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HomeMy WebLinkAbout01/09-10/1984 TENTATIVE AGENDA ADJ .REG. SESSION SHAKOPEE, MINNESOTA JANUARY 9th, 1984 - MONDAY - Mayor Reinke presiding 1 ] Roll Call at 3:30 P.M. 21 Approval of the Scoping Decision for the Shakopee Racetrack Site Proposal (draft distributed 12/27; final on table) 31 Authorize staff to place the Notice of Preparation of the Environmental Impact Statement for the Shakopee Racetrack Site in the EQB Monitor 41 Other Business: a] b] 5] Adjourn to Tuesday, January 10, 1984 at 7 :00 P.M. John K. Anderson City Administrator MEMORANDUM TO: John K. Anderson/City Administrat FROM: H.R. Spurrier/City Engineer RE: Shakopee Racetrack Site I` Environmental Impact Statement DATE: January 6 , 1984 ` Introduction: Attached is a summary of the changes made to the Scoping Decision previously sent to City Council , December 27 , 1983 . Background: The changes to the Scoping Decision are outlined in the attachment . The only significant addition not previously seen, sewage flows from the track stabling area . Public Comments have also been included in the Scoping Decision. The second item attached is the EIS Preparation Notice and Press Release. This release will be published in the EQB Monitor and the Shakopee Valley News . City Council should authorize the distribution of this Notice . Action Requested: 1 . Approve the Scoping Decision for the Shakopee Racetrack Site Proposal prepared by Barton-Aschman Associates , Inc. , for the City of Shakopee dated January 6 , 1983 . 2 . Direct staff to distribute for publication the Notice of Preparation of the Environmental Impact Statement for the Shakopee Racetrack Site Proposal . HRS : cau Attachment CHANGES TO SCOPING DECISION 1 . Cover Page : Remove "Draft" 2 . Page 3 under Water Quality, 3rd paragraph under the heading to read : Treatment of waste water generated at the track facilities has been identified as an issue with respect to all track applicants . Full estimates will be presented for each alternative and will include runoff from the track stabling area if treatment of this runoff is required. An assessment will then be made of the impacts upon the capability of the receiving source system and the compatability of the alterna- tives with the Shakopee Comprehensive Plan, sanitary sewer element . 3 . Page 4 under the subject heading of Issues Not Addressed in the EIS : Delete No. 4, Sewer Capacity and Adequacy of Facilities and renumber the following items as 4 through 7 . Also add on page 4 a paragraph entitled Comments on Issues . During the course of the public scoping meeting on December 29 , 1983 , several comments were received on the issues summarized in this document . These comments do not reflect new issues but rather omissions from the EAW. These omissions will be addressed in the EIS and are as follows : 1 . Traffic controls at the Intersection of County Road 16 and 83 . 2 . Noise controls to be incorporated into planning and design of the track facilities . 3 . Specifications for box stalls to prevent seepage of animal waste to ground water. 4. Page 7 under the subheading entitled Racetrack Development Racetrack Development (via granting of a Class A License ) is the proposal for which applicaiton will be made to the Minnesota Racing Commission. As a part of the EIS Analysis , twosubalternates for racetrack development will be addressed. A high and a low number of racing days will be selected and the impacts of these extremes assessed in the document . EIS PREPARATION NOTICE AND PRESS RELEASE Circulated on behalf of the City of Shakopee for immediate release contact Mr. H.R. Spurrier, City of Shakopee , 129 East 1st Avenue, Shakopee , MN, 55379 , telephone 445-3650. At its January 9 , 1984 meeting, the Shakopee City Council approved the EIS Scoping Decision for the Shakopee Racetrack Environmental Impact Statement (EIS ) . Notice of the availability of the scoping Environmental Assessment Worksheet (EAW) was published in the December 5 , 1983 , issue of the EQB Monitor. A public meeting was held December 29 , 1983 , to receive input from interested parties concerning the proposed scope of the EIS . The EIS will analyze the environmental, economic and sociological impacts of the proposed racetrack development and an alternate level of industrial development . The proposed project will include a track, grandstand clubhouse , and associated facilities for horse racing on 390 acres in the Valley Industrial Park, Shakopee , Minnesota. Based on preliminary plans , the total development will include 878 ,000 square feet of building area including stables . Final plans may result in as much as 1 ,000 ,000 square feet of development on the site . The grandstand clubhouse and infield facilities will accommodate a peak capacity of 25 ,000 patrons . Average daily attendance will range from 7 , 500 to 12 ,000 patrons with a normal weekly peak anticipated to be 16 ,000 persons . The site is presently agricultural land which is planned and zoned for industrial development . If the track site is approved by the Minnesota Racing Commission, construction would begin 1984 with completion expected in 1985 . The primary impact areas to be addressed in the EIS include traffic and transportation; air quality; noise; water quality; and solid waste management including both animal and conventional waste materials . The Draft EIS is scheduled to be available for review and comment in February, 1984. For further information regarding the scoping decision please contact Mr. John Anderson, City of Shakopee , 129 East 1st Avenue, Shakopee , MN, 55379 , telephone 445-3650 . TENTATIVE AGENDA ADJ .REG.SESSION SHAKOPEE , MINNESOTA JANUARY 10, 1984 Mayor Reinke presiding 11 Roll Call at 7 :00 P.M. 21 Joint Meeting with Shakopee Public Utilities Commission a] Street Light Suggestions b] Items in the Calculation of SPUC Contribution to City c] Billing Expense Allocation d] Removal of Excessive Snow from Fire Hydrants e] Computer System Request for Proposal (bring Nov 22nd memo from the Computer Task Force) (Call Mon. if you can' t locate it) f] Other Business: 31 Petition for Extension of Cavanaugh Drive 4] Street Rehabilitation and Preservation Policy - tabled 1/3/84 51 Other Business: a] b] 6] Adjourn to Tuesday, January 17, 1984 at 7 :00 P .M. John K. Anderson City Administrator �GZ1 TO: Jeanne Andre CE FROM: Lou Van Hout RE: Street light suggestions DATE: December 23, 1983 The Utilities Commission is considering some changes in the street lighting on Second Avenue and will be discussing this with the City Council on January 10, 1984. John Anderson suggested that you may have some thoughts on the subject. If you do, I would be happy to bring them to that meeting or to discuss the matter with you beforehand. h TO: SPUC FROM: LOU VAN HOUT RE: ITEMS IN CALCULATION OF CITY CONTRIBUTION DATE: 1-5-84 According to Jim Streefland the following items are involved in the determination of the annual Contribution in Lieu of Taxes by SPUC to City government. PAYMENTS TO CITY SALES ELEC WATER Water Pumping XX Residential Elec XX Res Water Heating XX Rural Sales XX Rural Water Heating XX Commercial Sales XX Customer Penalties XX Misc Revenues XX XX Power .Adjustment XX Water Sales XX Total Sales XXX XXX COST OF GOODS SOLD NSP XX XX Power for Pumping XX Total Cost of Goods Sold XXX XXX Gross Margin XXXX XXXX 23.77% 23.77% Payments to City $XXXXX $XXXXX TO: SPUC FROM: LOU VAN 11OUT RE: ITEMS IN CALCULATION OF CITY CONTRIBUTION DATE: 1-5-84 According to Jim Streefland the following items are involved in the determination of the annual Contribution in Lieu of Taxes by SPDC to City government. PAYMENTS TO CITY SALES ELEC WATER Water Pumping XX Residential Elec XX Res Water Heating XX Rural Sales XX Rural Water Heating XX Commercial Sales XX Customer Penalties - XX Misc Revenues -- --�x��w' _ M XX XX Power Adjustment XX Water Sales XX Total Sales • 321.4,.675 ;,�4,q,158 COST OF GOODS SOLD NSP XX XX Power for umpi,n XX Total Cost of Goods Sold XXX XXX Gross Margin XXXX XXXX —__ 23.77% 23.77• Payments to City $XXXXX $XXXXX Street Lighting Maint. $9,050 Free Service (st. lite energy) $27,185 St. Lighting and free service Misc. Charges (?) $2,888 Inspection and Administration pole rental Conn. Charges Interest on investments UG. Distribution Charges Bad Debts Trunk Charges Penalty Charges Shut-off Charge TO: SPUC FROM: LOU VAN HOUT RE: BILLING EXPENSE ALLOCATION DATE: 1-5-84 According to Jim Streefland the cost of running the billing operation is split up as follows: BILLING EXPENSE CALCULATION ELEC $ BILLINGS % Residential Sales XX Water Heating Sales XX Country Elec Sales XX Country Water Heating XX Commercial Sales XX Customer Penalties XX Power Adj . Sales XX XXX X% Water XX X% Sewer XX X% Garbage XX X% TOTAL $XXXX 100% X% X% X% X% EXPENSE EXPENSE ELEC WATER SEWER GARBAGE Elec $XX Water XX Sub Total XXX Depr Machine XX Total Expense $XXXX TO: SPUC FROM: LOU VAN HOUT RE: BILLING EXPENSE ALLOCATION DATE: 1-5-84 According to Jim Streefland the cost of running the billing operation is split up as follows: BILLING EXPENSE CALCULATION ELEC $ BILLINGS Residential Sales XX Water Heating Sales XX Country Elec Sales XX Country Water Heating XX Commercial Sales XX Customer Penalties XX Power Adj. Sales XX 3,182,.832 73;91 $ t► Water , 248;824 5�.