HomeMy WebLinkAbout07/28/1987 TENTATIVE AGENDA -
ADJ.REG.SESSION SHAKOPEE, MINNESOTA JULY 28,_ 1987
Mayor Reinke presiding
1. Roll Call at 7:00 p.m.
2. Public Hearing to determine whether or not the Scott County
Historical Society has complied with certain conditions
contained in quit claim deeds.
a. Introduction by Mayor Reinke
b. Report from staff
C. Response by Scott County Historical Society
d. Comments by members of the audience
e. Instructions by the Assistant City Attorney
f. Council discussion
g. Council action
3. Other business:
a. Shakopee Jaycees Temporary On Sale 3.2 Beer License
tabled July 21 - memo on table
b.
C.
4. Adjourn.
John K. Anderson
City Administrator
e�
STATEMENT
7-28-87
Ordinances 290 and 300, adopted by the City Council on December
17, 1968 and July 8, 1969 provided for the conveyance of certain
lands to the Scott County Historical Society with certain
conditions and instructions.
Minnesota Valley Restoration Project (MVRP) was incorporated
under the laws of the State of Minnesota as a non-profit
corporation on February 5, 1972 to administer Murphy' s Landing.
The Board Members for the Scott County Historical Society were
also Board Members for the Minnesota Valley Restoration Project
(MVRP) . Board Members served a dual role from 1972 to 1982.
In 1982, upon the resignation of Margaret Mac Farland as Full-
time Director of the Scott County Historical Society andthe
Minnesota Valley Restoration Project (MVRP) , the Scott County
Historical Society established a new Board of Directors for the
Scott County Historical Society. A few Board Members initially
servedon both Boards.
From 1982 forward there have been two separate Boards.
z
MINNESOTA HISTORICAL SOCIETY
FOUNDED IN 1849 - 690 Cedar 511".51. NO,M.IIC a 55101 (612)296-6126
JUN 21987 June 19, 1987
CITY OF SHAKOPEE
Mr. John Anderson, City Administrator
Shakopee City Hall
129 Fast 1st Avenue
Shakopee, MN 55379
Dear Mr. Anderson:
It has r® to my attention that discussions are being held regarding
the future of Murphy's Landing.
- The Minnesota Historical Society is keenly interested in encouraging
accurate and exciting presentations of the state's story at the many
important historic sites throughout the state. "History Where It
Happened" can be a rich educational experience for school groups and
visitors if carefully planned and well managed.
The story of the Minnesota River Valley is a fascinating and important
one. Ft. Snelling, a site operated by the Minnesota Historical Society,
tells the story of a pre-settlement United States military outpost at
the confluence of the Mississippi and Minnesota Rivers. The
interpretive programmin�o at Murphy's Landing can extend this experience
by exploring early settlement patternsinthe valley.
As you continue discussions, we urge that you plan with the utmost care
for solid historical interpretation. Experience has shown that a
quality interpretive program will result in substantial educational and
economic benefits for the local community. Any caumnfty that has a
desire to communicate its heritage in a meaningful way can afford no
less.
Sincerely,
-1.,(,t.CA. GA
Nina M. Archabal
Director
Mwsl
8250 Old Hwy 169 Blvd. KECEIYED
Jordan, Yinnesb" 55352
July 25, 1967
Jilt 2 7J
Deal Sirs, OrY OF ShAKIPpa
There are points in the controversy between the MVHB and the
llisborical Society that I feel should be considered.
How come there is no museum for 6cott County? Does Scott Cty history
only happen between 1840-1900? Anyone who is interested in Scott Sty.
finds only I-BuThy's lending for information. Where does the Society
function? I have never seen a membership drive or a booth at the
County fair? Who are they? I never find information about them in the
Jordan paper until recentlyl.
When does one county count another's artifacts as their own? The
building at Murphy's are from another county( at least some of them).
In their present setting they are correct for the A1innesota Valley at
least to Hendersen, so they give the vistior a sense of continuity.
If you want to become a society for the city of Shakopee you will
have to go throughthe county society also. Just look to your nieghbor of
Chask-a.
As for money. I dont mindgivingto a-working organization.
To give money to just a post office box is rediclious. To really run
a site takes a lotofmoney, and for pointers just look to the zoos
of today. They have to hold dinner parties in the animals area.
MurphySs landing has forsomereasonbeen holding on and doing well -
even with shrit tail budget.
Page 2
Scott County Historical Society should fire thier newsletter editor.
The v01.1 no 2 was not a newsletter it was a ill written piece of pro-
paganda hate mail. Only one piece of good news.
I believe that you have to really look a the county society and find
them at fault. They never really knew thier function as a society and
a disperser of historical information. They are not comunication with the
public and getting all of Scott ety involved with the rich heritage of the
the past. At least Murphy's is growing and is active.
In closing from what I see, with such little information. We in Acott -
county need a new society. One who will put old wrongs in the enlightened
knowledge of what other counties, other organizations, and other sites inthe
country are doing. So, leave the site alone for now or give it to
the state.
Sincerely y s,
Anne M a r _ .
Page 2
Scott County Historical =ociety should fire thier newsletter editor.
The v01.1 no 2 was not a newsletter it was a ill written piece of pro-
paganda hate mail. Only one piece of good news.
I believe that youhave to really look a the county society and find
them at fault. They never really knew thier function as a society and
a disperser of historical information. They are not comunication with the
public and getting all of Scott cty involved with the rich heritage of the
the past. At least Murphy's is growing and is active.
In closing from what 2 see, with such little information. We in Scott
county need a new society. One who will put old wrongs in the enlightened
knowledge of what other counties, other organizations, and other sites inthe
country are doing. So, leave the site alone for now or give it to
the state.
Sincerely y • s,
Anne M a r -"
SCOTT COUNTY HISTORICAL SOCIETY
PUBLIC HEARING
JULY 28, 1987
INTRODUCTION
On February 3 , 1969 and on July 8 , 1969 the City of
Shakopee conveyed property to the Scott- County Historical
Society . Within the quit claim . deeds , the City retained
reversionary rights if certain terms of the conveyance were not
complied with.
It now appears that sufficient cause exists to suggest that
various terms of those quit claim deeds have not been complied
with.
A public hearing has been set by the Shakopee City Council
for July 28 , 1987 at 7 :00 p.m. to determine whether or not the
Scott County Historical Society has complied with the terms and
conditions of the February 3, 1969, and July 8 , 1969 , quit claim
deeds.
TABLE OF CONTENTS
Pace
1 ) Ord. No. 290 and Ord. No. 300 authorizing conveyance of 1
land to Scott County Historical Society listing
limitations an reservations on conveyance.
2) Quit Claim Deed dated February 3, 1969. 8
3) Resolutions adopted by MN Valley Restoration Project, 13
Inc. dated April 27 , 1987 and May 4 , 1987 requesting
support of the continued management of Murphy ' s Landing
by the MVRP.
4) Resolution adopted by Scott County Board of 15
Commissioners dated May 5 , 1987 encouraging the City of
Shakopee to retake lands transferred under certain
conditions and restrictions to the Scott County
Historical Society.
5) May 5 , 1987 correspondence from Maurice H. Stans, the 17
Stans Foundation, regarding continued support for the
Murphy' s Landing Project.
6) Resolution No. 2741 adopted by City Council on June 16, 18
1987 setting a Public Hearing.
7) Affidavit of Publication of Public Hearing in the 20
Shakopee Valley News on July 1 , 1987.
8) Copy of Published Public Hearing Notice. 21
9) Copy of letter to Linda. Gode, Secretary, Scott County 22
Historical Society advising of Public Hearing.
10) Copy of letter to Jacqueline Joslyn, President, Scott 23
County Historical Society advising of public hearing.
11 ) Copy of letter to Marge Henderson, President, MN Valley 24
Restoration Project advising of public hearing.
12) Letter from City Attorney regarding transfer/mortgage of25
property.
