HomeMy WebLinkAboutJanuary 09, 2001 TENTATIVE AGENDA
ADJ. REG. SESSION SHAKOPEE, MINNESOTA JANUARY 9, 2001
LOCATION: 129 Holmes Street South
Mayor Jon Brekke presiding
1]
Roll Call at 5:00 p.m.
2]
Pledge of Allegiance
3]
Approval of Agenda
4]
Discussion Items
A] Discussion of Proposal for Operation of Murphy's Lancing by Hennepin Parks
R1 Review of Scott Comprehensive Plan (6:00 p.m.)
C] Review of Prior Lake Outlet Channel Feasibility Analysis Improvements
(6:30 p.m.)
D] Consideration of Workshop Date to Discuss Street Width Issue (6:55 p.m.)
5] Other Business
6] Adjourn (7:00 p.m.) to Tuesday, January 16, 2001 at 7:00 p.m.
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TO: Mayor and City Council
FROM: Mark McNeill, City Administrator
SUBJECT: Agreement — Hennepin Parks/Murphy's Landing
DATE: January 4, 2001
The Council is asked to consider an agreement that would provide for the operation of
Murphy's Landing by the Suburban Hennepin Regional Park District (Hennepin Parks).
At its meeting of November 21, 2000, the City Council heard a concept proposal by
Murphy's Landing Executive Director Dennis Kelly, about the potential for the operation
of Murphy's Landing by Hennepin Parks. The Council indicated that it was interested,
and directed that negotiations take place, so that the concept could be discussed in more
detail at the workshop meeting on January 9
Since then, staff has met with Murphy's Landing and Hennepin Parks representatives to
discuss what might be involved.
Initially, a 99 -year lease was explored, with the provision that if the City choose not to
renew the contract after the initial term, reimbursement would be made to the City to
Hennepin Parks for the value of the improvements made during that time. However,
Hennepin Parks is not comfortable with a lease, and therefore as an alternative, an
operating agreement is being negotiated, which would involve a transfer by deed.
City Attorney Jim Thomson and Jeff Brauchle, Hennepin Parks attorney, have discussed
this arrangement. The key points that are proposed to be included in such an agreement
are attached, as well as is a draft of the agreement. The Park District has not yet had the
opportunity to review the proposed operating agreement, so it is possible that they will
have comments on it that will need to be discussed with the City Council. In summary,
the current lease with the Minnesota Valley Restoration Project would be terminated, and
the City would convey the property to Hennepin Parks. However, the deed would
contain a provision stating that the ownership would revert to the City if the Park District
"fails to operate a living history museum that preserves and interprets 19 century life in
the Minnesota River Valley."
There are still operational issues to be worked out, as well as the treatment of the $60,000
long term debt that Murphy's Landing has incurred. However, the Council is asked to
indicate whether it is comfortable with the key elements of this agreement as proposed.
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From the City's and County's standpoint, Hennepin Parks would seem to be a good
solution for some ongoing problems with Murphy's Landing. As the Council is well
aware, the Murphy's Landing operating costs have been difficult to cover, but a more
important issue is the need for an infusion of cash to preserve and maintain the buildings
that are there currently. Without a significant increase from other sources, it would likely
be up to the City and County to fimd a way to fund these badly needed maintenance items.
From the City's standpoint, transfer to Hennepin Parks would eliminate the need to
provide snowplowing, grass maintenance, and other in -kind services, which we estimate
are valued at about $30,000 annually. From the County's standpoint, the annual
appropriation that is currently earmarked for Murphy's Landing would be rolled into a
larger agreement with Hennepin Parks for the operation of other park facilities in Scott
County.
Hennepin Parks has experience with operating a facility such as this, and they can utilize
the existing Murphy's Landing staff. While Hennepin Parks does charge for admission to
their facilities, so does Murphy's Landing, as it currently operates.
This information was provided to Hennepin Parks and Murphy's Landing on Thursday,
January 0. Therefore, it is probable that their comments will not be received prior to the
workshop meeting.
ETQ I 1
The Council should discuss the key parts of the agreement, and give direction to staff as
to what, if any conditions it wishes to include in an operating agreement.
Mark McNeill
City Administrator
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KEY POINTS OF AGREEMIENT BETWEEN
CITY OF I. AND
; HENNEPIN 1 DISTRICT
LANDING WITH RESPECT TO MURPHY'S
• City would convey the property to the Park District. The Deed would contain a provision
stating that ownership of the property would automatically revert to the City if the Park
District fails to operate a living history museum that preserves and interprets nineteenth
century life in the Minnesota River Valley.