�1 � Sewer - 805,008 18.46 % Garbage 122.,860 Z.82 % TOTAJ, 4,35 ,524 1008 7.3.01 % 5-71 % 18.46 % 2 ,82 % EXPENSE EXPENSE ELEC WATER SEWER GARBAGE E le c—�~ $XX Water . XX Sub Total 62,01-5 Depr Machine 3,757 Total Expense 7,Q,772 51,671 4,041 13,064 1,996 MEMO TO: City Council and Shakopee Public Utilities Commission FROM: John K. Anderson, City Administrator RE: Removal of Excessive Snow from Fire Hydrants DATE: December 27, 1983 Introduction: Lou VanHout and I have worked out a joint City-SPUC effort to clean excessive snow from fire hydrants by January 10, 1983. Lou and I noted that each time there is a need for such snow removal there is uncertainty as to who will do what because there is no formal policy. Lou and I are recommending that Council and SPUC establish a formal policy regarding this subject. Survey: In an effort to determine what the standard practice is, the City had a CETA em- ployee make the attached survey of cities in the metropolitan area. As the survey indicates, four cities have assigned primary responsibilities for removing snow from hydrants to the Street Department, eight to the Utility Department, and ten to neighborhood residents or civic groups. The survey also indicates that there is a good deal of overlap in the assigning of responsibility to remove excessive snow from hydrants. Alternatives: 1. Assign the primary responsiblity for removing excessive snow from hydrants to the Street Department. The reason for selecting this alternative would be the Street Department's ready access to the proper equipment and the argument that frequently the excessive snow around hydrants is because of snow removal from streets and sidewalks by the public works crew. 2. Assign the primary responsibility to remove excessive snow from hydrants to SPUC. The rationale for making SPUC primarily responsible for snow removal from hydrants would be that main- tenance of the hydrants is part of the Water Department's responsibility. 3. Assign the primary responsibility for removal of excessive snow from hydrants to neighborhood residents or a civic group. This alternative would require that the City and SPUC develop a stated policy requiring residents to keep hydrants free of snow during the winter. In addition, it would require systematic notification of residents through the news media whenever the City or SPUC determined that there was excessive snow around hydrants. 4. Assign the primary responsibility for removal of excessive snow from the hyrants to the Fire Department. I do not believe that the Fire Department in Shakopee can provide this kind of service because it is strictly a volunteer department; however, policymakers may view this differently. L John K. Anderson December 27, 1983 Page - 2 5. Assign the responsiblity for removal of excessive snow from fire hydrants to a combination of departments. This alternative could take shape in several different forms, but should include a careful discussion of when manpower in the different departments is available during the snow season. Recommendation: Lou and I feel it is essential that a policy be established indicating which depart- ment or departments has primary responsibility for removal of excessive snow from hydrants. The policy will then remain intact over time and not be dependent upon the ability of key staff people to strike a compromise to get the job done. In addition, policymakers will know who to point to if excessive snow is not removed from the hydrants in a timely manner. Action Requested: Direct the appropriate SPUC and City staff to draft identical resolutions establishing as responsible for removal of excessive snow from hydrants to presented at the next regular meeting of City Council and SPUC. JKA/ldd L g" THE ATTACHED SURVEY SHOWS DEPARTMENTAL RESPOSIBILITY TO REMO'.'E EXCESSIVE SNOW FROM HYDRANTS. MOST COMMUNITIES RELY ON NF.T GHBORHOOD INVOLVEMENT TO HELP WITH REMOVAL . COMMUNITY STREET WATER/UTILITIES NEI GHBORHOOD/CIVIC ECT. ----------------------------------------------------------------------- HOPKI NS X FIRE DEPT. HELPS BURNSVILLE BOY SCOUTS/NEIGHBORHOOD LAKEVILLE X CHASKA X STREET FOREMAN IS THE FIRE CHI El EDEN PRAIRIE X NEIGHBORHOOD BLOOMINGTON X WAYZATA NEI GHBORHOOD/SOME STREET APPLE VALLEY NEI GHBORHOOD/FIRE CHANASSEN STREET/UTILITIES ( DEPT. COMBINE] NEW BRIGHTON NEIGHBORHOOD/STREET, WATER NEW HOPE MOSTLY NEIGHBORHOOD EDI NA NEIGHBORHOOD ST. LOUIS PARK X SOME NEIGHBORHOOD COON RAPIDS NEIGHBORHOOD PLYMOUTH NEIGHBORHOOD BROOKLYN CENTER NEIGHBORHOOD/FIRE FRI DLEY X NEIGHBORHOOD CRYSTAL X NEIGHBORHOOD GOLDEN VALLEY X NEIGHBORHOOD MOUND X NEIGHBORHOOD WOODBURY X NEIGHBORHOOD STI LLWATER NEIGHBORHOOD NORTH ST. PAUL X NOTE: 1 . WHEN STREET OR UTILTIY I'S NOT DESIGNATED FOR REMOVAL , NO POLICY HAS APPARENTLY BEEN ADOPTED. 2 . SOME COMMUNITIES USE NEWSPAPER AND PUBLIC POSTER PUBLICITY TO SOLICIT NEIGHBORHOOD INVOLVEMENT. L � MEMORANDUM TO: John K. Anderson/City Administra r FROM: H.R. Spurrier/City Engineer -' /' RE: Trunk Highway 101 Bypass Right-of-Way Acquisition DATE: January 10 , 1983 Introduction• Attached is a letter and a revision to Resolution No. 2195 , a resolution which made a loan application pursuant to Minnesota Statutes Chapter 473 . Background: After making preliminary application on the above captioned matter, Metropolitan Council staff-MN/Dot staff recommended revisions in the application format since this is the first and will be used to format any additional applications . Recommended Action is to reconsider Resolution No. 2195 and adopt the revised Resolution 2195 attached along with the revised attachments to Resolution 2195 , which have the proper format . The only change in the application is the deletion of one property in Killarney Hills which cannot be acquired because improvements have been made to the lot . That reduces the total application by $7 ,000.00. That is reflected in the revised number in Resolution No. 2195 . Action Requested: 1 . Motion to reconsider Resolution No. 2195 . 2 . Motion to adopte Resolution No. 2195 as revised. HRS :cau Attachment S H CITY OF SHAKOPEE INCORPORATED 1870 > 129 E. First Ave. - Shakopee, Minnesota 55379-1376 (612) 445-3650 January 10, 1984 Mr. Gerald Isaacs , Chariman Metropolitan Council 300 Metro Square 7th and Robert Streets St . Paul , MN 55101 Re : Acquisition of Right-of-Way for Trunk Highway 101 Bypass , Scott County, Minnesota Dear Mr. Isaacs : Attached is the final loan application for purchase of property within the Trunk Highway 101 Bypass Right-of-Way shown on the official map prepared by the Minnesota Department of Transportation. Also attached is Resolution No. 2195 , a resolution authorizing the loan application. The City has estimated the total acquisition cost to be $946 ,150.00 . The City understands that the appraisals will be required in order to establish the purchase price for these parcels . Also attached is a form numbered PHDEV2 .EP789Y dated August 2 , 1983 . This form is a statement of the City of Shakopee ' s eligibility to incur this debt . There are no known cleanup problems associated with any of the sites . Any comments or questions regarding this application should be sent to H.R. Spurrier, City Engineer at 129 East 1st Avenue , Shakopee , Minnesota, 55379 , or by calling ( 612 ) 445-3650 . Sincerely, Eldon A. Reinke Mayor EAR: cau Enclosure The f l e ,z r t of Progress V all e tr An Equal Opportunity Employer RESOLUTION NO. 2195 A RESOLUTION AUTHORIZING A LOAN APPLICATION AND PURCHASE OF PROPERTY IN ACCORDANCE WITH MINNESOTA STATUTES CHAPTER 473 WHEREAS , Minnesota Statutes Section 473 . 167 authorizes the acquisition of right-of-way of a State Trunlc Highway ; and WHEREAS , certain properties described in Attachment A within the City of Shakopee are in danger of imminent conversion; and WHEREAS , the City of Shakopee is eligible to incur this debt ; and WHEREAS , there are no known waste cleanup problems on or under the properties described in Attachment A; and WHEREAS , the City of Shakopee expects the total value of the property to be approximately $946 ,150.00. NOW, THEREFORE, BE IT RESOLVED BY THE SHAKOPEE CITY COUNCIL that the proper City officials are hereby authorized to make a loan application and purchase of property within the Trunk Highway 101 Bypass Right-of-Way shown on the official map prepared by the Minnesota Department of Transportation. Adopted in _ session of City Council held this day of 1984. Mayor of the City ot Shakopee— ATTEST: City Clerk Approved as to form this day of 1984.