13) Insurance 27
14) Financial Reports 29
15) Minutes - 31
16) Memo from Asst City Attorney dated June 12, 1987 listing32
City alternatives if ownership is reobtained.
-290 CAAPT_ER 9.08
An Ordinance 'Providing for the Conveyance of Certain Lads to the Scott County
Historical Society, Inc., and Attaching Certain Conditions Thereto
and Placing Certain Restrictions Thereon
ir=—RE S, The Scott County Historical Society, Inc., hereinafter referred to
as the Society, is a duly incorporated non-profit society under and pursuant to
the laws of the State of Kinnesota, and _
IMFEAS, Said society has made a serious study for the development of an
historical site and park to be located on certain property hereinafter described
and has discussed the plans evolved as a result of such study with the City
Planning Commission of the City of Shakopee and the Common Council of the City
of Shakopee, and the Society has secured funds for further study and development
and is in the process of securing other and additional fonds for said purpose, and
1-MREAS, The Society has alleged and demonstrated that a prime condition .
prerequisite to the securing of additional private and other funds for the further
development of said historical site and park is the acquisition of legal title to
said land, and
1;�F,P&S, The Planning Commission of the City of Shakopee has on June 1.8, 1968
by a unanimous vote of all of its members duly determined that the City property
hereinafter described would serve a superior public use and purpose if in fact
developed and used as contemplated by the Society, and that it is not desirable
for public purposes in its present state and use, and has recommended the conveyance
of said land to the Scott County Historical Society, Inc. for such purpose.
TIMREFORE, THE CONMON- COUNCIL OF Tis. CITY OF SHLKOME DOES ORDAIN-
SECTIO_! I Ad ntin^ and Approvinc the Findings of the Planning Commission
The Common Council here's,; adopts and approves the findings of the Planning
Cowes ssion that the property hereinafter described is no longer needed by the
City of Shakopee for its present use and purposes and it is not desirable for
..._public purpose in its present state, and the Council has no plan for the further
use and development, but that the property hereinafter descried would serve the
highest foreseeable public use and purpose if conveyed under certain conditions
to the Scott County Historical Society, Inc. for the development of an historical
site and complex.
(1)
SCTIO' II: Directing, Conveyance
The Com on Council of the City of Saakopee hereby authorize and approves
the conveyance and transfer of title to the Scott County Historical Society, Inc.
for the nominal consideration of One and ro/100----___________________Dollar
the following described tract of land, to-reit:
The following part of the City property, which City property is
described as follows, to-wit: Government Lots 1 and 2, Section
32, Township 116 North, Range 22 Hest; that part of Governnent
Lots 1 and 2, the Northwest 'Quarter of the northeast Quarter,
and the northwest Quarter of the Northwest Quarter of Section 5,
Township 115 north, Range 22 Hest lying North of the North line
of State Trunk Highway iF101, being Route $187, which said property
to be conveyed by this deed is more particularly described as
follows: lying East of the following line:
Beginning at a point on the centerline of the Hest bound lane of
Trunk Highway ¢101, distant 1671.07 feet (as measured along the
centerline of said lane) East of the Hest line of Section 5,
Township 115, Range 22; thence North at right angles a distance
�.
of 202 feet; thence deflecting to the Hest at an angle of 87=48'
a distance of 67.75 feet; thence deflecting to the North at an
angle of 23°10' a distance of 251.4 feet; thence deflecting to
the North at an angle of 23=38' a distance of 403.1 feet; thence
North a distance of 130 feet more or less to a point 30 feet
North of the North bank of the Mill Creek; thence Easterly and
parallel to said North bank to the Hinnesota River and there
terminating.
Excepting therefram the following described tracts:
1. The Northeast Quarter of the Northeast Quarter of the Northeast
Lluarter, Section 5, Township 115 north, Range 22 Hest, lying north
of the North line of State Trunk Highway $101, and
Reserving, however, unto the City of Shakopee all right, title and interest
in all structures and improvements in and on and the right to possess for a period
not to exceed ten years from and after Januanr 1, 1969 the following tract, to-wit:
The South Half of the Southeast Quarter of Northwest 'Quarter of
NortheastQuarter of Northwest Quarter of Section 5, Township
115 North, Range 22 Hest lying ?iorth of the north line of State
Trunk Highway =101, and
r:
Reserving further, as a roadway, a strip of land 50-feet in width, the center-
line of which coincides with the centerline of the existing traveled roadway as
presently located and traveled; said strip of land being located in the Northwest
Quarter of Section 5, Township 115 North, Range 22 ?lest and running in a general
northerly - southerly direction between State Truk Highway =101 and 30 feet north
of the Hill Creek, but granting to said grantee, its licensees and invitees, the
full right to use said road for passage in common with others, all the above land
lying and being in the County of Scott and State of :iinnesota.
(2)
7ireetinr Conve-:ance
The Comon Council. of the City o: Snaropee hereby authorizm and approves
the conveyance and transfer of title to the Scott County _stor_cal Society, Inc.
for the novnal consideration of One and
the following described tract of land, to-ttit:
The following part of the City property, which C y property is
described as follows, to=.wit: Goverment Lots 1 and 2, Section
32, Township 116 North, Range 22 ?lest; that part of Government
Lots 1 and 2, the northwest :quarter of the northeast Quarter,
and the Northwest Quarter of the Northwest Quarter of Section 5,
Township 3.15 north, Range 22 West lying idorth of the north line
of State Trunk Fighway =101, being Route -187, which said property
to be conveyed Dy this deed is more particularly described as
follows; lying East of the following line:
Beginning at a point on the centerline of the West bound lane of
Trunk Highway ;"101, distant 1671.07 feet (as measured along the
centerline of said lane) East of the West line of Section 5,
Township 115, Range 22; thence Worth at right angles a distance
of 202 feet; thence deflecting to the Vest at an angle of 87°48'
a distance of 67.75 feet; thence deflecting to the Horth at an
angle of 23°10' a distance of 251.4 feet; thence deflecting to
the North at an angle of 23°38' a distance of 403.1 feet; thence
Forth a distance of 130 feet more or less to a point 30 feet
North of the Borth bank of the Mll Creek; thence Easterly and
parallel to said Forth bank to the nannesota River and there
terminating.
Excepting therefrom the foll0"wing described tracts:
1. The Northeast Quarter of the Northeast Quarter of the Northeast
quarter, Section 5, Township ll5 north, Range Z West, lying North
of the North line of State Trunk _gaway =101, and
Reserving, however, unto the City of Shakopee all right, title and interest
in all structures and improvements in and on and the right to possess for a period
not to exceed ten years from and after Januar- 1, 1969 the following tract, to-writ:
The South naw= of the Southeast ,Iuarter of Northwest Zuarter of
- ,. r heast .luarter of northwest quarter of Section 5, Township
115 North, Range 22 West lying :forth or the 'forth line of State
Trunk Hi mwa,, =101, and
- Reserving further, as a roadway, a strip of land 5r-feet in width, the center-
line of which coincides with the centerline of the easting traveled roadway as
presently located and traveled; said strip or land being located in the Northwest
carter of Section 5, Town=_:tip 115 North, Range 22 pies. and running in a general
northerly southerly direction between State Tnrr : ighway ;101 and 30 feet :forth
of the frill Creel:, but granting to said grantee, its licensees and invitees, the
full right to use said road for passage in cocmon zrith others, all the above land
ly,_ng and bein_ ir- County of Scot`.. and 3iat> of :-nnesota.
(2)
S_C"IC'% III: Limitations and peservations on Conveyance
Said transfer ana conveyance above authorized and directed shall be upon the
following conditions, l dtations, restrictions and further reservations, to-crit:
A. The site is to be developed for and used as an Historical Society Park
and Ease= at the sole expense of the Scott County 3isto^cal Society, Inc. and
the said development shall be commenced within twelve (12) months from the adoption
of this ordinance and shall continue thereafter under the direction of said Scott
County Historical Society, Inc. for the benefit, use and education of the general
public, and upon such reasonable non-exclusive restrictions and lim2ations as may
be adopted by said society.