• The current lease with Minnesota Valley Restoration Project, Inc., which is scheduled to
expire on February 28, 2002, would be terminated. Hennepin Parks and/or Minnesota
Valley Restoration, Inc. would be responsible for any existing debt. The City will not
have any responsibility for such debt.
• The City and the Park District would enter into an Operating Agreement setting forth the
rights and obligations of the Park District with respect to the use, ownership, operation,
and maintenance of the property. A draft of the Operating Agreement has been sent to
the Park District, but they have not had the opportunity to review and comment on it.
• The proposed Operating Agreement would provide that the property must be used solely
and exclusively to own, operate, and maintain a living history museum and exhibits that
preserve and interpret nineteenth century life in the Minnesota River Valley. Hennepin
Parks would not be allowed to use the property for any activities or events that do not
further or promote such uses or that are inconsistent or incompatible with such uses.
Hennepin Parks would be obligated under the proposed Operating Agreement to submit a
master plan to the City showing, among other things, the current and proposed uses,
structures, and improvements on the property. These uses must be consistent with the
permitted use of the property. The City would have the opportunity to review, comment
upon, and approve the Master Plan. Any development on the property would need to be
consistent with the approved Master Plan and any changes to the Master Plan would need
to be approved by the City. Hennepin Parks would be obligated to comply with all
applicable federal, state, or local regulations pertaining to the property. Hennepin Parks
would not be allowed to assign or transfer its interest in the property to any other party
without the prior written consent of the City.
The proposed Operating Agreement would specifically prohibit any residential,
commercial, or industrial development on the property, except as otherwise allowed in
the master plan
If Hennepin Parks fails to comply with the operating agreement, title to the property and
any improvements or structures on it would automatically revert to the City.
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04 IN 1 0 W 0 0 MEMO 11
(1/6/2001 T)
This Agreement is entered into as of
2001, by and between the City of
Shakopee, a municipal corporation ( "City ") and Suburban Hennepin Regional Park District, a
political subdivision of the State of Minnesota ( "Park District ").
A. The City is the owner of real property located in the City of Shakopee legally
described on Exhibit A and depicted on Exhibit B ( "Property "). The Properly is commonly known
as Murphy's Landing.
B. Minnesota Valley Restoration Project, Inc., d/b /a Murphy's Landing currently
occupies the Property pursuant to a three -year lease with the City that expires on February 28, 2002.
C. The Park District desires to own the Property to operate a living history exhibition,
museum and related uses that preserve and interpret Nineteenth Century life in the Minnesota River
Valley. The City is desirous of allowing the Park District to use the Property for such purposes.
D. Simultaneously with entering into this Agreement, the City and the Park District will
enter into a purchase agreement by which the City has agreed to convey the Property to the Park
District. That agreement provides that ownership of the Property shall revert to the City if the Park
District ceases to use the Property for the operation of a living history museum that preserves and
interprets Nineteenth Century life in the Minnesota River Valley.
E. Minnesota Valley Restoration Project, Inc. and the City are willing to terminate the
lease to allow Hennepin Parks to assume ownership, operation, maintenance and use of the Property
in accordance with the terms of this Agreement.
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F. The City and the Park District desire to enter into this Agreement setting forth the
rights, responsibilities and obligations of the Parties with respect to the use, ownership, operation
and maintenance of the Property.
NOW THEREFORE, in consideration of the mutual promises and covenants set forth in this
Agreement, and for other good and valuable consideration, the receipt and sufficiency of which are
expressly acknowledged by the parties, the City and the Park District agree as follows:
1. Use of the Property Hennepin Parks shall use the Property solely and exclusively
for the improvement, operation and maintenance of a living history museum and exhibits that
preserve and interpret Nineteenth Century life in the Minnesota River Valley. Hennepin Parks shall
not use the Property and shall not perform or allow others to perform any activities or events on the
Property that are inconsistent, incompatible with such uses or which do not promote or further such
uses. Hennepin Parks shall not construct or install, or allow others to construct or install, any
facilities, buildings, structures or improvements on the Property that are inconsistent or
incompatible with such uses or which do not further or promote such uses.
2. Prohibited Uses a Activities Hennepin Parks shall not subdivide all or any
portion of the Property for any residential, commercial, or industrial development or uses.
Hennepin Parks shall not subdivide, either legally or physically, the Property for any other reason
without the expressed written approval of the City. Hennepin Parks shall not engage in any
commercial or industrial activity on the Property or in the exploration or extraction of soil, sand,
gravel, rock, minerals, hydrocarbons or any other natural resource on or from the Property, except
as set forth in the master plan required by Section 3 of this Agreement. Hennepin Parks shall not
grant rights -of -way, easements, or any other property interest in the Property without the expressed
written approval of the City.