— City Attorney TABLE OF CONTENTS Page Attachment A Parcel1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 Parcel2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . � 1-3 Parcel3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 Parcel4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3-4 Parcel5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4-5 Parcel6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5-6 Zoning & Vicinity Maps . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7-8 Map of Parcel 1 and 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 Map of Parcel 3 through 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 ZoningOrdinance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11-17 Statement of Eligibility to Incur Debt . . . . . . . . . . . . . . . . . 18 Letter from Watson Investments , Inc . . . . . . . . . . . . . . . . . . . . 19 Application for Building Permit. for Parcel 1 . . . . . . . . . . . 20 Property Owners ' Statement of Rights - Watson Investments , Inc . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21 Letter from Prestige Parks , Inc . . . . . . . . . . . . . . . . . . . . . . . . 22 Purchase Agreement - Parcel 3 . . . . . . . . . . . . . . . . . . . . . . . . . . 23 Building Permit - Lot 3 , Block 3 , Killarney Hills . . . . . . 24 Memoby City Planner. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25 Building Permit - Lot 5 , Block 4, Killarney Hills . . . . . . 26 ATTACHMENT A PARCEL 1 FEE OWNER: Watson Investments , Inc. Description: Outlot A, Valley Mall 1st Addition, Scott County, Minnesota Zoning: B1 - Highway Business District Evidence of Imminent Conversion: A. Letter of intent from Fee Owner, Watson Investments , Inc . advising City of its in- tent to actively market and develop the property. B. Building Permit Application for Parcel 1 approved except for Zoning Administrators signature until resolution of this matter. Estimated Amount of Loan Requested: $107 ,200.00 Narrative : The Bypass Right-of-Way crosses the Northwest corner of this parcel . The builder is unwilling to set back the structure . It is probable that additional damages will have to paid when the right-of-way is acquired because of potential damages to the structure . This lot is a platted lot of record and requires no subdivision or resubdivision before a building permit must be issued. PARCEL 2 FEE OWNER: Watson Investments , Inc . Description: Beginning at the most Southerly corner of Valley Mall 1st Addition, Scott County, Minnesota, thence North 51 degrees 29 minutes 55 seconds West a distance of 765 .00 feet ; thence North 38 degrees -1- 30 minutes 05 seconds East a distance of 598 . 56 feet ; thence North 13 degrees 25 minutes 04 seconds East a distance of 247 . 68 feet ; thence North 51 degrees 29 minutes 55 seconds West a distance of 60.00 feet to the Southeasterly right-of-way of Trunk Highway 169 ; thence South 38 degrees 30 minutes 05 seconds West a distance of 1149 . 60 feet along said right-of-way; thence South 51 degrees 29 minutes 55 seconds East a distance of 400.00 feet ; thence South 38 degrees 30 minutes 05 seconds West a distance of 376 . 25 feet ; thence North 51 degrees 29 minutes 55 seconds West a distance of 400.00 feet to the Southeasterly right- of-way of Trunk Highway 169 ; thence South 38 degrees 30 minutes 05 seconds West a distance of 649 . 64 feet along said right-of-way; thence South 19 degrees 09 minutes 39 seconds West a distance of 188 . 71 feet ; thence South 38 degrees 30 minutes 05 seconds West a distance of 52 . 80 feet ; thence South 00 degrees 10 minutes 45 seconds East a distance of 158. 19 feet ; thence North 86 degrees 56 minutes 16 seconds East a distance of 1249 . 74 feet ; thence North 00 degrees 08 minutes 24 seconds West a distance of 266 . 52 feet ; thence North 38 degrees 30 minutes 05 seconds East a distance of 669 . 60 feet to the point of beginning and there germinating. Zoning : BI - Highway Business District Evidence of Imminent Conversion: A. Letter from Watson Investments , Inc . advising the City of its intent to actively market and develop this property. Estimated Amount of Loan Requested: $663 , 150.00 Narrative : This is the last remaining commercial tract in the Bypass Right-of-Way that is within the MUSA Line. Being within the urban service area increases the threat of development . Water, sanitary sewer and strom sewer mains have been extended along the East line of this parcel . Nearly all of this parcel is within the Trunk Highway 101 Bypass Right-of-Way. It is unreasonable to expect dedication of that right-of-way should any of this land develop. This parcel does not have to be resubdivided in order to be developed . The attached memo from City Planner Judy Simac to the Shakopee Planning Commission rein- forces the fact that this parcel could be developed without consideration for the Bypass so long as the property owner gave the City an opportunity to acquire this property. A copy of Judy Simac ' s memo is attached. PARCEL 3 FEE OWNER: Prestige Parks , Inc . Description: That part of the West Half of the Southwest Quarter of Section 9 , Township 115 , Range 22 , Scott County, Minnesota , lying North of County Road 16 and Westerly of Lot 1 , Block 1 , DCCO 1st Addition, subject to the Northern Natural Gas Company easement . Zoning: I2 - Heavy Industry District Evidence of Imminent Conversion: A. Letter from Vernon M. Lang, Officer of Prestige Parks , Inc . B. Purchase Agreement for Parcel 3 . Estimated Amount of Loan Requested: $55 ,000 .00 Narrative : The Trunk Highway 101 Bypass Right-of-Way crosses the Easterly end of Parcel 3 , but two lots East of Parcel 3 will have future access across this parcel . The present owner and the present developer are unwilling to freely dedicate that right-of-way but would be willing to sell the entire parcel to the City. The potential for damages if Parcel 3 is developed may make this acquisition a high priority. PARCEL 4 FEE OWNER: Prestige Parks , Inc . Description: Lot 2 , 3 , 4 , 5 , 6 and 7 , Block 1 ; Lot 6 and 7 , Block 4; -3- Lot 1 , Block 5 ; and Outlot E, Killarney Hills , Scott County, Minnesota. Zoning : R1 - Rural Residential District Evidence of Imminent Conversion: A. Letter from Vernon M. Lang, Officer of Prestige Parks , Inc . B. Building Permit for Lot 3 , Block 3 , Killarney Hills . Estimated Amount of Loan Requested : $106 ,800.00 9 Lots at $7 ,000.00 = $63 ,000 . 00 4 . 38 Acres at $10,000. 00 = $43 ,800. 00 Total : $106 ,800.00 Narrative : These lots are the only platted residential lots in the Trunk Highway 101 Bypass Right-of.-Way. There is a chance that houses could be moved into the subdivision cheaply causing a dramatic increase in the value of the property. The lots are all substandard by todays criteria but nonetheless buildable sites . PARCEL 5 FEE OWNER: Prestige Parks , Inc . c /d Aaron R. Forcier Description: Lot 8 , Block 1 , Killarney Hills , Scott County, Minnesota . Zoning : R1 - Rural Residential District Evidence of Imminent Conversion: A. Letter from Vernon M. Lang, Officer of Prestige Parks , Inc . B. Building Permit for Lot 3 , Block 3, Killarney Hills . -4- Estimated Amount of Loan Requested: $7 ,000 . 00 Narrative : Evidence of imminent conversion is the activity in this subdivision and the charateristics of the development. These lots are the only platted residential lots in the bypass right-of-way. Conversion of these lots is likely because the process has begun and the City has no tools to prevent it. An example of that conversion is Lot 5, Block 4, where the property owner has already constructed an outbuilding for a future residence. PARCEL 6 FEE OWNER: Dennis and Barbara Martin Description: Lot 11 , Block 1 , Killarney Hills , Scott County , Minnesota Zoning : R1 - Rural Residential District Evidence of Imminent Conversion: A. Letter from Vernon M. Lang, Officer of Prestige Parks , Inc . B. Building Permit for Lot 3 , Block 3 , Killarney Hills . C. Building Permit for Lot 5 , Block 4 , Killarney Hills . Estimated Amount of Laon Requested: $7 ,000.00 Narrative : Evidence of imminent conversion is the activity in this subdivision and the charateristics of the development . These lots are the only platted residential lots in the bypass right-of-way. Conversion of these lots is likely because the process has begun and the City cannot stop it . -5- Some property owners have not pursued development because of the prospect that their property would be purchased by the City. When it became evident that the City would not purchase this property, interest rates were so high that construction of improvements was out of the question. Now that interest rates are more stable there is renewed danger that this property will be developed. -6- a i i a _ �W» N e m � � I ol- 77. 