H. That the site and said improvements and betterments placed thereon shall
not be sold, encumbered, mortgaged or hypothecated, and that the Society shall
keep said property free of any and all liens and other dtachments at all times.
C. That the Society shall hold the City free and harmless from ar>yv and all
claims arising out of the use and development of said site as aforementioned and
will defend the City against any and all claims of whatever kind, nature or descrip-
tion, and before opening to the public shall file with the City of Shakopee a
public liability policy kith the City of Shakopee and Scott CountyHistorical
Society, Inc. named as assureds thereunder. -
L, That the Society maintain at all times, a mininum active, paid-uo membership
rester of one hundred loo Scott County residents.
7. That the Society file complete annual financial statements with the City
of Shakopee, indicating all monies directed to, and received for, the Shakopee
project to be developed on the hereinbefore described land; and verifying that
at least a substantial amount of all said monies be committed for the physical
development and artifacts to be placed on and for the i.mintenance of said project
on said land above described.
F. That the Society hold at least two. general meetings per year and an
annual election of officers, and prcotly file the names of said officers so
elected with the City of Shakopee.
G. That the City of Shakopee reserves the right to negotiate with the State
of Kinnesota for the location and construction of a bridge, highway and interc'nanSe
over and across said tract as not; being studied by the City, the State of Isinaesota,
( 3)
its agents, deear mentz and commissions, without incurring any liability camaCes
or indemnity whatsoever to said Society.
... That, should the Society fail to attract the anticipated financial support
and to develop and use andproperly maintain said site as proposed and hereinbefore
set out, or fail to comply with any of the terms 01' this ordinance, title to said
site together with all improvements and betterments thereon shall revert - to and
become vested in the City of Shakopee free and clear of any claims of any person,
firm, corporation or association; and any dispute or question as to the Society's
perfon. ce here:.nder shall be in the first instance determined by the Common
Council of the City of Shakopee at a public hearing to be held after thirty days'
written notice to said society specifying the grounds for said hearing, with the
right of the Society to appeal to the District Court of proper jurisdiction within
thirty days after said hearing and detervration by the Council.
I. That the Society by accepting this conveyance waives any and all claims
that it now has or may hereinafter have for its own benefit or the general public
or for its invitees and licensees against the City of Shakopee for any reason or
cause that arose, arises or might arise or result from the operation of the present
sewage disposal facilities operated by the City of Shakopee in the vicinity of the
sewage
above described property of any futurel disposal operations carried on in the vicinity
of the above described land.
SFCTI05 T4• Seuarability
Each and every section, provision and part of this ordinance is separable
from any other section, provision or part, and, should any section, provision or
part be held unconstitutional by a Court of competent jurisdiction, it shall not
affect any other section, provision or part hereof-.
SECIIQ-i 7: Acceptance by the Society and ;,,nen in norce
This ordinance shall became effective thirty (30) days from and after its
adoption and publication as provided by the amended Charter of the City- of Shakopee;
Provided that the Society shall file a duly notarized acceptance of all terms h ereof,
upon authorization given by a vote of the general membership of said Society duly
assemhled.
(4)
agents, aeuar:rerte a= con_-issions, without incurring an.. wi- c`1"g canoes
or incer..ity whatsoever to said Society.
z. That, should the Society fail to attract the anticipated financial suppert
and to develop and use andprope.rly maintain said site as proposed and hereinbefore
set out, or fail to comply with any of the rerns of this ordinance, title to said
site together with all i:_orovenents and betterments thereon shall revert to and
become vested in the City of Shakopee free and clear a£ any claims of any person,
firm, corporation or association; and any dispute or question as to the Society's
nerfon. nce hem%nder shall be in the first instance deterained by the Comnon
Council of the _ty of Shakopee at a public hearing to be held after thirty days'
written notice to said society specifying the grounds for said hearing, with the
right of the Society to appeal to the District Court of proper jurisdiction w:-thin
thirty days after said hearing and detenination by the Council.
1. That the Society by accenting this conveyance waives any and all clains
that it now has or may hereinafter have for its own benefit or the general public
or for its invitees and licensees against the City of Shakopee for any reason or
cause that arose, arises or dight arise or result from the operation of the present
sewage disposal facilities operated by the City of Shakopee in the vicinity of the
sewage
above described property of any futurel disposal operation carried on in the vicinity
of the above described land.
SECTi F IV: Ssnara4ili�-•
lack and every section, provision and part of this ordinance is separable
from any other section, provisior. or part, and, should any,, section, provision or
part be held unconstitutional by a Court of ccrpetent jurisdiction., it shall not
affect any other section, prouzsion or parr hereof.
53CT10ii 'i: acce�tance by the Societ^ and ?::nen in Sorce
This ordinance shall become effective thirty (90) days from and after its
adoption and publication as provided by the amended Charter of the Civ of Shakopee;
Provided that the Society shall file a duly notaazed acceptance of all teras h ereof,
upon authorization given by a vote of the general nembsrrship of said Societe duly
assemhled.
( 4)
Passed in Ar!i.Rez. session of the Comon Council of the City of Shakopee
held this 17 day of December 196_8_.
Presiders'.: the Comon Council
/Z/ r'�n i �A 'TiUJ
City Recorder
App d this 1 Y, 'of Pecembe; 1968 .
i:ayor-oft City of Shakopee
Prepared and approved as to form -
this 13th day of December, 1966.
City Attorney
(5)
C'?DrZ.Sj ' u 300
An Ordiance Providing for the Conve ance of Certain lands to the Scott
County Historical Society, Inc. and Attaching Conditions Thereto and Placing Certain
Restrictions Thereon
W.�REAS, The Scott County Historical Society, Inc., hereinafter referred to
as the'Society' is a duly incorporated, non-profit society under and pusuant to
the laws of the State of Minnesota, and
IiERP.AS, Said Society has made a serious study for the development of an
historical park and site to be located on certain property, including the property
hereinafter described, and has discussed plans evolved as the result of such study
with the City Planning Comoaasion of the City of Shakopee and the Common Council
of the City of Shakopee, and that the Society has secured . funds for the further
study and development and is in the process of securing other and additional funds
for said purpose, and
WIMEAS, The Societl has alleged and demonstrated that a prime condition
prerequisite to securing of additional private and other funds for the further
development of said Historical Society and park is the acquisition of legal title
to said lands, and
h i'�ER. A.S, The Planning¢ Commission of the City of Shakopee did on June 18, 1968
by a unanimous vote of all of its members duly determine that the property belonging
to the City of Shakopee, including the propertyhereinafter described, would serve
a superior public use and purpose if in fact developed as contemplated by the
Society, and that/ 1 not desirable for public purpose in its present state and use,
and has recommended the conveyance of the land hereinafter described to the Scott
County Historical Society, Inc, for such purpose, and
WHERE=, A conveyance was duly authorized by Ordinance {-90 duly passed by
the Common Council of the City of Sha'-o?ee on December 17,1962, but that said Ordinance
excepted fro_: the conveyance the following described tract, to-wit:
The Northeast Quarter of the Northeast Quarter of the Northeast
Quarter, Section 5, Township 115 North, Range 22 West, lying North
of the North line of State Trunk Highway "101, and --
V=&S, The reason for excepting said tract from said conveyance no longer
exists,
(6)
MEREFOES THE COMON COUNCIL OF TEE CITY OF S7LKOPM DOES ORDAM:
SECTIO;: I: Directine Convevance
That the Common Council of the City of Shakopee hereby authorizes and approves
the conveyance and transfer of title to the Scott County Fistorieal Society, Inc.
for the nominal sum of One and no/100.----------------------------Dollar
the above described tract.
