a table identifying each sanitary sewer service with the
aforementioned GPS coordinates.
Sect. 6 Utilities
1. Public Water. Where a connection to the City water system is presently available at or reasonably
near the boundary of the subdivision, water distribution facilities, including fire hydrants, shall be
installed to serve all properties within the subdivision and shall be in accordance with policies of the
Shakopee Public Utilities Commission. Public Water systems shall be designed and constructed in
accordance with the standards and policies of the Shakopee Public Utility Commission.
2. Other Utilities. Electric service, phone service, and cable television installations to residential
structures shall be underground from the main line to the residential structure except where extreme
conditions prohibit and a variance from this requirement is authorized by the Planning Commission
upon advice of the Utilities Commission. Provisions shall also be made for underground connections
of street lights as required from main lines to the street line installation.
Where telephone, electric and/or gas service lines are to be placed underground, conduits or cables
shall be placed within easements or dedicated public ways, in such a manner so as not to conflict with
other underground services, and in locations as approved by the City Engineer. All drainage and other
underground utility installations that traverse privately owned property shall be protected by
easements.
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1. Design Criteria. The subdivider shall provide for installation of street lighting and operation for
a period of three (3) years as prescribed by the Utilities Manager. Street lighting shall be designed
and constructed in accordance with the standards and policies of the Shakopee Public Utility
Commission and the City of Shakopee.
Sect. 8 Streets
1. General.
A. The arrangement of thoroughfares and collector streets shall conform as nearly as

possible to the Comprehensive Plan. Except for cul-de-sacs, streets normally shall
connect with streets already dedicated in adjoining or adjacent subdivisions, or
provide for future connections to adjoining unsubdivided tracts, or shall be a
reasonable projection of streets in the nearest subdivided tracts. The arrangement of
thoroughfares and collector streets shall be considered in their relation to the
reasonable circulation of traffic, to topographic conditions, to runoff of stormwater, to
public convenience and safety, and in their appropriate relation to the proposed uses
of the area to be served.
B. Where the plat to be submitted includes only part of the tract owned or intended for
development by the subdivider, a tentative plan of a proposed future street system for
the unsubdivided portion shall be prepared and submitted by the subdivider at the
same scale as set forth herein.
C. When a tract is subdivided into larger than normal building lots or parcels, such lots
or parcels shall be so arranged so as to permit the logical location and openings of
future streets and appropriate resubdivision, with provision for adequate utility
connections for such resubdivision.
2. Street Width and Right-of-Way Width.
A. Two-way right-of-way widths and pavement widths (back to back of curb) shall
conform to the Citys adopted Transportation Plan, with the exception of the local
roads. The local road width shall be as follows:
Classification Right-of-Way Roadway
Local (anticipated traffic of 200 or

less cars per day, as determined
by the City Engineer) 60 Feet 33 Feet
Local (more than 200 cars per day) 60 Feet 37 Feet
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B. All one-way right-of-way widths and pavement widths (back to back of curb) shall
conform to the following minimum dimensions:
Local 45 Feet 25 Feet

Collector Streets 60 Feet 30 Feet
Arterial Streets 60 Feet 30 Feet
3. Streets.
A. Public Streets and alleys shall be designed and constructed in accordance with the
General Specification and Standard Detail Plates for Street & Utility Construction.
All street and alley construction shall be inspected by the City Engineering
Department.
B. The full width of the right-of-way of each street and alley dedicated in the plat shall
be graded. The width shall comply with the surface provisions of this Chapter and
Class 5 MN/DOT aggregate or other suitable base shall be required as prescribed by
the Engineering Department.
C. All streets shall be surfaced with a bituminous surface or portland cement concrete.
D. Except where justified by special conditions, such as the continuation of an existing

alley in the same block, alleys will not be approved in residential districts. Dead end
alleys shall be avoided, whenever possible, but if unavoidable, such dead end alleys
must provide adequate turnaround facilities at the closed end.
E. Concrete curb and gutter may be required as a part of the required street surface
improvement and shall thus be designed for installation along both sides of all
roadways in accordance with the standards of the City
F. Rural roadway sections, that do not include concrete curb and gutter, shall consist of
roadside ditches and five (5) foot gravel shoulders.
4. Grades.
A. All center line gradients shall be at least 0.5 percent and shall not exceed the following:
Classifications Gradient Percent
Arterial Streets 5
Collector Streets 6
Local Streets 7
Marginal Access Streets 7
Alleys 8
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The grades at intersecting state-aid streets shall not be greater than 1.0% for 50 on
either side of the state-aid street, and not greater than 2.0% for an additional 50. The
grades at intersecting arterial streets shall not be greater than 2.0% for 200 on either
side of the intersection. On local streets, the grade shall not be greater than 3.0% for
100 on either side of the intersection. The more important street at an intersection,
as determined by the City Engineer, shall govern the through grade.
5. Street Jogs. Street jogs (intersections less than 330 feet apart) must be approved by the City
Engineer.
6. Local Streets. Local streets shall be so aligned that their use by through traffic will be discouraged.
Dead end streets are prohibited, but cul-de-sacs will be permitted where topography or other
conditions justify their use.
7. Cul-de-sacs. Maximum length of cul-de-sac streets shall be one-thousand (1,000) feet for rural
service areas and seven-hundred fifty (750) feet for urban service areas measured along the center
line from the intersection of origin to end of right-of-way. Cul-de-sacs shall have a dedicated right-
of-way with a minimum radius of sixty (60) feet, and shall be paved with a minimum radius of forty-
six (46) feet (to back of curb). Lot lines abutting cul-de-sacs shall be radial except in extreme cases
where special permission may be granted otherwise.
8. Temporary Cul-de-sacs. In new subdivisions where a future public street will connect to a
temporary street stub, a temporary cul-de-sac will be required. The maximum length of temporary
cul-de-sac streets shall be seven-hundred fifty (750) feet for both rural service and urban service areas,
measured along the center line from the intersection of origin to end of pavement. The minimum
paved surface diameter shall be seventy (72) feet, without curb and gutter. A temporary cul-de-sac
will not be required for street stubs that serve less than three (3) lots.
9. Service Roads. Where a subdivision abuts or contains an existing or planned service road or a
railroad right-of-way, the Council may require a street approximately parallel to and on each side of
such right-of-way for adequate protection of residential properties and to afford separation of through
and local traffic. Such marginal access streets shall be located at a distance from the major
thoroughfares of railroad right-of-way suitable for the appropriate use of the intervening land, as for
park purposes in residential districts, or for commercial or industrial purposes in appropriate districts.
Such distances shall also be determined with due regard for the requirements of approach grades and
future grade separations.
10. Half Streets. Half streets shall be prohibited, except where essential to the reasonable
development of the subdivision in conformity with the other requirements of these regulations; and
except where the Council finds it will be practicable to require the dedication of the other half when
the adjoining property is subdivided. Wherever there is a half street adjacent to a tract to be
subdivided, the other half of the street shall be platted within such tract.
11. Surface. All street surfaces shall be designed and constructed in accordance with the standard
specifications and shall provide a warranty bond before being accepted by the City for maintenance.
Curb and gutter or shoulder and bituminous surfacing shall be constructed at the same time.
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12. Reserve Strips. Reserve strips controlling access to streets shall be prohibited.
13. Hardship to Owners of Adjoining Property Avoided. The street arrangement shall not be such
as to cause hardship to owners of adjoining property in platting their own land and providing
convenient access to it.
14. Access to Arterial and Collector Roadways. In the case where a proposed plat is adjacent to an
arterial or collector road, the applicant shall not direct vehicle or pedestrian access from individual
lots to such roadways. The subdivider will be required to provide access to all lots via public streets.
Spacing of these public streets shall meet the requirements of the Citys adopted Transportation Plan.
15. Platting of Small Tracts. In the platting of small tracts of land fronting arterial roadways where
there is no convenient access to existing entrances and where access from such plat would be closer
than 1/4 mile from an existing access point, a service road forty (40) feet wide shall be dedicated
across the tract. As the neighboring land is platted and developed, and access becomes possible to
the service road, direct access to the thoroughfares shall be prohibited.
16. Deflections/Horizontal Curves. When connecting street lines deflect from each other at any one
point by more than ten (10) degrees, they shall be connected by a curve with a radius of not less than
one-hundred twenty (120) feet. Depending on grades and projected traffic volumes the City Engineer
may require a larger radius. This minimum curve radius does not apply to intersecting street lines
(full street intersections) or to street lines connected at T intersections. Collector street horizontal
centerline curves shall meet State Aid Standards.
17. Street Vertical Curves. Vertical curves on local roads shall be designed to meet a minimum
design speed of thirty (30) mph. The City Engineer will determine the design speed for arterial
and collector roads. The minimum allowable curve length is fifty (50) feet unless the algebraic
difference between grades within a vertical curve is less than 1.2 percent, then the allowable
minimum vertical curve length is twenty (20) feet.
18. Angle of Intersections. The angle formed by the intersection of streets shall be ninety (90)
degrees. Any variance will require approval by the City Engineer.
19. Size of Intersection. Intersections of more than four corners shall be prohibited.
20. Curb Return Radius. Minimum curb return radii at intersections shall conform to the following
table:
Curb Return Radius (feet) at Intersections
Local (33) Local (37) Collector Arterial
Local (33 wide) 20 0

Local (37wide) 20 20
Collector 25 25 25
Arterial 30 25 25 25
Industrial 30 25 25 25
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The City Engineer may require larger radii. The County Engineer will determine radii at intersections
at County roads.
21. Crosspans. Double crosspans may be used at the intersection of residential streets only when
necessary to prevent flooding of one side of the street. Crosspans are not allowed across collector or
arterial streets. Crosspans are not allowed on streets with storm sewer systems or on other streets
designated by the City Engineer.
22. Street Section Design. The street section shall be designed as set forth in the Geotechnical
and Pavement Manual (Chapter 5), as prepared by the Minnesota Department of Transportation.
It shall be accompanied by a complete soils report certified by a licensed professional engineer.
The following minimum pavement thickness and aggregate thickness shall apply to all streets:
Minimum Minimum
Bituminous Pavement Aggregate Base
Arterial Street 5 10
Collector Street (Residential) 4 8
Minimum Minimum
Collector Street (Commercial) 5 10

Collector Street (Industrial) 5 10
Local Street 4 8
All streets with subgrade soil with an R value of thirty (30) or lower shall be constructed with
two (2) feet of granular borrow and one-hundred (100) feet of drain tile connected to and centered
on each low point catch basin.
The street section must be approved by the City Engineer and may be adjusted by the City Engineer
based on the soils report.

1. Sidewalks.
A. The sidewalks shall not be located less than one foot from the property line, nor be
adjacent to the curb except as determined in commercial areas. Sidewalks in industrial
areas shall be located to conform to the anticipated pedestrian flow of the
development.
B. Sidewalks shall slope 1/4 inch per foot away from the property line and the profile
grades shall conform to street grades.
C. Planned unit development shall be subject to the location, widths, and grades set forth
herein.
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D. The subdivider shall install sidewalks on both sides of an officially designated arterial
street and on one side of collector streets, and walkways to schools; such collector
streets and walkways to be determined by the Planning Commission and approved by
the Council. If the street is along a designated trail route, a bituminous trail may be
required in place of the sidewalk, as determined by the Planning Commission and
approved by the Council.
E. In blocks over nine-hundred (900) feet long, pedestrian crosswalks through the blocks,
and at least ten (10) feet wide, may be required by the Council in locations deemed
necessary to public health, convenience and necessity.
F. Curb returns and intersections where sidewalk is required shall have handicap ramps
with truncated domes.
G. All sidewalks widths shall be five (5) feet, except in commercial areas where the width
may be wider, as determined by the City Council.

1. Easements.
A. A minimum of five (5) feet drainage and utility easement is required adjacent to all
side yard lot lines.
A minimum of ten (10) feet of drainage and utility easement is required adjacent to
all front lot lines, rear lot lines or lot lines adjacent to public right-of-way.
A minimum twenty (20) feet of drainage and utility easement is required centered over
all utilities less than five (5) feet deep.
For utilities deeper than five (5) feet, the minimum easement width shall be calculated
assuming a one (1) foot trench bottom and 1-foot (vertical) to 1.5-foot (horizontal)
side slopes. For example, a utility ten (10) feet deep will require a minimum easement
width of thirty (31) feet.
The City Engineer may increase easement requirements, as necessary
B. Where a subdivision is traversed by a water course, drainage way/swale, channel or

stream, there shall be provided a stormwater easement or drainage right-of-way
conforming substantially to lines of such watercourse, and such further width or
construction, or both, as will be adequate for the purpose. Parallel streets or parkways
may be required in connection therewith.
C. Drainage and utility easements shall be shown on the final plat, out to the one-hundred
(100) year highwater level contour.
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D. Access easements, for future maintenance, shall be provided for ponding areas within
subdivisions.
2. Blocks.
A. Block length and width or acreage within bounding streets shall be such as to
accommodate the size of residential lot required in the area by the Zoning Chapter and
to provide for convenient access, circulation control and safety of street traffic.
B. Residential block lengths shall not exceed one-thousand three-hundred (1,300) feet.
Blocks intended for commercial and industrial use must be designed as such, and the
block must be of sufficient size to provide for adequate off-street parking, loading and
such other facilities as are required to satisfy the requirements of the Zoning Chapter
of the City Code.
C. A block shall be so designed as to provide two tiers of lots, unless it adjoins a railroad
or major thoroughfare where it may have a single tier of lots.
3. Lot Standards.
A. The lot dimensions shall be such as to comply with the minimum lot areas specified
in the Zoning Chapter.
B. Side lines of lots shall be substantially at right angles to straight street lines or radial
to curved street lines.
C. In the subdividing of any land, due regard shall be shown for all natural features, such
as tree growth, wetlands, steep slopes, watercourse, historic spots, or similar
conditions, and plans adjusted to preserve those which will add attractiveness, safety
and stability to the proposed development.
D. All remnants of lots below minimum size left over after subdividing of a larger tract
must be added to adjacent lots rather than allowed to remain as unusable parcels.
E. Double frontage (lots with frontage on two parallel streets) or reverse frontage shall
not be permitted except:
1. Where lots back on an arterial or collector street, in which case vehicular and
pedestrian access between the lots and arterial streets shall be prohibited. Such
double frontage lots shall have an additional depth of at least twenty (20) feet
in order to allow space for screen planting along the back lot line.
2. Where topographic or other conditions render subdividing otherwise
unreasonable, such double frontage lots shall have an additional depth of at
least twenty (20) feet in order to allow space for screen planting along the back
lot line.
F. All lots must abut their full frontage on a publicly dedicated street.
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G. Rural service lots shall be designed in such a manner whereby septic tanks, drainfields
and homes are located as to allow future subdivision of the land upon the requirement
of the City Engineer where future urban service expansion is probable. The City may
also require at the time of final subdivision approval that a covenant be recorded which
requires the placement of future structures in accordance with approved preliminary
plat design. Whenever a parcel of land is subdivided into lots containing one or more
acres and there are indications that such lots may eventually be subdivided into smaller
plats, the Council may require that such parcel of land be divided so as to allow for
the future construction of streets and the extension of adjacent streets. Easements
providing for the future opening and extension of such streets may be made a
requirement of the plat.
H. All lots or parcels shall have direct adequate physical access for emergency vehicles
along the frontage of the lot or parcel from a public roadway
4. Buffering Residential Subdivisions Adjacent to Intermediate and Principal Arterial Roads.
A. In all residentially zoned areas determined by the Administrator to have significant

noise impact within one-hundred twenty-five (125) feet of the roadway right-of-way
or areas of noise impact estimated to maintain ambient decibel ratings of seventy (70)
DbA or greater, one or a combination of the following design requirements shall
apply:
1. Lots adjacent to the roadway right-of-way shall be sized wherein a One-

hundred twenty-five (125) foot buffer strip be provided as additional setback
to lot depth or width standards supplementary to the minimum lot size and
setback of the zoning provisions of the applicable district. An earth berm or
other acceptable barrier technique shall be constructed to abate noise impact
adjacent to roadway right-of-way equal to or below the seventy (70) DbA
standard accompanied by the following:
a. A plan showing the existing and anticipated noise levels in DbA that
are or will be expected on the site and in the immediate vicinity of the
site.
b. A description of the site plan construction techniques, architectural
designs, and other measures expected to be taken to reduce ambient
noise levels. Such description shall include sufficient plans and other
drawings to enable the City to accurately identify the noise reduction
measures expected to be taken.
B. Responsibility for any noise mitigation measures shall be the responsibility of the
developer, its successors and/or assigns. This responsibility shall be included and
clearly stated in plat approval resolutions or other relevant approval documents.
5. Buffering Residential Dwellings Adjacent to Wetlands and Stormwater Ponds
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A. In all zoned areas where residential dwellings are adjacent to, or are within one-
hundred (100) feet of a wetland or stormwater pond, the following design
requirements shall apply:
1. All residential dwellings shall be at least thirty (30) feet horizontal from the
one-hundred (100) year high water level of the wetland or pond. Building
setbacks shall be in accordance with the latest addition of the Citys
Stormwater Management Plan.
2. In commercial or industrial zoned areas where a stormwater pond is proposed
to be within one-hundred (100) feet of a residential dwelling, a fence shall be
installed along the property line separating the commercial zoned (or
industrial zoned) area and the residential property.

1. General Plan And Drafting Requirements.
A. Title Sheet
The title sheet shall include a project location map and an approval block for the
City Engineer (approved for one year from the date of signing).
B. Overall Plan
Incorporated in the set of plans shall be an overall plan duplicating the entire project
showing all proposed improvements with corresponding sheet numbers on each
separate sheet and index. An approval block for Shakopee Public Utilities
Commission shall be included on the overall plan sheet.
C. Standard Sheet
All drawings shall be submitted on standard sheets at standard scale.
Standard Sheet:
Grading Plan - 22" x 34"

Street and Utility Plan - 22" x 34"
Standard Scale:
Horizontal 1" = 50'

Vertical 1" = 5
D. Plan
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North arrow, rights-of-way and width, property lines, lot and block numbers, street
names, utility lines and size, railroad track, ditches, easements and width, match
lines and reference sheet numbers shall be shown on all plan sheets. All roadway
improvements and utilities shall be tied to the centerline of City right-of-way, to
the centerline of a City easement, to subdivision corners, to Government land
corners or to Government land lines.
E. Profile
To be located directly below the plan with stationing aligned as closely as practical.
Original ground (dashed) and proposed if different (solid). Profile shall locate and
describe additional information required under the standards for the particular
improvement proposed. All utilities shall be shown in profile to include sanitary
sewer, watermain, storm sewer and storm sewer crossings.
F. Additional Sheets
Use standard sheet requirements with appropriate scales for additional sheets
required by the City Engineer and not covered by City of Shakopee Standard Detail
Plates or approved Mn/DOT Standard Plates. More than one (1) sheet may be
necessary. Additional sheets may include, but are not limited to, unique project
details, signage and striping, landscaping, SWPPP, turn lane construction, box
culvert construction, etc.
G. Benchmark
Description on each sheet, elevation, USGS 1929 datum, tie to City bench loop,
description of City benchmark to which it is tied.
H. Title Block
Shall include the name of project, subdivision or planned building group or street,
as applicable and type of utility or roadway and the name, address, zip, telephone
of the Engineer and developer.
I. Certification
Certification signature and registration number of Professional Engineer on each

sheet.
J. Required Notes
These notes shall appear on the cover sheet. If no cover sheet, they shall be put on
every sheet submitted for approval.
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All work shall be done in accordance with the City of Shakopees General
Specifications and Standard Detail Plates for Street and Utility
Construction.
The contractor shall install a steel marker post at the end of each sanitary
sewer service. The developer shall provide GPS coordinates of each marker
post and GPS coordinates of each sanitary sewer service wye. Final record
drawings submitted to the City shall have a table identifying each sanitary
sewer service with the aforementioned GPS coordinates.
2. Record Plan Requirements.
A. Record plans must submitted on mylar sepias from inked and clearly legible
drawings. At a minimum, two (2) electronic copies in AutoCAD and Adobe
Acrobat formats must be submitted with datum on the Scott County coordinate
system. Specific electronic formats and/or versions will be determined by the City
Engineer.
B. The record plans shall, at a minimum, include the following information:
Locations and top of casting and invert elevations of all sanitary sewer and
storm sewer structures and appurtenances.
Locations and top-nut elevations for all fire hydrants.
Locations and elevations for all gate valves.
Revised pipe slopes, lengths and materials (if applicable).
Revised horizontal locations of all street and utility improvements.
Additional notes as required by the City Engineer.
C. Sanitary Sewer Services
GPS coordinates at the end of all sanitary services and curb stop locations
must be provided in a tabular format.
Stationing of sanitary sewer wyes shall be indicated.
All sanitary services shall be shown on the record plan with length, size,
elevation, and pipe type noted. Indicate if jacked.
If sanitary sewer wye only is constructed, it shall be noted as "Wye Only"
after the stationing.
The approximate invert elevation at the forty-five (45) degree bend of all
sanitary sewer service stubs shall be shown on the plans. If deep risers are
placed, the height of each shall be indicated on the plans and each shall be
drawn on the profile, and the height of the risers indicated.
D. Water Services
Stationing of water corporation cock shall be indicated.
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All water services shall be shown with length, size and pipe type noted.
Indicate if jacked.
All curb stop boxes shall be tied at the property line with at least two ties
using the following priority:
o Sanitary sewer manholes

o Hydrants
o Storm sewer manholes
o Catch basins
o Power transformers
o Building corners
E. Watermain Fittings
All water fittings should be labeled as to size and type such as bends, ties, plugs,
etc.
F. Gate Valves
All gate valves shall be tied with at least two ties using the following priority:
Fire hydrants.
Manholes.
Catch basins, if curb and gutter are in.
Buildings or other permanent structures.
Telephone pedestals.
Power poles, trees, other semi-permanent items.
Stationing from hydrants, manholes, catch basins, if over one-hundred (100)
feet.
All ties should be less than two-hundred (200) feet whenever possible.
G. Fire Hydrants
All fire hydrants shall have a benchmark elevation shown for the top-nut of the fire
hydrant.
H. All structures shall have the top of casting elevation and invert elevations shown.
I. Streets
Street record as-built plans/drawings shall include a typical street section and
horizontal and vertical curve data.
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J. Miscellaneous
The following information shall be shown on every sheet:
Contractors name
Construction observers name
Project engineers name
K. Sanitary Sewer Televising
The contractor must televise the entire sanitary sewer system and provide the City
with one DVD of the sanitary sewer system along with a televising report. The
report shall include the locations of all service wyes.
L. Operations Record Plan
An Operations Record Plan must be submitted to the City and to SPUC and
approved by each entity prior to issuance of building permits in addition to the
model building permit. The plan must include, at a minimum, the following
information:
Information as required in Sections A, B, C, D, E and H above.

Information as required by the SPUC Water Policy Manual.
The City Engineer may require additional information and increase

the minimum requirements on any project.
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City of Shakopee
Design Criteria
Revised: May 4, 2004 by Resolution No. 6041

Revised: April 4, 2006 by Resolution No. 6391
Revised: September 2, 2008 by Resolution No. 6805
Revised: October 17, 2017 by Resolution No. 7933
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Table of Contents
Design Criteria and General Plan Requirements - Grading, Street and

Utility Improvements
Sect. 1 General
Sect. 2 Grading
Sect. 4 Storm Sewer
Sect. 6 Utilities
Sect. 8 Streets and Alleys
Sect. 1 General
The requirements contained in this document are minimum general requirements for new
construction. The City Engineer may require additional information and increase the minimum
requirements on any project.
Sect. 2 Grading
1. General. The grading and erosion control plans shall conform to the most recent editions of
Minnesota Stormwater Manual City of Shakopee "Comprehensive Stormwater Management
Plan" or as modified herein and the City's most recent Standard Detail Plates.
2. Grading and Erosion Control.
A. The minimum allowable grade in non paved areas is 2%.
B. No final graded slopes shall be steeper than three (3) feet horizontal to one (1) foot
vertical (3:1).
C. Driveway grades shall be less than ten (10) percent, and greater than one (1) percent.
Driveway grades shall not be greater than six (6) percent within the right-of-way.
Commercial and Industrial Driveway grades shall not be greater than six (6) percent
for any part of the driveway.
D. Lots shall be graded so as to provide drainage away from building locations.
3. Topsoil - Sodding and Seeding. Topsoil moved during the course of construction shall be
redistributed in turf establishment areas with a minimum of six (6) inches of topsoil. Disturbed
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boulevard areas shall be restored in accordance with the City of Shakopee General Specifications and
Standard Detail Plates for Street and Utility Construction. Additionally, sod must be installed the full
easement width of all drainage swales leading to drainage structures on each lot (silt fence must be
installed behind this sod).
4. Drainage. During the grading of the site, the natural drainage system shall be utilized as much
as feasible for the storage and flow of runoff.
5. As-built Grading Plan. Upon completion of the grading of subdivisions, an as-built survey of
the grading shall be submitted to the City. This plan must, at minimum, show the existing locations
and elevations of all street centerline and top of curb high points and low points, all lot corners,
building pads, intermediate tops of curb, sidewalks, trails, sanitary sewer structures, storm sewer
structures, emergency over flows, high points in non-paved areas, ponding areas and watermain.
The plan shall certify that all grading and erosion control is in conformance with the approved
plans and that all ponding areas are within drainage and utility easements. Two benchmarks shall
be shown on the as-built grading plan. No building permits shall be issued until this plan has been
submitted and approved by the City Engineer.
An electronic copy must be submitted in a format approved by the City Engineer.
6. Grading Permit. Grading Permits will be required, as described in Section 151.110 of the
City Code. Prior to issuance of a grading permit, the applicant shall strictly adhere to the
requirements set forth in Chapter 54 of the City Code.
The applicant must submit a written application for stormwater management plan approval along
with the sites stormwater management plan per requirements set forth in Chapter 54 of the City
Code.
The applicant must submit the appropriate wetland applications in accordance with the Minnesota
Wetland Conservation Act (WCA) per requirements set forth in Chapter 54 of the City Code.
7. Tree Preservation Fence. Existing trees, which are to be saved, shall be protected with a tree
preservation fence installed at the drip line of the tree(s). No grading, construction materials, or
equipment will be allowed beyond this fence.
8. Plan Requirements. The following are specific requirements related to the development of
grading and erosion control plans for the proposed development and adjacent land within two-
hundred (200) feet unless noted otherwise:
A. Show and label existing underground and overhead utilities.
B. Show the location and indication of demolition or relocation of existing structures.
C. Show lot corner elevations and benchmarks utilized.
D. Existing contours shall be at one (1) foot or two (2) foot intervals shown with
dashed lines and screened. The contours shall extend beyond the proposed plat
boundaries a minimum of two-hundred (200) feet or as necessary to completely
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show the limits of a drainage basin not fully contained within the proposed plat.
Ten (10) foot contour intervals shall be bold.
E. Proposed contours shall be at one (1) foot or two (2) foot intervals shown with solid
lines. Ten (10) foot contour intervals shall be bold.
F. Ponds, wetlands, lakes, streams or manholes shall be shown with the following:
1. Show the NWL and HWL for ponds and wetlands.

2. Show OHWL and DNR number if applicable.
3. Ponds shall include ten (10) foot bench, sloping downward from the NWL ten
(10) feet horizontal to one (1) foot vertical (10:1).
4. Show the delineated wetland boundary.
G. Show existing and proposed building footprints with proposed floor elevations.
H. The lowest floor elevations of affected structures adjacent to outletted ponds shall
be in accordance with the Citys Stormwater Management Plan.
I. Show emergency overflow routes from all low points and show the high point
elevation along emergency overflow routes. Show directional flow arrows.
Emergency overflows shall be a minimum of one (1) foot plus the high flow
elevation (minimum of 1.5-feet) below the lowest opening elevation of adjacent
affected structures.
J. Show limits of clearing and grubbing.
K. For proposed retaining walls, identify top and bottom elevations of retaining wall.
Retaining walls greater than four (4) feet in height shall be designed and certified
by a licensed professional engineer.
L. Show all lot numbers, block numbers, and drainage and utility easements.
9. Haul Routes. Prior to grading and erosion control operations commencing, a drawing must be
submitted outlining the proposed haul routes for the import and export of all materials to and from
the site. All haul routes are subject to approval by the City Engineer.