1 11 + �i•1� � _i II 1 i ;� .� ,W, �1t�� � bu'+LTV �1� ,,. a �- N cm 06 co m W NZN iQ cc V m N M Z 10. SW O Fvu �S \ -7- x E m m - eg a — E N s CO { U` a m co i M LLJ J � � U ra a H 5 � - �N <— 6 j a[ Y( ZZ I NE o 8 _-_-�1�.�� -� e I ►+ % i/ R vEFvlEw i 1 EE EStf PN./ _. � 1• � PE _ o re STATE FARM c��G � / '� � I� •TT _q r l I } /or) AVS ;� 11 -wNiSr I 9(n(1p.. } c»UNIF ST MARKS to 4uN,CIPA. ( it 04' PARCEL 1 f tt f AVE 1 Z _ I PARCEL 2 �— — /./ .4/ --- -�--- 1J-Lt _— •- -�- NLL- IM �Ts _. r i - ♦ ' 1 TAMPAH I PARA � 1 I 800 0 800 1600 stole fee. —9— 3 5 4 / i m U I ' I ' I ' ' I PARCEL 3 1 I I I - PARCEL 6 UTLOT E� 4 4 Y 2 ,CSF 1 1 PARK 3 2 _- Pk 6 ( I 3 L 4 - - OU<FJ 4q I PARCEL 4 2� ~� s PARCEL! 5 3 8 2 OUTLOT D - I OUTLOT F OUTLOT G -- - cs �B OUTLOT C OUTLOT 8 I OUTLOT A 1 " = 800 ' —10— This height limitation shall not apply to grain elevators, barns silos, windmills, elevator lags, tooling towers, water towers, chimneys and smokestacks, church spires, electric transmission lines or radio or television towers. B. The following minimum requirements shall be observed subject to additional requirements, exceptions, and mod- ifications set forth in other Sections of this Chapter : Minimum Lot Area: For Farmstead residences - none. For non-farm dwellings - 2h, acre minimum lot size. Minimum Lot Width (Single Family Detached) : 150 feet. Front Yard: 30 feet. Side Yard: 20 feet. Rear Yard: 40 feet. SEC. 11.25. RURAL RESIDENTIAL (R-1) . Subd. 1. Purpose. The major purpose of this District is to allow for a "rural life-style" by permitting low-density residential development in areas that are marginal or non-fea- sible for agriculture. Subd. 2 . Permitted Uses. Within the Rural Residential District no structure or land shall be used except for one or more of the following uses: A. State licensed community residential facility serving six (6) or fewer mentally retarded or physically handi- capped persons. B. Single family detached residences. C. Agricultural land uses. D. Essential services. E. Public recreation . F. Forestry and nursery. Subd. 3. Conditional Uses. Within the Rural Residen- tial District no structure or land shall be used for the follow- ing uses except by conditional use permit: A. Local government buildings. B. Churches. C. All home occupations. D. Cemeteries. E. Commercial recreation . F. Seasonal produce stands. G. Schools. H. Kennels and riding academies. I . Mining and extraction. _ J. Airport. K. Horses at density of 2 animals per 2h acre parcel. L. Livestock and poultry at density of one animal unit per 2� acres. M. Mobile home in addition to the permitted farm- -302- stead residence if placed on the farm building site and conforms to ., Section 11 . 05 , Subdivision 8 . Source : Ordinance No. 31, 4th Series Effective Date : 10-25-79 N. All structures in excess of 35 feet in height. Source : Ordinance No. 60, 4th Series Effective Date : 5-14-81 Subd . 4 . Permitted Accessory Uses. Within any Rural Residential District the following uses shall be permitted acces- sory uses: A. Garages. B. Fences. C. Gardening and other horticultural uses. D. One lodging room per single family dwelling. E. Recreational equipment. F. Farm building. G . Stables. Subd. 5 . Lot Area , Height, Lot Width, and Yard Require- ments. A. The maximum height of all buildings shall not exceed two and one-half (2�) stories or thirty-five (35) feet. This height limitation shall not apply to grain elevators, barns, silos, windmills, elevator lags, tooling towers, water towers, chimneys and smokestacks, church spires, electric transmission; lines or radio or television towers. B. The following minimum requirements shall be observed subject to additional requirements, exceptions, and modi- fications set forth in other Sections of this Chapter . Minimum Lot Area : 2� acres Minimum Lot Width: 150 feet Minimum Lot Depth: 200 feet Front Yard : 30 feet Side Yard : 20 feet Rear Yard : 40 feet C. Accessory farm buildings shall not be erected within 100 feet of a neighboring property. D. Feedlots, runs, pens, and similar intensively used facilities for animal raising and care shall not be located within 300 feet of a neighboring property. SEC. 11. 26 . URBAN RESIDENTIAL (R-2) . Subd . 1. Purpose . The major purpose of this District is to allow the continuation of existing residential development and infilling of existing lots in the older residential areas of the City where central sewer and water systems are available . -303- (12-1-81) -12- Highrise Setback Regulations: ; ' 'A The location of a highrise structure (30 feet or higher) shall be a minimum of four (4) times the height of the structure from the nearest R-1, R-2, or R-3 District line or principal structure. Source: Ordinance No. 96 , 4th Series Effective Date: 11-1.1-82 SEC. 11.29. HIGHWAY BUSImBlIPS (B-1) . Subd. 1. Purpose. The purpose of the Highway Business District is to recognize development opportunity and need for com- mercial establishments fronting on or with immediate access to major highways. Permitted land uses should take advantage of the highway access in a manner which other business districts are not afforded. Also acceptable are quasi-industrial and wholesale enterprises that do not meet an industrial setting and have consid- erable customer contact. Subd. 2. Permitted Uses. Within any Highway Business District, no structure or land shall be used except for one or more of the following uses : A. Motels, motor homes, hotels (lot must have 400 square feet per unit) . B. Drive-in retail business. C. Commercial recreation. D. Churches. E. Restaurants, Class I. F. Retail business. G. Liquor stolres. H. Essential services. I . Offices and banks. J. Car wash . K. Service establishments. L. Auto sales, services and repairs. M. Wholesale businesses. -308- Subd. 3. Conditional Uses. Within any Highway Busi- ness District, no structure or land shall be used for the follow- ing uses except by conditional use permit: A. Mobile home parks. B. Taverns. C. Animal hospitals and veterinary clinics. D. Open sales lots. E. Funeral homes. F. Supply yards. G. Public buildings. H . Motor fuel stations. I . Dwellings when combined with a permitted use, not on first floor . J . Class II restaurant. K. Cultural and fraternal institutions. L. Funeral homes. Subd. 4 . Permitted Accessory Uses. Within any Highway Business District the following uses shall be permitted accessory uses: A. Any incidental repair or processing necessary to conduct a permitted principal use. B. Private garages , off-street. 071- C . Parking , loading spaces . D. Temporary construction buildings. E. Decorative landscape features. F. Public telephone booths . G. Other accessory uses customarily appurtenant to a permitted use. Subd. 5. Lot Area , Height, :mot Width and Yard Require- ments. A. No building shall exceed 2 stories or 25 feet . B. Minimum Lot Area: 9 ,000 square feet. C . Minimum Lot Width : 60 feet. D. Front Yard Setback : 30 feet. E. Side Yard Setback : 20 feet. F. Rear Yard Setback: 30 feet. G . Minimum Setback from a side or rear residen- tial zoned area : 75 feet. H. If more than one building , an open space equal to , the sum of the heights of the two buildings must be provided between the buildings. I . Design shall include adequate internal circu- lation not less than 22 feet wide exclusive of required parking. J. Curb cuts shall not exceed 24 feet in width. K. The entire area shall be landscaped, occupied by building or parking areas so treated as to control dust. Should the development be undertaken in stages, all of the area required to conform to that portion undertaken shall be developed to meet the preceding .requirements. -309- -14- 1101-14 L. A drainage plan shall be designed and approved for the area with such on-site construction as determined neces- sary by the City Engineer to adequately handle all drainage. M. Whereas a B-1 use abuts or is across the street from an R District, a fence or compact evergreen hedge not less than 50 percent opaque nor less than 6 feet high (except when adjacent to a street where it shall be not higher than 3 feet in height) , shall be erected and maintained in the front yard portion of the lot and along the side or rear property line that abuts the R District. SEC. 11 . 30 . COMMUNITY BUSINESS (B-2) . Subd . 