SECTION II: Limintations and Reservations on Conveyance
That all the provisions of Ordinance MO of the City of Shakopee arehereby
incorporated herein and made a part hereof save and except insofar as said conditions
or provisions would be clearly inconsistent herewith.
SECTION II: Separability
Each and every section, provision and part of this ordinance is separable from
any other section, provision or part; and should any section, provision or part be
held unconstitutional by a Court of competent jurisdiction it shall not affect any
other section, provision or part.
Passed iniior session of the Common Council of the City of Shakopee
held this _ day of , 1969.
President of the Common Council
!—"'TEST:
A.
ty Recorder
Appr d as _ this qday of iCv;lg69
� � 1(/"7
Mayor'o: tl{e City-of Shakopee
Prepared and approved as to form
this 3=q day of June, 1,069
City 9tto
(7)
'i'=--OFC = CCP2SO:T CGTr'=I OFOF S=L1709EE DOES 0?.0_^_::
S2=!C:- I: Directinr Convevance
-hat the Common Council of the City o£ Shakopee hereby authorizes and approves
the conveyance and transfer of title to the Scott County Fistorical Society, Inc.
for the nominal sum of Cne and no/100.-----------,_____—_________Dollar
the above described tract.
S=ION II: Lim=ntations and Reservations on Conveyance
That all the provisions of Ordinam a 0290 of the City of Shakopee are bereby
incorporated herein and made a part hereof save and except insofar as said conditions
or provisions would be clearly inconsistent herewith.
SECTIOA II: Separability
Each and every section, provision and part of this ordinance is separable from
any other section, provision or part; and should any section, provision or part be
held unconstitutional by a Court of competent ,jurisdiction it shall not affect any
other section, provision or part.
Passed in �aiiini session of the Common Council of the City of Shakopee
held this -�-das of -6' ,d 1969.
i
President of the Common Council
•iyc P e
City R corder
v
Appro d as _ this �jA" �d�av of tLv,2,V69
hjayor'of tk[e City'of Shakopee
Prepared and approved as to form /
this 3=4 day of June, 1959
Citp 9tto ,
(7)
Y®¢Ur taa Cowan Conrail of tea Cm of ibamo.a, W NCinenee /290 only
paaksd W prb2lt as rsNlxd by the Yspdad fLp•CaT of ta[ City of Snatapae,
- tM Caaam Conrail of also city of Slr.kc ee adopuad and appre ad tat fitdtnda of
. tb Plamtln{ Calsalm that ,da peeparty WxipafMr daaardbad L no, kcryar aaadad
by tbs City of Sboa>sa for it. prasnt w and pmpeees mad It L not daaLmao
far public paepeeas in Ste prasent Rate W the Council W.N 'loos 1, 1.
fnrtpar daaala aa�t, bot ttat the prepsrty nasanad te, 4aeribd av d sarae the
a ,bast forawble public cee ted p rposa if asnae,ad ander certain ascditdms nn
toe Scott County Masarleal Ssa &Vj for ton osvaloppaet of N biatarloal 812e an.
7na,u.. and aald Coon eomtil of toe atid, a: Soakapaa dautbofiae aCJteee
itis eon.eyame am tranefer of title N eexlmher at fort`..
IOX, lY2PBtC]t£, .:.25 DQ®yi9RL Mede tons I d day of .�.<•....-•.. , l:.rc o!
and haw ons toe Cit, of Smtopaa, a aadicl.al oerpnratfN tder�and p+rsuan: to
U. lass of toe 9Hta of pinna..U, part.,- of toe first Dart• and T. Scott Caudt.,
tiistomeal Society, Inc., a eorpaKtiar, onset and poramnt to taa Las of tae state
of Mfonasota, Arty of tia saaood tart•
L'STti_'41.:.I, Tmt Ue party of toe filet µrt, in eamideratSc Of tEe ememet`
ave apraemnta aerator., p,assotad b1, toe Scott Cod¢, Cisoriaal Seclety, Ion. a...
the noaiml w of one Della. ---___ ___poi:ar:
t0 it in !av paid W sa_tl part, of W. eaeaM par., toe xeevpt vmxef 17 Erxc:
�emw'ladSW, d«s neray yrwt. normaln. vnitoLly am Camey onto said part, of
ton awond part, fC16' , all or tot [rat V, or pw.la a' lac' i,lriS and nolo£ if
toe Casty of Scott and Sta4 of M sn'.sta, daaar"zd as Is". • to—%t:
:be folio part of tM city praperty, .sic: Cdsr poverty is
waarload .., tp3lea, to-rii: .carat+ lata 1 rr 2, xcc>et -
32. ,coma-p llu NortL. .:ande Yl bast, imt sart of Oveexsmt
Leta 1 and 2, ton Marcv.at Warts of ton MrrtE . Qaarrar,
and tee Mertx.et Warta, of tae Wrtnwst QOO.'r of Saoasn
Stamm' L5 Stmt, Mange 22 Wat lrins Ms1 - of toe Merta lira
o: State T- Bidmry #10'11 bel% !,u Oldi, aae.: acid 'cowry
to be .—O,ed b, ansa deed is rex par.ieula:l, dee.rle.d v -
f-unaines, lying Us- of . f.u.,in, liner
Baglealon at a point N tba emNrlize of tse Mast boons larn of
aa, #101, distant 15'/1.:! feet (aa saasorad along toe
y- BLs
aontarlima of Bald late) r"tt of the Wat Lae of Sects® 5.
Tamedlp 115• Ban < 22t thspa. Sartb at right anSlae a diatsx.. -.
et 202 fwtt tome dtflsetLrp to tha Wet at an Nal. of 8 .4p
F-
1 �s9
(8)
Of 67.75 f—t, tem.o de:1-o ea H tee noise at or
!Hila of r!`30' a dLtas. of 251.4 feet: tomacm oeflwctlac to
f•—' - tae Marta at u a.ile of 23.38' • aiataaaa Of 003.1 feet: Irma
�'J"� M a CfOtmva or_3o feat mea or loos to a point 70 fee:
Mrta of tae MnYd -o el of w Bill Croak, thah.o sastarl, are
.T'.-7stallsl L maid Marta Ewe[ to tw Mirme.oea Meer ame there
.�1J-._Esa�vstlV.
as tW rafrae are felleohe NwridH aeroar
_•a l._.sa irteesat Quarter ip tae North, ha a 22 eat the, nertort"
_ - of the
rth4eaiahIla 5, Tmt61D 115 Forte. NaMe 2.".ew:. 111M brz:.
Of ttr Yash Sfr .f State SSwa Hlgraa, 7301. am
Yly"^- : Basrtlya &&Dean, ttrte tN CSt7 of SWsoPa all -Spt, ilii- , moi v-:eeea:
la all &':nava! W lam awdte is W m tat toeor
rip: te mawaa a per:—
het so sammoul to Tarr frm W after Jamar, 1, 1969 C-w fol:- tree.. to-sees
M- -
-- Rea Manta 9alf Ofthedtcromrt o rtor Of Rrtmo..t amr,-r of
mafiosos: Quarter of marthoosc (ewHr of SCYm 5, ^w: e1p
115 North, ➢aoye 22 Wot 171os I of the Par..-, llm or :i to
Sawk HSsama,
Wo.t'.'1r ftn+.Esr. ma • rmmmJ. • stn" or tau: Sy(w: to N__:t, toe eao.v..1.e
:of emi.a moimidm. with the ..nterllrr at toe aZlstieN travolel rweaY p-ee.::1,
1aa,sW W t ataledi maid Rilp of land Oate, laeatea to the Tvrmraat .wrtor of
Section 5. Sao.+91V 115 Hahsv 22 wo.t ab rosin; lr, s ben-n: x to-:lY-
f - lwtearl7 diraatlm hati.wa state ^.itID(H:p,e, Nle, ah_ SJ feet b of Lhe k.1:
Croaky tat "..tire tp mold grantee. iH a.... W im' ., tl..
aoe said road for Daaea,, in atet aith othere, .1_ tae amore :,-I
10 the Caaatf of soett aa; s'sH c! Yimuaa�.