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3. Master Plan Hennepin Parks shall prepare and submit to the City Council for its
review and approval an overall master plan showing, among other things, the current and proposed
uses, structures, improvements, and operations on the Property consistent with the Permitted Uses
and Activities set forth in paragraph 1 of this Agreement. The master plan shall be submitted to the
City by . The City shall have up to 120 days after submission of the plan to
review, comment upon, and approve the master plan. Any development on the property must be
consistent with the approved master plan. Any changes to the master plan after it has been
approved by the City Council must be submitted to the City for review and approval. The City may
not unreasonably withhold approval to such changes.
4. Utility Systems Hennepin Parks shall not install new utility systems or extensions
of existing utility systems on the Property including, but not limited to, water, sewer, power, fuel,
and communications lines and related facilities without the prior written approval of the City and
only as needed to serve a building and improvements that are permitted to be constructed by the
terms of this Agreement.
5. Soil and Water Depravation Hennepin Parks shall not engage in any activities or
uses that cause or are likely to cause soil depravation, erosion, or water pollution either on the
surface of the Property or underground.
6. Waste Removal Hennepin Parks shall not dump or dispose refuse or other waste
on the Property. All refuse or other waste generated by the Park District's operation, maintenance
and use of the Property shall promptly be removed from the Property.
7. Ownership and Maintenance Hennepin Parks has the sole and exclusive
obligation of ownership use, and maintenance of any improvements, buildings, or structures on the
Property.
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8. Compliance with Laws and Regulations Hennepin Parks shall not do or allow
others to do anything upon the Properly that will cause injury to the Property or would violate any
insurance requirement or any zoning, building, health, safety, environmental or any law, regulation
or ordinance of any federal, state, or local unit of government or agency that has jurisdiction over
the Property.
9. Title to Improvements Hennepin Parks shall have the right to construct buildings,
improvements, and structures on the Property that are consistent with and further the permitted uses
and activities set forth in paragraph 1 of this Agreement. Hennepin Parks shall have the right to
bring onto the Property improvements, structures, or buildings relocated from other locations. All
structures, improvements, and buildings currently located on the Property or constructed or
relocated on to the Property by Hennepin Parks shall be owned by Hennepin Parks.
10. Insurance and Casualty
(a) Hennepin Parks will maintain the following insurance on the Property, which
insurance shall be written by companies legally qualified to issue such insurance;
(i) Property insurance on all improvements located on the Property for
the replacement value of such improvements to insure against such risks as shall be
insurable against under present or future forms of "All Risk" or "Special Form"
property insurance policies which are standard for use in the State of Minnesota; and
(ii) Flood insurance on all improvements located on the Property if
located within a Federally designated floodplain; and
(iii) Commercial liability insurance to insure against claims for bodily
injury, death, personal injury or property damage occurring on, in or about the
Property with a combined single limit in such amount as may be reasonably required
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by City. Such coverage may consist of primary and excess coverage and shall be
noncontributing with any insurance that may be carried by City; and
(iv) Workers' compensation insurance to the extent required by the laws
of Minn esota.
(b) Every policy referred to in this Section -shall provide that it will not be canceled,
modified or amended except after 30 days' written notice to City and that it shall not be invalidated
by any act or negligence of City, Hennepin Parks, or any person or entity having an interest in the
Property, nor by occupancy or use of the Property for purposes more hazardous than permitted by
such policy, nor by any foreclosure or other proceedings relating to the Property, nor by change in
title to or ownership of the Property and may include a waiver by the insurer of all rights of
subrogation against any named insured.
(c) Except for the negligent or intentional acts of City, its agents, officers, or employees,
Hennepin Parks shall indemnify, save, hold harmless and, at the City's option, defend the City, its
agents, employees and officers from and against any and all liability, liens, claims, demands,
damages, expenses, fees (including reasonable attorneys' fees) costs, fines, penalties, suits,
proceedings, actions and causes of action of any and every kind and nature arising or growing out of
or in any way connected with this Agreement or Hennepin Parks' use, occupancy, management or
control of the Premise.
11. Maintenance Hennepin Parks shall, at its own cost and expense, maintain and
keep the Properly in good repair and in a clean and orderly condition.
12. Liens and Debt The City shall not be responsible for any current or future liens,
debts, or any other financial obligation of Hennepin Parks or Minnesota Valley Restoration Project,
Inc. with respect to the Property or to any improvements, structures, or buildings on the Property.