1. Purpose. The purpose of this Section is to promote the public health, safety, property and general
welfare of the citizens of the City and to conserve the soil, water and related resources and to control
erosion and sedimentation caused by land disturbing activities.
2. Administration. The Building Official or the City Engineer (depending on the land disturbing
activity) shall be designated as the Administrator of this Section.
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3. Activities Subject to Erosion Control Measures.
A. Any land disturbing activity in residential, multi-family, commercial or industrial

zones shall be subject to erosion control measures provided that:
1. An area of ten-thousand (10,000) square feet or greater will be disturbed by

excavation, grading, filling or other earth moving activities resulting in the
loss of protective vegetation; or,
2. Excavation or fill exceeding fifty (50) cubic yards; or,
3. The installation of underground utilities, either public or private, resulting in
more than three-hundred (300) feet of trenching or earth disturbance.
B. Any subdivisions that require plat approval or a certified survey map.
C. Agricultural lands used mainly for the production of food, general farming, livestock
and poultry enterprises, nurseries, forestry, etc., are not subject to the provisions of
this Section.
D. Any other land disturbing activity for which the City Engineer determines to have the
potential for substantial erosion.
4. Erosion Control Plans.
A. All land disturbing activities covered by this Section shall be required to have an
approved erosion control plan, per requirements set forth in Chapter 54 of the City
Code, on file with the City prior to any construction starting.
B. The erosion control plan shall contain any such information necessary for the Building
Official and the City Engineer to determine that adequate erosion and sediment control
measures are proposed. As a minimum, a topographic map showing existing and
proposed contours, location of any natural watercourses and drainage ways, the extent
of the land disturbing activity and any erosion control measures shall be shown on the
plans submitted and approved.
C. In addition to the plans, a narrative report summarizing the proposed erosion control
measures shall be submitted. This report shall include language discussing the timing
of the installation, phasing, stabilization of all structures, maintenance and eventual
removal of all structures. A Storm Water Pollution Prevention Plan (SWPPP) in
compliance with National Pollutant Discharge Elimination System (NPDES)
requirements must also be submitted.
D. At a minimum, the permittee shall meet the specifications set forth below and
observe the standards established in the NPDES Construction General Permit
requirements.
1. Soil Stabilization: Soil stabilization shall be completed in a time period as

specified by the NPDES construction general permit and the city's general
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specifications and standards. The city of Shakopee may require the site to be
reseeded or a nonvegetative option employed.
2. Seeding: Seeding shall be in accordance with seeding specifications. All
seeded areas shall be fertilized, mulched, and disc anchored as necessary for
seed retention.
3. Soil Stockpiles: Soil stockpiles which shall be inactive for a period of
fourteen (14) or more days must be stabilized or covered at the end of each
workday. Stockpiles shall include perimeter sediment controls and must not
be placed in natural buffers or surface waters, including stormwater
conveyances.
4. Ninety Percent Coverage: The entire site must be stabilized at a ninety percent
(90%) coverage, using a heavy mulch layer or another method that does not
require germination to control erosion, at the close of the construction season.
5. Site Development Sediment Controls: Site development sediment controls
practices shall include those identified in the City's general specifications
including, but not limited to:
a. Settling basins, sediment traps, or tanks.
b. Protection for adjacent properties by the use of a vegetated buffer strip
in combination with perimeter controls.
c. Perimeter control including machine sliced silt fence or other city
approved BMP, which shall be in place before, during and after
grading of the site. Fencing shall be removed only after seventy
percent (70%) stabilization.
d. Areas designated as a temporary construction staging area.
6. Temporary sediment basins: For sites that have more than ten (10) acres of
disturbed soil that drains to a common location (or, five (5) or more acres for
special or impaired waters), one or more temporary sediment basins shall be
constructed. Use of temporary basins is encouraged when construction
projects will impact steep slopes or when highly erodible soils are present.
The basin shall provide treatment to the runoff before it leaves the
construction site or enters surface waters. The temporary sediment basins
must be designed and constructed as follows:
a. Provide live storage for a calculated volume of runoff from a two (2)-
year, 24-hour storm from each acre drained to the basin. All basins
shall provide at least 1,800 cubic feet of live storage from each acre
drained or more.
b. For basins where the calculation in Section 10-1-12, B.7.a. has not
been performed, a temporary sediment basin providing 3,600 cubic
feet of live storage from each acre drained to the basin shall be
provided for the entire drainage area of the temporary basin.
c. The outlet structure must be designed to withdraw water from the
surface in order to minimize the discharge of pollutants.
d. The basin outlet shall be designed to prevent short-circuiting and the
discharge of floating debris.
e. Ensure the basin can be completely drawn down to conduct
maintenance activities.
f. Include energy dissipation on the outlet of the basin and a stabilized
emergency overflow to prevent failure of pond integrity.
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g. Be located outside of surface waters or any buffer zone, and be
designed to avoid draining water from wetlands unless appropriate
approval from the U.S. Army Corps of Engineers and the Minnesota
Department of Natural Resources is obtained.
h. If installation of a temporary sediment basin is infeasible, equivalent
sediment controls such as smaller sediment basins, and/or sediment
traps, silt fences, vegetative buffer strips, or any appropriate
combination of measures are required for all down-slope boundaries
of the construction area and for side-slope boundaries where
appropriate. Determination of infeasibility shall be documented in
the erosion and sediment control plan.
7. Individual Construction Site Sediment Controls: Individual construction site
sediment controls shall include:
a. Rock construction entrance (driveway);
b. Perimeter controls including silt fence in place before, during and
after grading of the site. Fencing shall be removed only after proper
turf establishment.
8. Waterway and Watercourse Protection: Waterway and watercourse
protection requirements shall include stabilization of the watercourse channel
before, during and after any in-channel work consistent with the City's
general specifications.
a. A temporary stream crossing must be installed and approved by the
local government unit and regulating agency if a wet watercourse will
be crossed regularly during construction.
b. The watercourse channel shall be stabilized before, during, and within
24 hours after any in-channel work.
c. No in-water work shall be allowed in Public Waters during the
MnDNRs work exclusion dates.
d. Prior to placement of any equipment into any waters, all equipment
must be free of aquatic plants and non-native animals.
e. All on-site stormwater conveyance channels designed according to
the criteria outlined in this document. Stabilization adequate to
prevent erosion located at the outlets of all pipes and paved channels
is required.
9. Site Dewatering: Site dewatering shall be conducted pursuant to the Citys
general specifications document. Water pumped from the site shall be treated
by temporary sediment basins, grit chambers, sand filters, or other controls
as appropriate to ensure adequate treatment is obtained and that nuisance
conditions will not result from the discharge. Discharges from the site shall
not be released in a manner that causes erosion, scour, sedimentation or
flooding of the site, receiving channels or wetlands.
10. Waste and Material Disposal: All waste and unused building materials
(including garbage, debris, cleaning wastes, wastewater, toxic materials or
hazardous materials) shall be properly disposed of off-site and not allowed to
be carried by runoff into a receiving channel or storm sewer system.
a. Solid waste: All unused building materials and waste (including, but
not limited to: collected sediment, asphalt and concrete millings,
floating debris, paper, plastic, fabric, etc.) must be disposed of
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accordingly and shall comply with disposal requirements set forth by
the MPCA.
b. Hazardous/toxic waste: Paint, gasoline, oil and any hazardous
materials must be properly stored, including secondary containment,
to prevent spills, leaks or other discharges. Access to the storage areas
must be restricted to prevent vandalism. Storage and disposal of
hazardous or toxic substance must be in compliance with the
requirements set forth by the MPCA.
c. Liquid waste: All other non-stormwater discharges (including, but not
limited to, concrete truck washout, vehicle washing or maintenance
spills) produced during the construction activity shall not be
discharged to any surface waters.
d. External washing of equipment and vehicles: All external washing
activities shall be limited to a designated area of the site. All runoff
must be contained and wastes from external washing activities must
be disposed of properly. No engine degreasing shall be allowed on
the site.
e. Wastes generated by concrete and other washout operations: All
liquid and solid wastes generated by any concrete or other washout
operations must be contained in a leak proof facility or impermeable
liner. Concrete waste must not come into contact with the ground.
Concrete waste must be disposed of properly and in compliance with
applicable MPCA regulations.
11. Drain Inlet Protection: All storm drain inlets shall be protected during
construction until all sources with potential for discharging to the inlet have
been stabilized. Inlet protection measures must meet the Citys standards and
specifications.
12. Energy Dissipation: Pipe outlets must have temporary or permanent energy
dissipation within 24 hours of connection to a surface water.
13. Tracking: Vehicle tracking BMPs (including, but not limited to: rock pads,
mud mats, slash mulch, concrete or steel wash racks, or similar systems) must
be installed to minimize track out of sediment from the construction site. If
vehicle tracking BMPs are not actively preventing sediment from being
tracked into the street, the applicant must immediately utilize street sweeping
to contain sediment; then, the applicant must implement additional BMPs to
prevent tracking.
14. Final Stabilization: Final stabilization is not complete until the following
criteria are met:
a. All land disturbing activities must be finished and all soils shall be
stabilized by a uniform perennial vegetative cover with a density of
70 percent or greater of its expected final growth density over the
entire pervious surface area, or other equivalent means necessary to
prevent soil failure under erosive conditions.
b. The permanent stormwater management system is constructed, meets
all of the required design parameters and is operating as designed.
c. All temporary synthetic and structural erosion prevention and
sediment control BMPs (such as silt fence) have been removed.
BMPs designed to decompose on site may be left in place.
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d. For residential construction only, individual lots are considered
finally stabilized if the structure(s) are finished and temporary erosion
protection and down gradient perimeter control has been completed
and the residence has been sold to the homeowner.
e. For construction projects on agricultural land the disturbed land has
been returned to its preconstruction agricultural use.
5. Performance Standards.
A. General Standards. In general, this Section does not require the use of any particular
type of structure to control erosion and sedimentation. The City Engineer or Building
Official shall evaluate the proposed measures to determine if they follow current
accepted design criteria and engineering standards.
1. The smallest practical area of land shall be exposed at any given time during
development.
2. Exposed soil shall be seeded and mulched in accordance with NPDES Permit
requirements.
3. All development shall conform to the natural limitations presented by the
topography and soil as to create the best potential for preventing soil erosion.
4. Erosion control measures shall be coordinated with the different stages of
development. Appropriate control measures shall be installed prior to
development to control erosion.
5. The natural vegetation and plant covering shall be retained whenever possible.
Temporary vegetation, mulching or other cover shall be used to protect critical
areas and permanent vegetation shall be installed as soon as practical.
B. Standards - Stormwater Runoff Erosion.
1. The natural drainage system shall be used when and wherever is feasible for
storage and flow of runoff. Stormwater drainage shall be discharged to
retention basins or other treatment facilities. Temporary storage area or
retention ponds shall be considered to reduce peak flows, erosion damage and
construction costs. If the drainage area is over five acres, a sediment basin
shall be utilized.
2. Silt fence or hay bales shall be utilized to control erosion and prevent
sedimentation from leaving the construction site. These structures shall be
properly installed according to the City of Shakopee Standard Specifications
and Detail Plates.
3. If needed, sod shall be laid in strips at intervals necessary to prevent erosion
and at right angles to the direction of drainage.
4. At existing storm sewer inlets, temporary sedimentation traps may be
necessary to prevent erosion from entering the storm sewer system, and
downstream water bodies.
5. Adequate provision shall be made to prevent the tracking or dropping of dirt
or other materials from the site onto any street by the use of rock construction
entrances.
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C. Exposed Slopes. The following control measures shall be taken to control erosion
during construction:
1. No exposed slope shall be steeper in grade than three (3) feet horizontal to one
(1) foot vertical.
2. Exposed slopes steeper in grade than ten (10) feet horizontal to one (1) foot
vertical shall be contour plowed to minimize direct runoff of water.
3. At the foot of each exposed slope, a channel and berm shall be constructed to
control runoff. The channeled water shall be diverted to a sedimentation basin
(debris basin, silt basin or silt trap) before being allowed to enter the natural
drainage system.
4. Along the top of each exposed slope, a berm shall be constructed to prevent
runoff from flowing over the edge of the slope. Where runoff collecting
behind said berm cannot be diverted elsewhere and must be directed down the
slope, appropriate measures shall be taken to prevent erosion. Such measures
shall consist of either an asphalt paved flow apron and drop chute laid down
the slope or a flexible slope drain. At the base of the slope drain or flood
apron, a gravel energy dissipater shall be installed to prevent erosion at the
discharge end.
5. Exposed slopes shall be protected by whatever means will effectively prevent
erosion considering the degree of slope, soils materials, and expected length
of exposure. Slope protection shall consist of mulch, sheets of plastic, burlap
or jut netting, sod blankets, fast growing grasses or temporary seeding of
annual grasses. Mulch consists of hay, straw, wood chips, corn stalks, bark or
other protective material. Mulch shall be anchored to slopes with liquid
asphalt, stakes, and netting or shall be worked into the soil to provide
additional slope stability.
6. Control measures, other than those specifically stated above may be used in
place of the above measures if it can be demonstrated that they will effectively
protect exposed slopes.
D. Dust Control Measures.
1. Temporary mulching or seeding shall be applied to open soil to minimize dust.

2. Barriers such as snow fences, commercial wind fences and similar materials
shall be used to control air currents and blowing soil if the City Engineer
determines it is necessary.
3. The exposed soil shall be watered to control dust, with frequency of watering
repeated as necessary.
4. Permanent vegetation shall be established in accordance with NPDES Permit
requirements.
6. Maintenance of Erosion Control Measures.
A. The owner or developer shall be responsible for maintaining all erosion control
structures in a condition that will ensure continuous functioning of those devices. If,
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after the installation of the erosion control structure, the City Engineer determines that
additional measures are needed, they shall be installed at the expense of the owner.
B. Any erosion or sediment that runs off or blows off the site onto adjoining properties,
City streets, storm sewers, etc., shall be the responsibility of the owner or developer
for clean up and restoration. If the owner fails to properly clean up or restore all areas
affected by erosion the City will hire a contractor to complete the work and bill the
owner for the expenses associated with the clean-up.
7. Technical Reference. The City officially designates the "Protecting Water Quality in Urban
Areas" prepared by the Minnesota Pollution Control Agency as the technical reference for this
Section. This reference will be used to ensure the proper placement and installation of any proposed
erosion control structures.
8. Security. The owner or developer shall submit to the City either cash or a certified letter of credit
in accordance with current City requirements to guarantee the faithful execution of the grading and
erosion control plan. This security shall be in the amount of one-hundred twenty-five (125) percent
of the costs for grading, the construction of all erosion control devices and site restoration or
$1,000/disturbed acre, whichever is higher, including the costs of City construction observation and
administration (as approved by the City Engineer). The City is authorized to draw against this security
in the event the grading and erosion control plan is not followed.
9. Unlawful Acts. It is unlawful for any person, either by the owner or the occupant of premises, to
violate, neglect or refuse to comply with the requirements of this Section. In addition, if the Building
Official or the City Engineer determines that adequate erosion control measures are not being
followed and there is little cooperation on the part of the owner to do so, a "stop work" order may be
issued to all work on the site until such times as adequate measures are implemented.
Sect. 4 Storm Sewer

1. Design Criteria.
A. The design criteria, policies, and objectives shall be those described in the Citys
Comprehensive Water Resource Management Plan. No existing ditch, stream,
wetland, pond, drain or drainage canal shall be deepened, widened, filled, re-routed
or filled without approval from the City Council.
B. Storm sewer shall be designed to have a minimum full flow velocity of three (3)
feet/second.
C. Storm sewer structures exceeding four (4) feet in depth shall have a minimum
diameter of forty-eight (48) inches.
2. Pond Slopes. Pond slopes below the HWL shall not be steeper than four (4) feet horizontal to
one (1) foot vertical. All ponds shall have a bench at the normal water level. This bench shall be
a minimum of ten (10) feet wide and the slope of this bench shall not be steeper than ten (10) feet
horizontal to one (1) foot vertical.
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3. Plan Requirements. A Stormwater Management Plan, along with supporting documentation,
must be prepared and submitted that meets City drainage standards. Outlined below, please find
a listing of information to be submitted:
A. Drainage reports and studies shall include an overall drainage plan. The
information listed below, if not shown on the drawings, shall be included in the
report. The use of appropriate forms and design aids is recommended.
1. Runoff rate and ponding calculations for the site for the two (2) year, ten
(10) year and one-hundred (100) year rainfall events and the one-hundred
(100) -year, ten (10) day snow melt event. These computations should be
provided for both the existing and future conditions, or as necessary to
demonstrate compliance with the Citys Comprehensive Water Resource
Management Plan. Computations shall identify the critical duration of the
rainfall events.
2. Open channel flow calculations/computations.
3. Storm sewer and storm inlet flow calculations for the ten (10) year rainfall
event.
4. Culvert design flow calculations for the ten (10) year and one-hundred (100)
year rainfall events.
5. Summation of all design variables used and design assumptions made.
6. Soil classification reports and depth of underground water table throughout
the study area when detention or retention ponds are used.
7. The boundary and designation of all tributary drainage areas and the area of
each in acres.
8. The designation and location of each design point referred to in the
calculations.
9. The reference source and a copy of all other monographs or design aids used
in the calculations.
B. The preliminary drainage report shall be approved by the City Engineer prior to
Engineering approval of any Preliminary Plat or Preliminary P.U.D. The study will
consist of calculations, comments and descriptions on 8-1/2" x 11" paper and an
area map on one 22 x 34 drawing. Calculations shall include the two (2) year,
ten (10) year, and one-hundred (100) year rainfall events and the one-hundred (100)
year, ten (10) day snow melt event calculations of all tributary areas to the
development, all collection points within the development and all points
discharging from the development. The 22 x 34map shall be a topographic map
of both the development and all areas tributary to the development. The map shall
show the total acreage and anticipated runoff rates at all points noted in the
calculations. In addition, the map shall show the proposed location of all drainage
facilities to be located within the development and their relationship to existing
facilities in adjacent developments. Any scale from 1" = 50' to 1" = 400 may be
used to limit the drawing to one sheet.
C. A final drainage report shall be submitted and approved in conjunction with

construction drawings. The study shall include calculations on 8-1/2" x 11" paper
and a drainage map of the development of 22 x 34 drawing. Calculations shall
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address all aspects of runoff, retention, detention, channel flow, or other appropriate
information that is necessary for the design of the drainage system. The drainage
map shall be prepared on the overall grading plan for the development. It shall
illustrate the drainage patterns in the development as well as the location of all
drainage facilities within the development. The map shall also show the runoff
rates and acreage tributary to all collection points within the development. When
intersections serve as collector points, the flow in each curb line must be noted.
This drawing may use scales from 1" = 50' to 1' = 200', in order to limit the drawing
to one sheet. When more than one sheet is used a scale of 1" = 200' shall be utilized.
D. An overall drainage plan of the study area, including all areas outside of the study
area, which contributes runoff to the study area and all downstream areas, which
will be effected, by runoff from the study area, must be submitted. Drainage area
plans shall be submitted showing the effects of the two (2) year, ten (10) year and
one (100) year rainfall events and the one-hundred (100) year, ten (10) day snow
melt event.
E. The following methods shall be used to verify the adequacy of designs submitted
for approval: The method used shall be approved by the City Engineer.
1. Rational method for storm sewer design computations and peak discharge
rates from a single isolated watershed.
2. Urban Hydrology for Small Wetlands Technical Release No. 55 and
Technical Release No. 20 published by Soil Conservation Service, U.S.
3. HEC-1, HEC-2, or HEC-RAS.
4. Minnesota Hydrology Guide published by Soil Conservation Service, U.S.
5. Stormwater treatment ponds designed to NURP standards.
F. The following criteria shall be utilized in the analysis of the drainage system.
1. Runoff analysis shall be based upon proposed land use, and shall take into
consideration all contributing runoff from areas outside of the study area.
2. The analysis of storm runoff from existing developed areas lying outside of
the study area shall be based upon present land use and topographic features.
3. All undeveloped land lying outside of the study area shall be considered as
fully developed based upon the most probable anticipated future land use.
Provided, however, that whenever the future land use of a specific
undeveloped area cannot be accurately predicted, the average runoff
coefficient to be used in said area shall not be less than 0.60 for the Rational
Method runoff coefficient or an approved equivalent value for any other
method.
4. The probable future flow pattern in undeveloped areas shall be based on
existing natural topographic features (existing slopes, drainage ways, etc.)
and shall conform to the Comprehensive Storm Water Management Plan.
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5. Average land slopes in both developed and undeveloped area may be used
in computing runoff. However, for areas in which drainage patterns and
slopes are established, these shall be utilized.
6. Flows and velocities which may occur at a design point when the upstream
area is fully developed shall be considered. Drainage facilities shall be so
designed such that increased flows and velocities will not cause erosion
damage.
7. The use of on-site detention and natural drainage ways is recommended and
encouraged whenever possible. The changing of natural drainage way
locations will not be approved unless such change is shown to be without
unreasonable hazard and liability, substantiated by thorough analysis and
investigation.
8. The planning and design of drainage systems shall be such that problems
are not transferred from one location to another. Outfall points shall be
designed in such a manner that will not create flooding hazards downstream.
G. The rainfall intensities to be used in the computation of runoff shall be obtained

from the Intensity - Duration - Frequency Curves for the Shakopee area in
accordance with Atlas 14 data and shall be based upon a two (2) year, ten (10) year
and one-hundred (100) year return frequency.
H. All lateral storm sewer facilities shall be designed to accommodate a ten (10) year
rainfall event. The initial ten (10) year storm shall be conveyed without surcharging
the system. Low points on streets shall be designed with an acceptable emergency
overflow route.
I. Storm sewer pipe for all public systems and connection to public systems shall be
reinforced concrete pipe (RCP), unless otherwise approved by the Public Works
Director.
J. Connections to existing manholes or catch basins shall be core drilled.
K. Driveway culverts in rural areas shall be at least eighteen (18) inches in diameter.
Plastic pipe is prohibited.
L. All storm sewer shall be at least fifteen (15) inches in diameter.
M. When a smaller sewer joins a larger one, the invert of the larger sewer should be
lowered to maintain the same energy gradient. An acceptable method for securing
these results is to place the 0.8 depth point of both sewers at the same elevation.
N. Storm sewer placed in non-paved areas must be placed on property corners and
property lines when possible.
O. Catch basins in non-paved areas must be placed so as to minimize standing water.

The spacing and locations are subject to the approval of the City Engineer.
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P. Stormwater management requirements for permanent facilities.
1. An applicant shall install or construct, on or for the proposed land

disturbing or development activity, all stormwater management facilities
necessary to meet the criteria of the citys Water Resources Management
Plan, Design Criteria, and the NPDES Construction General Permit. No
private stormwater facilities will be approved by the city unless a
maintenance plan and maintenance agreement are provided that defines
who will conduct the maintenance, the type of maintenance, and intervals
of the maintenance. In the alternative, or in partial fulfillment of this
requirement and upon approval of the Public Works Director, an applicant
may make an in-kind or monetary contribution to the development and
maintenance of regional stormwater management facilities designed to
serve multiple land disturbing and development activities undertaken by 1
or more persons, including the applicant.
2. Proposed Stormwater Management Plans shall incorporate volume

control, water quality control, and rate control as the basis for stormwater
management in the proposed development plan on sites without
restrictions. All proposed projects shall be in conformance with the City
of Shakopees Comprehensive Water Resources Management Plan,
Design Criteria, and the most current requirements of the Minnesota
Pollution Control Agency (MPCA) Municipal Separate Storm Sewer
Systems (MS4) Permit, as applicable, meeting the more restrictive criteria.
a. Volume Control
i. New Development. For nonlinear projects and for
developments, stormwater runoff volumes will be controlled
and the post-construction runoff volumes shall be retained on
site for 1.0 inches of runoff from all impervious surfaces.
ii. Redevelopment. For redevelopment projects, stormwater
runoff volumes will be controlled and the post-construction
runoff volume shall be retained on site for 1.0 inches of runoff
from the new impervious surfaces created by the project.
There shall be a net reduction from the pre-project conditions
(on an annual average basis) of:
1) Stormwater discharge volume, unless precluded by the
stormwater management limitations as defined by the
Minnesota Pollution Control Agency MS4 Permit, as
amended, and the limitations defined in this ordinance.
a) Where industrial facilities are not authorized to
infiltrate industrial stormwater under an NPDES/SDS
Industrial Stormwater Permit issued by the Agency.
b) Where vehicle fueling and maintenance occur.
c) With less than three (3) feet of separation distance from
the bottom of the infiltration system to the elevation of
the seasonally saturated soils or the top of bedrock.
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d) Where high levels of contaminants in soil or
groundwater will be mobilized by the infiltrating
stormwater.
2) Stormwater discharges of Total Suspended Solids (TSS).
3) Stormwater discharges of Total Phosphorus (TP).
b. Water Quality Control. For New Development, the water quality
control standard shall be considered satisfied if the volume control
standard has been satisfied. In the event that it is infeasible to meet
the volume control standard due to contaminated soils, site
constraints, etc., the proposed plan will need to maintain the TSS
and TP loading; and for redevelopment the goal is to reduce the TSS
and TP loadings (Non-Permit method alternative method with
little to no additional modeling required). Methods for meeting these
requirements in the decreasing order of preference:
i. Credits and site design practices to minimize the creation of
connected impervious surfaces are used to the extent practical.
ii. Underdrains to promote filtration instead of infiltration.
iii. Off-site infiltration.
iv. On-site wet detention with permanent pool volume below the
normal outlet that is greater than or equal to the runoff from a 2.5
inch, 24-hour storm over the entire contributing drainage area,
assuming full development.
c. Rate Control. Rate control measures are required on new
development and redevelopment projects to meet the water quantity
criteria of the latest citys Comprehensive Water Resource
Management Plan.
Q. Pond design standards. Stormwater detention facilities constructed in the city shall
be designed according to standards established by the Engineering Division, and
identified as follows:
1. A permanent pool (dead storage) volume below the principal spillway