191. oeaeafr oed oo,a,Lhe. 1a :ant the !o_ae:i}i, cch_1t,u', 1�SLsi11^
retort.. aa1 further resera.t3.ee. to—ai,
A. The tite 1. to be develop..'. Noor W uoed as w hi,tarim: ie:_ sees
W Maeam at tx sole e:toeme e. the Seat cc=-y _a.e,_v_ bei _c, are
i aEoll wlW 'solve 1
_ Ia6 omM1l'metftime-taedeaftlf liar tae di+aatioO Of Vv mold seo-;
T
- '�ffiaEaYrl iwto6{•�3m, for W la+ant, ce am omasum OS the_ a--rel
'T"P�'aam) ♦m'>♦t AEIYllmlll m-rtlViw T.teiaU® W 1]Et e,i. u
�� �l Jm adoVtadbv said:wOLt).
�x
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W 134- acid
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fEsaao:. .va__
stet. V >74% .+mva.tad. vahi aid or 1ppetatmateC. W -'.t tee sOoiat, ahanl
- -aaaD 1ald paprtTltoa Of .OT W aha 1L. W O`d.r i%'Oh to at all '.imam.
(9)
--_ - a d1OYaa0 .f 67.75 f—tt %00000 d IOOtiaa to te. .t
a{30 of r-w. O � Of 251.4 Ieet: tum. 00:1.9'_109 to
_ - tOa arta .t u Oe.le of 27.78' . diOtam. Of m )-1 Saes: s0em.
T��ti��M--'::.lerfa O 61/tanOO o:_30 f-.- tan Or 100. b . Oolot 30 f.e:
Of W m i8 0f W wtt t1Nkt them.. SOs 1, W
�.rrO11O1 t. bfd 008x'[9 abk b tam Mt1a..ota mwr am Loren
� '8f •.•.still{.
l '^ HmOaeioa ta0nfra to f.ucm dmso lmed t.Oete,
00 lrttaeart para[ ae tao A:beOee WOrar of tee aertu,it
paetar. tmnti® S, SOmOkte 115 beta, SOme V w.t, 1ri brio
_ Of toe E ,%& UOO Of EtOH Yrwt 81.—Y 0301. and
SO ..Ito., M . tate to Cit) of S FO. "I t::le w ittene_
isa
"io .11 asrvasaxa. W SliV� Lo OM m 001 tae riglt to m.0e0s for • Rram
... -bt b east tam Toro frm am after lmmw r 1, 1969 L fo::rvlze •a__,
Sa BORe BO11 of tae lmtaWt 01{:Ar of R. ..t 1aa , Of
•• (mart.[ Of fiertt.J._at_ OYr,Ir of Seth. 51 T. .I4
115 both. Nage V Wrt lriOS I Of to mnr_t lis Of :irate
_ Zr+mt aia>•v i10:, ted
_ Nserrim ftatemr, u • n yl • +trip a. 1.0, 5Ffu: io Kd.:. te.
Of t .Jft mimi4. itlta tN O.vrOrL' r. of tae Oilt'im( tnr.lt! tcu,aY ort O".a.a:1J
c•�:'leamt.d ane � Odt OOldetrip of L teia. lsated In tm %a-¢an... .aartar Of
-_ S.dtim 5. 7v.a.91i• =5 a ', Nome 22 wn 000 xttun5 'sm-tnerlf-
_ bvWrly dL .Um bO.. Sat. 'ttmi HUE #'101 Ov 30 feet m of c.e Yom_'.
CrOek. mot gx of r tO .Old gx+nte.. lu a... Ood. iorla.t. tre
Oet mid xwd for ata.emr in ago Ht. stun. O.1 me 000.0 ie.`_i 1SLtw av Jeil.�
im W Cent) of Soot[ L S`Atr of MOOO.a'.a.
1930 txv.T., mL .ma,OoO 1. umm tae f9_aa:,.y, evtoUt :t.
natiyOLlw am ft-,OO, nmxTatle-r., to—vl:r
A. T .ata 1. to ae .,.low iOr Yrd YOId f. m n'ter . JO .
au l Oim at t:a .ole e.meme of the Soo-.t CO_-9 �Sooro00: :e_i<_-, .t. Ori
vv- � _ t mW13 A .SOS EtAlt . Ix i+il 0—.0. _t _a:
-aad OIa11O0meaLV tamamftOL1YT<a. 61fOOC1W Of L`u 0016 SM.t
r �
Y. bent, c 000 .axatim OS tm R nl
'� mOR'SOal-betii/:'Alm. ty
�..ptOuO).W Oa.UJOkTW®Lla m-021Oa1.O naVMtlm W lianutlw at
�T" OtV 20 YODtO6_l+f OL:O_wOLV.
t1M-ort Oatd 1OF.®nm aC wtMaven4 F-anal tmtac 0001-
-'� ie6 808014+Omt�a+tOd. a OgOd s arpatbeatOC. Out ._.:.vx Society m.:l
iii dysi•jt.-�_'�1..:. ._ ._- -
:,ti=v-.-.keq ash)emparp-ir.a
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( 9 )
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p�A.14y.,�fl(yy�C W. 011'M{.4-m" JOQ l...4\M-S�P114.�.�M... i•+n ..fc#,
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- at.lsrt� aat.tut/al smt'a[all �r !L. yeSaleal
.r^ 0..le0owt ad aTtM.WM b be Plud a..ed zar tee of Sale-vmjwkx
1. "'cert w a.amb Lele .i l...e i.e peelal rY*IP.W'l.Q as „ t ..
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alee.a.im tm tib K 9ako➢w.
a. is.ete.ab Kame.e w...w. tee rJ&£msp!lm.�m m.emm
S ..... .f Itlm..em f< tm baagm.d evsk.v.tim K. eru" of b V ed 1M+wm{.
4IM u .e.eel.t a%." t! the City. 'm 8mm d IlSmeaoL .-
iL ats4. OeV..'muta .d ..slslee.r dLs.t >searJs np •..w1 tr 6 . _
^<Sal�6V leatrvee m.atQ le.l.y _� F - '^�'
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1 _Mart <tdi e...atr.na.v 're 1.s a ut.-aWooe.. tttl.'sa_ -
ilfe`LePSri lxvmi� Mafart. fbnm ieall rw.eT m_eui
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(10)
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War
it LIE M
v
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E
y-
I :S0L'J'I-ION '
WHEREAS, the Scott County Historical Society has served notice by
a letter of intent-on -the Minnesota Valley Restoration Project, Inc. , ..
the County of Scott, and the City of Shakopee, of termination of the
tenancy at will under which the Minnesota Valley Restoration Project,
Inc. has been in possession of Murphy's Landing, and
WHEREAS, the Minnesota Valley Restoration Project, Inc. ,. a non-profit
corporation established under the laws of the State of Minnesota,
February, 1972, is charged to preserving and conserving facts of the
Minnesota River Valley and other history about the conditions of the
early settlors of the valley, the preservation of records, artifacts,
buildings and educational centers, conducting meetings and generally
to do any and all acts andthings for the preservation and advance- - - -
ment of and in the furtherance and in the aid of any and all educational,
historical and presentation of early history of the Minnesota Valley
Settlors and other educational purposes related to life along the
;3innesota Valley, and
WHEREAS, the approximately eigbty-seven (87) acres of land occupied by
Murphy's Landing was deeded by the City of Shakopee to the Scott County
Historical Society with certain limitations and reservations, and
WHEREAS, the County of Scott leased said land for twenty (20) years in
1972 for specific purposes, and has been a major annual contributor to
the Scott County Historical Society and the Minnesota Valley Restoration
Project, Inc. , and
WHEREAS, the Minnesota Valley Restoration Project, Inc. , desires to
continue in the promoting, programing, managing, and all other areas
as charged by the Articles of Incorporation.