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13. Assignment Hennepin Parks shall not assign this Agreement, or any portion of it,
nor assign or transfer any interest in the Property to any other parry without the prior written consent
of the City. The City reserves the right in its sole discretion to decide whether to approve any such
assignment.
14. Default Any breach of this agreement by the Park District shall constitute and event
of default. Hennepin Parks shall have 30 days after the City has provided Hennepin Parks with
written notice of an event of default in which to cure such default. If Hennepin Park fails to cure
such default, the City may exercise any remedies set forth in this Agreement or any other remedy
permissible at law or as equity.
15. Remedies. If an event of default occurs and Hennepin Parks has not cured the
default in accordance with the Agreement, the City may immediately provide Hennepin Parks with
a written notice of termination of this Agreement. Upon the giving of such notice, this Agreement
shall expire and terminate on the date provided for in the notice. Upon termination of this
Agreement, all right, title and ownership of the Property, including all improvements, buildings and
structures on the Property, shall immediately revert to the City free and clear of any liens, debts, or
other financial obligations.
16. Contingencies. The City's and the Park District's obligations under this Agreement
are subject to and contingent upon the following conditions:
a. The successful recording of a deed by which the City conveys the
Property to the Park District; and
b. The successful cancellation of the lease between the City and Minnesota
Valley Restoration Project, Inc.
17. Miscellaneous Teams
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(a) Time Time is of the essence of this Agreement with respect to the performance of
its terms, covenants and conditions.
(b) Full Agreement This Agreement embodies the full and complete agreement and
understanding between the parties. This Agreement supersedes and replaces any prior agreements
and understandings between the parties, either oral or written.
(c) Amendments and Modifications None of the covenants, terms or conditions of this
Agreement, to be kept and performed by either party, shall in any manner be altered, waived,
modified, changed or abandoned except by a written instrument, duly signed and delivered by both
parties.
(d) Governing Law This Agreement shall be construed for all purposes in accordance
with and governed by the laws of the State of Minnesota, without giving effect to its conflict of law
rules.
(e) Headings The marginal or topical headings of the several articles, paragraphs and
clauses are for convenience only, and are not to be construed as part of this Agreement and do not
define, limit or construe the contents of this Agreement.
(f) Severability of Provisions If any term or provision of this Agreement or the
application thereof to any person or circumstance shall to any extent be invalid or unenforceable, the
remaining terms and provisions shall not be affected thereby, and each term and provision of this
Agreement shall be valid and be enforced to the fullest extent permitted by law.
(g) Covenants Binding on Successors All of the covenants, agreements, conditions and
undertakings contained in this Agreement shall extend and inure to and be binding upon the
successors and assigns of the respective parties hereto, the same as if they were in every case
specifically named, and wherever in this Agreement reference is made to either of the parties, it
shall be held to include and apply to, wherever applicable, the successors and assigns of such Party.
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W) No Third -Party Beneficiaries There are no third -party beneficiaries to this
Agreement, either express or implied. Nothing herein contained shall be construed to grant or confer
upon any person or persons, firm, corporation or governmental authority, other than the parties
hereto, their successors and assigns, any right, claim or privilege by virtue of any covenant,
agreement, condition or undertaking contained in this Agreement.
(i) Acknowledgment The parties hereto acknowledge and represent that they have had
the opportunity to be represented by legal counsel of their choosing in connection with their
consideration and execution of this Agreement. The parties further represent and declare that in
executing this Agreement, they have relied solely on their own judgment, belief and knowledge, and
that they have not been influenced to any extent by any representations or statements made by the
other party or their counsel, except those expressly stated in this Agreement.
0) Drafting of Agreement This Agreement is the product of negotiations between the
parties. As such, the Agreement shall not be construed against one party or another merely because
one party drafted some or all of this Agreement.
(k) Counterparts This Agreement may be executed in any number of counterparts, all
of which will be considered one and the same Agreement notwithstanding that all parties hereto
have not signed the same counterpart. Signatures on this Agreement which are transmitted by
facsimile shall be valid for all purposes. Any party shall, however, deliver an original signature on
this Agreement to the other party upon request.
(1) Waiver No waiver by either party of any breach of any term, covenant or condition
hereof shall be deemed a waiver of the same or any subsequent breach of the same or any other
term, covenant or condition. No covenant, term or condition of this Agreement shall be deemed
waived unless waived in writing.
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(m) Relationship of Parties Nothing contained in this Agreement shall be deemed or
construed by the parties, or by any third party, as creating the relationship of principal and agent,
partnership, or joint venture, it being understood and agreed that no provision contained in this
Agreement nor any acts of the parties shall be deemed to create any relationship between the parties
other than as contracting parties.