(normal outlet) which shall be greater than or equal to the runoff from a 2-
1/2 inch rainfall over the entire contributing drainage area assuming full
development;
2. A permanent pool average depth (basin volume/basin area) of 4 to 10 feet;
3. An emergency overflow (emergency outlet) adequate to control the 1%
4. Basin side slopes below the 100-year high water level should be no steeper
than 4:1, and preferable flatter. A basin shelf with a minimum width of 10
feet and 1 foot deep below the normal water level is recommended to
enhance wildlife habitat, reduce potential safety hazards, and improve
access for long-term maintenance;
5. To prevent short-circuiting, the distance between major inlets and the
normal outlet shall be maximized;
6. A flood pool (live storage) volume above the principal spillway shall be
adequate so that the peak discharge rates meet the requirements of the
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7. Pond outlets may not be smaller than the minimum size indicated in the
8. Consideration for aesthetics and wildlife habitat should be included in the
design of the pond;
9. A skimming device must be provided to deter floatable pollutants from
discharging out of pond;
10. Design of stormwater facilities shall accommodate the 100-year critical
event (100- year, 24-hour storm event or 10-day snowmelt event). This
includes lakes, ponds, and their outlets; and
11. Pond normal water level elevations shall be established above the ordinary
high water level of adjacent public waters, except where topography of the
site, floodplain mitigation activities, or other design considerations are
determined to be unfavorable for these conditions to occur. This
determination shall be performed by the applicants engineer and
approved by the Public Works Director.
R. Infiltration design standards. Best management practices to manage infiltration

will be required to the maximum extent practical.
1. Volume control BMPs must be incorporated into the project design to

minimize the creation of new impervious surface and reduce the existing
impervious surfaces, minimize the amount of directly connected
impervious surface, preserve and improve the infiltration capacity of the
soil, and limit increases in runoff volume exiting the site to the extent
feasible considering site-specific conditions.
2. When using infiltration for volume reduction, runoff must be infiltrated
within 48 hours using accepted BMPs for infiltration, such as infiltration
trenches, rainwater gardens, infiltration benches or infiltration basins. A
site investigation must be conducted confirming adequate infiltration
parameters. A post construction percolation test must be performed on
each infiltration BMP and must demonstrate that the constructed
infiltration rate meets or exceeds the design infiltration rate prior to the
acceptance by the city.
3. The maximum extent practical required may be less if the Public Works
Director determines that 1 or more of the following conditions apply. If 1
or more of the following conditions apply, the Public Works Director shall
quantify the amount of infiltration that will be deemed as the maximum
extent practical for the site:
a. The infiltration characteristics of soils on the site are not favorable
for the infiltration of stormwater;
b. The sites drainage course is to regional infiltration or detention
facilities controlled by the city that reduce runoff volumes;
c. The development of the site does not increase the sites impervious
areas; or
d. Other site conditions that make the infiltration of stormwater
impractical as determined by the Public Works Director.
4. Infiltration will be prohibited where the infiltration BMP will be
constructed in any of the following areas:
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a. Where documented past, present, or anticipated future land uses
have resulted in or may result in contamination coming in contact
with stormwater runoff.
b. With less than three (3) feet of separation distance from the bottom
of the infiltration system to the elevation of the seasonally saturated
soils or the top of bedrock.
c. Where vehicle fueling and maintenance occur.
d. Where industrial facilities are not authorized to infiltrate industrial
stormwater under and NPDES/SDS Industrial Stormwater Permit
issued by the MPCA.
5. Infiltration will be restricted and subject to additional City review where the
infiltration BMP will be constructed in any of the following areas:
a. Within 1,000 feet up-gradient, or 100 feet down-gradient of active
karst features.
b. Where Drinking Water Supply Management Areas are present, as
defined by Minn. R. 4720.51000, subp.13, unless precluded by a
local unit of government with an MS4 permit.
c. Soils are predominately Hydrologic Soil Group D (clay) soils.
d. Soil infiltration rates are more than 8.3 inches per hour unless soils
are amended to slow the infiltration rate below 8.3 inches per hour.
e. Stormwater runoff shall be treated in a stormwater pond or by other
means prior to entering an infiltration facility; or
6. The minimum infiltration requirements for any region of the city will be
the requirements of the watershed district or watershed management
organization policies that govern that region. These policies may be met
through the use of regional or downstream systems prior to discharge of
runoff to waters of the state.
7. Infiltration systems must not be excavated to final grade until the
contributing drainage area has been constructed and fully stabilized. When
the infiltration feature is excavated to final grade, rigorous erosion
prevention and sediment control BMPs must be implemented to keep
sediment and runoff completely away from the infiltration area.
8. To prevent clogging of the infiltration system, a pretreatment device must
be used to settle particles before the stormwater discharges into the
infiltrations system.
9. Areas of permanent pools tend to lose infiltration capacity over time and
will not be acceptable as an infiltration practice.
10. Per Ordinance Section 54.15 Stormwater Management Plan Approval and
Implementation Standards, the infiltration system must provide a water
quality volume (calculated as an instantaneous volume) of one (1) inch of
runoff (or one (1) inch minus the volume of stormwater treated by another
system on the site) from the new impervious surfaces created by the
project.
11. The applicant must ensure filtration systems with less than three (3) feet of
separation from seasonally saturated soils or from bedrock are constructed
with an impermeable liner.
12. A minimum maintenance access of twelve (12) feet is required.
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S. Mitigation.
1. Where construction projects cannot meet volume, TSS, or TP reduction

requirements for new development or redevelopment projects on the site of
original construction, all methods must be exhausted prior to considering
alternative methods and/or locations where volume and treatment standards
can be achieved. If the city has determined that all methods have been
exhausted, the permittee will be required to identify alternative locations
where the standards can be achieved or alternative methods in the following
order of preference:
a. Locations that yield benefits to the same receiving water that receives
runoff from the original construction activity.
b. Locations within the same Department of Natural Resource (DNR)
catchment area as the original construction activity.
c. Locations in the next adjacent DNR catchment area up-stream.
d. Locations anywhere within the City of Shakopee.
e. Biofiltration.
2. In addition, mitigation projects must also meet the following criteria:
a. Mitigation projects shall involve the establishment new structural
stormwater BMPs or the retrofit of existing structural stormwater
BMPs, or the use of a properly designed regional structural
stormwater BMP.
b. Previously required routine maintenance of structural stormwater
BMPs cannot be considered mitigation.
c. Mitigation projects must be finished within 24 months after the
original construction activity begins.
d. A maintenance agreement specifying the responsible party for long-
term maintenance shall be identified.

1. General. The minimum diameter for public sanitary sewer mains shall be eight (8) inches.
Sanitary sewer design must account for the study area and all areas outside the study area which
would naturally drain through the study area. Natural drainage areas will be established by using
the Comprehensive Sewer Plan and Comprehensive Water Resource Management Plan adopted
by the City. In no case shall the design velocity be less than 2.2 feet per second or more than ten
(10) feet per second as computed by Mannings formula for flow in open channels (Mannings
shall be 0.013 for purposes of design).
2. Design Criteria. Sanitary sewers shall be designed and constructed in accordance with the
most current edition of Recommended Standards for Sewage Works; a report of Committee of the
Great Lakes - Upper Mississippi River Board of State Sanitary Engineers.
3. Plan Requirements and Design Guidelines. The following are specific requirements related
to the design of sanitary sewer and sanitary sewer services:
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A. The sanitary sewer alignment shall follow the centerline of the street where
practical.
B. The maximum spacing between manholes is four-hundred (400) unless approved

otherwise.
C. All manholes at intersections shall be located at centerline/centerline.
D. Manholes are required on the terminus end of all stubs if the line will be active.
E. Connections to existing sanitary sewer manholes shall be core-drilled and fitted

with a watertight boot.
F. Inside drop manholes are not allowed.
G. The minimum depth of a sanitary sewer manhole is nine (9) feet unless previously
approved by the City Engineer.
H. Changing of pipe material between manholes is not permitted except at outside

drops.
I. Sanitary sewer services shall be a minimum four (4) diameter PVC (SDR 26).
J. Sanitary sewer services shall not be connected to a manhole unless otherwise

approved.
K. The minimum depth of the sanitary sewer service at the easement line shall be nine
(9) feet unless otherwise approved.
L. Sanitary sewer pipe shall be PVC SDR 35 (0 - 18' deep) and PVC SDR 26 (18-
26) deep. Alternate pipe materials for sanitary sewer deeper than twenty-six (26)
feet will be required as determined by the City Engineer.
M. Rerounding of pipe is not allowed unless previously approved by the City Engineer.
N. The contractor shall install a marker post at the end of each sanitary sewer
service. The developer shall provide GPS coordinates of each marker post and GPS
coordinates of each sanitary sewer service wye. Final record drawings submitted
to the City shall have a table identifying each sanitary sewer service with the
aforementioned GPS coordinates.
Sect. 6 Utilities
1. Public Water. Where a connection to the City water system is presently available at or reasonably
near the boundary of the subdivision, water distribution facilities, including fire hydrants, shall be
installed to serve all properties within the subdivision and shall be in accordance with policies of the
Shakopee Public Utilities Commission. Public Water systems shall be designed and constructed in
accordance with the standards and policies of the Shakopee Public Utility Commission.
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2. Other Utilities. Electric service, phone service, and cable television installations to residential
structures shall be underground from the main line to the residential structure except where extreme
conditions prohibit and a variance from this requirement is authorized by the Planning Commission
upon advice of the Utilities Commission. Provisions shall also be made for underground connections
of street lights as required from main lines to the street line installation.
Where telephone, electric and/or gas service lines are to be placed underground, conduits or cables
shall be placed within easements or dedicated public ways, in such a manner so as not to conflict with
other underground services, and in locations as approved by the City Engineer. All drainage and other
underground utility installations that traverse privately owned property shall be protected by
easements.

1. Design Criteria. The subdivider shall provide for installation of street lighting and operation for
a period of three (3) years as prescribed by the Utilities Manager. Street lighting shall be designed
and constructed in accordance with the standards and policies of the Shakopee Public Utility
Commission and the City of Shakopee.
Sect. 8 Streets
1. General.
A. The arrangement of thoroughfares and collector streets shall conform as nearly as

possible to the Comprehensive Plan. Except for cul-de-sacs, streets normally shall
connect with streets already dedicated in adjoining or adjacent subdivisions, or
provide for future connections to adjoining unsubdivided tracts, or shall be a
reasonable projection of streets in the nearest subdivided tracts. The arrangement of
thoroughfares and collector streets shall be considered in their relation to the
reasonable circulation of traffic, to topographic conditions, to runoff of stormwater, to
public convenience and safety, and in their appropriate relation to the proposed uses
of the area to be served.
B. Where the plat to be submitted includes only part of the tract owned or intended for
development by the subdivider, a tentative plan of a proposed future street system for
the unsubdivided portion shall be prepared and submitted by the subdivider at the
same scale as set forth herein.
C. When a tract is subdivided into larger than normal building lots or parcels, such lots
or parcels shall be so arranged so as to permit the logical location and openings of
future streets and appropriate resubdivision, with provision for adequate utility
connections for such resubdivision.
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2. Street Width and Right-of-Way Width.
A. Two-way right-of-way widths and pavement widths (back to back of curb) shall
conform to the Citys adopted Transportation Plan, with the exception of the local
roads. The local road width shall be as follows:
Local (anticipated traffic of 200 or

less cars per day, as determined
by the City Engineer) 60 Feet 33 Feet
Local (more than 200 cars per day) 60 Feet 37 Feet
B. All one-way right-of-way widths and pavement widths (back to back of curb) shall
conform to the following minimum dimensions:
Local 45 Feet 25 Feet

Collector Streets 60 Feet 30 Feet
Arterial Streets 60 Feet 30 Feet
3. Streets.
A. Public Streets and alleys shall be designed and constructed in accordance with the
General Specification and Standard Detail Plates for Street & Utility Construction.
All street and alley construction shall be inspected by the City Engineering
Department.
B. The full width of the right-of-way of each street and alley dedicated in the plat shall
be graded. The width shall comply with the surface provisions of this Chapter and
Class 5 MN/DOT aggregate or other suitable base shall be required as prescribed by
the Engineering Department.
C. All streets shall be surfaced with a bituminous surface or portland cement concrete.
D. Except where justified by special conditions, such as the continuation of an existing

alley in the same block, alleys will not be approved in residential districts. Dead end
alleys shall be avoided, whenever possible, but if unavoidable, such dead end alleys
must provide adequate turnaround facilities at the closed end.
E. Concrete curb and gutter may be required as a part of the required street surface
improvement and shall thus be designed for installation along both sides of all
roadways in accordance with the standards of the City
F. Rural roadway sections, that do not include concrete curb and gutter, shall consist of
roadside ditches and five (5) foot gravel shoulders.
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4. Grades.
A. All center line gradients shall be at least 0.5 percent and shall not exceed the following:
Classifications Gradient Percent
Arterial Streets 5
Collector Streets 6
Local Streets 7
Marginal Access Streets 7
Alleys 8
The grades at intersecting state-aid streets shall not be greater than 1.0% for 50 on
either side of the state-aid street, and not greater than 2.0% for an additional 50. The
grades at intersecting arterial streets shall not be greater than 2.0% for 200 on either
side of the intersection. On local streets, the grade shall not be greater than 3.0% for
100 on either side of the intersection. The more important street at an intersection,
as determined by the City Engineer, shall govern the through grade.
5. Street Jogs. Street jogs (intersections less than 330 feet apart) must be approved by the City
Engineer.
6. Local Streets. Local streets shall be so aligned that their use by through traffic will be discouraged.
Dead end streets are prohibited, but cul-de-sacs will be permitted where topography or other
conditions justify their use.
7. Cul-de-sacs. Maximum length of cul-de-sac streets shall be one-thousand (1,000) feet for rural
service areas and seven-hundred fifty (750) feet for urban service areas measured along the center
line from the intersection of origin to end of right-of-way. Cul-de-sacs shall have a dedicated right-
of-way with a minimum radius of sixty (60) feet, and shall be paved with a minimum radius of forty-
six (46) feet (to back of curb). Lot lines abutting cul-de-sacs shall be radial except in extreme cases
where special permission may be granted otherwise.
8. Temporary Cul-de-sacs. In new subdivisions where a future public street will connect to a
temporary street stub, a temporary cul-de-sac will be required. The maximum length of temporary
cul-de-sac streets shall be seven-hundred fifty (750) feet for both rural service and urban service areas,
measured along the center line from the intersection of origin to end of pavement. The minimum
paved surface diameter shall be seventy (72) feet, without curb and gutter. A temporary cul-de-sac
will not be required for street stubs that serve less than three (3) lots.
9. Service Roads. Where a subdivision abuts or contains an existing or planned service road or a
railroad right-of-way, the Council may require a street approximately parallel to and on each side of
such right-of-way for adequate protection of residential properties and to afford separation of through
and local traffic. Such marginal access streets shall be located at a distance from the major
thoroughfares of railroad right-of-way suitable for the appropriate use of the intervening land, as for
park purposes in residential districts, or for commercial or industrial purposes in appropriate districts.
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Such distances shall also be determined with due regard for the requirements of approach grades and
future grade separations.
10. Half Streets. Half streets shall be prohibited, except where essential to the reasonable
development of the subdivision in conformity with the other requirements of these regulations; and
except where the Council finds it will be practicable to require the dedication of the other half when
the adjoining property is subdivided. Wherever there is a half street adjacent to a tract to be
subdivided, the other half of the street shall be platted within such tract.
11. Surface. All street surfaces shall be designed and constructed in accordance with the standard
specifications and shall provide a warranty bond before being accepted by the City for maintenance.
Curb and gutter or shoulder and bituminous surfacing shall be constructed at the same time.
12. Reserve Strips. Reserve strips controlling access to streets shall be prohibited.
13. Hardship to Owners of Adjoining Property Avoided. The street arrangement shall not be such
as to cause hardship to owners of adjoining property in platting their own land and providing
convenient access to it.
14. Access to Arterial and Collector Roadways. In the case where a proposed plat is adjacent to an
arterial or collector road, the applicant shall not direct vehicle or pedestrian access from individual
lots to such roadways. The subdivider will be required to provide access to all lots via public streets.
Spacing of these public streets shall meet the requirements of the Citys adopted Transportation Plan.
15. Platting of Small Tracts. In the platting of small tracts of land fronting arterial roadways where
there is no convenient access to existing entrances and where access from such plat would be closer
than 1/4 mile from an existing access point, a service road forty (40) feet wide shall be dedicated
across the tract. As the neighboring land is platted and developed, and access becomes possible to
the service road, direct access to the thoroughfares shall be prohibited.
16. Deflections/Horizontal Curves. When connecting street lines deflect from each other at any one
point by more than ten (10) degrees, they shall be connected by a curve with a radius of not less than
one-hundred twenty (120) feet. Depending on grades and projected traffic volumes the City Engineer
may require a larger radius. This minimum curve radius does not apply to intersecting street lines
(full street intersections) or to street lines connected at T intersections. Collector street horizontal
centerline curves shall meet State Aid Standards.
17. Street Vertical Curves. Vertical curves on local roads shall be designed to meet a minimum
design speed of thirty (30) mph. The City Engineer will determine the design speed for arterial
and collector roads. The minimum allowable curve length is fifty (50) feet unless the algebraic
difference between grades within a vertical curve is less than 1.2 percent, then the allowable
minimum vertical curve length is twenty (20) feet.
18. Angle of Intersections. The angle formed by the intersection of streets shall be ninety (90)
degrees. Any variance will require approval by the City Engineer.
19. Size of Intersection. Intersections of more than four corners shall be prohibited.
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20. Curb Return Radius. Minimum curb return radii at intersections shall conform to the following
table:
Curb Return Radius (feet) at Intersections
Local (33) Local (37) Collector Arterial
Local (33 wide) 20 0

Local (37wide) 20 20
Collector 25 25 25
Arterial 30 25 25 25
Industrial 30 25 25 25
The City Engineer may require larger radii. The County Engineer will determine radii at intersections
at County roads.
21. Crosspans. Double crosspans may be used at the intersection of residential streets only when
necessary to prevent flooding of one side of the street. Crosspans are not allowed across collector or
arterial streets. Crosspans are not allowed on streets with storm sewer systems or on other streets
designated by the City Engineer.
22. Street Section Design. The street section shall be designed as set forth in the Geotechnical
and Pavement Manual (Chapter 5), as prepared by the Minnesota Department of Transportation.
It shall be accompanied by a complete soils report certified by a licensed professional engineer.
The following minimum pavement thickness and aggregate thickness shall apply to all streets:
Minimum Minimum
Arterial Street 5 10
Collector Street (Residential) 4 8
Minimum Minimum
Collector Street (Commercial) 5 10

Collector Street (Industrial) 5 10
Local Street 4 8
All streets with subgrade soil with an R value of thirty (30) or lower shall be constructed with
two (2) feet of granular borrow and one-hundred (100) feet of drain tile connected to and centered
on each low point catch basin.
The street section must be approved by the City Engineer and may be adjusted by the City Engineer
based on the soils report.
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1. Sidewalks.
A. The sidewalks shall not be located less than one foot from the property line, nor be
adjacent to the curb except as determined in commercial areas. Sidewalks in industrial
areas shall be located to conform to the anticipated pedestrian flow of the
development.
B. Sidewalks shall slope 1/4 inch per foot away from the property line and the profile
grades shall conform to street grades.
C. Planned unit development shall be subject to the location, widths, and grades set forth
herein.
D. The subdivider shall install sidewalks on both sides of an officially designated arterial
street and on one side of collector streets, and walkways to schools; such collector
streets and walkways to be determined by the Planning Commission and approved by
the Council. If the street is along a designated trail route, a bituminous trail may be
required in place of the sidewalk, as determined by the Planning Commission and
approved by the Council.
E. In blocks over nine-hundred (900) feet long, pedestrian crosswalks through the blocks,
and at least ten (10) feet wide, may be required by the Council in locations deemed
necessary to public health, convenience and necessity.
F. Curb returns and intersections where sidewalk is required shall have handicap ramps
with truncated domes.
G. All sidewalks widths shall be five (5) feet, except in commercial areas where the width
may be wider, as determined by the City Council.

1. Easements.
A. A minimum of five (5) feet drainage and utility easement is required adjacent to all
side yard lot lines.
A minimum of ten (10) feet of drainage and utility easement is required adjacent to
all front lot lines, rear lot lines or lot lines adjacent to public right-of-way.
A minimum twenty (20) feet of drainage and utility easement is required centered over
all utilities less than five (5) feet deep.
For utilities deeper than five (5) feet, the minimum easement width shall be calculated
assuming a one (1) foot trench bottom and 1-foot (vertical) to 1.5-foot (horizontal)
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side slopes. For example, a utility ten (10) feet deep will require a minimum easement
width of thirty (31) feet.
The City Engineer may increase easement requirements, as necessary
B. Where a subdivision is traversed by a water course, drainage way/swale, channel or

stream, there shall be provided a stormwater easement or drainage right-of-way
conforming substantially to lines of such watercourse, and such further width or
construction, or both, as will be adequate for the purpose. Parallel streets or parkways
may be required in connection therewith.
C. Drainage and utility easements shall be shown on the final plat, out to the one-hundred
(100) year highwater level contour.
D. Access easements, for future maintenance, shall be provided for ponding areas within
subdivisions.
2. Blocks.
A. Block length and width or acreage within bounding streets shall be such as to
accommodate the size of residential lot required in the area by the Zoning Chapter and
to provide for convenient access, circulation control and safety of street traffic.
B. Residential block lengths shall not exceed one-thousand three-hundred (1,300) feet.
Blocks intended for commercial and industrial use must be designed as such, and the
block must be of sufficient size to provide for adequate off-street parking, loading and
such other facilities as are required to satisfy the requirements of the Zoning Chapter
of the City Code.
C. A block shall be so designed as to provide two tiers of lots, unless it adjoins a railroad
or major thoroughfare where it may have a single tier of lots.
3. Lot Standards.
A. The lot dimensions shall be such as to comply with the minimum lot areas specified
in the Zoning Chapter.
B. Side lines of lots shall be substantially at right angles to straight street lines or radial
to curved street lines.
C. In the subdividing of any land, due regard shall be shown for all natural features, such
as tree growth, wetlands, steep slopes, watercourse, historic spots, or similar
conditions, and plans adjusted to preserve those which will add attractiveness, safety
and stability to the proposed development.
D. All remnants of lots below minimum size left over after subdividing of a larger tract
must be added to adjacent lots rather than allowed to remain as unusable parcels.
_____________________________________________________________________________________
Page 168 of 320
E. Double frontage (lots with frontage on two parallel streets) or reverse frontage shall
not be permitted except:
1. Where lots back on an arterial or collector street, in which case vehicular and
pedestrian access between the lots and arterial streets shall be prohibited. Such
double frontage lots shall have an additional depth of at least twenty (20) feet
in order to allow space for screen planting along the back lot line.
2. Where topographic or other conditions render subdividing otherwise
unreasonable, such double frontage lots shall have an additional depth of at
least twenty (20) feet in order to allow space for screen planting along the back
lot line.
F. All lots must abut their full frontage on a publicly dedicated street.
G. Rural service lots shall be designed in such a manner whereby septic tanks, drainfields
and homes are located as to allow future subdivision of the land upon the requirement
of the City Engineer where future urban service expansion is probable. The City may
also require at the time of final subdivision approval that a covenant be recorded which
requires the placement of future structures in accordance with approved preliminary
plat design. Whenever a parcel of land is subdivided into lots containing one or more
acres and there are indications that such lots may eventually be subdivided into smaller
plats, the Council may require that such parcel of land be divided so as to allow for
the future construction of streets and the extension of adjacent streets. Easements
providing for the future opening and extension of such streets may be made a
requirement of the plat.
H. All lots or parcels shall have direct adequate physical access for emergency vehicles
along the frontage of the lot or parcel from a public roadway
4. Buffering Residential Subdivisions Adjacent to Intermediate and Principal Arterial Roads.
A. In all residentially zoned areas determined by the Administrator to have significant

noise impact within one-hundred twenty-five (125) feet of the roadway right-of-way
or areas of noise impact estimated to maintain ambient decibel ratings of seventy (70)
DbA or greater, one or a combination of the following design requirements shall
apply:
1. Lots adjacent to the roadway right-of-way shall be sized wherein a One-

hundred twenty-five (125) foot buffer strip be provided as additional setback
to lot depth or width standards supplementary to the minimum lot size and
setback of the zoning provisions of the applicable district. An earth berm or
other acceptable barrier technique shall be constructed to abate noise impact
adjacent to roadway right-of-way equal to or below the seventy (70) DbA
standard accompanied by the following:
a. A plan showing the existing and anticipated noise levels in DbA that
are or will be expected on the site and in the immediate vicinity of the
site.
_____________________________________________________________________________________
Page 169 of 320
b. A description of the site plan construction techniques, architectural
designs, and other measures expected to be taken to reduce ambient
noise levels. Such description shall include sufficient plans and other
drawings to enable the City to accurately identify the noise reduction
measures expected to be taken.
B. Responsibility for any noise mitigation measures shall be the responsibility of the
developer, its successors and/or assigns. This responsibility shall be included and
clearly stated in plat approval resolutions or other relevant approval documents.
5. Buffering Residential Dwellings Adjacent to Wetlands and Stormwater Ponds
A. In all zoned areas where residential dwellings are adjacent to, or are within one-
hundred (100) feet of a wetland or stormwater pond, the following design
requirements shall apply:
1. All residential dwellings shall be at least thirty (30) feet horizontal from the
one-hundred (100) year high water level of the wetland or pond. Building
setbacks shall be in accordance with the latest addition of the Citys
Stormwater Management Plan.
2. In commercial or industrial zoned areas where a stormwater pond is proposed
to be within one-hundred (100) feet of a residential dwelling, a fence shall be
installed along the property line separating the commercial zoned (or
industrial zoned) area and the residential property.

1. General Plan And Drafting Requirements.
A. Title Sheet
The title sheet shall include a project location map and an approval block for the
City Engineer (approved for one year from the date of signing).
B. Overall Plan
Incorporated in the set of plans shall be an overall plan duplicating the entire project
showing all proposed improvements with corresponding sheet numbers on each
separate sheet and index. An approval block for Shakopee Public Utilities
Commission shall be included on the overall plan sheet.
C. Standard Sheet
All drawings shall be submitted on standard sheets at standard scale.
_____________________________________________________________________________________
Page 170 of 320
Standard Sheet:
Grading Plan - 22" x 34"

Street and Utility Plan - 22" x 34"
Standard Scale:
Horizontal 1" = 50'

Vertical 1" = 5
D. Plan
North arrow, rights-of-way and width, property lines, lot and block numbers, street
names, utility lines and size, railroad track, ditches, easements and width, match
lines and reference sheet numbers shall be shown on all plan sheets. All roadway
improvements and utilities shall be tied to the centerline of City right-of-way, to
the centerline of a City easement, to subdivision corners, to Government land
corners or to Government land lines.
E. Profile
To be located directly below the plan with stationing aligned as closely as practical.
Original ground (dashed) and proposed if different (solid). Profile shall locate and
describe additional information required under the standards for the particular
improvement proposed. All utilities shall be shown in profile to include sanitary
sewer, watermain, storm sewer and storm sewer crossings.
F. Additional Sheets
Use standard sheet requirements with appropriate scales for additional sheets
required by the City Engineer and not covered by City of Shakopee Standard Detail
Plates or approved Mn/DOT Standard Plates. More than one (1) sheet may be
necessary. Additional sheets may include, but are not limited to, unique project
details, signage and striping, landscaping, SWPPP, turn lane construction, box
culvert construction, etc.
G. Benchmark
Description on each sheet, elevation, USGS 1929 datum, tie to City bench loop,
description of City benchmark to which it is tied.
H. Title Block
Shall include the name of project, subdivision or planned building group or street,
as applicable and type of utility or roadway and the name, address, zip, telephone
of the Engineer and developer.
_____________________________________________________________________________________
Page 171 of 320
I. Certification
Certification signature and registration number of Professional Engineer on each

sheet.
J. Required Notes
These notes shall appear on the cover sheet. If no cover sheet, they shall be put on
every sheet submitted for approval.
All work shall be done in accordance with the City of Shakopees General
Specifications and Standard Detail Plates for Street and Utility
Construction.
The contractor shall install a steel marker post at the end of each sanitary
sewer service. The developer shall provide GPS coordinates of each marker
post and GPS coordinates of each sanitary sewer service wye. Final record
drawings submitted to the City shall have a table identifying each sanitary
sewer service with the aforementioned GPS coordinates.
2. Record Plan Requirements.
A. Record plans must submitted on mylar sepias from inked and clearly legible
drawings. At a minimum, two (2) electronic copies in AutoCAD and Adobe
Acrobat formats must be submitted with datum on the Scott County coordinate
system. Specific electronic formats and/or versions will be determined by the City
Engineer.
B. The record plans shall, at a minimum, include the following information:
Locations and top of casting and invert elevations of all sanitary sewer and
storm sewer structures and appurtenances.
Locations and top-nut elevations for all fire hydrants.
Locations and elevations for all gate valves.
Revised pipe slopes, lengths and materials (if applicable).
Revised horizontal locations of all street and utility improvements.
Additional notes as required by the City Engineer.
C. Sanitary Sewer Services
Stationing of sanitary sewer wyes shall be indicated.
All sanitary services shall be shown on the record plan with length, size,
elevation, and pipe type noted. Indicate if jacked.
If sanitary sewer wye only is constructed, it shall be noted as "Wye Only"
after the stationing.
The approximate invert elevation at the forty-five (45) degree bend of all
sanitary sewer service stubs shall be shown on the plans. If deep risers are
_____________________________________________________________________________________
Page 172 of 320
placed, the height of each shall be indicated on the plans and each shall be
drawn on the profile, and the height of the risers indicated.
D. Water Services
Stationing of water corporation cock shall be indicated.
All water services shall be shown with length, size and pipe type noted.
Indicate if jacked.
All curb stop boxes shall be tied at the property line with at least two ties
using the following priority:
o Sanitary sewer manholes

o Hydrants
o Storm sewer manholes
o Catch basins
o Power transformers
o Building corners
E. Watermain Fittings
All water fittings should be labeled as to size and type such as bends, ties, plugs,
etc.
F. Gate Valves
All gate valves shall be tied with at least two ties using the following priority:
Fire hydrants.
Manholes.
Catch basins, if curb and gutter are in.
Buildings or other permanent structures.
Telephone pedestals.
Power poles, trees, other semi-permanent items.
Stationing from hydrants, manholes, catch basins, if over one-hundred (100)
feet.
All ties should be less than two-hundred (200) feet whenever possible.
G. Fire Hydrants
All fire hydrants shall have a benchmark elevation shown for the top-nut of the fire
hydrant.
H. All structures shall have the top of casting elevation and invert elevations shown.
_____________________________________________________________________________________
Page 173 of 320
I. Streets
Street record as-built plans/drawings shall include a typical street section and
horizontal and vertical curve data.
J. Miscellaneous
The following information shall be shown on every sheet:
Contractors name
Construction observers name
Project engineers name
K. Sanitary Sewer Televising
The contractor must televise the entire sanitary sewer system and provide the City
with one DVD of the sanitary sewer system along with a televising report. The
report shall include the locations of all service wyes.
L. Operations Record Plan
An Operations Record Plan must be submitted to the City and to SPUC and
approved by each entity prior to issuance of building permits in addition to the
model building permit. The plan must include, at a minimum, the following
information:
Information as required in Sections A, B, C, D, E and H above.