1. Purpose. The Community Business District will allow local retail sales and services along with office space opportunities to serve local population demand and needs of non-highway orientation. This District will encourage a compact center for retail sales and services by grouping businesses in patterns of workable relationships , by limiting and controlling uses near residential areas and by excluding highway-oriented and other business that tends to disrupt the shopping center or its circulation patterns. Subd. 2 . Permitted Uses. Within any Community Busi- ness District, no structures or land shall be used except for one or more of the following uses: A. Retail businesses - stores and shops selling household goods over the counter . B. Offices and banks. C. Theatre. D. Service establishments . E. Medical and dental clinics. F. Physical culture and dance studios. G . Restaurants , Class I . H. Essential services. Subd. 3 . Conditional Uses. Within any Community Busi- ness District no structure or land shall be used for the follow- ing uses except by conditional use permit: A. Restaurants (Class II) when located within a hotel , motel or shopping mall. B. Taverns. C . Private lodges and clubs. D. Essential utility service structures. E. Commercial recreational , cultural and frater- nal organizations. F. Public buildings. G . Motor fuel stations. H. Liquor store. a.. I . Car wash. J . Motel and motor hotels . K . Any building over 35 feet high. L. Newspaper publishing and printing . -3I0- -15- F. Side yard setback: 15 feet normal. 1 . 50 feet when abutting R District. 2 . 0 feet when abutting railroad. Source: Ordinance No. 96, 4th Series Effective Date: 11-11-82 SEC. 11.33. HEAVY INDUSTRIAL (I-2) . Subd. 1. Purpose. The Heavy Industry District is where a full complement of urban services exist such as water, sewer, rail and highway transportation to provide support for intense manufacturing and processing operations. Subd. 2. Permitted Uses. Within any Heavy Industrial District, no structure or land shall be used except for one or more of the following uses: A. All permitted uses in I-1. B. Commercial recreational. C. Railroad operations. D. Motor freight terminals. E. Manufacturing , fabrication , processing, assembly/storage of: 1. Light chemicals. 2. Lumber and wood products. 3. Paper products. 4 . Rock and stone products. 5. Textiles. b. Tobacco products. 7 . Fabrication metal products. 8 . Machinery and appliances. 9 . Transportation equipment. 10 . Apparel. 11. Food products. 12. Glass. 13. Leather . 14 . Pottery. F. Assembly/storage of: 1. Light chemicals. 2. Heavy chemicals. 3. Explosives. 4. Residential accessory. Subd. 3. Conditional Uses. Within any Heavy Industrial District, no structure or land shall be used for the following uses except by conditional use permit: A. Manufacturing , processing or storage of explosive material. B. Heavy chemical storage and manufacturing including petroleum, chlorine, creosote, glue, acid, fertilizer, asphalt production, soaps. C. Structures in excess of 45 feet in height. (11-1-82) 310-4 -16- D. Paper and pulp mills. E. Meat or fish packing. F. Rock crushing or gravel work. G. Concrete and ready mix plants. H. Foundry, forge, casting, metal. I . Heliports, airports. J. If abutting a State highway: 1. Motels and tourist accommodations. 2. Automotive service station. 3. Restaurants and supper clubs. 4 . Drive-in establishments. 5 . Open sale or rental lots. K. Grain elevators. L. Water and sewage treatment. M. Mining and excavation industries. Source : Ordinance No. 31, 4th Series Effective Date : 10-25-79 N. Retail sales and displays in front yards when necessary to a permitted principal use carried on in a structure located on the premises but the area so used shall not exceed 15 percent of the floor area of said principal structure. Source: Ordinance No. 59 , 4th Series Effective Date : 5-14-81 Subd. 4. Lot Area, Height, Lot Width and Yard Require- ments. A. The floor area ratio shall not exceed 1 to 1. B. Front yard setback: 30 feet. C. Lot Width: 100 feet. D. Minimum lot area: 1 acre. E. Rear yard setback : 30 feet. Source: Ordinance No. 31, 4th Series Effective Date: 10-25-79 F. Side yard setback : 1. 15 feet normal. 2 . 50 feet when abutting R District. 3. 0 feet when abutting railriad. Source : Ordinance No. 96 , 4th Series Effective Date: 11-11-82 (11-1-82) 310-5 -17- City of, Township of Shakopee , County of Scott 2. Date December 13 , 1983 3 Assessed Valuation as of January 2 r 19 83 $ 89 ,424 ,000 4. Total Outstanding Indebtedness at.-12/,31 /8.2.~ 5, $ 7 ,815 ,000 6. Less Debt Excluded from Limitation $ 6 , 720 ,000 7, Debt Balance $ 1 ,095 ,000 8 Less Sinking Funds Applicable to Debt Balance $ 305 , 970 9. Net Debt Outstanding $ 789 ,030 10. Assessed Valuation $ 89 ,424 ,000 11 . multiplied by 6-2/3 %" $ 5 , 964 , 581 . , 964 , 581 12. Less Net Debt Outstanding $ 789 ,030 13. Net Debt Limitation $ 53175 , 551 14. I hereby certify that, to the best of my knowledge, the above information is correct, and that no further debt, eligible for the net debt limitation, ,will be incurred prior to the closing of the requested R-O-W loan,. Prowle-d ejov.),5 W"O j� fie* of the City of Shakopee OR Auditor of the County of • except cities of the first class. PHDEV2.EP789Y 08.02.83 -18- /�Al 1. ruat.40,lt , aC. 252 South Plaza Building• Minneapolis, Minnesota 55416•612/546-3325 December 16, 1983 ;'r ° OF SHAKOPEE Mr. H. R. Spurrier City Engineer City of Shakopee 129 East First Avenue Shakopee, Minnesota 55379 Dear Mr. Spurrier: This is in response to your letter of December 15, 1983, regarding possible acquisition of property within the Trunk Highway 101 by-pass right-of-way. The undersigned is the fee owner of approximately 31 acres of land located east of highway U.S. 169 at the western interchange of proposed Trunk High- way 101 by-pass. The subject 31 acres remain from our purchase in 1974 of over 100 acres upon which we built the Minnesota Valley Mall Shopping Center with the addition of the K-mart store and have platted and/or sold for development by others all but 7 acres of the original acreage that was zoned residential. The subject 31 acres lies almost entirely within the proposed right of way area and that which does not is very difficult to develop if the proposed by-pass right-of-way area is to be reserved. The K-mart was added to the shopping center in 1980 and it was our intention to continue development of the adjacent area (the subject 31 acres) . However, the complication and uncertainties caused by the proposed by-pass interchange and the city's insistance that any near by platting and/or development be made as if the interchange were an accomplished fact, has frustrated our attempts to properly continue developing our property. During 1983 when trying to get a building permit for a car wash on property almost entirely outside the right-of-way area, the concerns and requirements because of the proposed interchange have effectively prevented development even though we tried to accommodate the city's concerns. The financial burden in monthly interest costs and taxes alone not to mention lost development opportunities can no longer be tolerated and it is our intention to actively market and develop the property without further delay. Yours very truly, WATSON INVESTMENTS, INC. RBW/al R. B. Weigel -19- APPLICATION FOR BUILDING PERMIT SHAKOPEE, MINNESOTA 55379 612-445-3650 B.P. No. APPLICANT TO COMPLETE NUMBERED SPACES ONLY I PROJECT ADDRESS- �(`�-�' p� , // J� �/��/ r Z OWNER OF LAND: S7— �l>=SIIJ, {--Y-V—C �� "� ) , WAME ��� ADD ESS 3 DESCRIPTION OF LAND BY. LOT. ( „ BLOCK. ADDITION. PARCEL NO. s - 9j— METES AND BOUNDS. PLAT, TATE 4 APPLICANT. 1 J I/� r0/ NAME ADORE '74 5 CONTRACTOR RI / � • J (�usT�eye T/a/U 1+2, 1 Gtla� t , WIC NAMEI ADDRESS 6 CLASS OF WORK D-ADDITION ❑-ALTERATION ❑-REPAIR ❑-MOVE D-RAZING D-HOUSE D-SIGN ✓l ❑-PATIO D-PORCH []-STORAGE BLDG. D-TANK P--DRIVEWAY El-FENCE ❑•GARAGE 7 DESCRIPTION OF PROJECT �,e _���� SEL!