(n) Force Majeure If either party hereto shall be delayed or hindered in or prevented
from the performance of any act required hereunder by reason of strikes, lockouts, labor troubles,
inability to procure material, failure of power, restrictive governmental laws or regulations, riots,
insurrection, war, acts of God or other deities, or other reason of a like nature not the fault of the
party delayed in performing work or doing acts required under this Agreement, the period for the
performance of any such act shall be extended for a period equivalent to the period of such delay.
(o) Notices All notices to or demands upon a party desired or required to be given
under any of the provisions of this Agreement shall be written and sent by registered or certified
mail, return receipt requested, postage pre -paid or by an express mail delivery service, addressed to
the person intended to be notified at the following address:
If to City: City of Shakopee
129 S. Holmes Street
Shakopee, MN 55379
Attention: City Administrator
If to Hennepin Parks: Suburban Hennepin Regional Park District
12615 County Road 9
Plymouth, MN 55441
Attention: Director of Administration
Any party may, at any time, or from time to time, notify the other party in writing of a substitute
address for that above set forth, and thereafter notices shall be directed to such substitute address.
Notice given as aforesaid shall be sufficient service thereof and shall be deemed given as of the date
received, as evidenced by the return receipt of the registered or certified mail or the express mail
JJT- 191422vl 9
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delivery receipt, as the case may be. The effective date of any mailed notice shall be three (3)
business days after delivery of the same to the United States Postal Service and the effective date of
any courier service notice shall be as shown on the courier service's receipt.
(p) Numbe and Gender The use herein of a singular term shall include the plural and
use of the masculine, feminine or neuter genders shall include all others.
(q) Authori . The parties each represent and warrant to each other that all consents or
approvals required of third parties, including, but not limited to the City Council and the Hennepin
Parks Board, for the execution, delivery and performance of this Agreement have been obtained and
that each parry has the right and authority to enter into and perform the covenants contained in this
Agreement, and that this Agreement is binding upon each parry in accordance with its terms.
CITY OF SHAKOPEE
This document drafted by:
Kennedy & Graven (JJT)
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By
Jon Brekke
Its Mayor
By
Mark McNeill
Its City Administrator
By
Judith Cox
Its City Clerk
SUBURBAN REGIONAL PARK DISTRICT
By
James Deane, Chair
By
Douglas J. Bryant, Superintendent
And Secretary to the Board
10
470 Pillsbury Center
200 South Sixth Street
Minneapolis, MN 55402
612/337 -9300
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CITY OF SHAKOPEE
Memorandum
TO: Mayor and City Council
FROM: Mark McNeill, City Administrator
SUBJECT: Murphy's Landing/Hennepin County Parks
DATE: November 16, 2000
The Council is asked to concur with a proposal that would have the Suburban Hennepin
Regional Parks District (Hennepin Park) operate Historic Murphy's Landing.
Murphy's Landing has been managed by the Minnesota Valley Restoration Project since
it was incorporated in February 1972. Murphy's Landing is on property which is owned
by the City of Shakopee, and which is leased to the MVRP, doing business as Murphy's
Landing. The current lease terminates February 28, 2002. There are options to renew.
The City provides in -kind services, including maintenance of the private wells at
Murphy's Landing, snowplowing, mowing, and parking lot maintenance.
Over the years, Murphy's Landing has run in cycles regarding its financial viability.
Recently, negotiations were started between representatives of Murphy's Landing, and
Hennepin Parks. The proposal is that Hennepin Parks would operate Murphy's Landing
as a living history museum, and would be prepared to make a substantial investment in
preservation and maintenance of the property's historical buildings and artifacts. (Due to
a lack of funding, several of the buildings at Murphy's Landing which are need of
renovation, have not been able to have work done.)
In this partnership, Murphy's Landing staff would assist Hennepin Parks in operating
Grimm's Farm, a property owned by Hennepin Parks in the western metropolitan area, as
a working farm from the 1870's era.
Executive Director Dennis Kelly and his Board are interested in pursuing this. It would
allow Murphy's Landing to continue to be operated as a cultural asset for Shakopee and
the region, while at the same time obtaining a badly needed infusion of cash to assist in
preservation and operating expenses. Current staff at Murphy's Landing would become
employees of Hennepin Parks, rather than the Minnesota Valley Restoration Project.
Conditions: In a potential agreement, the following items are being contemplated:
1. Hennepin Parks will be responsible for all operations, maintenance, and
development of Murphy's Landing.