Information as required by the SPUC Water Policy Manual.
The City Engineer may require additional information and increase

the minimum requirements on any project.
_____________________________________________________________________________________
Page 174 of 320
RESOLUTION 7933
A Resolution Adopting Design Criteria

For Chapter 150 of the City Code, Subdivision Regulations
WHEREAS, Shakopee City Code Chapter 150 contains subdivision regulations;

and
WHEREAS, City Code Sections 150.55 through 150.66 establish certain city
design criteria pertaining to design, construction, and installation that all public
improvements, subdivisions, and new buildings must follow; and
WHEREAS, the design criteria are defined in a separate standalone document by

reference called the City of Shakopee Design Criteria; and
WHEREAS, the latest version of the citys Design Criteria was adopted by the
City Council through Resolution 6805 on September 2, 2008; and
WHEREAS, the Erosion and Sediment Control, and the Storm Sewer sections of
the Design Criteria have been updated to meet compliance requirements established by
the Minnesota Pollution Control Agency as part of the citys Small Municipal Separate
Storm Sewer System General Permit (MS4 Permit).
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF

THE CITY OF SHAKOPEE, MINNESOTA: that it hereby approves and adopts the
revised Design Criteria, a copy of which is attached hereto for use with Chapter 150 of
the City Code, Subdivision Regulations.
Adopted in regular session of the City Council of the City of Shakopee,
Minnesota, held this 17th day of October 2017.
________________________________
ATTEST:
________________________
City Clerk
Page 175 of 320

*5.C.2.

October 17, 2017
FROM: Ryan Halverson, Assistant City Engineer

Subject:
Declare a Cost to be Assessed and Establish a Public Hearing for the 2017 Street
Reconstruction, Project 2017-1.
Adopt Resolution 7939 declaring costs to be assessed, ordering the preparation of proposed
assessments and setting a public hearing for November 21, 2017, for the 2017 Street
Reconstruction, Project 2017-1.
Recommendation:
Adopt Resolution 7939.
Discussion:
On March 7, 2017, City Council adopted Resolution 7844, approving the plans and
specifications and ordering the advertisement for bids for the 2017 Street Reconstruction,
Project 2017-1. On April 18, 2017, City Council adopted Resolution 7860, a resolution
accepting the bids and awarding the contract for the 2017 Street Reconstruction Project.
The improvements have been constructed and are now complete. The contract
construction costs are $1,564,309.30, street lighting costs are $19,000
and engineering/administration/legal costs are $201,229.54 resulting with a final total project
cost of $1,784,538.84. The attached resolution declares total project costs, the final project
funding amounts, and the total cost to be assessed.
Budget Impact:
Project funding sources include the Sanitary Sewer fund, Storm Sewer fund, Shakopee
Public Utilities, Capital Improvement fund (CIF) and assessments to the benefiting
properties. The following summary provides the estimated funding amounts from the
Preliminary Engineering Report and the final project funding amounts based on actual costs.
Page 176 of 320

Preliminary Project Completion
Engineering Report
Assessments $384,000 $254,125.00
CIF $896,000 $632,438.72
Sanitary Sewer Fund $410,000 $250,674.20
Storm Sewer Fund $338,000 $149,893.97
Shakopee Public $554,000 $497,406.95
Utilities
Total Costs $2,582,000 $1,784,538.84
ATTACHMENTS:
Resolution 7939
Page 177 of 320

RESOLUTION NO. 7939
A Resolution Declaring The Costs To Be Assessed
And Ordering the Preparation Of Proposed Assessments
For The 2017 Street Reconstruction
Project 2017-1
WHEREAS, a contract has been let for the construction of the 2017 Street
Reconstruction Project as described in the preliminary engineering report with the contract
price for such improvements of $1,666,751.40; the final contract price for such
improvement is $1,564,309.30, street lighting costs are $19,000, and
engineering/administration/legal costs are $201,229.54. Of this cost the City of Shakopee
will pay $1,033,006.89 and Shakopee Public Utilities will pay $497,406.95.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF

THE CITY OF SHAKOPEE, MINNESOTA:
1. The cost of such improvement to be specially assessed is hereby declared to be

$254,125.
2. The City Clerk, with the assistance of the City Engineer, shall forthwith
calculate the proper amount to be specially assessed for such improvement against every
assessable lot, piece, or parcel of land within the district affected, without regard to cash
valuation, as provided by law, and keep a copy of such proposed assessment in her office
for public inspection.
3. That the City Clerk shall, upon the completion of such proposed assessment,
notify the City Council thereof.
BE IT FURTHER RESOLVED:
1. That a hearing shall be held on the 21st day of November 2017, in the Council
Chambers of City Hall at 7:00 P.M. or thereafter, to pass upon such proposed assessments
and at such time and place all persons owning property affected by such improvements and
proposed assessments will be given an opportunity to be heard with reference to such
assessment.
2. That the City Clerk is hereby directed to cause a notice of the hearing on the
proposed assessment to be published once in the official newspaper of the City of Shakopee
at least two weeks prior to the hearing and she shall state in the notice the total cost of the
improvements. She also shall cause mailed notice of such hearing to be given to the owner
of each parcel described in the assessment roll not less than two weeks prior to the hearing.
Page 178 of 320

Adopted in _________________ session of the City Council of the City of
Shakopee, Minnesota, held this ______ day of _______________, 2017.
__________________________
ATTEST:
_________________________
City Clerk
ENGR/2017PROJECT/2017-STREET-RECONSTRUCTION/WORD/RES7939-DECLARE-COSTS-ASSESSED
Page 179 of 320

*5.C.3.

October 17, 2017

Subject:
Award a contract for the Vierling Drive Utility Extension Phase 1 Project No. 2017-10.
Approve Resolution 7942, accepting the bids, awarding a contract for the Vierling Drive
Utility Extension Phase 1 Project No. 2017-10 to RL Larson Excavating, Inc., and
approving a five percent project contingency amount.
Recommendation:
Adoption of Resolution 7942.
Discussion:
The city's Capital Improvement Plan (CIP) contains the Vierling Drive Utility Extension
Phase 1 Project. On September 19, 2017, the City Council approved the plans and
specifications, and authorized bidding for Phase 1 of the project that includes the installation
of the public watermain and sanitary sewer lines. Phase 2 improvements will include the
storm sewer, roadway, streetscaping, street lighting, and a roundabout to serve access to the
adjacent parcels that are currently available for development. Phase 2 plans are currently
being developed and are programmed for spring 2018.
In accordance with Minnesota Statute Section 471.347 Uniform Municipal Contracting Law,
bids were solicited and opened on October 13, 2017. A total of nine (9) bids were received
and RL Larson Excavating, Inc., from St. Cloud, Minnesota, is the low bidder in the amount
of $321,712.50. RL Larson Excavating, Inc., has the capacity and experience for the project
and is deemed a responsible bidder. They are prepared to begin work immediately with an
anticipated completion in December 2017.
Budget Impact:
The CIP identified a project budget of $1,500,000 for the Vierling Drive Utility Extension
Project, inclusive of both Phases 1 and 2.
Page 180 of 320

Phase 1 estimated construction costs based on the low bid amounts to $321,712.50. The
Phase 2 estimated construction cost is $880,000. The combined construction costs plus 5%
contingency and 20% engineering/administration/legal makes up the total project budget of
$1,500,000.
Project funding includes the Capital Improvement Fund ($1,490,000) and Shakopee Public
Utilities water fund for watermain oversizing to serve future extension needs ($10,000).
ATTACHMENTS:
CIP Sheet
RESOLUTION 7942
Page 181 of 320

Capital Improvement Plan 2018 thru 2022 Department Capital Improvements Fund
City of Shakopee, Minnesota Contact Public Works Director
Type Improvement
Project # CIF-18-007
Useful Life
Project Name Vierling Drive - C.R. 69 to Taylor St. Category Street Construction
Accounting Code Priority 2 Important-Provide Efficeincie
Fund Capital Improvement Fund
Total Project Cost: $1,500,000
Description
The construction of street, utility, sidewalk and trail system from County Road 69 to Taylor Street.
Justification
Vierling Drive completion is needed to provide access to commercial property south of Shakopee Town Square and North of the Shakopee By-Pass
while completing this east-west collector system.
Expenditures 2018 2019 2020 2021 2022 Total

Construction/Maintenance 1,200,000 1,200,000
Engineering/Administration 300,000 300,000
Total 1,500,000 1,500,000
Funding Sources 2018 2019 2020 2021 2022 Total

Capital Improvement Fund 1,500,000 1,500,000
Total 1,500,000 1,500,000
Budget Impact/Other
Sale of property will reinburse the cost of improvements. Also this roadway could qualify for Local Road Improvement Program funds from the
State.
Page 182 of 320

RESOLUTION NO. 7942
A Resolution Accepting Bids for the
Vierling Drive Utility Extension Phase 1
Project No. 2017-10
WHEREAS, pursuant to an advertisement for bids for the Vierling Drive Utility Extension
Phase 1 Project No. 2017-10, bids were received, opened on October 13, 2017, and tabulated
according to law, and the following bids were received complying with the advertisement:
Bidder Amount
RL LARSON EXCAVATING, INC $321,712.50

PARK CONSTRUCTION CO. $343,885.45
R & R EXCAVATING, INC $356,669.45
NORTHDALE CONSTRUCTION CO. $369,968.95
RYAN CONTRACTING CO. $379,321.00
NORTHWEST ASPHALT, INC $391,370.07
HESELTON CONSTRUCTION LLC $408,964.85
S.M. HENTGES & SONS, INC $448,862.10
ALCON CONSTRUCTION CORP. $450,000.00
WHEREAS, it appears that RL Larson Excavating Inc., 2255 12th Street S.E., St. Cloud, MN
56304 is the lowest responsible bidder for the Vierling Drive Utility Extension Phase 1 Improvement
Project in the amount of $321,712.50.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF

SHAKOPEE, MINNESOTA:
1. The appropriate City officials are hereby authorized and directed to enter into a
contract with RL Larson Excavating, Inc. in the name of the City of Shakopee for the Vierling Drive
Utility Extension Phase 1 Project according to the plans and specifications therefore approved by the
City Council and on file in the office of the City Clerk.
2. The City Clerk is hereby authorized and directed to return forthwith to all bidders the
deposits made with their bids, except that the deposits of the successful bidder and the next lowest
bidder shall be retained until a contract has been signed.
Adopted in regular session of the City Council of the City of Shakopee, Minnesota, held this
17th day of October 2017.
__________________________________________
ATTEST:
__________________________
City Clerk
Page 183 of 320

*5.C.4.

October 17, 2017

TO: Mayor & Council Members
Subject:
Amendment to the WSB & Associates, Inc., Agreement for Professional Services for the
Vierling Drive Connection Project.
Approve an amendment to the agreement with WSB & Associates, Inc. for professional
services for the Vierling Drive Extension Project from Taylor Street to County Road 69.
Recommendation:
Approve amendment.
Discussion:
On July 5, 2017, City Council authorized an agreement with WSB & Associates, Inc. for
professional services on the Vierling Drive Extension project from Taylor Street to County
Road 69, known as the Vierling Drive Extension Project 2017-10.
Additional services that were not included in the original scope of services are needed. The
amendment includes additional professional services for landscaping design and the
preparation of the preliminary and final plat.
Budget Impact:
This amendment to the agreement includes additional costs for Landscaping services in the
amount of approximate $18,696; and the preliminary and final plat work amounting to
$9,860. Total additional costs per this amendment is approximately $28,556.
The costs for these additional services will be a project cost that will be funded by the Capital
Improvements Fund.
ATTACHMENTS:
Page 184 of 320

Original Agreement
Landscape Scope Amendment
Platting Scope Amendment
Page 185 of 320

A
WSB
701 Xenia Avenue South i Suite 300 I Minneapolis, MN 55416 I( 763) 541- 4800
June 29, 2017
Mr. Bruce Loney, PE

Public Works Director/City Engineer
City of Shakopee
129 Holmes Street South
Shakopee, MN 55379- 1376
Re: Extension Agreement for Professional Services

Estimate of Cost to Provide Engineering Services
Vierling Drive Connection from Taylor Street to County Road 69
Dear Mr. Loney:
Introduction:
According to our Agreement for Professional Services within the City of Shakopee and Section
I- C- 2 ( Major Projects), this extension agreement is written to provide you with an estimate of
cost for engineering services for the above- referenced project. We are proposing to complete
the work as detailed in the attached Scope of Design Services, Exhibit A and Scope of
Construction Administration/ Survey Services, Exhibit B. WSB & Associates, Inc. ( WSB) is very
familiar with the project with our work on the MnDOT Municipal Agreement Application we
prepared for this roadway segment back in 2012.
Background:
One of the important factors for the construction of this final segment of Vierling Drive to the
west is this Vierling Drive connection will provide a local reliever and parallel route to TH 169
from CR 69 to Eagle Creek Boulevard. Currently, if an accident were to occur on TH 169, which
causes lane restriction or roadway closure, there isn' t a reasonable nearby alternative to TH 169
through the City of Shakopee. Completing the Vierling Drive connection also provides a route
for area residents to utilize local streets providing greater accessibility to their homes. Long
term, the connection will provide for additional collector route access to the Shakopee Town
Square shopping center.
The Vierling Drive connection is from Taylor Street West to County Road 69. The approximate
1, 000 foot connection will provide a local roadway paralleling TH 169 from County Road 69 to
Eagle Creek Boulevard. The Vierling Drive connection is understood to be four lanes to match
the current roadway section. Turn lanes will also be provided at CR 69 and at the access into
the Shakopee Town Square shopping center. Pedestrian / bicycle facilities will also be provided
to match the existing roadway section with sidewalk on the north side of the roadway and trail
on the south side of the roadway.
Building a legacy your legacy.

Equal Opportunity Employer I wsbeng. com
Page 186 of 320

Mr. Bruce Loney, PE
City of Shakopee
June 29, 2017
Page 2 of 3
Scope of Services:
The attached scope of design services describes the approach and tasks proposed to be
completed by WSB for street and utility design for this project. The work plan includes
engineering design services for roadway, storm sewer, sanitary sewer and water main, signing
and striping, traffic control, trails, removals, erosion control, street lighting and conduit crossing
plans. The work scope also includes project coordination and topographic surveying.
We understand that no feasibility report will be required for this project and no fee estimate was
provided for this work in our proposal. We are proposing to complete the final design portion of
this work as described in the attached Scope of Design Services, Exhibit A, on a cost-
reimbursable basis in accordance with our current fee schedule. It is proposed that all work
under the final design portion of the contract would be considered complete after the
preconstruction conference. We will review our progress monthly and will not exceed these
amounts without your prior approval.
WSB is available to provide construction services if the City desires assistance. These would
be part of a separate contract with the City. WSB typically provides construction survey and
would be available for inspection as well.
Engineering Design Services Fees:
ITEM COST
FINAL DESIGN SERVICES 128, 078
EXPENSES ( PERMITS, SURVEY, LATH, ETC.) 1, 750
TOTAL 129, 828
Please see the attached Work Plan and Estimate of Cost for a detail breakdown of the
estimated hours for this project.
We are available to begin work as soon as authorized by the City, and we anticipate we will
complete the project according to the following schedule, assuming that we receive the notice to
proceed on July 19, 2017.
C:\ Group Data\ Transportation\ Marketing\ Proposals\ Vierling Drhe to CR 69 Proposal\ l. LTR_ b Loney- Viering Dr. to CR 69_ 20170629. doc
Page 187 of 320

Mr. Bruce Loney, PE
City of Shakopee
June 29, 2017
Page 3 of 3
We propose to complete the project according to the following tentative schedule:
Council Approves Extension Agreement and Authorizes Design July 18, 2017
Commence Final Design Work July 19, 2017
Submit Plans to MnDOT, City and SPUC for review August 18, 2017
Ready to Approve Plans and Authorize Bids August 15, 2017
Open Bids September, 2017
Award Contract October, 2017
Begin Construction October 9, 2017
Substantially Complete Construction November, 2017
Final Wearing Course/ Complete Construction May, 2018
This letter represents our entire understanding of the project scope. If you are in agreement,
please sign on the space provided and return one original signed copy to us for our records.
We will start immediately upon receipt of the signed agreement.
If you have any questions concerning the work plan or fee as discussed herein, please feel free
to contact me at 763- 287-7189. We look forward to working with you and greatly appreciate the
opportunity to assist you and your staff in the completion of this project.
Sincerely,
WSB & Associates, Inc.
Donald W. Sterna, PE
Vice President
Enclosure
191t. Cr;:- trator
P
Mayor
6 /3
Drill
GAGroup Data\ Transportation\ Marketing\Proposals\ Vierling Drive to CR 69 ProposaN. LTR_b_ Loney-Vierling Dr. to CR 69_ 20170629. doc
Page 188 of 320

Exhibit A
Scope of Design Services

Vierling Drive Connection from Taylor Street to County Road 69
City of Shakopee
WORK PLAN
1. Project Management
This task includes planning and coordination of all work tasks, establishment and
monitoring of budgets, meetings and correspondence with the City of Shakopee, MnDOT,
Scott County, SPUC and if necessary, the Watershed District on a periodic basis. The
project manager will provide technical direction on all aspects of the project review, all
work products and prepare monthly progress reports. The project manager will serve a
primary role in the many design considerations. Donald Sterna, PE, is proposed to manage
the project for WSB & Associates, Inc. ( WSB).
2. MnDOT and County Agency Coordination

WSB will prepare and submit the funding application to MnDOT for the Local Road
Improvement Program. WSB will also coordinate with Scott County regarding the
intersection design at CR 69 including permit coordination with the County. Coordination
with both agencies will be required throughout the design process for agency approvals.
3. Geotechnical Evaluation
WSB team proposes to drill 3 soil borings to a depth 5 foot depth below the lowest City
utility elevation. The field investigation will include an estimated R-Value that will be used
to establish the pavement design. Additional soil boring information required for infiltration
testing required for design will be considered additional work which is not included in this
proposal. A brief geotechnical report will be prepared summarizing the geotechnical
findings.
4. Utility Coordination
WSB will call in a Gopher State One design locate and from that, identify all utilities in the
area. We will make contact with those utilities to obtain facility mapping along with
establishing our contact to discuss future utility plans. Based on the preliminary layout,
utility conflicts will be identified and design measures will be considered to accommodate
these conflicts. The cost for these utility conflicts, if any, will be identified and included as
part of the overall cost estimate.
5. Preliminary Layout and Cost Estimate

WSB will collect topographic and utility information along the project corridor that will be
utilized in the final design. WSB will collect record plans from the City of Shakopee, Scott
County, SPUC and private utility companies as necessary, to prepare the construction
documents. WSB will prepare the base mapping of the existing conditions that will be used
for the design. A preliminary layout of the project and 30% cost estimate will be prepared
along with a hydraulic evaluation to determine pond, rate control and infiltration
requirements that the project. Also the proposed sanitary sewer and water main systems will
be laid out and shown on the 30% layout. WSB will work with the City to finalize the
preliminary layout before the final design will begin.
Exhibit A 1
Page 189 of 320
Exhibit A
6. Roundabout Justification Report( RJR)

WSB will prepare a Roundabout Justification Report( RJR) for submission to the City and
MnDOT State Aid for approval. The following subtasks will be completed in the
preparation of the RJR:
6. 1 Data Collection: Available data will be collected from Scott County, the City of
Shakopee, MnDOT and other impacted agencies. This data will include but is not limited
to:
Historic traffic and pedestrian data
As built roadway plans

Intersection and corridor crash data
This task will include collecting new traffic volume data at the intersection of Vierling Drive
and the Shakopee Town Square access with a video camera and counting tubes. 48 hours of
data will be collected at the intersection. The information that will be determined from the
data will include; AM, PM and midday peak hour traffic volumes, average daily traffic
volumes, vehicle classification, pedestrian/ bike volumes and speed data. In addition, WSB
will review the camera data and note any safety and/or operational issues at the intersection.
6. 2 Roundabout Justification Reports( RJR): WSB will prepare a Roundabout

Justification Report( RJR) for a potential new roundabout at Vierling Drive and the
Shakopee Town Square access driveway for submission to the County and MnDOT State
Aid for approval. This will include:
Documentation of the existing traffic conditions

Project future traffic volumes for the adjacent sites
Documentation of crash data for the intersection
Conduct operational analyses of existing and projected traffic conditions using the
Synchro/ SimTraffic and Rodel computer software for the roundabout configuration
Justification analysis
The RJR analysis together with the data collected in Task 6. 1 will be assembled in the RJR
format required for submission to MnDOT State Aid.
7. Roundabout Design
WSB will complete the roundabout design based on the results of Task 6, regarding lane
configuration and following the design guidelines as indicated in Chapter 12 of the MnDOT
Road Design Manual and NCHRP 672. The roundabout will be designed to accommodate
the design vehicle and all necessary performance checks, such as fast path and phi angle,
will be completed during the preliminary design of the roundabout. It is assumed up to three
iterations of the roundabout configuration will be developed. Once a final configuration is
agreed upon, WSB will design the vertical component of the roundabout. This includes the
profiles leading to the roundabout and the longitudinal slope around the roundabout. The
roundabout will be modeled to tie into the existing topography, and construction limits will
represent those tie in points.
Exhibit A 2
Page 190 of 320
Exhibit A
WSB will develop a lighting configuration near and within the roundabout to State Aid
guidelines. A photometrics layout will be generated to ensure proper lighting of the
intersection.
8. Final Design and Plan Preparation

The construction plan phase involves the majority of our design effort. The plans will be
developed meeting City and State Aid standards. WSB will prepare a set of detailed
construction plans for the grading, sanitary sewer, water main, surface drainage, paving,
signing/ striping and erosion control in accordance with City standards. We will coordinate
our work closely with the City of Shakopee, SPUC and Scott County during the design
process to ensure that the City' s expectations are satisfied. Design meetings will be held, as
appropriate, to discuss design elements and comments during the design process. A final set
of plans will be submitted to the MnDOT, City, SPUC and Scott County for their review and
approval. The final construction plans will include the following:
Title Sheet and Index Map

General Layout
Estimated Quantities
Typical Sections
Miscellaneous Details
Construction Staging/ Traffic Control Plan

Alignment Plans and Tabulation
Removals
Construction Plan and Profile
Roundabout Plans and Details
Drainage Plan, Details and Quantities
Water Main/ Sanitary Sewer Plans

Turf Establishment/ Erosion Control Plans
Roundabout Lighting
Signing and Striping Plans
Cross- Sections
9. Drainage Analysis
From the previous plans, the roads within the site will be an urban design with storm sewer.
With partial installation of the facilities already complete, an analysis of the roadway
drainage area will be conducted to determine its existing condition and if additional special
stormwater management or ponding needs are required. This analysis would verify the flow
rates and determine what water quality and/ or rate control will need to be designed for the
roadway portions of the project. This analysis would include catch basin spacing, per City
requirements, infiltration, pond designs, pipe and sizing of all storm sewers under the
roadway.
Exhibit A 3
Page 191 of 320
Exhibit A
10. Permits
Permits will be acquired as part of the construction plan preparation. WSB will prepare and
apply for the necessary construction permits. The cost of the permits would be paid by the
City of Shakopee. The permits we anticipate that will be necessary for this project are:
MPCA NPDES Construction Stormwater General Permit

MPCA Sanitary Sewer Extension Permit
MDHWater Main Extension Permit
Lower Minnesota Watershed District Permit Coordination
11. Project Bidding

Upon approval of the bidding documents by the City, WSB will sell and distribute the
necessary number of plan and specification sets to the contractors for bidding. The City will
be responsible for the expenses of the plan and specification printing. The bid tabulation
will be done by the City.
Exhibit A 4
Page 192 of 320
Estimate of Cost
A
H VIERLING DRIVE Connection from Taylor Street to CR 69 IMPROVEMENTS
4 4--, 4,,, mi, SHAKOPEE, MINNESOTA
SCOTT COUNTY
629/ 2017
Estimated Hours
PRELIMINARY, DETAIL DESIGN and RAN Senior Design Grad Eng Registered Survey
I Project Project Engineer/ Engineering Engineering Land Crew Total
Manager Engineer Senior Tech Tech Tech Surveyor 2- Person Clerical Hours Cost_
Task Description
1 PROJECT MANAGEMENT/ MEETINGS
1. 1) Administration 32 6 4 4 46 97, 118. 00
1. 2) Quality Assurance/ Quality Control 2 8 12 22 $ 3, 112. 00
2 MnDOT and COUNTY COORDINATION

2. 1) MnDOT Coordination 8 6 4 4 22 $ 2, 926. 00
2. 2) Scott County Coordination 4 6 1 11 $ 1, 628. 00
3 GEOTECHNICAL EVALUATION( WSB Engineering)

3. 1) Soil Borings( 3 Total at 20 foot depth) WSB Engineering) 2, 250. 00
3. 2) Laboratory Testing WSB Engineering) 850. 00
3. 3) Engineering Analysis and Reports WSB Engineering) 1, 750. 00
4 UTILITY COORDINATION
4. 1) Utility Coordination( 2 meetings) 1 6 1 8 $ 1, 118. 0G
5 PRELIMINARY LAYOUT
4. 1) Prepare MnDOT Preliminary Layout& Drainage Design 2 2 16 20 40_ $ 4, 862. 00
4. 2) Preliminary Cost Estimate 1 2 12 15 $ 2, 060. 00
4. 3) Field Survey 1 6 1 18 26 $ 4,211. 00
4. 4) Base Mapping Preparation 2 6 8 $ 836. 00
6 Roundabout Justification Rport( RJR)

6. 1) Data Collection 1 4 20 25 $ 2, 602. 00
6. 2) Roundabout Analysis and Justification 2 16 40 6 64 $ 6, 664.00
7 Roundabout Design
7. 1) Roundabout Geometrics and Profile Design 2 48 16 6 72 $ 10, 154. 00
7. 2) Roundabout Lighting 1 16 8 6 31 $ 4, 216.00
8 FINAL DESIGN AND PLAN PREPARATION

