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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. f � 1 AV // "1" #11 / /, . // 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. ;1 h 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 u�7 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. JJT- 191437vl SH155 -99 • lk L91 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. JJT- 191422vl 1 SH155 -99 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. JJT- 191422v1 2 SH155 -99 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. JJT- 191422v1 3 SH155 -99 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 JJT- 191422v1 4 SH155 -99 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. JJT- 191422vl 5 SH155 -99 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 JJT- 191422v1 6 SH155 -99 (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. JJT- 191422v1 7 SH155 -99 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. JJT- 191422vl 8 SH155 -99 (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 SH155 -99 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) JJT- 191422v1 SH155 -99 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 JJT- 191422v1 11 SH155 -99 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 a 6 i 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 D /A4' X� m� 4W i _� is `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 2 J O w U LIJ Q� co U. O O O nt ® E F 0 0 O E = L 0 0 0 Y ~ N O R V = p f 0 0 L N T 0 v 0 o a n a o a" a� m � m" m LO v cV P o= o� C i O a O C y � R C C � � C O U o 0 m y m t� am o .- L N = N R m � D) N C � LO U � C C O L U '3 a b = C N 3 O R 7 N — W m N ® R O m > ai m A � C m a �D ® E F 0 0 O E = L 0 0 0 Y ~ N O R V = p f 0 0 L N T 0 v 0 o a n a o a" a� m � m" m LO v cV P o= o� C i O a O C y � R C C � � C O U o 0 m y m t� am o .- L N = N R m � D) N C � LO U � C C O L U '3 a b = C N 3 O R 7 N — W m N ® R O m > ai m Ll co 0 W ca "I Cl) LIJ tm LL Ul Q (D o a) CO 2 Q. z ----------- lz IM IL cc LLI EL Lr- lQ U.J > to Ll co 0 W ca "I Cl) LIJ tm LL Ul Q (D o a) CO 2 Q. z ----------- lz IM IL cc LLI Lr- U.J > to co Y LIJ LLJ c ZE LU Lr- < S2 sr LLI W Ld lD Ll co 0 W ca "I Cl) LIJ tm LL Ul Q (D o a) CO 2 Q. z ----------- lz IM IL cc k � � n m 0 � }} )( } \/ \} / ui R ItJ > y , 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. 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