2. Hennepin Parks will enter into a lease agreement with the City of Shakopee
similar to the current agreement with the Minnesota Valley Restoration Project.
This would mean that the current lease with Murphy's Landing would need to be
voided.
3. The lease agreement would guarantee control of Murphy's Landing for Hennepin
Parks as long as it is operated for the public good as a living history museum.
4. The Minnesota Valley Restoration Project, Inc., will relinquish its lease and turn
over all buildings, artifacts, and other assets to Hennepin Parks.
5. Scott County will continue to fund Murphy's Landing at the current level of
$120,000 per year. The County Board has not formally considered this option.
6. The long -term debt of Murphy's Landing, now at $60,000 will need to be
addressed. Several options are being considered, ranging from Hennepin Parks
paying off the amount in full, to a private fund raising to pay off the debt.
Specifics on the above items are still being negotiated.
The City would still maintain the current level of operations as it does now — mowing,
snowplowing, and the like. Future City involvement with grants for improvements would
need to be negotiated.
The City Council is being asked to endorse the concept. If approved by all parties
(Hennepin Parks, Minnesota Valley Restoration Project, and the City), new lease
agreements would be needed.
There has been no consideration by Hennepin Parks of the current ®HEC proposal.
Hennepin Parks would need to be brought into that discussion.
1 / 1
If the Council concurs with the idea, it should direct staff to advise representatives of
Murphy's Landing and Hennepin Parks that it endorses the concept, and that it would
direct staff to draw up a new lease agreement at the appropriate time.
Mark McNeill
City Administrator
MM:th
CC: Dennis Kelly
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CITY OF SHAKOPEE
Memorandum
TO: Honorable Mayor and City Council
Mark McNeill, City Administrator
FROM: R. Michael Leek, Community Development Director
SUBJECT: Scott County 2020 Comprehensive Plan Update
MEETING DATE: January 9, 2001
On December 19, 2000 the Scott County Board conditionally approved the plan update for
concurrent distribution to the Metropolitan Council and local governmental units. Comments are
due by February 3, 2001, but in transmitting the plan response by January 31, 2001 is encouraged.
(See December 21, 2000 letter from Michael Sobota). Staff has previously submitted comments
by letter dated November 28, 2000, a copy of which is attached for the Council's information as
well.
Michael Sobota, Scott County Community Development Director, will be in attendance at the
workshop to present the plan update, and to discuss it with the City Council. Also attached for
the Council's information are copies of the following;
• The Proposed Land Use Plan Map
® 2000 [Roadway] Jurisdictional Issues Map
• 2000 Roadway System Issues Map
• 2000 5 -year CIP Map
1 1 �
Council is asked to provide Mr. Sobota with input regarding the draft Scott County Plan Update,
and city staff with further direction regarding formal, written comment that should be submitted
on its behalf.
R. Michael Leek
Community Development Director
a Acc\2001 \ScottPlan. doc
r
December 21, 2000
SHAKOPEE, MN 55379-
(612) 496 -8353 Fax: (612)
Mark McNeill
Shakopee City Administrator
Shakopee City Hall
129 Holmes St S
Shakopee MN 5379 -1351
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`F n o o
We are pleased to submit Scott County's 2020 Comprehensive Plan Update for your review
and comment. The Plan represents a major update of the 1996 Scott County Comprehensive
Plan and the 1996 Scott County Transportation Plan. On December 19, 2000, the Scott
County Board of Commissioners conditionally approved the Plan for concurrent submittal to
the Metropolitan Council and adjacent governmental units.
We have distributed this Plan to the following entities:
• Adjacent Counties: Carver, Sibley, Le Sueur, Dakota, Hennepin, Rice
• Cities Within Scott County and Adjacent. Shakopee, Savage, Prior Lake, New Prague,
Jordan, Belle Plaine, New Market, Elko, Lakeville, Bloomington, Eden Prairie, Chaska,
Carver, Burnsville and Eureka Township in Dakota County
• School Districts: Burnsville 191, Lakeville 194, Belle Plaine 716, Jordan 717, Prior Lake -
Savage 719, Shakopee 720, New Prague 721, Le Sueur- Henderson 734
• Watershed Districts: Prior Lake -Spring Lake, Lower Minnesota River Watershed District
State Statute provides for a 60 -day review period for the entities listed above. We would
appreciate and encourage comments and responses to this Plan. Planning staff members are
available to answer any questions you may have. If you do not have any responses or
comments, please send back the attached form indicating this. Responses are due by
February 23, 2001, but would appreciate comments by January 31, 2001.