8. 1) Final Plans, Specifications, and Estimates
A Title Sheet 2 1 3 $ 371. 00
B. General Layout 31 4 $ 504. 00
C. Statement of Estimated Quantities 2 4 4 10 01. 292. 00
D. Sols and Construction Notes 4 2 6 $ 742. 00
E. Earthwork Summary and Standard Plates 1 2 4 7 $ 856. 00
F. Typical Sections 1 6 8 15 $ 1, 808. 00
G. 4 6 4 14 $ 1, 542.001
Quantity Tabulations
H. 1 2 9 $ 1, 046. 001
Utility Tabulations 2 4
I. Miscellaneous Details 4 4 8 $ 952. 00
J. Standard Plan Sheets 2 2 4 $ 476. 00
K. Traffic Control Plans 1 4 6 11 $ 1, 332. 00
L. Alignment Plans and Tabulations 6 4 10 $ 1, 218. 00
M. In- Place Utilities 4 6 6 16 $ 2, 016. 00

Topography and
N. Removal Plans and Tabulations 6 6 4 16 $ 1, 808. 00

O. Construction Plan Sheets 4 2 40 16 6 68 $ 8, 544.00
P. Profile Sheets 1 4 18 20 6 49 55, 822.00

Roadway
Q. Drainage Plans and Profiles 4 24 6 34 $ 4, 350.00
R. In- Place Drainage Tabulation 4 4 8 $ 912.00
S. Proposed Drainage Tabulation 6 4 10 $ 1, 178.00
T. Temporary Erosion/ Sediment Control Plans 6 4 2 12 $ 1, 408. 00
U. Turf Establishment and Permanent Erosion Plans 6 4 2 12 $ 1, 408. 00
V. Lighting Design 6 4 10 $ 1, 218. 00
W. Signing and Striping Plan 6 4 10 51218.00
X. Detailed Cross- Sections 24 24 $ 3, 192. 00
8. 2) Plan Submittals 2 12 6 20 52,506. 00

8. 3( Cost Estimates 1 16 17 52,298. 00,
Develop
8. 4) Specifications 2 24 4 30 $ 4, 132. 03'
9 DRAINAGE DESIGN
9. 1) Catch Basin 1 4 12 1 18 $ 2, 420. 00
Spacing
9. 2) Storm Sewer Design1 6 32 39 55, 308.00
9. 3) Water Quality/ Pond Design1 2 12 15 $ 2,060. 00

9. 4) Hydraulic Report Preparation 2 6 8 $ 1, 092. 00
10 PERMITS
10. 1) Permit Application( NPDES) 4 6 10 51, 386. 00
10. 2) Wetland Evaluation 6 6 $ 798. 00
10. 3) MCES Sanitary Sewer Permit 2 2 4 $ 560. 00
10.4) MPCA and Dept of Health 2 _ 2 4 $ 560. 00
11 PROJECT BIDDING 6 8 4 I I I ( 10 28 $ 3, 388. 00
Total Hours 82 168 401 146 I 1121 18 31 959 $ 128, 078
Average Hourly Billing Rates 170. 00 147. 00 133. 00 105. 00 95. 00 147. 00 172.00 66. 00
Detailed Design Labor Costs 13, 940 $ 24, 696' $ 53, 333' $ 15, 330 $ 10, 640 $ 147 $ 3, 096 $ 2, 046 128, 078
Direct Expenses
lMscellaneous Expenses includes perm rt fees. MPCA Sewer Extension, Deptarment of Health, Scott County and NPDES 1750
Subtotal Expenses 51, 750
Subtotal Labor and Expenses I I $ 129,828 I
Key Personnel by Cateoorv:

Project Manager- Don Sterna
Project Engineer- Marcus Vanderbrug

Design Engineer/Senior Techs- Ted Witkowski, Chuck Kochmann
Page 193 of 320

701 Xenia Avenue South | Suite 300 | Minneapolis, MN 55416 | (763) 541-4800
October 11, 2017
Mr. Steve Lillehaug

Public Works Director / City Engineer
City of Shakopee
485 Gorman Street
Shakopee, MN 55379
Re: Contract Amendment Request Addition of Landscape Design Services for Vierling Drive
Mr. Lillehaug:
We understand the City desires to add landscape design services to our current contract for the Vierling
Drive project. The project is located along the Vierling Drive West from Boulder Pointe to Old Brick Yard
Road. This includes a new roundabout intersection, connections and stub between Shakopee Town
Square Mall and a future development site to the south, and the perimeter of the pond area near the
Taylor Street intersection.
According to our Agreement for Professional Services within the City of Shakopee and Section I-C-2
(Major Projects), this extension agreement is written to provide you with an estimate of cost for
engineering services for the above-referenced project. We are proposing to complete the survey services
as detailed below.
SCOPE OF SERVICES:
Landscape Design Services:

30% Plans / Preliminary design
Design review meeting
60% Plans
Development of three visualizations (one plan view of the project, one elevation view of the
roundabout, and one elevation view of the entrance area)
95% Design - Final Preparation of landscape construction plans, quantities/cost estimate,
and specifications
100% final design bid documents
Bidding Services:
Answer and respond to questions during the bid period
Addenda will be issued if required
We understand that the work will be bid as part of the overall roadway improvement project,
which will not require a separate bidding process for the landscape improvements
Construction administration:
Attend pre-construction meeting
Attend four site visits with the owner and contractor throughout the landscaping
implementation
Attend one substantial completion walkthrough meeting with owner and contractor
One final review to verify contractor completion of punchlist items

Equal Opportunity Employer | wsbeng.com
G:\00-MUNICIPAL\Clients - Cities - Counties\Shakopee\Proposals\Vierling Road Landscaping\LTR S_Lillehaug -

Page 194 of 320 Vierling Road Landscape Design Contract Amendment.docx
Mr. Steve Lillehaug
October 5, 2017
Page 2
PROJECT MANAGEMENT:
Carlo Missio will manage this project with other WSB staff as support. The City reserves the right to
review/reject alternate project manager if workload requires an alternate staff member to take over
project management duties.
PROPOSED FEE:
WSB will provide the services as outlined in the Scope of Services above for an hourly not to exceed
fee of $18,696.00.
The proposed scope and fee presented herein represents our complete understanding of the project
based on available information. If you have any questions or need additional information, please contact
me at (763) 231-4841. Thank you again.
Sincerely,
Jason L. Amberg, RLA

Principal / Landscape Architecture Group Manager
City of Shakopee
City Administrator
City Clerk
Mayor
Date
G:\00MUNICIPAL\ClientsCitiesCounties\Shakopee\Proposals\VierlingRoadLandscaping\LTRS_LillehaugVierlingRoad
Page 195 of 320 LandscapeDesignContractAmendment.docx
701 Xenia Avenue South | Suite 300 | Minneapolis, MN 55416 | (763) 541-4800
October 11, 2017
Mr. Steve Lillehaug, P.E.

Public Works Director/City Engineer
City of Shakopee
485 Gorman Street
Shakopee, MN 55379-1376
RE: Proposal for Surveying Services, Preliminary and Final Plat

Vierling Drive Improvements
City Project No. 2017-10
Dear Mr. Lillehaug,
On behalf of WSB & Associates, Inc., Im very pleased to respond to your request for proposal for
surveying services. It is our understanding that you are looking for a preliminary and final plat of the area
of City owned property at the intersection of Highway 169 and CSAH 69.
According to our Agreement for Professional Services within the City of Shakopee and Section I-C-2
(Major Projects), this extension agreement is written to provide you with an estimate of cost for
engineering services for the above-referenced project. We are proposing to complete the survey services
as detailed below.
TASK 1 Preliminary Plat

Convert the existing ALTA into a Preliminary Plat
Incorporate proposed design into Preliminary Plat
City review, finalize parcels and right-of-way line
Review title commitment
Create drawing and finalize legal descriptions
Make final revisions per City comments
TASK 2 Final Plat

Clean up the Preliminary Plat to make Final Plat
Create drawing suitable for City and County review
Submit Plat and Title Commitment to County for review
Make any necessary County revisions
Make Mylars of Final Plat
WSB will prepare this survey on an hourly basis in accordance with our fee schedule for a not-to-exceed
fee of:
Task 1 $4,325.00
Task 2 $4,185.00
Additional Outlot Commitment $600.00
Plat Checking Fees $350.00
Mylar Fee $400.00
TOTAL COST $9,860.00

Equal Opportunity Employer | wsbeng.com
Page 196 of 320 K:\010413-000\Admin\Docs\10413_s lillehaug_surveyservices_20171011.docx
We are looking forward to working with you on this project. If you have any questions regarding this
proposal please contact me at 763-287-7159.
Sincerely,

PeteHelder DonaldW.Sterna,P.E.
SurveyGroupCoordinator VicePresident
City of Shakopee
City Administrator
City Clerk
Mayor
Date
Page 197 of 320 K:\010413-000\Admin\Docs\10413_s lillehaug_surveyservices_20171011.docx

*5.C.5.

October 17, 2017

Subject:
Cooperative Construction Agreement No. 1028887 and a Limited Use Permit with the
Minnesota Department of Transportation (MnDOT) for CH 15 Improvements at TH 169.
Approve Resolution 7946, authorizing the execution of Cooperative Construction Agreement
No. 1028887 and a Limited Use Permit with MnDOT for CH 15 Improvements at TH 169 as
part of the Windermere Development.
Recommendation:
Approve Resolution 7946.
Discussion:
The City of Shakopee has ordered the preparation of plans and specifications for roadway
corridor improvements along CH 15 (Adams Street South/Marystown Road) at Highway 169
as part of the Windermere Development. Certain improvements including turn lane and
intersection improvements, utility improvements, and a portion of the new trail fall within
MnDOT right-of-way. These new improvements are to be constructed and funded under the
terms of the Windermere development agreement, which does not include funding from
MnDOT. However, since a portion of the improvements fall within MnDOT right-of-way, the
State requires a Construction Cooperative Agreement and a Limited Use Permit be executed
to define the terms of the construction, maintenance, operation, use and other terms of the
improvements.
Budget Impact:
No budget impacts.
ATTACHMENTS:
Resolution 7946
Agreement 1028887
Page 198 of 320

Limited Use Permit
Page 199 of 320

RESOLUTION 7946
Entering into a Cooperative Construction Agreement No. 1028887 and

a Limited Use Permit Between the City of Shakopee and
the State of Minnesota Department of Transportation
WHEREAS, the City of Shakopee is a political subdivision, organized and existing under
the laws of the State of Minnesota; and
WHEREAS, the City of Shakopee has approved a plan to construct roadway turn lane and
utility improvements within the right-of-way of Trunk Highway 169 along County Highway 15
(Adams Street South/Marystown Road) as part of the Windermere development project; and
WHEREAS, the City of Shakopee has approved a plan to construct a pedestrian trail within
the right-of-way of Trunk Highway 169 to improve safety and usability by pedestrians; and
WHEREAS, the City requests the State allow the construction of said improvements within
State right-of-way; and
WHEREAS, the State requires a Limited Use Permit for the construction and utilization
of said pedestrian trail; and
WHEREAS, the State requires the terms of said improvements be defined in a Cooperative
Construction Agreement.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY

OF SHAKOPEE, MINNESOTA, that the Mayor and City Administrator are hereby authorized to:
1. Execute and enter into Cooperative Construction Agreement No. 1028887 and any
amendments to the Agreement with the State of Minnesota, Department of Transportation.
2. Execute and enter into a Limited Use Permit and any amendments to the Permit with the
State of Minnesota, Department of Transportation to construct, operate and maintain a
pedestrian trail within the right- of way of Trunk Highway 169 (TH 169 = 005) of the State
of Minnesota along CSAH 15.
Adopted in regular session of the City Council of the City of Shakopee, Minnesota, held this
th
17 day of October, 2017.
________________________________
ATTEST:
_______________________
City Clerk
Page 200 of 320

MnDOT Contract No: 1028887
STATE OF MINNESOTA
DEPARTMENT OF TRANSPORTATION
And
CITY OF SHAKOPEE
COOPERATIVE CONSTRUCTION
AGREEMENT
State Project Number (S.P.): 7005-125
Trunk Highway Number (T.H.): 169=005
State Aid Number (S.A.P.): 166-100-002
This Agreement is between the State of Minnesota, acting through its Commissioner of Transportation ("State") and
City of Shakopee acting through its City Council ("City").
Recitals
1. The City will perform grading, bituminous paving, utility, signing, ADA improvement construction, and other
associated construction upon, along and adjacent to Trunk Highway No. 169 at County State Aid Highway
No. (C.S.A.H.) 15 according to City-prepared plans, specifications and special provisions designated by the
City as State Aid Project No. 166-100-002 and by the State as State Project No. 7005-125 (T.H. 169=005)
("Project"); and
2. The City requests the State allow the construction of drainage structures and erosion control and the State is
willing to allow said construction; and
3. The City agrees to provide for maintenance of the drainage structures and erosion control; and
4. Minnesota Statutes 161.20, subdivision 2 authorizes the Commissioner of Transportation to make
arrangements with and cooperate with any governmental authority for the purposes of constructing,
maintaining and improving the trunk highway system.
Agreement
1. Term of Agreement; Survival of Terms; Plans; Incorporation of Exhibits
1.1. Effective Date. This Agreement will be effective on the date the State obtains all signatures required by
Minnesota Statutes 16C.05, subdivision 2.
1.2. Expiration Date. This Agreement will expire when all obligations have been satisfactorily fulfilled.
1.3. Survival of Terms. All clauses which impose obligations continuing in their nature and which must survive
in order to give effect to their meaning will survive the expiration or termination of this Agreement,
including, without limitation, the following clauses: 2.4. State Ownership of Improvements; 5. Maintenance
by the City; 8. Liability; Worker Compensation Claims; Insurance; 10. State Audits; 11. Government Data
Practices; 12. Governing Law; Jurisdiction; Venue; and 14. Force Majeure.
1.4. Plans, Specifications, Special Provisions. State-approved City plans, specifications and special provisions
designated by the City as State Aid Project No. 166-100-002 and by the State as State Project No. 7005-125
(T.H. 169=005) are on file in the office of the City's Engineer and incorporated into this Agreement by
reference ("Project Plans").
2. Right-of-Way Use
2.1. Limited Right to Occupy. The State grants to the City (and its contractors and consultants) the right to
occupy Trunk Highway Right-of-Way as necessary to perform the work described in the Project Plans. This
right is limited to the purpose of constructing the project, and administering such construction, and may be
revoked by the State at any time, with or without cause. Cause for revoking this right of occupancy includes,
-1-
Construction within State R/W & Maintenance (Municipal Agreements 3-2016)
Page 201 of 320

but is not limited to, breaching the terms of this or any other agreement (relevant to this project) with the
State, failing to provide adequate traffic control or other safety measures, failing to perform the construction
properly and in a timely manner, and failing to observe applicable environmental laws or terms of applicable
permits. The State will have no liability to the City (or its contractors or consultants) for revoking this right
of occupancy.
2.2. State Access; Suspension of Work; Remedial Measures. The State's District Engineer or assigned
representative retains the right to enter and inspect the Trunk Highway Right-of-Way (including the
construction being performed on such right-of-way) at any time and without notice to the City or its
contractor. If the State determines (in its sole discretion) that the construction is not being performed in a
proper or timely manner, or that environmental laws (or the terms of permits) are not being complied with,
or that traffic control or other necessary safety measures are not being properly implemented, then the State
may direct the City (and its contractor) to take such remedial measures as the State deems necessary. The
State may require the City (and its contractors and consultants) to suspend their operations until suitable
remedial action plans are approved and implemented. The State will have no liability to the City (or its
contractors or consultants) for exercising its rights under this provision.
2.3. Traffic Control; Worker Safety. While the City (and its contractors and consultants) are occupying the State
Right-of-Way, they must comply with the approved traffic control plan, and with applicable provisions of
the Work Zone Field Handbook (http://www.dot.state.mn.us/trafficeng/workzone/index.html). All City,
contractor, and consultant personnel occupying the State's Right-of-Way must be provided with required
reflective clothing and hats.
2.4. State Ownership of Improvements. The State will retain ownership of its Trunk Highway Right-of-Way,
including any improvements made to such right-of-way under this Agreement, unless otherwise noted. The
warranties and guarantees made by the City's contractor with respect to such improvements (if any) will
flow to the State. The City will assist the State, as necessary, to enforce such warranties and guarantees, and
to obtain recovery from the City's consultants, and contractor (including its sureties) for non-performance of
contract work, for design errors and omissions, and for defects in materials and workmanship. Upon request
of the State, the City will undertake such actions as are reasonably necessary to transfer or assign contract
rights to the State and to permit subrogation by the State with respect to claims against the City's consultants
and contractors.
3. Contract Award and Construction
3.1. Contract Terms. The City's contract with its construction contractor(s) must include the following terms:
A. A clause making the State of Minnesota, acting through its Commissioner of Transportation, an intended
third-party beneficiary of the contract with respect to the portion of work performed on the State's
Right-Of-Way; and
B. A clause requiring the State to be named as an additional insured on any insurance coverage which the
contractor is required to provide; and
C. A clause stating that any warranties provided by the contractor, for the work performed on the trunk
highway, will flow to, and be enforceable by, the State as the owner of such improvements.
3.2. Direction, Supervision and Inspection of Construction.
A. The contract construction will be under the direction of the City and under the supervision of a registered
professional engineer; however, the State participation construction covered under this Agreement will
be open to inspection by the State District Engineer's authorized representatives. The City will give the
State Aid Agreements Engineer at Roseville five days notice of its intention to start the contract
construction.
-2-
Page 202 of 320

B. Responsibility for the control of materials for the contract construction will be on the City and its
contractor and will be carried out according to Specifications No. 1601 through and including No. 1609
in the State's current "Standard Specifications for Construction".
3.3. Completion of Construction. The City will cause the contract construction to be started and completed
according to the time schedule in the construction contract special provisions. The completion date for the
contract construction may be extended, by an exchange of letters between the appropriate City official and
the State District Engineer's authorized representative, for unavoidable delays encountered in the
performance of the contract construction.
3.4. Compliance with Laws, Ordinances, Regulations. The City will comply and cause its contractor to comply
with all Federal, State and Local laws, and all applicable ordinances and regulations. With respect only to
that portion of work performed on the State's Trunk Highway Right-of-Way, the City will not require the
contractor to follow local ordinances or to obtain local permits.
4. Right-of-Way; Easements; Permits
4.1. The City will, without cost or expense to the State, obtain all rights-of-way, easements, construction permits
and any other permits and sanctions that may be required in connection with the local and trunk highway
portions of the contract construction. Before payment by the State, the City will furnish the State with
certified copies of the documents for rights-of-way and easements, construction permits and other permits
and sanctions required for State participation construction covered under this Agreement.
4.2. The City will convey to the State by quit claim deed, all newly acquired rights needed for the continuing
operation and maintenance of the Trunk Highway, if any, upon completion of the Project, at no cost or
expense to the State.
4.3. The City will comply with Minnesota Statutes 216D.04, subdivision 1(a), for identification, notification,
design meetings and depiction of utilities affected by the contract construction.
4.4. The City will submit to the State's Utility Engineer an original permit application for all utilities owned by
the City of Shakopee to be constructed upon and within the Trunk Highway Right-of-Way. Applications for
permits will be made on State form "Application for Utility Permit on Trunk Highway Right-Of-Way"
(Form 2525).
4.5. Drainage Permit No. 76629. The City has obtained Drainage Permit No. 76629 to cover the City's liability
responsibilities of the drainage pipe, drainage pipe outlet, and erosion control to be constructed upon the
State Right-of-Way.
5. Maintenance by the City
Upon completion of the project, the City will provide the following without cost or expense to the State:
5.1. Roadways. Maintenance of County State Aid Highway No. 15 (Marystown Road) and Windermere Way.
Maintenance includes, but is not limited to, snow, ice and debris removal, resurfacing and seal coating and
any other maintenance activities according to accepted City maintenance practices.
5.2. Storm Sewers. The City is responsible for all maintenance of the drainage pipe, drainage pipe outlet, and
erosion control installed under Drainage Permit No. 76629.
5.3. Municipal Utilities. Maintenance of any municipal-owned utilities construction, without cost or expense to
the State.
5.4. Trail. Maintenance of any trail construction. Maintenance includes, but is not limited to, snow and ice
control/removal, sweeping and debris removal, patching, crack repair, pavement replacement, vegetation
control, signing, pavement markings, and any other maintenance activities necessary to perpetuate the
bikeways and shared use paths in a safe and usable condition.
-3-
Page 203 of 320

5.5. Additional Drainage. Neither party to this Agreement will drain any additional drainage volume into the
storm sewer facilities constructed under the construction contract that was not included in the drainage for
which the storm sewer facilities were designed, without first obtaining written permission to do so from the
other party. The drainage areas served by the storm sewer facilities constructed under the construction
contract are shown in a drainage area map, Exhibit "Drainage Area", which is on file in the office of the
State's District Hydraulics Unit at Roseville and is incorporated into this Agreement by reference.
6. Authorized Representatives
Each party's Authorized Representative is responsible for administering this Agreement and is authorized to give
and receive any notice or demand required or permitted by this Agreement.
6.1. The State's Authorized Representative for Agreement purposes will be:
Name/Title: Maryanne Kelly-Sonnek, Cooperative Agreements Engineer (or successor)
Address: 395 John Ireland Boulevard, St. Paul, MN 55155
Telephone: (651) 366-4634
E-Mail: maryanne.kellysonnek@state.mn.us
6.2. The State's Authorized Representative for Maintenance purposes will be:
Name/Title: Chris Kufner, Metro Maintenance Engineer (or successor)
Address: 1500 West County Road B2, Roseville, MN 55113
Telephone: (651) 234-7901
E-Mail: chris.kufner@state.mn.us
6.3. The City's Authorized Representative will be:

Name/Title: Steve Lillehaug, City Engineer (or successor)
Address: 485 Gorman Street, Shakopee, MN 55379
Telephone: (952) 233-9361
E-Mail: slillehaug@shakopeemn.gov
7. Assignment; Amendments; Waiver; Contract Complete

7.1. Assignment. Neither party may assign or transfer any rights or obligations under this Agreement without the
prior consent of the other party and a written assignment agreement, executed and approved by the same
parties who executed and approved this Agreement, or their successors in office.
7.2. Amendments. Any amendment to this Agreement must be in writing and will not be effective until it has
been executed and approved by the same parties who executed and approved the original Agreement, or
their successors in office.
7.3. Waiver. If a party fails to enforce any provision of this Agreement, that failure does not waive the provision
or the partys right to subsequently enforce it.
7.4. Contract Complete. This Agreement contains all prior negotiations and agreements between the State and
the City. No other understanding regarding this Agreement, whether written or oral, may be used to bind
either party.
8. Liability; Worker Compensation Claims; Insurance
8.1. Each party is responsible for its own acts, omissions and the results thereof to the extent authorized by law
and will not be responsible for the acts and omissions of others and the results thereof. Minnesota Statutes
3.736 and other applicable law govern liability of the State. Minnesota Statutes Chapter 466 and other
applicable law govern liability of the City. Notwithstanding the foregoing, the City will indemnify, hold
harmless, and defend (to the extent permitted by the Minnesota Attorney General) the State against any
-4-
Page 204 of 320

claims, causes of actions, damages, costs (including reasonable attorneys fees), and expenses arising in
connection with the project covered by this Agreement, regardless of whether such claims are asserted by
the City's contractor(s) or consultant(s) or by a third party because of an act or omission by the City or its
contractor(s) or consultant(s).
8.2. Each party is responsible for its own employees for any claims arising under the Workers Compensation
Act.
8.3. The City may require its contractor to carry insurance to cover claims for damages asserted against the
City's contractor.
9. Nondiscrimination
Provisions of Minnesota Statutes 181.59 and of any applicable law relating to civil rights and discrimination are
considered part of this Agreement.
10. State Audits
Under Minnesota Statutes 16C.05, subdivision 5, the City's books, records, documents, and accounting
procedures and practices relevant to this Agreement are subject to examination by the State and the State Auditor
or Legislative Auditor, as appropriate, for a minimum of six years from the end of this Agreement.
11. Government Data Practices
The City and State must comply with the Minnesota Government Data Practices Act, Minnesota Statutes Chapter
13, as it applies to all data provided under this Agreement, and as it applies to all data created, collected, received,
stored, used, maintained, or disseminated by the City under this Agreement. The civil remedies of Minnesota
Statutes 13.08 apply to the release of the data referred to in this clause by either the City or the State.
12. Governing Law; Jurisdiction; Venue
Minnesota law governs the validity, interpretation and enforcement of this Agreement. Venue for all legal
proceedings arising out of this Agreement, or its breach, must be in the appropriate state or federal court with
competent jurisdiction in Ramsey County, Minnesota.
13. Termination; Suspension
13.1. By Mutual Agreement. This Agreement may be terminated by mutual agreement of the parties or by the
State for insufficient funding as described below.
13.2. Termination for Insufficient Funding. The State may immediately terminate this Agreement if it does not
obtain funding from the Minnesota Legislature, or other funding source; or if funding cannot be continued at
a level sufficient to allow for the payment or the provision of the services covered here. Termination must
be by written or fax notice to the City. The State will not be assessed any penalty if this Agreement is
terminated because of the decision of the Minnesota Legislature, or other funding source, not to appropriate
funds.
13.3. Suspension. In the event of a total or partial government shutdown, the State may suspend this Agreement
and all work, activities, performance and payments authorized through this Agreement.
14. Force Majeure
Neither party will be responsible to the other for a failure to perform under this Agreement (or a delay in
performance), if such failure or delay is due to a force majeure event. A force majeure event is an event beyond a
party's reasonable control, including but not limited to, unusually severe weather, fire, floods, other acts of God,
labor disputes, acts of war or terrorism, or public health emergencies.
[The remainder of this page has been intentionally left blank]
-5-
Page 205 of 320

CITY OF SHAKOPEE DEPARTMENT OF TRANSPORTATION
The undersigned certify that they have lawfully

Recommended for Approval:
executed this contract on behalf of the Governmental
Unit as required by applicable charter provisions,
resolutions or ordinances. By:
(District Engineer)
By: Date:
Title: Approved:
Date: By:
(State Design Engineer)
By: Date:
Title:
Date: COMMISSIONER OF ADMINISTRATION
By:
(With Delegated Authority)
Date:
INCLUDE COPY OF RESOLUTION APPROVING THE AGREEMENT AND AUTHORIZING ITS

EXECUTION.
MK-S
-6-
Page 206 of 320

STATE OF MINNESOTA
DEPARTMENT OF TRANSPORTATION
LIMITED USE PERMIT
C.S. 7005 (T.H. 169)

City of Shakopee
LUP # 7005-0019
Permittee: City of Shakopee
Terminates: 9/01/2027
In accordance with Minnesota Statutes Section 161.434, the State of Minnesota, through its
Commissioner of Transportation, (MnDOT), hereby grants a Limited Use Permit (the LUP) to City
of Shakopee, (Permittee), to use the area within the right of way of Trunk Highway No. 169 as
shown in pink and red on Exhibit "A", (the Area) attached hereto and incorporated herein by
reference. This Limited Use Permit is executed by the Permittee pursuant to resolution, a certified
copy of which is attached hereto as Exhibit B.
Non-Motorized Recreational Trail
The Permittee's use of the Area is limited to only the constructing, maintaining and operating a
nonmotorized recreational trail ("Facility") and the use thereof may be further limited by 23 C.F.R. 652
also published as the Federal-Aid Policy Guide.
In addition, the following special provisions shall apply:
SPECIAL PROVISIONS
1. TERM. This LUP terminates at 11:59PM on 9/01/2027 (Expiration Date) subject to the right of
cancellation by MnDOT, with or without cause, by giving the Permittee ninety (90) days written
notice of such cancellation. This LUP will not be renewed except as provided below. Provided
this LUP has not expired or terminated, MnDOT may renew this LUP for a period of up to ten
(10) years, provided Permittee delivers to MnDOT, not later than ninety (90) days prior to the
Expiration Date, a written request to extend the term. Any extension of the LUP term will be
under the same terms and conditions in this LUP, provided:
(a) At the time of renewal, MnDOT will review the Facility and Area to ensure the Facility and
Area are compatible with the safe and efficient operation of the highway and the Facility
and Area are in good condition and repair. If, in MnDOTs sole determination,
modifications and repairs to the Facility and Area are needed, Permittee will perform such
work as outlined in writing in an amendment of this LUP; and
LUP Standardized LUP Form Page 1 of 6 LU1001 10/11/2017
Page 207 of 320