— �E/PL lf�r (PW 51-�- 8 BLDG WIDTH 5-4 -b BLDG LENGTH 5 �1 a' BLDG HEIGHT 14-0 9 ESTIMATED COST OR VALUE S SPACE BELOW FOR OFFICIAL USE ONLY TYPE OF CONST TOTAL SO FEET FIRE ZONE NO DWELLING UNITS OCCUPANCY GROUP NO OF STORIES USE ZONE DIVISION MAX OCC LOAD FIRE SPRINKLERS OFFSTREET PARKING SPACES REO D DYES D NO COVERED UNCOVERED LIMITING CONDITIONS APPLICATION APPROVALS Ordinance No. 115 - Eas m nt I Restrictions - attached INpL lkle �,� -\�'1� CITY-ZONIN ADMINISTRATOR DATE MM^P T L-- - CITY ENGIN DATE It jo(17/0�-, CITY BUIL NG OFFICIAL DATE "3- APPLICATION FEES NOTEa PERMIT S Q® 1. SEPARATE PERMITS ARE REQUIRED FOR /g/� PLAN CHECK S - 6/C/ ELECTRICAL, PLUMBING, MECHANICAL, SEPTIC "mss TANK,SIGNS, AND WELL INSTALLATIONS. GRADE AND SURVEY CHECK S 2.THIS PERMIT BECOMES NULL AND VOID IF WORK PARK AND LAND S OR CONSTRUCTION AUTHORIZED IS NOT COM- FIRE NUMBER S MENCED WITHIN 120 DAYS.OR IF CONSTRUCTION IS --- SUSPENDED OR ABANDONED FOR A PERIOD OF 120 WATER CONNECTION S DAYS AT ANY TIME AFTER WORK IS COMMENCED. SEWER CONNECTION S 3. A COLORED PHOTOGRAPH MUST ACCOMPANY WELL AND SEWAGE DISPOSAL SYSTE—M--S-r� ALL RELOCATION PERMIT APPLICATIONS. PENALTY OR APPEAL S 4. TWO SETS OF PLANS AND SPECIFICATIONS MUST ACCOMPANY EACH PERMIT APPLICATION FOR THE STATE SURCHARGE — S— �— FOLLOWING: TOTAL A.COMMERCIAL PROJECTS B. INDUSTRIAL PROJECTS X /{ C. RESIDENTIAL DWELLINGS l (OVER) GN ATURE OF APPLICA � j� q� M ' � CJ" C GAT E WHITE - INSPECTOR YELLOW-FILE PINK-APPLICANT —20- PROPERTY OWNERS ' STATEMENT OF RIGHTS When highway improvements are undertaken with Federal assistance , property owners in the affected areas have the following rights ; unless specifically waived through the election to donate the property or easement to the City: 1 ) To have the property properly appraised as to the value of the take and damages , based on the date of acquisition. 2 ) To have had your own appraisal for which you will be reimbursed $300.00 by the City. 3 ) To accompany the appraiser on his inspec- tion to better understand the extent and effect of the acquisitions. 4) To receive a letter offering the full appraised amount . 5 ) To receive the appraised amount as fair compensation. b ) To receive compensation for damages . 7 ) To receive an itemized accounting of how the compensation has been computed. I have received a list of the above rights and understand my rights as a property owner. roperty caner Property Owner -21- December 30, w{/s1983 'EIV FID H R. Spurrier, City Engineer / 9� City of Shakopee 129 East First Avenue Shakopee, Minnesota 55379 RE: ;'our letter of December 15, 1983 Dear Mr. i;urrier: Your existing records will confirm that our corporation has a developable parcel within the propo-sed Trunk Highway 101 by-pass right-of-way. Those same records will also confirm that we have owned this property since 1967 and that this property is fully platted into lots, outlots, dedicated park area and road right-of-way within the area. Furthermore, your records will show that many lots have been sold and that there are a-veral houses within the development. Your records will also show that a home was moved on Lot 1, Block 1 several years ago and, since that time, we have co-operated with the City of Shakopee in not pushing the sale of Lots 2 through 7 in Block 1 because of the location of those lots within the proposed by-pass area. The property, involved in the by-pass Plans, has become a financial burden to our corporation for the following reasons: 1. The real estate taxes continue to rise and must be paid 2. Lot. sales have suffered because of the amount of general information on the proposed by-pas^ in the news media. Unless the property, in the proposed right-of-way, is purchased by the City of Shakopee in the coming year of 1984, it is our intention to actively promote the sale and development of this property and other adjoining property which we own in this area. We do appreciate the opportunity to work with you on a possible solution to this problem which has become a serious burden for our corporation. Sincerely Y Vernon 14. Lang Secretary-Treasurer Prestige Parks, Inc. 612 Fast Third Avenue Shakopee, Minnesota VML/se 55379 —22— t � WHITE—Office Copy No. 1517 A YELLOW—Buyer's Copy GREEN—Seller's Copy MILLER-DAVIS Co. PURCHASE AGREEMENT PINK—Buyer's Receipt Minneapolis Shko��Pe.............................Minn ........:...Septeaher 13 19$0 ,...................................... . RECEIVED OF ...Vr:kLLEY PAVING, PIC. ' ........................................................................................................................................................ the sum of....On,... .Thousand and OO/100--------_--_--_-_-----------"."(3 1 ,OOO,QQ ) DOLLARS r check ......as earnest money and in part pAyme6r:for the purchase of property at (Check,Cash,to be deposited upon acceptance,or Note—State Which) County .'Ma ' 10, Shakopee, Minnesota ..........................................................................................................................................................situated in the ounty of...............:: .........i................... .........................., of in d escr bed Il w State Minnesota an le Ily d i as fo ows to ir. hat , , o ' *.l(; Ldnst i/2 Of the South�aest t�uarteI 15 ' c yinl:j north of County Road 16 an:l .10S�Crly of Lut 1 , Block 1 , OCCO lst Addition„ Subject to Nlorthern Natural Gas Company E<.semant, a copy of which is attached hereto. including-all-garden bulbs;plantsi-shrubrand-trees,-all-storm-sash,stofrrdoors;detachablevestibules,screens;awnings;--wilidoav shades, blinds (including venetian blinds), curtain rods, traverse..rods, drapery r-ods,,�lighting-fixtures and'-bulbs, plumbing fixtures, hot water tanks and-heating.plant (with'any burners,ranks,-stokers and other equipment used in connection there- with), water softener and liqqu1. gas tank`dttd-conttgls'(iE the property of seller), sump pump, television antenna, inciner- ator, built-in.dishwasher;-garbage' disposal, ovens, coot/iop"stoves_and central air conditioning equipment, if any, used and locafed on said premises-and-including-also-the-foliowing--personat-proj t:Ptq: all of which proerty the undersigned has this day sold to the buyer for the sum of: Fifty-five Tlousaflk: ano 00/100------------- _-__-_-__------ 55,000.00 ........................................................................................................................................ ....... ...............) DOLLARS, which the buyer agrees to pay in the following manner: ch,�24'vl . money herein paid a...�. 1t:.....:....and$.... ' '.`...'..... .,cash,on ��r ��( f .. ....�..........�.:... the date o ing."'ale is contingent upon the following conditions: (at buyer shall obtain financing for the land described above and the propos dprovements thereon satisfactory to buyer. 2. That seller shall obtain and provide a survey of said..property satisfactory to buyer and shall take all steps necessary, including"platting, to provide buyer with a fileable deed and a buildable lot. 3. That buyer shall be allowed to immediately commence conducting soil tests at buyer's expense to determine whether or.-not soil conditions on said parcel are satisfactory to buyer, and if said conditions are not satisfactory this purchase agreement shall be null and void. 4. Seller warrants that any required utility easements will not exceed the north 15 1 feet for a permanent easement and the adjacent 35 feet for a temporary construc- tion easement. i 5. If any of the contingencies set forth in paragraphs 1 , 2, 3, or 4 are not met, this purchase agreement shall be null and void and all earnest money shall be returned to buyer. 6. Seller agrees to pay on or before closing, all pending and levied special assess- ments against said property. -. _. ..g-.. un.c-uccu --v.— nu... ....Is. va...,rw...• r--_ ..... ---- - In the event this property is destroyed or substantially damaged by fire or any other cause before the closing date, this agreement shall become null and void, at the purchaser's option, and all monies paid hereunder shall be refunded to him. The buyer and seller also mutually agree that pro rata adju; a is f regi , i te ;j insurance and city water, and, in the case of income property, current operating expenses,shall be made as of .....':.�t.....8.f..I.....O�I�bi.................................................. ..... .................. The seller shall, within a reasonable time after approval of this agreement, furnish an abstract of title, or a Registered Property Abstract certified to date to include proper searches covering bankruptcies, and State and Federal judgments and liens. The buyer shall be allowed 10 days after receipt thereof for examination of said title and the making of any objections thereto, said objections to be made in writing or deemed to be waived. If any objections are so made the seller shall be allowed 120 days to make such title marketable. Pending correction of title the payments hereunder required shall be postponed, but upon correction of title and within 10 days after written notice to the buyer,the parties shall perform this agreement according to its terms. If said title is not marketable and is not made so within 120 days from the date of written objections thereto as above provided, this agreement shall be null and void,at option of the buyer,and neither princrpa! shall be liable for damagc< hereunder to the other pri.wipal. All money theretofore paid by the buyer shall be refunded. If the title to said property be found marketable or be so made within said time, and said buyer shall default in any of the agreements and continue in default for a period of 10 days, then and in that case the seller may terminate this contract and on such termination all the payments made upon this contract shall be retained by said seller and said agent, as their respective interests may appear,as liquidated damages,time being of the essence hereof.This provision shall not deprive either party of the right of enforcing the specific'performance of this contract provided such contract shall not be terminated as aforesaid,and provided action to enforce such specific performance shall be commenced within six months after such right of action shall arise. It is understood and agreed that this sale is made subject to the approval by the owner of said premises in writing and that the under- signed agent is in no_maoner fable.or,rgsppp a acfo�t t of his a, eemegt except to re�uut�r a tour for the ear�t�s�ptogle� a under this contract. � '' y " ('U. �:Ic�i� 1 IL!