If you have any questions or would like further information, please contact the Scott County
Planning Department at 952- 496 -8353.
Sincerely,
e
chael Sobota
Community Development Director
An Equal Opportunity/Safety Aware Employer
We would appreciate and encourage comments and responses to this Plan.
Responses are due by February 23, 2001, but would appreciate comments by
January 31, 2001.
❑ We have attached comments regarding the Scott County Comprehensive Plan
❑ We do not have any comments at this time.
REPRESENTING:
SEND COMMENTS OR REPLY TO:
Michael Sobota
Scott County Community Development Director
200 Fourth Avenue West
Shakopee, MN 55379 -1220
Phone: 952- 496 -8344
Fax: 952- 496 -8655
Email: msobotardco.scon.mn.us
An Equal Opportunity /Safety Aware Employer
ti •
November 28, 2000
Attention: Michael Sobota
Community Development Director
Scott County
Scott County Planning Advisory Commission
Scott County Board
Dear Michael
This letter is submitted as a follow -up to our exchange yesterday, and for inclusion in the
public comment record for the 2020 Scott County Comprehensive Plan Update.
I want to personally commend you, your staff, the Planning Advisory Commission, and
the County Board for its hard work in moving forward with this plan update. I am well
aware what a daunting task such an effort can be, and have been impressed by your
efforts to solicit input from the public and the Scott County cities. I personally appreciate
the opportunity to participate in the process.
As you are probably aware, the City of Shakopee has recently reactivated discussions
with the Jackson Township board about annexation. City and township officials have
scheduled discussions for both December and January. It appears to me that a couple of
land use designations on the draft land use plan map have the potential to adversely affect
the course of these ongoing discussions.
First, is the "commercial reserve" corridor identified on the south side of STH 169. I,
and I believe the Shakopee City Council, would agree with the concept of protecting this
area from rural residential development for the time being. However, I am concerned
that the commercial reserve designation may build an expectation that when annexed this
area would be zoned and developed as commercial land. This would largely be in
conflict with current and proposed Shakopee and Jackson Township planning documents.
It would also be inconsistent with the planning principles adhered to by the Shakopee
City Council, i.e. the development of discrete commercial areas that do not compete with
one another.
Second is the very large commercial/industrial corridor along STH 169. I have two
concerns about the identification of this corridor. This designation could also have an
impact on the course of annexation discussions between the City of Shakopee and
CONIIv1UN PRIDE SINCE 1857
129 Holmes Street South • Shakopee, Minnesota • 55379-1351 •9524 -3650 • FAX 95240-6?13
industrial addition, I wonder if enough analysis has been done to determine the fliture need for such
a large corridor in the township areas, especially in fight of the pace of commercial and
development in the C• eight
I would request that you, the Commission and/or the Board review these designations,
and consider revising them in the final plan update when it is adopted. If you want to
discuss this letter or the related concerns, feel free to call me.
Ve ly ours,
R. Michael Leek
Community Development Director
/CC. Mark McNeill, City Administrator
DD. Jon Brekke, Mayor
EE. Robert Sweeney, Councilor
FF. 2000 Correspondence File
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CITY OF SHAKOPEE
Memorandum
TO: Mayor & City Council
Mark McNeill, City Administrator
FROM: Bruce Loney, Public Works Director
SUBJECT: Discussion on Prior Lake Outlet Channel Feasibility
Study Analysis
DATE: January 9, 2001
F1 09 1 1 aI Is]►
Attached to this memorandum is a Prior Lake Outlet Channel feasibility analysis
prepared for the City of Shakopee and the Prior Lake- Spring Lake Watershed District by
Montgomery Watson and WSB & Associates, Inc. as authorized on August 3, 1999.
On August 3, 1999, a feasibility report for the upgrade and improvement of the Prior
Lake Outlet Channel between the City of Shakopee and the Prior Lake -Spring Lake
Watershed District was authorized and reimbursement agreement entered into between
the City of Shakopee and the Prior Lake -Spring Lake Watershed District for the
feasibility report preparation. Currently, the City of Shakopee has a Joint Powers
Agreement with the Watershed District for the outlet flow for Prior Lake drainage into
and through the City of Shakopee. In the future a revised Joint Powers Agreement will
be needed to address further costs to upgrade the improvements of this channel as
development occurs both in the City of Shakopee and the watershed district.
A feasibility report was prepared to address the design alternatives and cost estimates
with those alternatives for upgrading the channel to meet the ultimate in future design
flows of this channel, from the outlet of Prior Lake to Blue Lake in the Minnesota River
Valley. Also included are some costs split options between the various entities that
benefit from an improved channel.