(b) Permittee will provide to MnDOT a certified copy of the resolution from the applicable
governmental body authorizing the Permittees use of the Facility and Area for the
additional term.
If Permittees written request to extend the term is not timely given, the LUP will expire on the
Expiration Date.
Permittee hereby voluntarily releases and waives any and all claims and causes of action for
damages, costs, expenses, losses, fees and compensation arising from or related to any
cancellation or termination of this LUP by MnDOT. Permittee agrees that it will not make or
assert any claims for damages, costs, expenses, losses, fees and compensation based upon
the existence, cancellation or termination of the LUP. Permittee agrees not to sue or institute
any legal action against MnDOT based upon any of the claims released in this paragraph.
2. REMOVAL. Upon the Expiration Date or earlier termination, at the Permittees sole cost and
expense Permittee will:
(a) Remove the Facility and restore the Area to a condition satisfactory to the MnDOT District
Engineer; and
(b) Surrender possession of the Area to MnDOT.
If, without MnDOTs written consent, Permittee continues to occupy the Area after the Expiration
Date or earlier termination, Permittee will remain subject to all conditions, provisions, and
obligations of this LUP, and further, Permittee will pay all costs and expenses, including
attorneys fees, in any action brought by MnDOT to remove the Facility and the Permittee from
the Area.
3. CONSTRUCTION. The construction, maintenance, and supervision of the Facility shall be at no

cost or expense to MnDOT.
Before construction of any kind, the plans for such construction shall be approved in writing by
the MnDOT's District Engineer. Approval in writing from MnDOT District Engineer shall be
required for any changes from the approved plan.
The Permittee will construct the Facility at the location shown in the attached Exhibit "A", and in
accordance with MnDOT-approved plans and specifications. Further, Permittee will construct
the Facility using construction procedures compatible with the safe and efficient operation of the
highway.
Upon completion of the construction of the Facility, the Permittee shall restore all disturbed
slopes and ditches in such manner that drainage, erosion control and aesthetics are
perpetuated.
Page 208 of 320

The Permittee shall preserve and protect all utilities located on the lands covered by this LUP at
no expense to MnDOT and it shall be the responsibility of the Permittee to call the Gopher State
One Call System at 1-800-252-1166 at least 48 hours prior to performing any excavation.
Any crossings of the Facility over the trunk highway shall be perpendicular to the centerline of
the highway and shall provide and ensure reasonable and adequate stopping sight distance.
4. MAINTENANCE. Any and all maintenance of the Facility shall be provided by the Permittee at
its sole cost and expense, including, but not limited to, plowing and removal of snow and
installation and removal of regulatory signs. No signs shall be placed on any MnDOT or other
governmental agency sign post within the Area. MnDOT will not mark obstacles for users on
trunk highway right of way.
5. USE. Other than as identified and approved by MnDOT, no permanent structures or no

advertising devices in any manner, form or size shall be allowed on the Area. No commercial
activities shall be allowed to operate upon the Area.
Any use permitted by this LUP shall remain subordinate to the right of MnDOT to use the
property for highway and transportation purposes. This LUP does not grant any interest
whatsoever in land, nor does it establish a permanent park, recreation area or wildlife or
waterfowl refuge Facility that would become subject to Section 4 (f) of the Federal-Aid Highway
Act of 1968, nor does this permit establish a Bikeway or Pedestrian way which would require
replacement pursuant to Minnesota Statutes Section 160.264. No rights to relocation benefits
are established by this LUP.
This LUP is non-exclusive and is granted subject to the rights of others, including, but not limited
to public utilities which may occupy the Area.
6. APPLICABLE LAWS. This LUP does not release the Permittee from any liability or obligation
imposed by federal law, Minnesota Statutes, local ordinances, or other agency regulations
relating thereto and any necessary permits relating thereto shall be applied for and obtained by
the Permittee.
Permittee at its sole cost and expense, agrees to comply with, and provide and maintain the
Area, Facilities in compliance with all applicable laws, rules, ordinances and regulations issued
by any federal, state or local political subdivision having jurisdiction and authority in connection
with said Area including the Americans with Disabilities Act (ADA). If the Area and Facilities
are not in compliance with the ADA or other applicable laws MnDOT may enter the Area and
perform such obligation without liability to Permittee for any loss or damage to Permittee thereby
incurred, and Permittee shall reimburse MnDOT for the cost thereof, plus 10% of such cost for
overhead and supervision within 30 days of receipt of MnDOTs invoice.
7. CIVIL RIGHTS The Permittee for itself, successors in interest, and assigns, as a part of the
consideration hereof, does hereby covenant and agree that in the event improvements are
Page 209 of 320

constructed, maintained, or otherwise operated on the Property described in this Limited Use
Permit for a purpose for which a MnDOT activity, facility, or program is extended or for another
purpose involving the provision of similar services or benefits, the Permittee will maintain and
operate such improvements and services in compliance with all requirements imposed by the
Acts and Regulations relative to nondiscrimination in federally-assisted programs of the United
States Department of Transportation, Federal Highway Administration, (as may be amended)
such that no person on the grounds of race, color, national origin, sex, age, disability, income-
level, or limited English proficiency will be excluded from participation in, denied the benefits of,
or be otherwise subjected to discrimination in the use of said improvements.
8. SAFETY. MnDOT shall retain the right to limit and/or restrict any activity, including the parking
of vehicles and assemblage of Facility users, on the highway right of way over which this LUP is
granted, so as to maintain the safety of both the motoring public and Facility users.
9. ASSIGNMENT. No assignment of this LUP is allowed.
10. IN WRITING. Except for those which are set forth in this LUP, no representations, warranties,
or agreements have been made by MnDOT or Permittee to one another with respect to this
LUP.
11. ENVIRONMENTAL. The Permittee shall not dispose of any materials regulated by any
governmental or regulatory agency onto the ground, or into any body of water, or into any
container on the States right of way. In the event of spillage of regulated materials, the
Permittee shall notify in writing MnDOTs District Engineer and shall provide for cleanup of the
spilled material and of materials contaminated by the spillage in accordance with all applicable
federal, state and local laws and regulations, at the sole expense of the Permittee.
12. MECHANICS LIENS. The Permittee (for itself, its contractors, subcontractors, its materialmen,
and all other persons acting for, through or under it or any of them), covenants that no laborers',
mechanics', or materialmens' liens or other liens or claims of any kind whatsoever shall be filed
or maintained by it or by any subcontractor, materialmen or other person or persons acting for,
through or under it or any of them against the work and/or against said lands, for or on account
of any work done or materials furnished by it or any of them under any agreement or any
amendment or supplement thereto.
13. NOTICES. All notices which may be given, by either party to the other, will be deemed to have
been fully given when served personally on MnDOT or Permittee or when made in writing
addressed as follows: to Permittee at: and to MnDOT at:
Public Works Department - Engineering State of Minnesota

City of Shakopee Department of Transportation
485 Gorman Street Metro District Right of Way
Shakopee, MN 55379 1500 W. County Road B2
Roseville, MN 55113
Page 210 of 320

The address to which notices are mailed may be changed by written notice given by either
party to the other.
14. INDEMNITY. Permittee shall defend, indemnify, hold harmless and release the State of
Minnesota, its Commissioner of Transportation and employees and its successors and assigns,
from and against:
(a) all claims, demands, and causes of action for injury to or death of persons or loss of or
damage to property (including Permittee's property) occurring on the Facility or connected with
Permittee's use and occupancy of the Area, regardless of whether such injury, death, loss or
damage is caused in part by the negligence of State of Minnesota or is deemed to be the
responsibility of State of Minnesota because of its failure to supervise, inspect or control the
operations of Permittee or otherwise discover or prevent actions or operations of Permittee
giving rise to liability to any person.
(b) claims arising or resulting from the temporary or permanent termination of Facility user
rights on any portion of highway right of way over which this LUP is granted;
(c) claims resulting from temporary or permanent changes in drainage patterns resulting in
flood damages;
(d) any laborers', mechanics', or materialmens' liens or other liens or claims of any kind
whatsoever filed or maintained for or on account of any work done or materials furnished; and
(e) any damages, testing costs and clean-up costs arising from spillage of regulated
materials attributable to the construction, maintenance or operation of the Facility.
Page 211 of 320

MINNESOTA DEPARTMENT OF CITY OF SHAKOPEE
TRANSPORTATION
By_______________________________
RECOMMENDED FOR APPROVAL Its Mayor
And_____________________________
By:_____________________________ Its City Administrator
District Engineer
Date____________________________
APPROVED BY:
COMMISSIONER OF TRANSPORTATION
By:_______________________________
Acting Director, Office of Land Management
Date______________________________
The Commissioner of Transportation

by the execution of this permit
certifies that this permit is
necessary in the public interest
and that the use intended is for
public purposes.
Page 212 of 320

Page 213 of 320
Page 214 of 320
*5.C.6.

October 17, 2017

Subject:
Adopt Resolutions 7937 and 7938, supporting grant applications to the Minnesota
Department of Transportation's Local Road Improvement Program (LRIP).
Adopt Resolutions 7937 and 7938, supporting the City of Shakopee's applications to the
Minnesota Department of Transportation's Local Road Improvement Program.
Recommendation:
Approve Resolutions 7937 and 7938.
Discussion:
Adams Street and Marystown Road (CSAH 15) serve as the primary connection between
rural Scott County and the more urbanized City of Shakopee. The roadway has an
interchange with TH 169. The city would like to upgrade the existing ramp terminals on
Marystown road to roundabout intersections (see attached exhibit). The intersections are
currently side street (ramp terminal) stop controlled. Historically, this has resulted in a few
severe crashes, including a fatality.
Vierling Drive is a city street that parallels TH 169 and serves a significant amount of local
development and regional destinations. The city is upgrading Vierling Drive between CSAH
69 and Taylor Street to make it more consistent with the rest of the corridor and to bring the
roadway up to current roadway and utility standards (see attached exhibit). The project will
include upgrading the roadway to a 9-ton standard and construction of a roundabout to serve
redevelopment that is occurring in the project area. This project is scheduled to begin spring
2018.
To aid in the financing of these projects, the City of Shakopee is applying for the 2017 LRIP
grant offered by the Minnesota Department of Transportation.
Page 215 of 320

Budget Impact:
The CSAH 15 Interchange project is being funded through the 2020 Capital Improvement
Fund.
The Vierling Drive project is being funded by the 2018 Capital Improvement Fund. The
current estimate for this project is $1,500,000.
The city is applying for LRIP funds from the Minnesota Department of Transportation to
cover some of the costs associated with these two projects.
ATTACHMENTS:
Resolution 7937 and 7938

CH 15 Exhibit
Vierling Drive exhibit
Page 216 of 320

RESOLUTION NO. 7937
A RESOLUTION IN SUPPORT OF AN APPLICATION FOR THE 2017 LOCAL ROAD

IMPROVEMENT PROGRAM (LRIP) GRANT
ADAMS STREET/MARYSTOWN ROAD (CSAH 15) AND TH 169 ROUNDABOUT
WHEREAS, the City of Shakopee is applying to the Commissioner of Transportation for a grant
from the Minnesota State Transportation Fund for Local Road Improvement; and
WHEREAS, the Commissioner of Transportation has given notice that funding for this project is
available and the LRIP has been established through Statute 174.52 to provide funding assistance to
local agencies; and
WHEREAS, Adams Street/Marystown Road serve a connection between rural Scott County and
the more urbanized City of Shakopee and has an interchange with US Highway 169 that is currently
side street (ramp terminal) stop controlled; and
WHEREAS, severe crashes, including a fatality, have occurred at the interchange ramp
intersections with Adams Street/Marystown Road; and
WHEREAS, the City of Shakopee is seeking to construct roundabouts at the Adams

Street/Marystown Road intersections with the interchange ramps to improve safety and provide an
efficient connection to US Highway 169; and
WHEREAS, the Local Road Improvement Program (LRIP) administered by the Minnesota
Department of Transportation makes available up to $1,000,000 to provide funding assistance to
local agencies towards local road projects that are regionally significant, result in safety
improvements, and address transportation deficiencies
WHEREAS, the Adams Street/Marystown Road (CSAH 15) and TH 169 roundabout project needs
additional funding to be implemented.

SHAKOPEE, MINNESOTA hereby supports the application of the LRIP Grant for the Adams
Street/Marystown Road (CSAH 15) and TH 169 roundabout project, agrees to the terms and
conditions of the grant consistent with Minnesota Statutes, section 174.50, subdivision 5, clause (3)
and will pay any additional amount by which the cost exceeds the estimate, and will return to the
Minnesota State Transportation Fund any amount appropriated for the roundabout project but not
required.
Adopted in adjourned regular session of the City Council of the City of Shakopee, Minnesota held
this 17th of October, 2017.
_______________________________________
William Mars, Mayor
City of Shakopee
__________________________________
City of Shakopee
Page 217 of 320

RESOLUTION NO. 7938
A RESOLUTION IN SUPPORT OF AN APPLICATION FOR THE 2017 LOCAL ROAD

IMPROVEMENT PROGRAM (LRIP) GRANT
VIERLING DRIVE BETWEEN CSAH 69 AND TAYLOR STREET
WHEREAS, the City of Shakopee is applying to the Commissioner of Transportation for a grant
from the Minnesota State Transportation Fund for Local Road Improvement; and
WHEREAS, the Commissioner of Transportation has given notice that funding for this project is
available, and the LRIP has been established through Statute 174.52 to provide funding assistance
to local agencies; and
WHEREAS, Vierling Drive (between CSAH 69 and Taylor Street) that parallels US Highway 169,
is a route of regional significance that serves a number of local development areas and regional
destinations; and
WHEREAS, the City of Shakopee has been working with MnDOT to improve safety and access on
the local and state roadway network through improvements to Vierling Drive near US Highway
169; and
WHEREAS, implementation of Vierling Drive improvements will have a positive regional impact
to the area and US Highway System, and the City of Shakopee is seeking to make improvements to
Vierling Drive to bring the roadway up to current standards; and
WHEREAS, the Local Road Improvement Program (LRIP) administered by the Minnesota
Department of Transportation makes available up to $1,000,000 to provide funding assistance to
local agencies towards local road projects that are regionally significant, result in safety
improvements, and address transportation deficiencies.
WHEREAS, this Vierling Drive project needs additional funding to be implemented; and

SHAKOPEE, MINNESOTA hereby supports the application of the LRIP Grant for the project at
Vierling Drive between CSAH 69 and Taylor Street, agrees to the terms and conditions of the grant
consistent with Minnesota Statutes, section 174.50, subdivision 5, clause (3) and will pay any
additional amount by which the cost exceeds the estimate, and will return to the Minnesota State
Transportation Fund any amount appropriated for the roundabout project but not required.
Adopted in adjourned regular session of the City Council of the City of Shakopee, Minnesota held
this 17th of October, 2017.
_______________________________________
William Mars, Mayor
City of Shakopee
__________________________________
City of Shakopee
Page 218 of 320

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Page 219 of 320

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Page 220 of 320

E
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8.A.

October 17, 2017
FROM: Darin Nelson, Finance Director

Subject:
Assessment Hearing on Delinquent Garbage/Refuse Bills from Republic Services
Adopt Resolution No. 7944, certifying assessments for delinquent refuse bills.
Recommendation:
Approval
Discussion:
The City Council is asked to consider Resolution No.7944 that will assess property owners
on taxes payable 2018 for unpaid refuse and recycling services from the city's designated
garbage hauler, Republic Services.
In previous action, the City Council authorized the collection of delinquent garbage accounts
in the city's designated "organized" collection area. This eliminated the need to stop service
to accounts, which leads to a higher incidence of illegal dumping.
Ordinance No. 583 was passed on October 17, 2000 amended Section 3.15, Subdivision 7 of
the City Code and obligated the property owners to pay the charges and costs for the
collection and disposal of refuse and recyclable materials.
Republic Services provided the City with a list of delinquent accounts on October 11, 2017
of which there were 143 property owners with unpaid garbage/refuse bills for a total an
amount due of $24,665.26. Last year at this same time, we had 197 delinquent accounts
totaling $30,870.61.
Attached is a list of delinquent property owners who have unpaid garbage/refuse bills. An
updated list of property owners to be assessed will be on the table Tuesday evening; this is to
allow property owners to make final payments until Tuesday, October 17, 2018. The listing
Page 221 of 320

will consist of Shakopee property owners who have either 1) not paid or 2) not paid in full
their delinquent garbage bill to Republic Services.
This list, which will accommodate Resolution No.7944, includes an administrative charge of
$25.00 to cover the city's cost and a $25.00 charge to cover Republic Services costs in
assessing these delinquent bills. These charges will be added to the delinquent bills once the
assessments are adopted by Council.
Budget Impact:
The $25.00 delinquent charge would be revenue to cover the administrative costs;
therefore, there is no impact on the budget.
ATTACHMENTS:
Resolution No. 7944

Republic Services Outstanding Accounts
Page 222 of 320

RESOLUTION NO. 7944
A Resolution Ordering Certification of Unpaid Refuse Bills for Collection
with Payable 2018 Property Taxes
WHEREAS, pursuant to proper notice duly given as required by law, the City Council of
the City of Shakopee met and heard and passed upon all objections to the proposed assessments
of: Delinquent Refuse Bills

1. That such proposed assessment together with any amendments thereof, a copy of which is
attached hereto and made a part hereof, is hereby accepted and shall constitute the special
assessment against the lands named herein and each tract therein included is hereby
found to be delinquent.
2. That there will be added to the delinquent amount a $50.00 fee if the delinquent amount
is not paid to Republic Services on or before October 17, 2017.
3. Such assessments shall be payable in one installment, payable on or before the first
Monday in January 2018, and shall bear interest at the rate of 5.00 percent per annum
from the date of the adoption of this assessment resolution. To the one installment shall
be added the interest on the entire assessment from the date of this resolution until
December 31, 2018.
4. The owner of any property so assessed may, at any time prior to November 17, 2017, pay
the whole of the assessment on such property without interest to the City of Shakopee
Finance Department.
5. The owner may thereafter January 2018 pay to the County Treasurer the installment and
interest in process of collection on the current tax list.
6. The Clerk shall file the assessment rolls pertaining to this assessment in her office and
shall certify to the County Auditor the total amount of the installment on each parcel of
land for collection with next years taxes.
Adopted in session of the City Council of the City of Shakopee,

Minnesota, held this day of , 2017.

ATTEST:
City Clerk
Page 223 of 320

PID OutstandingBalance
274110040 $5.00
274110100 $5.00
273521160 $5.00
273711820 $5.00
272721240 $5.00
272270450 $5.00
272650130 $5.00
272710080 $10.98
270210550 $14.10
270380010 $14.10
273560510 $21.95
273030140 $28.61
270740240 32.44
272070290 $34.10
270170650 $37.20
271910340 $38.69
271980010 $42.32
273100040 $42.96
270017250 $43.21
270160040 $43.63
272220190 $47.98
270041020 $52.32
273800630 $54.44
273700360 $65.85
273030040 $77.15
272300220 $80.49
270080710 $81.69
270160040 $84.64
273290990 $87.76
273291010 $89.44
270470230 $91.42
270210540 $91.96
270016740 $93.03
273080710 $93.75
273902410 $94.64
270120540 $94.64
270040230 $97.20
271910540 $99.64
271330520 $99.64
271690040 $100.00
271690190 $104.14
273902130 $104.64
270014160 $104.64
270016760 $108.88
273030020 $109.64
271880080 $113.88
270012740 $118.88
270050090 $118.88
270920070 $123.11
Page 224 of 320
270016990 $123.41
273621230 $128.30
270015840 $128.48
270013980 $134.40
273902280 $135.91
270920220 $135.96
270017970 $137.20
270012390 $140.55
270041490 $142.20
270740120 $146.96
270015700 $146.96
272440280 $151.96
270070090 $156.96
272930030 $162.02
271220060 $165.53
270740180 $173.32
271310160 $178.32
273620290 $178.32
270012130 $180.44
272340010 $180.44
272800230 $180.44
273590250 $180.44
271910350 $180.44
271960230 $180.44
270630090 $180.44
273620010 $183.53
273591380 $193.60
270040330 $199.28
271130020 $199.48
271910230 $204.28
270013650 $204.48
270018420 $209.28
273050210 $209.28
270040871 $209.28
270014860 $209.28
270016360 $209.28
270100100 $209.28
270017260 $209.28
270170260 $209.28
273820370 $209.28
273190520 $209.28
273150280 $209.28
270018450 $209.28
274040400 $209.28
273950320 $209.28
270017860 $209.28
273150160 $210.50
270016110 $218.26
271330600 $219.28
Page 225 of 320
270041360 $225.55
273150010 $225.64
270040210 $232.64
271680030 $232.76
271730100 $233.11
270320130 $236.30
270041640 $237.76
272040180 $237.76
273050360 $237.76
273150300 $237.76
273901380 $237.76
272080040 $237.76
270180140 $237.76
270220050 $237.76
270240400 $237.76
270041300 $237.76
270210130 $237.76
270020330 $237.76
279070360 $237.76
270241360 $247.41
270018321 $251.60
270240490 $251.60
270041660 $256.60
270016020 $256.60
271380200 $261.60
272810010 $268.93
270015190 $273.93
272070380 $273.93
270080610 $275.20
270040690 $284.27
272970090 $285.55
272300380 $289.07
273640020 $297.20
271700070 $297.20
272970350 $302.41
273030070 $302.41
270241370 $302.41
274210060 $302.41
273280010 $321.05
270830020 $321.25
270090010 $326.25
270014460 $375.05
272070530 $388.04
271890040 $539.70
271730070 $611.32
TOTAL $24,665.26
Page 226 of 320

8.B.

October 17, 2017

Subject:
Assessment Hearing on Delinquent False Alarms & Mowing Services
Adopt Resolution No.7945, certifying assessments for delinquent false alarms & mowing
services.
Recommendation:
Approval
Discussion:
The Council is asked to consider Resolution No.7945 that would assess property owners on
taxes payable 2018 for unpaid false alarms and mowing services.
The city routinely certifies past due bills for collection with the property taxes. To date the
city has been unable to collect $800 for false alarm services and $520 for delinquent mowing
fees, estimating 2 parcels. The city will charge an additional $25 administrative fee if the
delinquent assessments become levied to cover the citys administrative costs.
An updated list of property owners to be assessed will be on the table Tuesday evening; this
is to allow property owners to make final payments until Tuesday, October 17, 2018. These
charges will be added to the delinquent bills once the assessments are adopted by Council.
Budget Impact:
The $25.00 delinquent charge would be revenue to cover the administrative costs; therefore,
there is no impact on the budget.
ATTACHMENTS:
Resolution No. 7945

Unpaid Ordinance Violations
Page 227 of 320

RESOLUTION NO. 7945
A Resolution Ordering Certification of Unpaid False Alarms & Lawn
Mowing Services for Collection with Payable 2018 Property Taxes
WHEREAS, pursuant to proper notice duly given as required by law, the City Council of
the City of Shakopee met and heard and passed upon all objections to the proposed assessments
of: Delinquent False Alarms and Lawn Mowing Services.

1. That such proposed assessment together with any amendments thereof, a copy of which is
attached hereto and made a part hereof, is hereby accepted and shall constitute the special
assessment against the lands named herein and each tract therein included is hereby
found to be delinquent.
2. That there will be added to the delinquent amount a $25 fee if the delinquent amount is
not paid to the City of Shakopee on or before October 17, 2017.
3. Such assessments shall be payable in one installment, payable on or before the first
Monday in January 2018, and shall bear interest at the rate of 5.00 percent per annum
from the date of the adoption of this assessment resolution. To the one installment shall
be added the interest on the entire assessment from the date of this resolution until
December 31, 2018.
4. The owner of any property so assessed may, at any time prior to November 17, 2017, pay
the whole of the assessment on such property without interest to the City of Shakopee
Finance Department.
5. The owner may thereafter January 2018 pay to the County Treasurer the installment and
interest in process of collection on the current tax list.
6. The Clerk shall file the assessment rolls pertaining to this assessment in her office and
shall certify to the County Auditor the total amount of the installment on each parcel of
land for collection with next years taxes.
Adopted in session of the City Council of the City of Shakopee,

Minnesota, held this day of , 2017.

ATTEST:
City Clerk
Page 228 of 320

PID Balance
270018480 $520.00
273340011 $800.00
Total $1,320.00
Page 229 of 320

8.C.

October 17, 2017
FROM: Kyle Sobota, Senior Planner

Subject:
Vacation of Certain Drainage and Utility Easements in Maple Trail Estates First and Second
Additions
Adopt Resolution No. 7948, a resolution vacating certain drainage and utility easements in
Maple Trail Estates First and Second Additions.
Recommendation:
Adopt resolution as presented.
Discussion:
Cal Haasken, representing Harland Hohenstein, has applied to vacate certain drainage and
utility easements within Maple Trail Estates First and Second Additions. The proposed legal
descriptions are as follows:
All of the drainage and utility easements in Outlot A as dedicated in Maple Trail Estates
1st Addition, Scott County, Minnesota.
All of the drainage and utility easements in Lot 1, Block 1, and Outlot A as dedicated in
Maple Trail Estates 2nd Addition, Scott County, Minnesota.
The drainage and utility easement and ponding easement granted in Document No.
63798, Scott County, Minnesota.
The City Council recently approved Maple Trail Estates Fourth Addition, which adjusts the
lot lines of Mr. Hohenstein's lot and created two lots for the construction of two single family
houses. The proposed plat of the 4th addition dedicates new easements in similar locations to
the ponding easements and dedicates easements adjacent to the revised lot lines of Mr.
Hohenstein's lot, as well as the two lots created by the 4th Addition.
The Engineering Department and utility companies have reviewed the request and
Page 230 of 320

recommend approval of the request, subject to conditions. Specifically, the applicant will be
required dedicate the proper easements on the final plat prior to recording, and the necessary
easements for electric service will be required by Shakopee Public Utilities. The applicant
has proposed to dedicate the proper easements, so staff is recommending approval of the
request. If approved, the applicant intends to record the plat immediately.
Budget Impact:
N/A
ATTACHMENTS:
Easement Sketch
Engineering Department Comments
Plat of Fourth Addition
Resolution No. 7948
Page 231 of 320

Page 232 of 320
Page 233 of 320
Memorandum
TO: Kyle Sobota, Senior Planner
FROM: Ryan Halverson, Assistant City Engineer
SUBJECT: Vacation of Utility, Drainage and Ponding Easement

(Outlot A, Maple Trail Estates 1st Addition)
(Lot 1, Block 1 & Outlot A, Maple Trail Estates 2nd Addition)
(Doc No. 63798, Scott County, Minnesota)
CASE NO.: 17048
DATE: September 22, 2017
The application indicates a request to vacate all drainage, ponding and utility easements of Outlot
A, Maple Trail Estates 1st Addition as well as Outlot A and Lot 1, Block 1 of Maple Trail Estates
2nd Addition. The application also indicates a request to vacate all drainage, ponding and utility
easements of Document No. 63798, Scott County, Minnesota.
The applicant has made a preliminary and final plat for approval that replats the affected lots, and
grants similar easements.
The engineering department has completed its review of the vacation request and offers the
following comments at this time for the applicant and for the planning department:
1. The forthcoming Maple Trail Estates 4th Addition Final Plat will need to dedicate
adequate drainage and utility easements as required by City Code and the City of
Shakopee Design Criteria.
2. The approval of the vacation is contingent upon the approval of the Maple Trail Estates
4th Addition Final Plat application and concurrent recording with Scott County.
Recommendation
Should the City recommend approval of this request, the engineering department suggests the
items listed above be attached as conditions of the approval.
H:\ENG\DEVELOPMENT REVIEW\Maple Trail Estates 4th\_Project Management\Letters and Memos\Staff Review
Page 234 of 320

Page 235 of 320
RESOLUTION NO. 7948
A RESOLUTION APPROVING A VACATION OF CERTAIN DRAINAGE AND

UTILITY EASEMENTS IN MAPLE TRAIL ESTATES FIRST AND SECOND
ADDITIONS
WHEREAS, Cal Haasken, applicant and Harland Hohenstein, have made an

application proposing the vacation of certain drainage and utility easements within the
Maple Trail Estates First and Second Addition Plats; and
WHEREAS, it has been made to appear to the Shakopee City Council that these
drainage and utility easements are no longer of public use or interest; and
WHEREAS, the proposed drainage and utility easements to be vacated is identified

as:
1. All of the drainage and utility easements in Outlot A as dedicated in Maple Trail
Estates First Addition, Scott County, Minnesota
2. All of the drainage and utility easements in Lot 1, Block 1, and Outlot A, as
dedicated in Maple Trail Estates Second Addition, Scott County, Minnesota
3. The drainage and utility easement and ponding easement granted in Document No.
63798, Scott County, Minnesota
; and
WHEREAS, the Shakopee Planning Commission considered the request at its

meeting of October 5, 2017, and unanimously recommended approval with conditions to
the City Council; and
WHEREAS, a public hearing to consider the action to vacate the public alleys and
rights-of-way was held in the Council Chambers of the City Hall in the City of Shakopee
at 7:00 P.M. on October 17th, 2017; and
WHEREAS, ten days published notice was provided by publication of the notice
in the SHAKOPEE VALLEY NEWS and posted notice was provided 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.
Page 236 of 320

NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF SHAKOPEE, MINNESOTA,
1. It finds and determines that the vacation of drainage and utility easements as
identified is in the public interest.
BE IT FURTHER RESOLVED BY THE CITY COUNCIL OF THE CITY

OF SHAKOPEE, MINNESOTA, THAT:
1. The forthcoming plat of Maple Trail Estates Fourth Addition must dedicate
adequate drainage and utility easements as required by City Code and the City of
Shakopee Design Criteria.
2. The approval of the vacation is contingent upon the recording of Maple Trail
Estates Fourth Addition in the office of the Scott County Recorder.
3. After the adoption of the Resolution, the City Clerk shall file certified copies
hereof with the County Auditor and County Recorder of Scott County.
Adopted in the ___________ session of the City Council of the City of Shakopee,
Minnesota, held the _____ day of ____________________, 2017.
_____________________________
ATTEST:
______________________________
Page 237 of 320

9.A.1.