NOW THEREFORE HE IT RESOLVED, that the Minnesota Valley Restoration
Project, Inc. requests the City of Shakopee and the County of Scott
respond to the aforesaid letter stating the extent of theirrespective
interests, and to support the continued management of Murphy's.Land-
ing by the Minnesota Valley Restoration Project, Inc.
Motion by Trustees Malkersor./Weiler:
Approved at the Regularmeetingof the Hoard of Trustees, MVRP, Inc.,
Monday, April 27, 1987.
l
Mz�o�ie.R. AendRrson,F President
/ (i3)
RESOLUTION
WHEREAS, The Scott County Historical Society (The Society) has
served the attached notice on the Minnesota Valley Restoration
Project, Inc. (MVRP) , which states that the Society is terminat-
ing the "tenancy at will' under which the MVRP has been in
possession of Murphy's Landing, and
WHEREAS, MVRP was and is charged with preserving and conserving
facts of the Minnesota River Valley and other history about the
conditions of the early settlors of the valley, the preservation
of records, artifacts, buildings and educational centers, conduct-
ing meetings and generally to do any and all acts and things
for the preservations and advancement of and in the furtherance
and in the aid of any and all educational, historical and
presentation of early history of the Minnesota Valley Settlors
and other educational purposes related to life along the Minne-
sota Valley, and
WHEREAS, the approximately eighty-seven (87) acres of land
occupied by MvRP was deeded by the City of Shakopee to the
Society with certain limitations and reservations as set forth
in two quit claim seeds dated February 3, 1969, and July 8, 1969,
(the Deeds) , and
WHEREAS, in this crucial period of development the possibility
of long term litigation could seriously impair the efficient
functioning of Murphy's Landing.
NOW THEREFORE BE IT RESOLVED, that MVRP requests that the City
of Shakopee investigate any and all rights it may have to
retake title to the land pursuant to the Deeds, and will support
the continued management of Murphy's Landing by MVRP.
Motion by Trustees John Manahan/John Lynch
Approved at the Special Meeting of the Board of Trustees, MVRP,
Monday, May 4, 1987.
John Lynch YES
Gloria vierling YES
John Manahan YES
Geri Nelson YES A -
Ron Weiler YES
Marge Henderson YES
Acknowledged
m4^ris R/Henderson, President
BOARD OF COUNTY COMMISSIONERS
SCOTT COUNTY,MINNESOTA -
Date Mav 5, 1987 Resolution No. 87035
Motion by Commissioner Mertz Seconded by Commissioner Stromwall
RESOLUTION NO. 87035 ; RECOMMENDING AND ENCOURAGING
THE CITY OF SHAKOPEE TO REACQUIRE THE EIGHTY—SEVEN
ACRE SITE UPON WHICH THE MINNESOTA VALLEY RESTORATION
PROJECT IS SITUATED.
WHEREAS, the Scott County Historical Society, Inc. , through a
letter from its attorney Loren Gross dated April 22, 1987, served
upon the Minnesota Valley Restoration Project, Inc. by certified
mail, a notice to quit the premises situated on the eighty—seven
(87) acre plot previously transferred to the Scott County Histori—
cal Society, Inc . by the City of Shakopee; and
WHEREAS, Scott County has a continuing interest in the opera—
tions and vitality of the Minnesota Valley Restoration Project
(MVRP) ; and
WHEREAS, Scott County has determined that the historical
integrity of the Minnesota Valley Restoration Project can best be
preserved by the City of Shakopee retaking the approximately
eighty—seven (87) acres which the City of Shakopee transferred to
the Scott County Historical Society, Inc. for the purpose of estab—
lishing a historical museum and village; and -
WHEREAS, the City of Shakopee transferred this property to the
Scott County Historical Society, Inc . upon a, number of conditions
and restrictions which appear not to have been fully satisfied by
the Scott County Historical Society, Inc. ; and
WHEREAS, Scott County desires to maintain its financial and
other support for the MVRP within its ability and as provided by
law.
NOW THEREFORE BE IT RESOLVED by the Board of Commissioners in
and for the County of Scott, Minnesota, that:
(15)
BOARD OF COUNTY COMMISSIONERS = - --
SCOTT COUNTY, MINNESOTA
Date May 5, 1987 Resolution No. 87035
Motion by Commissioner Mertz Seconded by Commissioner Stromwall
1. Scott County recommends and encourages the City of Shakopee
to retake all of the lands which it transferred under certain
conditions and restrictions to the Scott County Historical Society,
Inc . for the establishment of a historical museum and village in
that Scott County understands that not all those conditions and
restrictions have been fulfilled;
2. Scott County intends to maintain its financial and other
support towards the continuation of the historical museum and
village upon the aforesaid property within its ability and lawful
authority;
3 . Scott .County further encourages the City of Shakopee to
enter into an agreement with the Minnesota Valley Restoration
Project, Inc. for the continued operation of the MVRP and Murphy' s
Landing;
4 . Scott County further gives notice to the Scott County
Historical Society, Inc. that any and all funds appropriated by
Scott County to the Scott County Historical Society, Inc. for the
benefit and use of the MVRP which it may recover from the MVRP,
shall be returned forthwith to Scott County.
BE IT FURTHER RESOLVED, that copies of this resolution be
furnished the Shakopee City Council, the Minnesota Valley
Restoration Project, Inc. Board of Trustees and the Scott County
Historical Society, Inc. Board of Trustees by the County Admin—
istrator.
YES NO
Koniarski x _ Koniarski
Bohnsack x _ Bohnsack
Mertz X Mertz
Stromwall y Stromwall
1_..... v (16 ) _
BOARD OF COUNTY COMMISSIONERS
SCOTT COUNTY, MINNESOTA
Date Hav 5, 198% Resolution No. 87035
Motion by Commissioner Mertz Seconded by Commissioner Stromwall
1 . Scott County recommends and encourages the City of Shakopee
to retake all of the lands which it transferred under certain
conditions and restrictions to the Scott County Historical Society,
Inc . for the establishment of a historical museum and village in
that Scott County understands that not all those conditions and
restrictions have been fulfilled;
2. Scott County intends to maintain its financial and other
support towards the continuation of the historical museum and
village upon the aforesaid property within its ability and lawful
authority;
3 . Scott .County further encourages the City of Shakopee to
enter into an agreement with the Minnesota Valley Restoration
Project, Inc. for the continued operation of the MVRP and Murphy ' s
Landing;
4. Scott County further gives notice to the Scott County
Historical Society, Inc. that any and all funds appropriated by
Scott County to the Scott County Historical Society, Inc. for the
benefit and use of the MVRP which it may recover from the MVRP,
shall be returned forthwith to Scott County.
BE IT FURTHER RESOLVED, that conies of this resolution be
furnished the Shakopee City Council , the Minnesota Valley
Restoration Project, Inc. Board of Trustees and the Scott County
Historical Society, Inc. Board of Trustees by the County Admin—
istrator.
YES NO
Konlarski x Koniarskl
Bohnsack v Bohnsack
Merz x Mer._
Stromwall IStromwall
r,.._..,. v ( 16 )
THE STANS FOUNDATION
]SD wEST GOLOB ADO BOVLEVA9D
BV�TC 31b
PP S.L OEN NC�LIFOPNu 91105
RECEIVED
May 5, 1987
MAY 1 11987
The Honorable Eldon Reinke CITY OF SHAKOPEE
Mayor
City Council of the City of Shakopee
City Hall
129 First Avenue East.
Shakopee, Minnesota 55379
Dear Council Members:
This Foundation has been the major private source of financial support
for the Murphy's Landing project since its inception.
We understand that, because of jurisdictional disputes, the City is
commencing action to reclaim title and control of the site on which the
Murphy's Landing development is located, and then to contract directly
with Minnesota Valley Restoration Project to manage and operate it in
the future, eliminating any middle agency in the funding and decision
process.