� st y: i vf' Ucys 7n YtfllC.1 �0 �CL('.�1i: LII S tJ C . The delivery of all papers and monies shall be made at the office of: .•.......•••••.............••••...................••..••• James F. 0'„1:911 Cr npany .... ..................I.............................. ............... �ha :oref',y!.A` b kJB t .z. ......... Agent I,the undersigned,owner of the above land,do hereby approve the above agreement and the sale thereby made. I he y agree to purchase the said property for the price and upon the terms above mentioned, and subject to all conditions Pir,t j I ,is F;', herein expressed. ..............................................................................................(SEAL) VALLEY PAVING, ItiC. Seller ..............................................................................................(SEAL) Bu es Y .`...........................................................................................(SEAL) ...r3y.:........ .... ........................................... .. (SEAL) Seller Buyer APPLICATION FOR BUILDING PERMIT SHAKOPEE, MINNESOTA 55379 612-445-3650 B•P APPLICANT TO COMPLETE NUMBERED SPACES ONLY I. PROJECT ADDRESS: 2 OWNLROFLAND NAME ADDRESS 3. DESCRIPTION OF .SND BY: LOT. BLOCK, ADDITION: PARCEL NO: „ /� / •%'/ /F , METES AND BOUNDS: PLAT. �- 1. APPLICANT. - j�/Q/='� 5. CONTRACTOR. NAME ADDRESS NAME ADDRESS 6 CLASS OF WORK ADDITION ❑-ALTERATION ?,REPAIRF�-MOVE ❑-RAZING ❑-HOUSE [I-SIGN [J-PATIO ❑-PORCH /]-STORAGE BLDG. ❑-TANK /r❑-DRIVEWAY ❑-FENCEX-GARAGE 7 DESCRIPTION OF PROJECT ��LICC'_ / Sc 8 BLDG WIDTH BLDG LENGTHBLDG HEIGHT - - - - - __� ---- 9 ESTIMATED COST OR VALUE S `5-0 Goo I --------L— SPACE BELOW FOR OFFICIAL USE ONLY TYPE OF CONST TOTAL SO FEET FIRE ZONE NO DWELLING UNITSI OCCUPANCY GROUP NO. OF STORIES I USE ZONE DIVISION MAX OCC LOAD I FIRE SPRINKLERS OFFSTREET PARKING SPACES I IREOD El YES ❑ NO COVERED UNCOVERED LIMITING CONDITIONS PPLICATION APPROVALS w-s C c)14 CITY-Z NI IS ADMIN RATOR D TE 2 C MENTS CITY E I R DATE D CITY BUILG OFFICIAL ATE APPLICATION FEES NOTES � PERMIT 5 1. SEPARATE PERMITS ARE REQUIRED FOR ELECTRICAL, PLUMBING, MECHANICAL, SEPTIC PLAN CHECK S TANK,SIGNS. AND WELL INSTALLATIONS. GRADE AND SURVEY CHECK S- 2. THIS PERMIT BECOMES NULL AND VOID IF WORK PARK AND LAND S OR CONSTRUCTION AUTHORIZED IS NOT COM- MENCED WITHIN 120 DAYS, OR IF CONSTRUCTION IS SUSPENDED OR ABANDONED FOR A PERIOD OF 120 WATER CONNECTI N S DAYS AT ANY TIME AFTER WORK IS COMMENCED. SEWER CONNECTION S 3. A COLORED PHOTOGRAPH MUST ACCOMPANY WELL AND SEWAGE DISPOSAL SYSTEM S ss�� ALL RELOCATION PERMIT APPLICATIONS. PENALTY OR APPEAL S 4. TWO SETS OF PLANS AND SPECIFICATIONS MUST - - ACCOMPANY EACH PERMIT APPLICATION FOR THE STATE SURCHARGE S FOLLOWING: TOTAL $ ' A. COMMERCIAL PROJECTS — 8. INDUSTRIAL PROJECTS X 1 Z)_ _ �- - C RESIDENTIAL DWELLINGS SIGNATURE OF APPLICANT (OVER) � � �2-� DATE ; WHITE INSPECTOR YELLOL4 FILE /�� PINK•APPLICANT M E M 0 TO Shakopee Planning Commission FROM: Judi Simac'; City Planner' RE Opinions by City Attorneys Regarding Land Uses and Development DATE: December 2.3, 1983 Recently a few staff members, including myself, met with City Attorneys Coller and Krass to discuss the rights and obligations of developers with respect to public dedications or improvements. The counsel resolved several questions and for your information, I would like to make these points known. 1. When obtaining easements for road dedications, park dedications, construction improvements , etc. , the City cannot take more than what is necessary to serve the parcel of property in question. The City cannot require a trunk facility dedication. 2. In the platting process, a Concept Plan may be requested but not required. Preliminary Plat approval may be extended beyond one year with staff approval . 3. A conditional use is a land right. If the applicant qualifies (ie. has one of the listed conditional uses in the district) , he must be granted the conditional use. The conditions placed upon the permit can only ask for those items necessary to protect the public from what the land is being used for. 4. When reviewing an application for a building permit, the staff can require protection of historic ponding or retaining areas, but only if they exist on the site being considered. The staff may contribute problem solving ideas for the applicant in order to obtain the best solution for all parties. 5. The City cannot impose subdivision requirements if someone is not dividing the property. For example, a plat can't be required for an existing lot of record. 6. When a new commercial or industrial parcel is created through subdivision, the parcel must be platted. JS/jvm —25— �s APPLICATION FOR BUILDING PERMIT SHAKOPEE, MINNESOTA 55379 B P NO �� Q' 612-445-3650 a APPLICANT TO COMPLETE NUMBERED SPACES ONLY 1. PROJECT ADDRESS: 2. OWNER OF LAND: M e LC ) / NAME ADDRESS 3. DESCRIPTION OF LAND BY: LOT, BLOCK, ADDITION; PARCEL NO: METES AND BOUNDS: PLAT. 4. APPLICANT: C L V Y /CJ L/� C 5A Aoev le 5, CONTRACTOR NAME ADDRESS _ 5' NAME ADDRESS 6. CLASS OF WORK: .-ADDITION , -ALTERATION -REPAIR -MOVE ., RAZING EJ-HOUSE ❑-SIGN /,-PATIO -PORCH X-STORAGE BLDG -TANK DRIVEWAY !7-FENCE ❑-GARAGE 7 DESCRIPTION OF PROJECT 8. BLDG WIDTH: / D / BLDG LENGTH BLDG. HEIGHT: 9 ESTIMATED COST OR VALUE S L�00. V V v SPACE BELOW FOR OFFICIAL USE ONLY TYPE OF CONST TOTAL SO FEET FIRE ZONE ;NO DWELLING UNITS! OCCUPANCY GROUP NO. OF STORIES USE ZONE DIVISIONMA% OCC LOAD FIRE SPRINKLERS OFFSTREET PARKING SPACES REQ'0 YES , NO COVERED UNCOVERED LIMITING CONDITIONS APPLICATION APPROVALS /?P /vr , evjr /o r---Pr /oc�r_,^ � /r e!{J OF /C VT/UT; C1 -ZONI G ADMINISTRATOR DATE COMMENTS CITY ENGINE R D E / 0317 CITY BUI.I_DING OF ILIAL DATE NOTES PERMIT FEES PERMIT 1, SEPARATE PERMITS ARE REQUIRED FOR ELECTRICAL, PLUMBING. MECHANICAL, SEPTIC PLAN CHECK 5 TANK,SIGNS,AND WELL INSTALLATIONS. GRADE AND SURVEY CHECK S 2. THIS PERMIT BECOMES NULL AND VOID IF WORK PARK AND LAND S OR CONSTRUCTION AUTHORIZED IS NOT COM- FIRE NUMBER S MENCED WITHIN 120DAYS,'OR IF CONSTRUCTION IS SUSPENDED OR ABANDONED FOR A PERIOD OF 120 WATER CONNECTION S DAYS AT ANY TIME AFTER WORK IS COMMENCED. SEWER CONNECTION S 3. A COLORED PHOTOGRAPH MUST ACCOMPANY WELL AND SEWAGE DISPOSAL SYSTEM S ALL RELOCATION PERMIT APPLICATIONS. PENALTY OR APPEAL S 4.TWO SETS OF PLANS AND SPECIFICATIONS MUST - ACCOMPANY EACH PERMIT APPLICATION FOR THE STATE SURCHARGE 5 FOLLOWING: TOTAL $ >'o A.COMMERCIAL PROJECTS B. INDUSTRIAL PROJECTS C. RESIDENTIAL DWELLINGS n� (OVER) SIGNATURE OF 157CANT -3 -- 2) O DATE WHITE-i SPECTOR YELLOW-FILE PINK-APPLICANT —26— MEMO TO: Mayor and Council FROM: John K. Anderson, City Administrator RE : Petition for Extension of Cavanaugh Drive DATE : January 4, 1984 INTRODUCTION City Council has established a review procedure for petitions received for public improvements under Resolution No . 2174. We have recently been contacted by Art Hatch, Presi- dent of Rubber Industries , Inc . regarding a road access problem at Rubber Industries . This is an unusual request which asks that the Council acquire public right-of-way to resolve an access problem for one property owner, in this case , Rubber Industries . STANDARD PROCEDURES Normally a petition for a 429 improvement is run through the standard process outlined in Resolution No . 2174. That process does not require that a petition received from residents go initially to City Council ; however, in this case Staff is recommending that the Council receive the petition and direct Staff to follow the normal procedures as outlined in Resolution No . 