October 17, 2017
FROM: Michael Kerski, Director of Planning and Development

Subject:
Request for Proposals (RFP) for two city-owned locations in the downtown
Advertise and solicit proposals
Recommendation:
Authorize the advertisement of the RFP and the solicitation of proposals per the attached
draft request for proposals.
Discussion:
The city or the EDA/HRA currently owns a number of parcels in the downtown. Staff is
recommending a comprehensive RFP that will be sent and advertised to the development
community. There are several developers that have already contacted the city that are
now interested in proposing. We are offering ample time for the development community to
complete their due diligence and to propose on one or both of the sites. We have developed a
comprehensive and transparent process for the review of proposals. The city's financial
advisor will also assist in reviewing any financial information. We also have the option,
depending on the number and type of proposals that we receive, to retain HR&A to assist in
the final review. HR&A is currently working on the comprehensive plan and their specialty
is real estate market research and feasibility and they are ranked as one of the top firms that
municipalities retain for the review of proposals.
Budget Impact:
ATTACHMENTS:
Draft RFP
Page 238 of 320

REQUEST FOR PROPOSALS AND QUALIFICATIONS BY THE CITY OF
SHAKOPEE FOR REDEVELOPMENT OF THE FORMER CITY HALL
SITE AND RIVERFRONT PARCELS IN DOWNTOWN
SHAKOPEE, MINNESOTA
Proposal Due Date: January 5, 2018 by 4:00 PM CST
Optional Site Tour: October 26, 2017 at 10:00 AM CST

You must RSVP if you plan on attending by October 24
Submit Proposal to: Michael Kerski

Director of Planning and Development
City of Shakopee
485 Gorman Street
Shakopee, MN 55379
mkerski@shakopeemn.gov
Page 239 of 320

The City of Shakopee (city) and the Economic Development Authority (EDA) of
Shakopee are seeking firms with significant experience in redevelopment and
revitalization to redevelop the former city hall site at 129 Holmes Street S and four
parcels at Scott Street N and 1st Avenue W. The successful respondent(s) will enter
into exclusive negotiations with the city and the EDA to redevelop these sites and enter
into final development agreement(s) between the entities. Respondents can propose
on one or both sites.
The proposals will be evaluated using the following criteria:
Qualifications the extent that the firm demonstrates it has personnel with the
prerequisite experience necessary to accomplish the proposed project. The proposal
must specify the principals and the specific staff that will work on the Shakopee project
including their experience, areas of expertise, and the nature and extent of their
involvement in the proposed project. The proposal should include information and/or
material for similar projects that the firm has completed. If firms are proposing specific
architects or builders, please include work on similar projects. 25 points
Experience The extent to which the developer has demonstrated competence in

successfully redeveloping similar sites and can provide examples of similar projects
with dates, total project costs and investment and if the projects have since been sold.
Include the number of units, stories, construction type, and parking if it was apartments
or a hotel. Include other uses included in the projects, if any. 50 points
Financial Capacity Does the firm have the necessary financing and equity available
to complete the proposal? If the firm is proposing any type of incentive, please include
here, including the price of land. 45 points
Proposers are invited to respond to this RFP. One original hard copy proposal with
signatures along with one electronic copy should be submitted to:
City of Shakopee
Michael Kerski
Director of Planning and Development
485 Gorman Street
Shakopee, MN 55379
Responses to the RFP must be received by the City at the above address no later than
4:00 PM CST, January 5, 2018. Any response received after this time will not be
opened. Facsimile or email responses are NOT acceptable when responding to the
Request for Proposals.
Page 240 of 320

THE DOWNTOWN MARKET
Downtown is rapidly being transformed into a twenty-four-hour area. There are already
a number of apartments in the area, largely for seniors. Above many of the historic
buildings are market rate apartments on the second and third floors. There are a
number of new entrepreneurial businesses that have opened and many that are long
term downtown destinations.
The city has invested $2 million in public improvements in the Downtown in 2017 that
includes a new redesigned parking lot with a public plaza, a new gateway at River City
Center that will include signage and a statue of Chief Shakopee and a new gateway
plaza at 101 and First Avenue (in front of OBriens) that will include seating walls,
landscaping and a sign announcing Downtown.
There have been a number of buildings in the downtown that have either been
revitalized or are in the process. There are currently four faade renovations planned
in downtown including a renovation of the former Lady Di building on Holmes Street
into a new use. Several buildings on First Avenue will be restoring their storefronts in
the coming months.
The Downtown Shakopee Main

Street organization held a weekly
concert series called Rhythm on
the Rails throughout this past
summer. Despite weather events,
Rhythm on the Rails attracted
more than 2,900 people on
average. Many local corporations
sponsored this program along with
small businesses and it was
recognized as the Best Main Street
Event in Minnesota.
Page 241 of 320

To continue the revitalization of Downtown Shakopee, the city is seeking new
developments that will add to the improvements already underway. New development
we are interested in could include market rate housing, hotel, commercial and retail.
The city is seeking innovative projects that will drive additional users for downtown and
will be of high quality design and materials, adding to the historic nature of the area.
Retail rents downtown range from $11 to 20 per square foot. There has not been a
strong office rental market and most offices are owner-occupied. The most recent
office development is the relocation of the OBrien Dental Clinic to a modern office
building on Fuller Street. The clinic occupies the entire second floor and there are
commercial tenants on the first floor and basement. The building was purchased by
parties related to the dental clinic.
There has been an expressed need for a higher end hotel in the downtown to serve
corporate users in the community along with market rate housing, particularly for the
young professionals at companies like Seagate, Emerson and Entrust Datacard.
There is also a strong biking community in Shakopee and there is a state trail adjacent
to the riverfront site. This trail is accessible by a tunnel on Holmes Street from the
former city hall site and connects to a regional trail system.
Market rate apartment rents in Shakopee grew more than 17% in the past year, more
than any other city in the region. Market rate rents currently are at about $1.68 per
square foot for existing complexes. No new complexes have been built since 2005.
There currently are two new market rate projects under construction in the city. There
are 133 apartments adjacent to the new HyVee that will deliver to market in 2018 and
are largely studios, one and two bedrooms. Projected rents will be approximately
$1.80 per square foot/month. The project is four stories and stone, brick and hardi
plank and panels.
Page 242 of 320
The other project is in Southbridge adjacent to County Highway 21 and is just over 300
units. It is adjacent to a park and ride lot and across from entertainment, restaurants
and retail. Market studies are projecting rents in 2018 at $1.80-$1.90 per SF.
There are also up to 600 units planned in the Canterbury Park area. These luxury
units would be marketed to people downsizing from single family homes or executives
moving into the market along with horse owners or lovers that want a location adjacent
to the track and card room. This project currently has no start date.
THE SITES
Former City Hall
This site will be remediated and cleared.

Part of the basement walls will remain to act
as stabilization to protect the street and
railroad side. The site has all utilities to it
including natural gas, electricity and fiber.
The site consists of approximately .7 acres of
land zoned B-3. In this zone, you are
allowed an FAR of 4. You must have a mix
of uses on the site like retail or restaurant on
a portion of the ground floor. You can fit
approximately 121,000 square feet of space
on this site based on the FAR of 4. Height is
limited to 45 feet without a Conditional Use Permit. A Phase 1 has been completed
and all hazardous materials will be removed from the site prior to demolition and the
site will be pad ready with compacted fill where the
former city hall was located. No parking is required
in the B-3 District. There are several large city-
owned lots surrounding the site including a large lot
across the railroad tracks.
River Site
This site is just over an acre. The property is zoned

B-1 which allows mixed use. Height is limited to 35
feet without a Conditional Use Permit. Parking is
required to be provided on site.
The city purchased a small house on the corner for

$125,000 in September 2017 and has a contract to
purchase the commercial sites in April 2018 for
Page 243 of 320

$350,000. The city is currently working on relocating that tenant, Doggie Doos, to a
new development on the west end of the city. It is expected that they will be relocated
to their new complex in June 2018. The rear portion of the site is already owned by the
city/EDA. The city has completed a Phase 1 and Phase 2 on the site.
The existing alley would be abandoned adjacent to the site and utilities will be
relocated out of the alley. The site has electricity, fiber, water and sewer. The city will
also consider abandoning a portion of the road along the river.
This site is adjacent to the state trail that runs through Shakopee to Chaska and to the
National Wildlife Refuge. The site is also adjacent to the Minnesota River. It is located
on the bend of the river and offers spectacular views up and down the river.
What you need to submit
Proposer are required to provide the following information:

Which site(s) the Proposer is planning to develop;
Proposers demonstrated understanding of the project and its objectives;
Proposers approach to the project and detailed plan to meet objectives;
Concept plan along with types of uses, density, square footage, parking etc.
Basic pro forma for the project along with any required city participation (land etc.)
Proposers relevant experience on similar projects;
Proposers past financial experience for similar-sized projects and ability to obtain
financing for this specific project;
Proposers track record on attracting tenants and users that would be desirable for
the development;
Qualifications of key project personnel and experience on similar projects;
Qualifications of key consultants and relevant experience on similar projects;
Project timetable.
Page 244 of 320

Selection Process
After reviewing all proposals, City staff may select up to five firms and conduct
interviews with each of those firms or teams. Following interviews, the City may ask for
additional information from firms and conduct follow-up interviews. Proposers and their
teams will be ranked in order of preference. Staff will then draft a Memorandum of
Understanding for a period of six months with the selected Proposer and forward a
recommendation to the City Council for approval of the selected Proposer. During the
initial six months, the chosen Proposer will develop final site, architectural and
marketing plans for the site. The Proposer will then submit these plans to the City for
final approvals.
The City of Shakopee reserves the right to reject any or all proposals as it may be
deemed in the best interest of the city.
Adoption of the final Disposition and Development Agreement by the City for the
property will be based on the following criteria:
Financing in place to complete the project including closing with the city
Any required city participation (ie land)
Conformance with the City of Shakopees goals and objectives;
Quality of the final design including elevations and floor plans;
Soundness and quality of the overall development plan;
Schedule of development
Tenants or tenant prospects
Developers ability to work with the city
Time Frame
It is the City's intent to have a contract executed with the selected firm by February
2018 and an expectation that the chosen developer will be able to enter into a final
disposition agreement with the City within six months depending on the developers
timeliness of submission of materials for design and financial approvals.
Page 245 of 320

Background - The Shakopee Community and Surrounding Areas
History and Growth
The City of Shakopee is rich in history. Once
a trading post and then a small river town, the
City is now a growing suburb to the Twin
Cities metropolitan area.
Located in the lower Minnesota River Valley,
Shakopee has been home to Native
Americans for thousands of years. Burial
mounds in Memorial Park date back
approximately 2,000 years.
At the time of the first European settlers, Dakota Indians inhabited the valley. Chief
Shakpay I settled his tribe along the river banks in the 1700s; his village was called
Tintonwan, village of the prairies, and located east of Shakopees present downtown.
In 1842, the first steamboat
came down the river as far as
Shakopee, and two years later,
Oliver and Harriet Faribault built
the first log cabin along the
river. Missionary Samuel W.
Pond came to the area in the late 1840s, at the invitation of Chief Shakpay II. Pond
would later found Shakopees oldest church, First Presbyterian Church, in 1855.
In 1851, with the Treaties of Mendota and Traverse des Sioux, the area was opened to
pioneer settlement. Thomas A. Holmes, known as the father of Shakopee,
established a trading post near the Tintonwan village. Shakopee was designated as
the Scott County seat on March 3, 1853.
In 1854, Holmes platted Shakopay Village, naming it after the leader of the Dakota
band, Chief Shakpay II.
Shakopee was incorporated as a city on May 23, 1857.
For many years, steamboats along the Minnesota River were the most efficient way for
people and goods to reach the young city. However, in the mid-1860s, a new method
of transportation arrived: railroad. The first steam engine train rolled into Shakopee
from Mendota along Second Avenue on Nov. 16, 1865.
Ten years later, the Lewis Street swing bridge opened, the first across the Minnesota
River in Shakopee.
Page 246 of 320

The Citys population in 1910
was 2,302.
During the Prohibition era,
Shakopee had the reputation as
a Little Chicago with a past that
included illegal gambling. In
1940, an extortion ring was
discovered as merchants paid to
avoid raids on slot machines.
Shakopee also showed signs of
progress in the 1920s, electing
its first female Mayor, Elizabeth Ries, in 1925. In 1927, Holmes Street bridge was
completed linking Shakopee to Chaska. The bridge was restored by the Minnesota
Department of Transportation and is now used for bike and pedestrian access over the
new river bridge.
Two of Shakopees longest running businesses were established in the 1930s: Bills
Toggery, a family run mens clothing store on Lewis Street; and Rahr Malting, which
built its malt manufacturing facility in west Shakopee. Both businesses are still in
operation today.
Shakopees economy began to shift in the
1960s with the development of the Valley
Green Industrial Park, the metropolitan
areas largest ready-to-occupy industrial
park.
Valleyfair Amusement Park put Shakopee
on the map when it opened in 1976. The
park has since grown to include more
than 75 attractions on 90 acres. It draws
more than one million people to Shakopee
every year.
In 1985, a new horse-race track, Canterbury Downs, opened to much fanfare. In 1994,
the track was renamed to Canterbury Park, and today live racing, a 24-hour card club
and entertainment events annually draw more than 600,000 people.
The opening of the Bloomington Ferry Bridge in 1995 has spurred unprecedented
growth in the City, which saw its population double in the succeeding 10 years. The
new bridge opened the City to new business and residential growth, making it
accessible for people looking to work in the metro but enjoy the atmosphere of a small
town.
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In 2010, the City of Shakopee had a population of 37,076. Improved transportation
systems, available land and recreational amenities continue to make Shakopee
attractive to businesses and residents.
Several national companies established new facilities in Shakopee, including Amazon,
Shutterfly, AmeriSource Bergen and world headquarters for Entrust Datacard and
Emerson Process Management.
In 2017, the city opened its new city hall building on Gorman Street, creating a city
campus to better serve customers. The city also wrapped up a two-year renovation of
the Shakopee Community Center, which included in a two-sheet ice arena, indoor
aquatic center, senior lounge and much more.
Living, Working and Playing in Shakopee

Recreation. Whether you live in Shakopee or work here, there are plenty of
recreational opportunities. Our world class trail system features over 80 miles of trails
within the city limits and connects you to just about anywhere in the metro. Literally
after a few minutes on our trails, you can find
Over 80 miles of local trails
yourself in a peaceful natural area leaving the city
connected to regional system
Over 900 acres of parks behind. Our parks are equally impressive. With 9
Newly renovated, best in class regional parks within 15 miles, 7 major parks in
community center Shakopee, and numerous neighborhood parks;
Land of Big Fun! our more than 900 acres of park space
Cultural and sporting events local
demonstrate our community commitment to open
and nearby!
space, active living and the health benefits that
come with it. In the last two years we have
invested $30 million in upgrades to our community center including two new sheets of
ice to create a place for our citizens to get together.
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Shakopee is also the epicenter
of the Land of Big Fun, which
includes Valleyfair Amusement
and Waterpark, Mystic Lake
Casino, the Renaissance
Festival, and Canterbury Park.
There are always community
events going on in town that
are well attended and bring
people together. There is no
shortage of places to go and
people to see here in Shakopee
including a revitalized downtown that hosted a five-week concert series that attracted
more than 2,500ople each night
Dining and Shopping. Downtown
Shakopee offers a wide variety of
experiences, the majority of which are
locally owned and operated. They
include the headquarters of Maggie and
Marys/North Aire Market, known as the
soup ladies who regularly sell out on
QVC. They have a new retail storefront
that offers all of their world famous and
award winning products. There is also
Bill Toggery, one of the oldest retailers in
Shakopee, Real Gem Jewelers, Turtles
Bar & Grill that also hosts a thriving
wedding reception business at Turtles 1890 Social Center, Munkabeans Coffeehouse,
OBriens Public House, Pablos Mexican Restaurant, Valley Sports, One Sexy Biker
Chic, Pauls Bike Shop and many more including the just opened Shakopee Brewhall.
Hospitality. Traveling to and staying in the
Shakopee area is simple. The Minneapolis-St. Paul
International Airport is 19 miles from Shakopee. We
have a large number of business travelers from
around the world that visit on a regular basis. One of
the requests from the business community is a high-
quality hotel that could access the amenities of
Downtown and also allow them to host a number of
business meetings. The Shakopee area higher level
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hotels boast an ADR of more than $100 and occupancy more than seventy percent on
an annual basis. There is no hotel near Downtown.
Business Climate
The business community in
Shakopee is booming, as
evidenced by the fact that several
major multi-national corporations
have chosen us as their
headquarters or a major site for
their operations. We are home to
the world headquarters of Entrust
Datacard, North America
Headquarters of Emerson Process
Management, 800-person
engineering center for Seagate and have significant operations facilities for Amazon,
Shutterfly and AmerisourceBergen, among others.
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Land Surveys
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9.B.1.

October 17, 2017

Subject:
Order an improvement, prepare plans and specifications and approve a draft agreement for
payment of special assessments for 225 Sommerville Street South Sanitary Sewer Extension
project.
Approve Resolution 7947, ordering an improvement and preparing plans and specifications
for the 225 Sommerville Street South Sanitary Sewer Extension; and authorize execution of
agreement for payment of special assessments for the extension of lateral sanitary sewer to
this property.
Recommendation:
Approve Resolution 7947 and authorize execution of agreement.
Discussion:
The single family residential property at 225 Sommerville Street South exists with a private
sanitary septic system (holding tank/drainfield system). Until recently, it was assumed
this property was connected into the city's sanitary sewer system. It has been further
discovered that public sewer is not immediately available to this property.
Attached is a memo that provides an evaluation of extending sanitary sewer to this property
to eliminate the private septic system. Based on this evaluation, the following proposed
recommendation and steps are presented for the City Councils consideration:
1. City to provide public sewer up to the property line at 225 Sommerville Street South.
2. Obtain written agreement for payment of special assessments.
3. Proceed with project, obtain bid alternatives for gravity vs. grinder pump system.
Costs and funding for the proposed sewer extension project are proposed as follows:
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COSTS
Public sewer extension $46,000
Total Costs $46,000
FUNDING
225 Property Owner $15,000 (fixed amount)
County Grant $ 6,000 (approximate)
City Sewer Fund $25,000 (remaining amount to be covered by city)
Total Funding $46,000
Funding is based on the premise that the property owner would be responsible for a fixed
amount of $15,000. This amount is based on an approximate cost for a typical replacement of
a septic system. Based on the actual project cost
and the grant amount received from the county, the city would fund the balance. Should
project cost savings be experienced or grant amount increase, this would result in a decrease
in the city's funding participation.
It should also be noted that additional costs to the property owner above and beyond as
outlined above include the following:
Sewer Connection Fee (estimated)

Sewer Connection Permit $ 81.00
City Trunk Sewer $ 536.91
City SAC $ 475.00
MCES SAC $2,485.00
Subtotal Sewer Connection $3,577.91
Disconnection/abandonment of old system $To be determined, estimated $2000

Connection into new public sewer system $To be determined, estimated $1000
Amounts for the disconnection, abandonment of the old system, and connection into the new
system are estimated only. The abandonment of the existing system could be somewhat
complex because conditions indicate that the garage was constructed on top of the existing
holding tank and drain field. The estimated costs to the property owner for the public system,
sewer connection fees, and private work amount to $21,577.91.
Budget Impact:
The Sanitary Sewer Fund would account for approximately $25,000 of the sewer extension
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project.
ATTACHMENTS:
Background Memo
Resolution 7947
Assessment Agreement
PowerPoint
Page 254 of 320

City of Shakopee
MEMORANDUM
TO: Bill Reynolds, City Administrator
Copy: Darin Nelson, Finance Director
FROM: Steve Lillehaug, City Engineer/Public Works Director
SUBJECT: Sewer Service Evaluation 225 Sommerville Street
DATE: October 9, 2017
Introduction
This memorandum provides the background and information to evaluate options to provide
sewer service to 225 Sommerville Street. It also provides information to evaluate the costs and
potential financing.
Background
Sometime mid to late 2016, the single-family home at 225 Sommerville Street experienced a
sanitary sewer backup. While it was assumed this property was hooked up to the citys sanitary
sewer, it was investigated and discovered that it was not. It is apparent that this property exists
with an individual sanitary sewer treatment system/holding tank that is owned by the property
owner.
As early as April 2017, Franklin Haws had discussions with the city about connecting to the citys
sanitary sewer for his property at 225 Sommerville Street. In most cases, it would have been
expected that a typical sanitary sewer service for future connection would have been stubbed
out to the property when the mainline sanitary sewer was installed in this neighborhood.
However, not only is a service stub not present at this property, a city sewer line is also not
within proximity to the property.
Other miscellaneous background information:
Neighborhood sewer was installed in 1954.

An assessment search resulted in no identified past or current assessments for any
sanitary trunk, lateral or connection improvements.
A building permit for a sanitary sewer repair in 2016 exists. It is assumed this was for the
backup of the private system.
Apparently and mistakenly, the city charged this property a monthly sanitary sewer utility
fee between the period of April 22, 2009 to November 18, 2016. The change occurred
upon a routine city audit where it was assumed this property was hooked up but was
Page 255 of 320

not. A full refund in the amount of $835.25 was provided recently to the property owner
(see attached Sewer Charge Summary).
Approximately 700-800 properties in Shakopee exist that are not connected to city
sewer.
City Ordinance
In accordance with City Ordinance 52.08 (see Figure 1), the property is not required to hookup
to City sewer at this time. However, in being a good steward and in consideration of the
wellhead protection plan, it is recommended to eliminate all individual sanitary sewer treatment
systems when a public system is available and when feasible to do so. Additionally, this parcel is
within the citys municipal urban service area for sewer service, understanding that the intent
and goal of establishing these areas are to provide full public sewer service to all within this
area.
Figure 1. Shakopee Ordinance 52.08
Assessment Policy
In general, the citys assessment policy indicates that the full project cost should be assessed to
the benefitting property(s). In this instance, the only benefitting property would be 225
Sommerville Street.
However, within the financing section, there is indication for consideration to be made for
unique areas that have developed without a sanitary sewer system where the City should find
methods to provide these improvements without causing undue hardship on the individual
property owner (see Figure 2). Within the general policy section, there is also indication that the
City may contribute in unusual circumstance (see Figure 3).
Should the city proceed with a public improvement project to address this issue, it is
recommended that we obtain a petition from the property outlining the proposed
improvements, benefits, cost share agreement and a waiver of special assessment hearing.
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Figure 2. Shakopee Assessment Policy Financing of Public Improvements
Figure 3. Shakopee Assessment Policy General Assessment Policies
Sewer Connection Fees

In addition to special assessments for the improvements, additional sewer connection fees are
required as follows:
Sewer Connection $80 + $1 state surcharge

City Trunk Sanitary Sewer $2,745/acre
o typical residential lot is 60x142 = 8520 sf (0.1955 acres); amounts to
approximately $536.91 per typical single-family parcel
City SAC $475
MCES SAC $2,485
Other Sewer Projects

The following outlines several past projects and costs pertaining to sewer service.
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Whispering Oaks Sewer Extension The lateral connection charge per parcel for this project was
established at $4,168.06. These parcels are also required to pay all Sewer Connection Fees as
indicated above, which totals an additional $3,041 plus $2,745/acre.
7380 CR 101 E. (Cargo Van-Go) A public sewer extension project was completed 2014. Their
total special assessment was $6,363.04. This property exists with an equivalent 2 SACs. However,
the City Council waived all sewer connection fees that would have amounted to an additional
$10,126.74
7480 CR 101 E. Tietjen Family Inc. (dba Ace Trailer Sales) A public sewer extension project was
completed 2014. Their total special assessment was $11,668.84. This property exists with an
equivalent 6 SACs. However, the City Council waived all sewer connection fees that would have
amounted to an additional $25,392.22
Hilldale Drive A public street and utility project was completed in 2016 in the existing Hilldale
Drive neighborhood that included roadway, watermain, sanitary sewer and storm sewer
improvements. A special benefit consultation was performed with a valuation of a minimum
amount of $28k per property. The City Council put an assessment cap of $28k per property for
these improvements that also included all sewer and water connection fees within this cap, in
essence waiving all sewer and water connection fees (sewer connection fees would have
amounted to approximately $5,800 per property).
Available Grants
The County has indicated that a possible grant (through the MPCA) that the County was
awarded is available to the property owner in the amount of approximately $6,000 and
potentially more. This grant funding is available until August 31, 2018.
SPUC has indicated that there are no grants available at this time as part of their wellhead
protection plan. They have indicated that they have no such initiative underway.
Property Valuation
The estimated property value within the citys DataLink system is $127,200 ($52,200 Building +
$75,000 Land). It should be noted that it is assumed this valuation assumes that the property
exists with city sewer.
Proposed Sanitary Sewer Service Options

Options to provide sewer service to 225 Sommerville Street as follows:
1. Gravity Based on the surrounding existing sanitary sewer, a gravity sewer line could be
installed down the adjacent alley, easterly to connect into the existing city sewer located
within Spencer Street. Preliminary estimates for this option amount to as much as
$46,000. The gravity sewer could be considered public through the alley, stubbing out a
private service to the property line.
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2. Grinder pump A second option to install a private grinder pump that would pump to
the city sanitary sewer was also evaluated with an estimated cost of $45,000. It should
also be understood that long term operation and maintenance costs would be
significantly higher with a pump system, making this option less favorable. The grinder
pump system should be considered a private system. It should also be noted that
shallow lines should be insulated as warranted to protect the line from freezing.
3. No City involvement A third option is for the property owner to proceed with the
improvement work by permit with his own resources and no city involvement other than
the required fees and inspection.
Other options existing such as direction drilling that could experience cost savings that should
be evaluated as alternative contractor bids.
Page 259 of 320

RESOLUTION NO. 7947
A Resolution Ordering an Improvement
and Preparation of Plans & Specifications
for 225 Sommerville Street South Sanitary Sewer Extension
WHEREAS, it was brought to the Citys attention that 225 Sommerville Street is not
hooked up to the citys sanitary sewer; and
WHEREAS, after further investigation of this property there is no service stub present and
a city sewer line is not within proximity to the property; and
WHEREAS, the property owner has met with city staff to discuss options.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE

CITY OF SHAKOPEE, MINNESOTA:
1. That the improvement is necessary, cost effective and feasible, and is ordered as
hereinafter described:
225 Sommerville Street South Sanitary Sewer Extension Improvements and all
appurtenant work.
2. That the City Engineer is directed to prepare plans and specifications for the making of
such improvements.
3. That the City Council shall let the contract for all or part of the improvements as
authorized by Minnesota Statutes 429.041, no later than three years from the date of adoption of
this resolution, contingent upon execution of an agreement for payment of special assessments by
the property owner of 225 Sommerville Street South.
Adopted in regular session of the City Council of the City of Shakopee, Minnesota, held
this 17 day of October, 2017.