We are as desirous as ever of seeing Murphy's Landing completed and
Operated as a quality. educational facility and assure you of our continu-
ing support in the future so long as:
1. Our contributions will be limited to capital purposes and not to
finance operations.
2. Murphy's Landing continues to be developed and operated under a long-
range master plan consistent with the original concept under which it
was started and under appropriate historical standards.
3. We remain satisfied that the quality of the Board of Directors and
management is such to insure continued progress toward the completion
of the capital plan and the effective use of the project by the public.
Of necessity this must be considered a letter of intent, and not a fixed
contractual obligation because we are unable to consider all of the financial
developments that might in the future affect our ability to meet our own
desires_ to help the project or the needs of the project as they might
occur.
Sincerely, -/
Maure H. Stans
Chairman
MBS:me
(17 )
RESOLUTION NO. 2741
A RESOLUTION CALLING FOR A PUBLIC HEARING
UNDER PARAGRAPH H OF SHAKOPEE ORDINANCE 290
AND PARAGRAPH H OF ORDINANCE 300
WHEREAS, the City of Shakopee has been requested by the County of Scott
and by the Minnesota Valley Restoration Project, Inc. to assert the City's
reversionary rights under the terms of the July 8, 1969, quit claim deed and the
February 3, 1969, quit claim deed between the City of Shakopee and the Scott
County Historical Society; and
WHEREAS, it appears to the City Council of the City of Shakopee that
sufficient cause exists to suggest that various terms of those quit claim deeds
have not been complied with so that a public hearing under Paragraph H of those
quit claim deeds would be in order to determine whether compliance has existed;
NOW, THERFORE BE IT RESOLVED by the City Council of the City of
Shakopee as follows:
1. That a public hearing shall be held on the 28th day of July
1987, as 7:00 p.m, or as soon thereafter as possible, to determine whether or
not the Scott County Historical Society has complied with the following terms
and conditions of the February 3, 1969, and July 8, 1969, quit claim deeds
referred to above and in particular whether or not the Scott County Historical
Society has complied with the following provisions of those two quit claim
deeds, namely;
(a) That the property transferred under the terms of the two
aforementioned quit claim deeds and the improvements and
betterments placed t eo (the site) have been sold, encumbered,
mortgaged or hypoth ca or not kept free from liens or other
attachments all contrary to Paragraph B of the quit claim deeds;
(b) That the Scott County Historical Society has failed to obtain and
file with the City of Shakopee a public liability policy naming
the City of Shakopee as an insured with respect to claims arising
out of the use and development of the site;
(c) That the Scott- County Historical Society has failed to maintain a
minimum active paid up membership roster of 100 Scott County
residents;
(d) That the Scott County Historical Society has failed to file with
the City of Shakopee complete annual financial statements
indicating all monies directed or received for use on the site,
verifying that at least a substantial sum of all monies have been
committed for the physical development and artifacts to be placed -
mn and for the maintenance of the project on the site;
(e) That the Scott County Historical Society has failed to hold at
least two general meetings per year and the annual election of -
officers, filing the names of said officers so elected with the
City of Shakopee; and
(18)
(f) That the Scott County Historical Society has failed to attract
anticipated financial support to develop, use and maintain the
site in that the County of Scott and the Stans Foundation have
indicated that both groups intend to withdraw substantial
financial support to the project if control thereof is returned to
the Scott County Historical Society.
2. That copies of this Resolution shall be forwarded to the Chairman
and Secretary of the Scott County Historical Society as the same are indicated
by documents filed with the City of Shakopee, and that a notice of the public
hearing shall be published once prior to said hearing in the Shakopee Valley
News and that all interested parties will be invited to attend and give evidence
relative to the issues of compliance with Ordinances No. 290 and 300 as set
forth above.
3. At the conclusion of said public hearing and upon the closing
thereof, the City Council will determine whether or not grounds exist for the
City of Shakopee to exercise its reversionary rights under the quit claim deeds
issued pursuant to Ordinance No. 290 and 300 and to take such action as it deems
appropriate in view of the findings made.
Adopted this _L��day of�I/s/ , 1987, at the adjourned regular
session of the City Council of the C of Shakopee.
o
0
Elaon Reinke, Mayor '
gGGtra 1�
JudiCx, City Clerk
Drafted by:
P. R. Kress
327 So. Marschall Road
Shakopee, MN 55379
(19)
(f) That the Scott County Historical Society has failed to attract.
anticipated financial support to develop, use and maintain the
site in that the County of Scott and the Scans Foundation have
indicated that both groups intend to withdraw substantial
financial support to the project if control thereof is returned to
the Scott County Historical Society.
2. That copies of this Resolution shall be forwarded to the Chairman
and Secretary of the Scott County Historical Society as the same are indicated
by documents filed with the City of Shakopee, and that a notice of the public
hearing shall be published once prior to said 'nearing in the Shakopee Valley
News and that all interested parties will be invited to attend and give evidence
relative to the issues of compliance with Ordinances No. 290 and 300 as set
forth above.
3. At the conclusion of said public hearing and upon the closing
thereof, the City Council will determine whether or not grounds exist for the
City of Shakopee to exercise its reversionary rights under the quit claim deeds
issued pursuant to Ordinance No. 290 and 300 and to take such action as it deems
appropriate in view of the findings made.
Adopted this _ day of , U,,,o/ , 1987, at the adjourned regular
session of the City Council of the Ci/,:}j of Shakopee.
E18on Reinke, Mayor '
W. 1i 2. /
Judith Cox, City Clerk
Drafted by
?. R. 1"sass
32i So. Marschall Road
Shakopee, MN 55379
(19)
Noticed Public Hearing
TO WHOM ITMAY CONCERN:
Notice is bem given that the City Council
of the City of Shakopee will hold a public
hearing on Tuesday, July 78, 1987, at 7:00
Pm.or as soon thereafter as possible in the
Council Chambers of City Hall at In East
First Avenue,to determine whether or ret
the Scott County Historical Society has
compiled with the following terms and
conditions of lie February 3,1969,and July
8,1969,quit claim deeds between the Ciy,tof
Shakopee and thScott rtt Comte oradithe Affidavit of Publication
Society and to particular whether mad the -
witttComtyowing cal proves Societyhasthese We Southwest Suburban Publishing Inc.
with the following preybviore d those two
quit)Thadeeds,nmely:
e t That the Property transferred order
Ne terms d the two aformvetients quit
claim deeds mtl t e can (t meats and
betterments placed thereon (the site) have
been sold, encumbered, -foreign ged m `
hypothecated or not kept fm from knee or State Of Minnesota J
other attachments all contrary to Paragraph _
B of the quitelairo deeds; )SS.
(b) That the .Scott County Historical (Fount of Scott
Society has failed to obtain and file with the y
City of Shakopee a public liability policy.
naming the City of Shakopee as an insured
with respect W claims arLdng out of the use Smn aohaud,being ddy sawn,on oath ern that he is the publisher or the authmiaM agent of the publisher of the
anddevelopmentafthesite; newspapers laown asthe Shakopee Valley Ness,Jordan Independent,and Prior lake American,and has full knowledge
(c). That the Scott County Historical of the b.herein stated o follows:
Society has failed W maintain amhdmm (A)These nesseepas have coalition MW are requhmtmta comituting quatifivam as a legal newspaper,as proviMN
8C[IVG paid up membership rooter of 100 by Minessom Statute 191A.@,33U.Pl,and other applicable laws,as amended. _ p
Scott County residents; (B)Meprinted pubic notice that uaNachad is taet and
Was Affl vidmfitied be No.S5/was published on the dale
es Af.