2174. The purpose for adding this unnecessary step to the 429 process as outlined in Resolution No. 2174 is to provide the City Attorney with a tool to present to Rubber Industries and Warner True Value to see if he can resolve the problem prior to our spending time and money in the 429 process of acquisition of the road extension. Further complicating this whole issue is the fact that the City of Shakopee formally vacated this road in 1973 based upon a petition received from Rubber Industries and Kraufman and Broad Custom Homes , Inc . A copy of the petition for vacation is attached and you will note that the last sentence indicated that an easement was to be obtained. Apparently that easement was never recorded and therefore any easement agreement is voided since the property has changed hands . ALTERNATIVES 1 . Receive the petition and direct Staff to begin the 429 process outlined in Resolution No . 2174. Again, the purpose for taking this tact is to provide the City Attorney with some leverage in negotiating a quick settlement to this problem. Petition for Extention of Cavanaugh Drive Page 2 January 4, 1984 2 . Direct Staff to drop the whole matter . The rationale for this alternative is simply that it is a private matter that should have been handled properly back in 1973 and the City has no business getting involved at this time . While this rationale is correct , it does leave Rubber Industries in an awkward posi- tion in resolving their need for access to the public road and they are an industry the City has supported in the past . RECOMMENDATION Staff recommends Alternative No . 1 for the reasons outlined above . ACTION REQUESTED 1 . Pass a motion receiving the petition dated December 12 , 1983 and direct Staff to begin the normal 429 process as out- lined in Resolution 2174. 2 . Direct the City Attorney to personally contact both industries involved, inform them that the City has initiated the 429 process for roadway acquisition, and have him request that the two parties meet with him to resolve the matter to eli- minate the unnecessary expenditure of City time and money on this petition. JKA/ldd a .3 PETITION POR ASSE'SSABLE PUBLIC IMPROVEMENT TO THE CITY COUNCIL OF THE CITY OF SHAKOPEE We, the undersigned are the owners in fee of the following described real property, to-wit: A tract of land in the East Half of the Northeast Quarter of Section 6, Township 115,North of. Range 22 West, Scott County, Minnesota, described as follows.: Beginning at the intersection of the South boundary of the Chicago, Northwestern Railroad and the West line of said East one-half of the Northeast Quarter; thence South along said West line a distance of 525.85 feet; thence East at right angles a distance of 387.4 feet; thence North at right angles a distance of 601.25 feet to the said South boundary of the railroad; thence westerly along said South boundary of said railroad to the point of beginning. The above described property abuts on the proposed improvement and is benefited thereby. The public improvements petitioned for are as follows: Laying out and building an extension to the south terminus of Cavanaugh Drive described as follows: That part of the West 417.40 feet of Southeast Quarter of the Northeast Quarter of Section 6, Township 115, North, Range 22 West, Scott County, Minnesota, lying South of the Southerly boundary of railroad right-of-way of the Chicago, St. Paul, Minneapolis and Omaha Railroad; East of a line 387.4 feet East of the West line of said Southeast Quarter and North of the following described line: Beginning at the intersection of the South line of said railroad right-of-way with the West line of said Southeast Quarter of the Northeast Quarter; thence South along said West line of said Southeast Quarter of the Northeast Quarter a distance of 525.85 feet; thence East at right angles a distance of 387.4 feet; thence North at right angles a distance of 401.25 feet to the point of beginning of the line to be described; thence East at right angles a distance of 30.00 feet to the East line of said , West 417.40 feet: and there terminating. Dated this ' day of _�' C��2 198 •.�-:."- Petit. r G� r' f Approved as to form this Teti %ner day of 1.98 . Cit Attor a Y Y �—�-- VACATION PETIT ON TO THE COhMN COUNCIL OF THE CITY OF SHAKOPEE: Pursuant to Section 2, Chapter VI of the Charter of the City of Shakopee, we, the undersigned owners of the property adjacent to that certain "Cavanaugh Drive" situated in the Southeast quarter of the North- east quarter of Section 6, Township 115 North, Range 22 West, Scott County, Minnesota, to which the City of Shakopee has asserted a claim, hereby petition the Common Council to vacate said road as well as any streets, alleys, drives or public land laid out and used by the City of Shakopee within the limits of the property described in Exhibit A attached hereto. Such vacation shall not be deemed to release the City of Shakopee's rights under certain water and sewer easements stated in Warranty Deed dated September 4, 1962, filed September 5, 1962 and recorded in Book 155 of Deeds, pages 153 and 154, which rights were subsequently assigned to the City of Shakopee in Assignment of Easements dated November 30, 1962) filed December 14, 1962 and recorded in Book 156 of Deeds, pages 181 and 182, The City attorney has asserted that there are no public records which provide a legal description for this road. Kaufman and Broad proposes to build its own road along the west boundary line of its property so as to serve its property and the Rubber Industries property. Rubber Industries approves this new road and the easement which Kaufman and Broad has given over it. Dated this _1 day of '. �i�h� , 1973. KAUF'MIiN AND BROAD CUSTOM HONES, INC. By Max " mansky, President ✓'f J RUBBER I TRT By rthur J. Ha , Presi ent y. t y. MEMORANDUM TO: John K. Anderson/City Administrator FROM: H.R. Spurrier/City Engineer RE: Street Rehabilitation Policy DATE: January 6 , 1984 Introduction: I have relabeled the attached cost estimate for rehabilitation and also attached a map of District 3 illustrating potential rehabilitation work in the District . Background: The labels in the cost estimate in the memorandum from December 20 and on the map all agree . The example in District 3 is intended to show the impact of direct and zone assessments as well as the potential total levy to $50,000 of valuation. The direct assess- ment would be applied to all of the property bordering a solid line. The zone assessment would be levied against all property in District 3 . The City levy would be applied to all property in the City. The total present value of the levy that would be made against property for work in each district is the last item on the estimate sheets . That number represents the share each home with $50 ,000 value would have of rehabilitation in each of the districts . The total City levy assuming $50 ,000 value would be the amount paid if all of the rehabilitation work in the estimate was performed. This information is intended to supplement the material previously distributed. These estimates should replace any other estimates submitted. It is recommended that City Council take action on the recommendations made for December 20 , 1983 , then give staff direction regarding the relative percent that should be applied to the assessments and levies . Action Requested: City Council take action on the recommendations made for December 20 , 1983 , and give staff direction regarding the relative percent that should be applied to the assessments and levies . HRS : cau Attachment MEMORANDUM TO: John K. Anderson/City Administra r FROM: H.R. Spurrier/City Engineer RE: Trunk Highway 101 Bypass Right-of-Way Acquisition DATE: January 10, 1983 Introduction: Attached is a letter and a revision to Resolution No. 2195 , a resolution which made a loan application pursuant to Minnesota Statutes Chapter 473 . Background: After making preliminary application on the above captioned matter, Metropolitan Council staff-MN/Dot staff recommended revisions in the application format since this is the first and will be used to format any additional applications . Recommended Action is to reconsider Resolution No. 2195 and adopt the revised Resolution 2195 attached along with the revised attachments to Resolution 2195, which have the proper format . The only change in the application is the deletion of one property in Killarney Hills which cannot be acquired because improvements have been made to the lot . That reduces the total application by $7 ,000.00. That is reflected in the revised number in Resolution No. 2195 . Action Requested: 1 . Motion to reconsider Resolution No. 2195 . 2 . Motion to adopte Resolution No. 2195 as revised. HRS : cau Attachment 9H Yt=1 ''7 m n �; N 7� Ot7H (nH t7dC=l ;noro � � 00 �;• m O N m m o m H. 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