The main purpose for this discussion item at a Council work session is to introduce the
main findings of this feasibility study and have Council discuss various cost split options
that are included in the feasibility analysis. The Prior Lake - Spring Lake Watershed
District will also be reviewing this feasibility report and will be providing comments on
the report. Staff recommends discussion on the design alternatives by the City Council
for information purposes and Pete Willenbring, of WSB & Associates, will make a
presentation on this. Staff will be asking Council for some direction in the design
alternatives as well as cost split options with the Prior Lake - Spring Lake Watershed
District.
Also, staff will be able to provide a brief update on the Blue Lake Outlet Channel
Feasibility Report at this meeting.
To review the feasibility analysis of the Prior Lake Outlet Channel report and discuss the
design alternatives for future upgrade of this channel and associated costs, as well as
discuss cost split options between the City of Shakopee and the Prior Lake -Spring Lake
Watershed District and the City of Prior Lake.
A Bruce Loney
Public Works Director
BL /pmp
CHANNEL
q, I
,
Memorandum
TO: Honorable Mayor and City Council
Mark McNeill, City Administrator
FROM: R. Michael Leek, Community Development Director
SUBJECT: Development Proposals Involving Reduced Street Widths, Right -of -Way
Widths, and Front Yard Setbacks
ME ETING DATE: January 9, 2001
INF
The City has received several applications for residential development that involve possible
variations from city street width, right -of -way (ROW) width, and front yard setback standards.
Staff anticipates that the City will continue to receive such project proposals in the future. For
that reason, staff is interested in "touching base" with the Council to determine whether it would
entertain such proposals, or would prefer to adhere tightly to the street, ROW, and setback
standards set during and after the 1999 moratorium.
In addition, Steve Ach of Centex Homes has continued to request the opportunity to review their
proposal with the Council. It is expected that Mr. Ach will be in attendance at the workshop.
Because staff understands that there will be little time on the January 9` agenda to discuss this
item, staff would ask for an indication from the Council as to whether it wishes to set a
subsequent workshop to either discuss the issues outlined above or the specific projects referred
to.
Staff is aware of the informal conversations the City Administrator has had with a majority of the
Councilors about the street and ROW width issues, and has communicated the sense of those
conversations in a letter to the current applicants. That letter reiterates the current street and
ROW width standards.
DISCUSSION:
Following is a summary of information related to these projects. Accompanying this
memorandum are copies of the plans that have been submitted.
Development Proposals:
Applicant Project Description
Town and Country Homes, Inc. Site Size: 66.33 acres
No. and Types of Units;
38 SF
454 Townhouses
492 Total
Requested Variations
*50 foot ROW width
*30 foot street width
*Measure setbacks from
curbs or sidewalks instead
of ROW line
Ryland Homes Site Size: 13.97 acres *32 foot street width
No. and Types of Units; *10 and 20 foot front yard
setbacks
66 "A" Townhouses
48 `B" Townhouses
114 Total Townhouses
Centex Homes Site Size: 20.3 acres *50 foot ROW width
No. and Types of Units; *30 foot street width
66 "Townhomes"
84 "Carriage Homes"
150 Total Townhouses
The concept submitted by Centex originally envisioned private streets as found in its
Longmeadow project. Without the use of private streets, presumably Centex would also be
requesting about 10 foot front yard setbacks. In addition, Mr. Ach of Centex has asked whether
the "roadway " extensions that serve only a limited number of dwellings can be treated as shared,
private driveways, and therefore not subject to public street standards. These are circled on the
attached Centex plan.
Current Standards:
The City's current standards for local street and ROW width are as follows;
• Local streets carrying fewer than 200 ADT ..... 32 feet wide (curb face to curb face)
• Local streets carrying more than 200 ADT ...... 36 feet wide (curb face to curb face)
• Local street ROW ....... .............................60 feet wide
The City's Planned Unit Development (PUD) ordinance (City Code Sec. 11.50) allows the
following variations;
• Local street width ...... .............................32 feet wide (curb face to curb face)
• Local street ROW ...... .............................55 feet wide
2
The proposed projects largely involve medium density housing types. In the Medium Density
Residential Zone (R -2), a front yard setback of 35 feet is required. The PUD ordinance would
allow a 10 -foot reduction to 25 feet.
Council is asked to provide both staff and the current applicants with direction as to its wishes
related to street and ROW width standards and front yard setbacks. In the alternative, Council is
asked to indicate whether it wishes to set a subsequent workshop to discuss the issues or projects
discussed above.
R. Michael Leek ✓
Community Development Director
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