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-
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—9—
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PARCEL 6
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—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
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