ATTEST:
City Clerk
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AGREEMENT FOR PAYMENT OF SPECIAL ASSESSMENTS
This Agreement is entered into as of ________________, 2017, by and between the City of
Shakopee (City) and Franklin H. Haws, Jr., 225 Sommerville Street South (Property Owner)
RECITALS
A. Property Owner is the owner of a parcel of land (Property) located at 225 Sommerville
Street South, Shakopee, Scott County, Minnesota. The legal description of the Property is
Lot 2 Block 028, Shakopee City.
B. The City is considering the construction of a public improvement project known as the 225
Sommerville Street South Sewer Extension Project (Project). The Project includes
installation of sanitary sewer within the alley north of 3rd Avenue from the existing sanitary
sewer within Spencer Street South to 225 Sommerville Street South; and all street, alley, and
boulevard restoration. Upon substantial completion of the Project, the City will levy special
assessments against the Property.
C. The City and Property Owner have agreed that the total amount of the special assessment to
be levied against the Property will not exceed $15,000. Property Owner and the City desire
to enter into this Agreement to set forth the Property Owners obligations with respect to
payment of the special assessment.
Now therefore in consideration of the mutual covenants and conditions set forth in this
Agreement, the City and Property Owner agree as follows:
1. The Recitals are true and correct and are incorporated by reference into this Agreement.
2. Upon substantial completion of the Project, the City will levy a special assessment against
the Property in an amount not to exceed $15,000. Property Owner covenants and agrees to
pay the actual amount of the special assessment in accordance with state law and the Citys
ordinances and regulations. Property Owner may have up to 10 years to pay the special
assessment.
3. Property owner shall have up to 3 years to connect to the public utilities that are being
installed as part of the Project.
4. If the City levies special assessments against the Property in the amount of $15,000,
Property Owner is responsible for all other costs, such as the cost of a plumbing permit, the
sanitary sewer connection fees (trunk sanitary sewer charge, a city sanitary sewer
availability charge, and a metropolitan sanitary sewer availability charge), the costs
associated with the disconnection and abandonment and/or removal of the existing private
septic system, and the costs associated with the connection to the Project improvements.
Page 261 of 320

5. Property Owner waives notice of hearing and waives the right to the hearing required by
Minnesota Statutes, Section 429.031 on the special assessment to be levied on the Property
up to a maximum of $15,000.
6. Property Owner waives any and all rights to appeal or otherwise contest or challenge the
levying of special assessments up to a maximum of $15,000 against the Property, including
but not limited to the right to challenge whether the increase in fair market value resulting
from the Project is at least equal to the amount that is being assessed against the Property
and that such increase in fair market value is a special benefit to the Property. Property
Owner further agrees that any requirements of Minnesota Statutes, Chapter 429 with respect
to the adoption or levying of the special assessments are waived to the extent that those
requirements are not met.
7. The covenants, waivers and agreements contained in the Agreement shall run with the
Property and shall bind future owners of the Property and their heirs, successors and assigns.
Property Owner agrees to provide a copy of this Agreement to any buyer of the property
before Property Owner signs a purchase agreement to sell the Property.
8. Property Owner will provide any necessary easements on the Property for the project at no
cost to the City.
9. If Property Owner violates any of the covenants and agreements contained in this
Agreement, the City may seek any legal remedy that it is otherwise entitled to under law,
including but not limited to the option to commence a legal action for monetary damages or
for specific performance. Property Owner agrees that the City shall be entitled to its
administrative costs, legal costs, and reasonable attorney's fees in connection with said
action provided that the City is successful in such action.
10. Any notices permitted or required to be given or made pursuant to this Agreement shall be
delivered personally or mailed by United States Mail to the addresses hereinafter set forth by
certified or registered mail. Such notices, demand or payment shall be deemed timely given
or made when delivered personally or when deposited in the United States Mail in
accordance with the above. Addresses of the parties hereto are as follows:
If to the City City Administrator

City Hall
485 Gorman Street
Shakopee, MN 55379
If to Property Owner ______________________________

______________________________
______________________________
11. Nothing in this agreement is intended to affect any other payments that might be due to the
City, or any other governmental entity, at the time that the Property is platted or subdivided.
2
Page 262 of 320
Property Owner:
_________________________________________
_________________________________________
STATE OF MINNESOTA )
) SS
COUNTY OF SCOTT )
The foregoing instrument was acknowledged before me this ____ day of _____________,
2017, by _________________________ .
____________________________________
Notary Public
My Commission Expires_________________
City of Shakopee:
By__________________________________
Its Mayor
By__________________________________
Its City Administrator
STATE OF MINNESOTA )
) SS
COUNTY OF SCOTT )
The foregoing instrument was acknowledged before me this ____ day of _____________,
2017, by _________________________ and _______________________ the Mayor and City
Administrator, respectively, of the City of Shakopee, a municipal corporation under Minnesota law.
____________________________________
Notary Public
My Commission Expires_________________
3
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9.B.2.

October 17, 2017

Subject:
Water Resources/Environmental Engineer
Authorize a Water Resources/Environmental Engineer within the Public Works Department.
Recommendation:
Authorize position.
Discussion:
Attached is a memo that provides the background and a recommendation to add a new Water
Resources/Environmental Engineer position to city staff. Upon authorization, city staff are
prepared to create a formal job description, perform a job/market evaluation for this position,
and commence hiring.
Budget Impact:
This position would be paid for out of the Natural Resources (20%) and Storm Water
(80%) funds. A job/market evaluation will need to be performed to determine an appropriate
salary range.
ATTACHMENTS:
Overview Memo
Page 273 of 320

City of Shakopee
MEMORANDUM
TO: Bill Reynolds, City Administrator
Copy: Darin Nelson, Finance Director
FROM: Steve Lillehaug, City Engineer/Public Works Director
SUBJECT: Water Resources/Environmental Engineer
DATE: October 3, 2017
This memo is written to provide the background and justification that substantiates the need for
a Water Resources/Environmental Engineer position within the City of Shakopee Public Works
(PW) Engineering Department, and I respectfully ask your consideration.
In the short time that I have been here at Shakopee, I have evaluated the workload and the
existing structure to deliver the workload. While I am continuing to evaluate all PW duties and
have identified some internal adjustments that I plan to implement over the next couple of
years, I have identified an immediate need and recommendation that will streamline delivering
certain work tasks, provide better customer service, and result in substantial cost savings to the
city pertaining to water resources.
Currently, WSB is being used as the exclusive consultant for surface water resource assistance.
Most notably, WSB houses the city storm water model and their staff are well educated on the
citys storm water rules. They are currently being used as a direct extension of city staff,
performing relatively all surface water evaluation and engineering work for the city (in lieu of
any city staff member performing this work). WSBs billings associated with general storm water
work amounts to well over $100k for the 7-month period from January through July 2017.
Extrapolating for a full year, it equates to approximately $170k. (Note: This amount only pertains
to general storm water work, understanding that the city also contracted with WSB for a
substantial amount of additional work pertaining to Quarry Park, Tahpah Park, the Downtown
project, Windermere, Vierling, 4th/Shenandoah, Mill Pond dam repair and other miscellaneous
projects amounting to several hundred-thousand dollars of additional billed out work for the
same period, well beyond the $170k.)
I have not yet developed a job description for the proposed Water Resources/Environmental
Engineer, but the following is a list of tasks that would benefit by having this position:
1. MPCA MS4 NPDES permitting program requirements MS4 program requirements

are significant, take a well-trained team to stay on top of the program, and are basically
unfunded mandates. It is my opinion that the current internal system lacks the required
level of program management to ensure the city delivers and fulfills the requirements
under the citys permit. This is a significant yearlong program and there needs to be an
Page 1 of 3
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internal champion assigned as the manager. The city was recently fined $10,590 by the
MPCA for a couple of basic items that were not in place, and my evaluation of the
system shows that we are still lacking and need to improve to meet the requirements of
our permit. This new Engineer would be assigned to lead this task. Estimated 10% Full
Time Employee (FTE).
2. Development storm sewer/water resources review All of the citys stormwater and
Wetland Conservation Act review for developments are consulted out to WSB. Some
developers have even referred to WSB as if WSB is another jurisdiction when in fact they
are simply performing the review on behalf of the city. It is my opinion that there has
been a lack of ownership and clear understanding of the citys storm water requirements
internally. This new Engineer would be assigned to lead this task. It should also be noted
that we would continue needing support from a primary consultant (e.g. WSB); however,
to a much lesser extent. Estimated 15% FTE.
3. City stormwater improvement projects The majority of city stormwater water

improvement projects are consulted out to WSB. While I expect the majority of
stormwater design projects to continue to be farmed out, this position would be the
primary program manager, bringing together the issues, CIP, water resources
management plan, and working with our consultants to streamline their work and keep
them on track. Estimated 15% FTE.
4. Storm drainage issues There are many lingering storm drainage issues and complaints
that have not been addressed including negative impacts that have surfaced as part of
development improvements, minor nuisance drainage issues, longstanding drainage
issues, etc. Most of these issues are fixable and should be addressed by the city at one
level or another. This new Engineer would be assigned to spearhead fully addressing
these issues and more as they arise. Estimated 10% FTE.
5. Watershed Districts, PLOC, SMSC coordination Having three-different watershed

management jurisdictions, the PLOC, and the SMSC with each of their own water
resource management plans, improvement projects and initiatives, staff liaison duties,
etc. this is a significant task. This new Engineer would be assigned to be the primary
liaison for all stormwater and environmental matters with these multiple jurisdictions.
Estimated 15% FTE.
6. Natural resources Public Works must continue to carry on the many natural resource
initiatives and programs that were performed by the Natural Resources Technician
position that was recently eliminated. These continued tasks include: MS4 BMP surveys
and annual inspections, native plant maintenance program, water quality monitoring
program, miscellaneous grants, invasive species management, Tree City USA initiatives
(tree sale, tree planting program, diseased tree program, tree watering, tree pruning,
emerald ash borer program, etc.), conservation easement management, and other
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natural resources initiatives. This new Engineer would be the natural resources program
manager to ensure all of these tasks and initiatives continue. Estimated 15% FTE.
7. Local Water Resources Management Plan It is my goal to use the Local Water
Resources Management Plan as a working document, updating continuously and using it
as the tool to create our annual CIP pertaining to storm drainage issues and initiatives.
To meet this goal effectively, there needs to be an internal champion that is well versed
with our plan. Additionally, we are required to have our plan updated fall 2018. This new
Engineer would be assigned this task. Estimated 15% FTE.
8. City stormwater model WSB houses the citys digital storm water model. I expect WSB
to continue to house, maintain and update the citys model, but ideally, we could expand
our internal capacity to provide a lower level of technical use of the model vs. relying on
WSB to provide all services at every level. This new Engineer would be assigned to be the
liaison with WSB to maintain our model and to use the model at a lower level on the
citys end. This new Engineer would be assigned this task. Estimated 5% FTE.
The estimated FTE percentages are approximate, but demonstrate the anticipated work towards
each of these tasks. The outline above represents a workload that easily equates to a full-time
workload for a new Water Resources/Environmental Engineer.
As indicated above, it is estimated that WSB performs approximately $170k of annual general
storm water work. Going forward, it is proposed to have a better balance of project workload
using combination of internal staff (new Engineer) and consultants. Additionally, the work that
was performed by the Natural Resources Technician was budgeted for $56,500 in 2017,
understanding that a portion of these duties would be passed on to this new Engineer.
There is enough work for this position where the city would indeed experience cost savings by
hiring an internal staff member that would perform more of this work, streamlining the work
and providing better customer service as result of being within our office. My recommendation
is to fund this position 20% out of the Natural Resources Fund and 80% out of the Surface
Water Fund.
Please let me know if any questions and your consideration is greatly appreciated.
Page 3 of 3
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9.C.1.

October 17, 2017

TO: Mayor and Councilmembers
Subject:
Monthly Financial Review - September 2017
Discussion on the year-to-date General Fund revenues and expenditures along with the
Community Center and Ice Arena year-over-year operations comparison.
Recommendation:
N/A - Informational Purposes Only
Discussion:
September 2018 Review (See Attachment)
Revenue Variances (+/- 10% of 75% Target)

Taxes - Received first half taxes in June, second half payment will come in December.
Special Assessments - This remains a negative revenue amount through the first half
collection of property taxes. The negative amount is result of the payment to Republic
Services for delinquent garbage bills. The city will recoup this payment through special
assessments levied against the delinquent account holders. The second half tax
collection in December will account for the remainder of the variance with special
assessment revenues.
Licenses & Permits - Experienced another strong month in September with $205,082 of
license and permit receipts. Year-to-date revenues have exceeded the 2017 budget by
$524,000.
Intergovermental - The last couple months this line item had been below the monthly
target, but in September the city received its Police and Fire State Aid of approximately
$650,000.
Charges for Services - Recorded monthly revenue of $346,752. Contractual police
services accounted for $27,120, along with SPUC franchise fees of $176,000,
and Community Center/Ice Arena rental and programming of $91,300.
Page 277 of 320

Fines & Forfeits - Fines and forfeits revenue has exceeded the 2017 budget allotment of
$1,500. A majority of the revenues in this category come from late fees associated with
the monthly lodging tax submittals and payments related to the driving diversion
program.
Miscellaneous - Interest earning receipts are slightly higher than anticipated.
Expenditure Variances (+/- 10% of 75% Target)

Finance - is slightly above budget due to the timing of service contract payments such as
assessing and auditing services.
Engineering - is below budget due to personnel vacancies earlier in the year.
Street Maintenance - is remains slightly higher than budget due to the timing of the chip
sealing and striping contracts that amounted to approximately $410,000. The chip
sealing contract was paid in June of this year compared to September in the prior
year. In addition, the 2017 trail sealcoat and crack seal project of $68,000 was paid in
September. As the construction season nears an end, budget to actual expenditures will
begin to draw closer.
Unallocated - This division accounts for items that cannot be specifically assigned to
specific departments or divisions. Included in this division is the city's contingency
allotment of $110,000.
All other departments/divisions are within +/-10% of the September 30, 2017 target
date.
Community Center & Ice Arena Year-over-Year Comparison (See Attachment)
Ice arena revenues are at $407,751 through September 30, which is approximately $192,000
greater than this same time last year. Ice rental revenues are expected to begin ramping up as
the association hockey season has already started and will be in full operation by the end of
October.
Ice arena expenditures are remaining steady from month-to-month. As previously mentioned
we are monitoring the utility costs, as the gas and electric charges are more than originally
anticipated. The ice arena should recognize a savings in part-time salaries that will offset the
utility variance.
Community center revenues surpassed the 2017 budget back in August. We are still
anticipating a significant number of new and renewing memberships between now and the
end of the calendar year.
Page 278 of 320

Community center expenditures are running within the overall anticipated budget. The
aquatics center just came on-line in July, which will have an effect on both revenues and
expenditures. Electric charges have about doubled since about July 1, which is likely a
combination of summer cooling costs and the aquatics center opening.
Budget Impact:
No Budget Impact
ATTACHMENTS:
September 2017 Monthly Financial Report

September 2017 Community Center & Ice Arena Year-to-Year Comparison
Page 279 of 320

CITY OF SHAKOPEE
Monthly Financial Report
Di
YTD September YTD Budget Cumulative 9
vis
2017 2017 2017 Balance Percent 2016
io
Budget Actual Actual Remaining Used Actual
n
01000 - GENERAL FUND
REVENUES:
* - TAXES (16,568,400) (42,579) (8,747,103) (7,821,297) 53% (9,064,040)
* - SPECIAL ASSESSMENTS (12,000) 0 6,163 (18,163) (51)% 6,025
* - LICENSES AND PERMITS (1,683,400) (205,082) (2,207,514) 524,114 131% (2,008,439)
* - INTERGOVERNMENTAL (1,287,100) (663,838) (1,293,553) 6,453 101% (1,185,216)
* - CHARGES FOR SERVICES (4,937,400) (346,752) (4,155,978) (781,422) 84% (3,459,525)
* - FINES AND FORFEITS (1,500) (100) (2,219) 719 148% (4,699)
* - MISCELLANEOUS (213,400) (14,171) (179,747) (33,653) 84% (165,426)
TOTAL REVENUES (24,703,200) (1,272,522) (16,579,950) (8,123,250) 67% (15,881,321)
EXPENDITURES:
11 - MAYOR & COUNCIL 197,900 32,875 150,482 47,418 76% 148,949
12 - ADMINISTRATION 1,707,000 146,304 1,210,620 496,380 71% 911,240
13 - CITY CLERK 318,000 21,267 225,679 92,321 71% 213,933
15 - FINANCE 1,207,900 82,407 970,517 237,383 80% 897,935
17 - COMMUNITY DEVELOPMENT 586,800 79,963 459,987 126,813 78% 319,961
18 - FACILITIES 384,800 38,116 295,440 89,360 77% 245,055
31 - POLICE DEPARTMENT 7,980,000 603,797 5,945,186 2,034,814 75% 5,342,301
32 - FIRE 2,160,400 129,506 1,645,706 514,694 76% 1,303,606
33 - INSPECTION-BLDG-PLMBG-HTG 796,200 71,651 628,278 167,922 79% 480,753
41 - ENGINEERING 786,200 50,952 471,611 314,589 60% 452,595
42 - STREET MAINTENANCE 2,151,100 173,990 1,749,160 401,940 81% 1,394,518
44 - FLEET 435,000 26,763 303,325 131,675 70% 289,776
46 - PARK MAINTENANCE 1,936,300 152,600 1,409,938 526,362 73% 1,063,079
66 - NATURAL RESOURCES 198,000 3,440 146,209 51,791 74% 120,438
67 - RECREATION 3,190,000 262,212 2,332,973 857,027 73% 1,703,967
91 - UNALLOCATED 217,600 256 12,620 204,980 6% 9,917
TOTAL EXPENDITURES 24,253,200 1,876,097 17,957,731 6,295,469 74% 14,898,023
OTHER FINANCING #
* - TRANSFERS IN (250,000) 0 (250,000) 0 100% # (250,000)
* - TRANSFERS OUT 700,000 0 700,000 0 100% # 2,100,000
OTHER FINANCING TOTAL 450,000 0 450,000 0 100% # 1,850,000
FUND TOTAL 0 603,576 1,827,781 (1,827,781) # 866,702
Key
Varies more than 10% than budget positively
Varies more than 10% than budget negatively
Within 10% of budget
Page 280 of 320

COMMUNITY CENTER BUDGET TO ACTUAL
Sep YTD Sep YTD Sep YTD Sep YTD
Business Budget
Actual Actual Actual Actual Year
Unit 2017
2016 2017 Year Variance Variance %
0673 - ICE ARENA
REVENUES (657,500.00) (215,426.29) (407,751.42) (192,325.13) 89.28
WAGES AND BENEFITS 286,000.00 121,119.35 183,495.21 62,375.86 51.50
OPERATING EXPENDITURES 391,350.00 130,482.48 325,132.61 194,650.13 149.18
0673 - ICE ARENA 19,850.00 36,175.54 100,876.40 64,700.86 178.85
0674 & 0678 - COMMUNITY CENTER

REVENUES (385,900.00) (177,124.17) (463,607.77) (286,483.60) 161.74
WAGES AND BENEFITS 566,100.00 339,593.41 421,840.95 82,247.54 24.22
OPERATING EXPENDITURES 455,300.00 232,767.80 320,132.25 87,364.45 37.53
0674 & 0678 - COMMUNITY CENTER 635,500.00 395,237.04 278,365.43 (116,871.61) (29.57)
Page 281 of 320

10/12/2017 11:03:08 AM Page 1 of 1
10.A.

October 17, 2017
FROM: Darin Nelson

Subject:
City Bill List
None
Recommendation:
Informational Only
Discussion:
Attached is the most recent monthly Financial Report for the General fund. These reports
reflect the expenditures as recorded for 2017 activity. The following transactions are notable
for this reporting cycle:
Rosenbauer Minnesota LLC requested payment for 2 fire truck chassis, $498,566.00.
RJM requested pay voucher #21 for the Community Center/Ice arena project
$464,206.91 and pay voucher #1 for the Shakopee Downtown Improvements project,
$37,150.95.
Towmaster,Inc requested payment for snow plow hook system accessories $123,901.00.
Included in the check list are various refunds, returns, and pass through.
Budget Impact:
Operating and capital expenditures within the 2017 budget
ATTACHMENTS:

Council Check Summary
Page 282 of 320

Council Check Register
Bill List Transfer
Page 283 of 320

CITY OF SHAKOPEE
Di YTD October YTD Budget October YTD
vis 2017 2017 2017 Balance Percent 2016
io Budget Actual Actual Remaining Used Actual
01000 - GENERAL FUND
EXPENDITURES:
11 - MAYOR & COUNCIL (197,900) (107) (150,482) (47,418) 76% (156,335)
12 - ADMINISTRATION (1,707,000) (63,500) (1,214,513) (492,487) 71% (1,105,159)
13 - CITY CLERK (318,000) (10,494) (226,105) (91,895) 71% (245,937)
15 - FINANCE (1,207,900) (23,217) (975,651) (232,249) 81% (1,001,633)
17 - COMMUNITY DEVELOPMENT (586,800) (42,820) (483,008) (103,792) 82% (375,837)
18 - FACILITIES (384,800) (24,166) (295,815) (88,985) 77% (286,590)
31 - POLICE DEPARTMENT (7,980,000) (307,226) (5,949,306) (2,030,694) 75% (6,383,025)
32 - FIRE (2,160,400) (294,183) (1,655,801) (504,599) 77% (1,741,416)
33 - INSPECTION-BLDG-PLMBG-HTG (796,200) (32,280) (630,936) (165,264) 79% (556,135)
41 - ENGINEERING (786,200) (22,611) (472,217) (313,983) 60% (524,927)
42 - STREET MAINTENANCE (2,151,100) (34,555) (1,750,192) (400,908) 81% (1,584,442)
44 - FLEET (435,000) (14,248) (303,445) (131,555) 70% (348,432)
46 - PARK MAINTENANCE (1,936,300) (66,519) (1,410,638) (525,662) 73% (1,315,862)
66 - NATURAL RESOURCES (198,000) (2,337) (146,209) (51,791) 74% (129,535)
67 - RECREATION (3,190,000) (129,381) (2,335,938) (854,062) 73% (1,963,025)
91 - UNALLOCATED (217,600) (299) (12,735) (204,865) 6% (20,090)
TOTAL EXPENDITURES (24,253,200) (1,067,944) (18,012,988) (6,240,212) 74% (17,738,380)
Key
Varies more than 10% than budget positively
Varies more than 10% than budget negatively
Within 10% of budget
Page 284 of 320

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FundstransferredelectronicallyOctober4,2017toOctober17,2017
PAYROLL $ 280,585.45
FIT/FICA $ 92,712.39
STATEINCOMETAX $ 18,945.04
PERA $ 87,148.96
HEALTHCARESAVINGS $ 13,103.73
HEALTHSAVINGSACCT $5,733.69
NATIONWIDEDEFCOMP $ 13,295.10
ICMADEFERREDCOMP $ 1,557.14
MSRS $ 3,564.03
FSA $ 670.33
MNWAGELEVY $
Total $ 517,315.86
Page 319 of 320

10.B.

October 17, 2017
FROM: Lori J. Hensen, City Clerk

Subject:
Liaison and Administrator Reports
None
Recommendation:
Discussion:
Budget Impact:
Page 320 of 320

Agenda 2017 10 17 Meeting

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Informasi Dokumen

Judul Asli

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Opsi Berbagi

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Agenda 2017 10 17 Meeting

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Shakopee City Council

October 17, 2017

Shakopee Mission Statement

Mayor Bill Mars presiding

Shakopee City Council

FROM: Andy Hutson, IT Director

Shakopee City Council

FROM: Lori J. Hensen, City Clerk

October 03, 2017

Mayor Bill Mars presiding

Councilmember Jay Whiting made a motion to approve the agenda, seconded by

B. Planning and Development

*4. D.2. *Drainage and Utility Easement Encroachment Agreements

5. RECOGNITION OF INVOLVED CITIZENS BY CITY COUNCIL - Provides an

Councilmember Matt Lehman made a motion to approve resolution 7936, a

Shakopee City Council

FROM: Mark Noble, Senior Planner

Board of Adjustment and Appeals Recommendation

16. Applicant is to provide to City an earthwork quantity calculation, to be completed by a

18TH AVE. E. Look Out Lower Level (7)

Walkout Lower Level (117)

0 100 200 400

2013 reclamation area 100 MINING SETBACK 2013 Earthwork Calculation

total imported material

100 MINING SETBACK

SHAKOPEE GRAVEL INC 2013 Mining, Reclamation and Mitigation

2014 reclamation area

active mining area

total imported materials:

52,036 yds / 70,249 tons

Area 2013 Pit Edge

2013 Pit Edge

Future Mining Area

100 MINING SETBACK

SHAKOPEE GRAVEL INC. 2014 Mining, Reclamation and Mitigation

2015 reclamation area

active mining area

total imported materials:

158,338 yds / 213,756 tons

2015 Pit Edge

2015 2014 Pit Edge

100 MINING SETBACK

SHAKOPEE GRAVEL INC. 2015 Mining, Reclamation and Mitigation

2016 reclamation area

total imported materials:

376,687 yds / 508,527 tons

2015 Pit Edge

100 MINING SETBACK

SHAKOPEE GRAVEL INC. Mining, Reclamation and Mitigation

Shakopee City Council

FROM: Mark Noble, Senior Planner

Adjacent Zoning: North: Agricultural Preservation (AG) Zone

Criteria #1 That the original Zoning Ordinance is in error;

Criteria #4 That the comprehensive plan requires a different provision.

Ordinance No. 973

AN ORDINANCE OF THE CITY OF SHAKOPEE, MINNESOTA,

WHEREAS, the property is legally described as:

Criteria #1 The original zoning ordinance is in error.

Criteria #3 Significant changes in development patterns have occurred.

Criteria #4 The Comprehensive Plan requires a different provision.

Lori Hensen, City Clerk

RE: 1395 Wood Duck Trail September 27, 2017

Comments from the Neighborhood:

4. D.2. Drainage and Utility Easement Encroachment Agreements