So iet➢ has the
dgtoo Ede north the City of orvlt s�d botim weee cwi Wenn t`th,ent iW the re of the ched w�arepeW ave u ei.Prineedd below is a��of we beer case
Shakopee complete &must financial alphabet hpm A a Z,boor mclutive,and u hereby agkvmleaged as being We tiod bad etre of type used m the compaboon
siaterenta indicating all monies directed or and pubboamn of We Notice:
verifying that at abcdecrelghlmnopgrstuv z
least
substantial
use m the alta v abctlefghijklmnopgrs
least a substantial am of all morin have
beenromfoitta be
for the physical develop-
an
evelop-
mmtandninstoplaced andforthe
e,d
maintenance din project oo thea site;
(e) That the Sett County Historical 8Ym Pabuaeu
Society has failed to hold at least two generel
foecers, Per earthe and es f aid election of
elected filing the rumen of sold officers an Suhacdbed aM morn before me m
el(f) That the CitySued aunty and
ci That the Scott County Historical
Society has felled to attract anticipated
ffoancial support to develop. .use and mu myon —
—Wrom the site to that the County of Scott
and the Stan. Foundation have indicated -
that both groups intend W withdraw sub- gECI{ye
atential financial support W the but if tD7AmpWatrer�n
counted hercof to returned to the Seo m= 6"Y3Tf COUNTY
Haft mdceIBrciaty. WlLtW64tYlEOPE9 atm
AB tvtareated parties desiring to give 41
evidence relative to the Issues of cempGaace
with OMinaoces No.990 and 300 as set forth
above will be beard at this meeting. - RATE INFORMATION
Dated this fifth day of June,196/. - - --
BYORDEROFTHECITY COIJNCR. Lowest classified rate paid by commercial users for comparable space-47.00 per column inch
Judith S.CoxCity Clerk Maximum rata allowed by law for the above matter._:.:.-..::.:::.: ....$7.0o per column inch
City of Shakopee,Minnesota Rate actually charged for the above matter............. per column inch
(Published in the Shakopee valley News
Wednesday.July 1,1967;No.5597)
(20)
Notice of Public Hearing
TO WHOM IT MAY CONCERN:
Notice is hereby given that the City Council of the City of
Shakopee will hold a public hearing on Tuesday, July 28, 1987, at
7:00 p.m. or as soon thereafter as possible, in the Council
Chambers of City Hall at 129 East First Avenue, to determine
whether or not the Scott County Historical Society has complied
with the following terms and conditions of the February 3, 1969,
and July 8, 1969, quit claim deeds between the City of Shakopee
and the Scott County Historical Society and in particular whether
or not the Scott County Historical Society has complied with the
following provisions of those two quit claim deeds, namely:
(a) That the property transferred under the terms of the two
aforementioned quit claim deeds and the improvements and
betterments placed thereon (the site) have been sold,
encumbered, mortgaged or hypothecated or not kept free from
lines or other attachments all contrary to Paragraph B of
the quit claim deeds;
W That the Scott County Historical society has failed to
obtain and file with the City of Shakopee a public liability
Policy naming the City of Shakopee as an insured with
respect to claims arising out of the use and development of
the site;
(c) That . the Scott County Historical Society has filed to
maintain a minimum active paid up membership roster of 100
Scott County residents;
(d) That the Scott County Historical Society has failed to file
with the City of Shakopee complete annual financial
statements indicating all monies directed or received for
use on the site, verifying that at least a substantial sum
Of all monies have been committed for the physical
development and artifacts to be placed on and for the
maintenance of the project on the site;
(e) That the Scott County Historical Society has failed to hold
at least two general meetings per year and the annual
election of officers, filing the names of said Officers so
elected with the City of Shakopee; and
(f) That the Scott County Historical Society has failed to
attract anticipated financial support to develop, use and
maintain the site in that the County of Scott and the Stans
Foundation have indicated that both groups intend to
withdraw substantial financial support to the project if
control hereof is returned to the Scott County Historical
Society.
All interested parties desiring to give evidence relative to the
issues of compliance with Ordinances No. 290 and 300 as fet forth
above will be heard at this meeting.
Dated this 16th day of June, 1997. - -
BY ORDER OF THE CITY COUNCIL
Judith S. Cox, City Clerk
City of Shakopee, N.innesota
(21 )
CITY OF SHAKOPEE
INCORPORATED 1870
IIB FAST FIRST AVENUE,SHAKOPEE, MINNESOTA 5577&1776 1612)MS36W i
rw�
t•.
June 23, 1987 ]
Linda Gods, Secy. '
P.O. Box 354
Shakopee, MN 55379
Dear Ms. Gode:
Pursuant to Ordinance No. 290 and 300 notice is hereby given
that the City Council will hold a public hearing on July 28, 1987
at 7: 00 P.M. in the Council Chambers, 129 East First Avenue to
determine whether or not the Scott County Historical -Society has
complied with the terms and conditions of said ordinances and in
particular with the provisions set forth in Resolution No. 2741
enclosed.
All interested parties desiring to give evidence relative to
the issues of compliance with Ordinances 290 and 300 as set forth
in Resolution No. 2741 will be heard at this meeting.
Respectfully,
" �SENOR: CamNF¢iwnf 1.3.m9 3. I
•d��y,m.ds,®mwe-RrruRR To-m.=e ep Judith S. Cox
3 n. Y Cit Clerk
1. The h
❑ ShewwwmR ana mle .......... City of Shakopee
❑ show to atma,a,a apa:aaaa.e(aelrom----e
❑ AES7RICTED DELIVERY
w Sbow matom and dart d.G d............_C
❑ RESTRtCEEODELNERY.
9 to wham.dmq and.ddma of Mm,.5—
(CONSULT POSTMASTER FOR FEES)
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CPAX
_�1t�i iF�MN 55319
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T pEGISfFREO NO. I�CEfl�FI��I IHEVREO RO.
c IAlwryi mvm uZ2033a.,y11 w of.atlna..e,.pena _--- - _m 1 have mrrived the utile uncribed
G E DAOWmozE 4ml _
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OF a EflV FOSIMPRK
g � of Progress Valley
C 6 FOORES41CempNm mlYRMuwotll
n
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CITY OF SHAKOPEE
a
INCORPORATED 1870
1
129 EAST FIRST AVENUE, SMAKOPEE, MINNESOTA 5537911376 (612)453650 !1
June 23 , 1987
Jacuueline Joslyn, Pres.
Scott County Historical Society
21760 Delmar Avenue
Jordan, MN 55352
Dear Ms. Joslyn:
Pursuant to Ordinance No. 290 and 300 notice is hereby given
that the City Council will hold a public hearing on July 28, 3987
at 7:00 P.M. in the Council .Chambers, 129 East First Avenue to
determine whether or not the Scott County Historical Society has
complied with the terms and conditions of said ordinances and in
particular with the provisions set forth in Resolution No. 2741
enclosed.
All interested parties desiring to give evidence relative to
the issues of compliance with Ordinances 290 and 300 as set forth
in Resolution No. 2741 will be heard at this meeting.
Respectfully,
Juth S. Cox
CittClerk
City of Shakopee
Encl. Res. 2741
i
i
I
(23)
The Heart of Progress Valley
f T
CITY OF SHAKOPEE
INCORPORATED 1970
128 EAST FIRST AVENUE, SHAKOPEE, MINNESOTA 553794376 (612)4,15-3650
,1
r
June 23, 1987
Marge Henderson, Pres.
MN. Valley Restoration Project
905 S. Holmes
Shakopee, MN 55379
Dear Ms. Henderson:
Pursuant to Ordinance No. 290 and 300 notice is hereby given
that the City Council will hold a public hearing on July 28, 1987
at 7:00 P.M. in the Council Chambers, 129 East First Avenue to
determine whether or not the Scott County Historical Society has
complied with the terms and conditions of said ordinances and in
particular with the provisions set forth in Resolution No. 2741
enclosed.
All interested Darties desiring to give evidence relative to
the issues of compliancewithOrdinances 290 and 300 as set forth
in Resolution No. 2741 will be heard at this meeting.
M.V.R.P. may be entitled to the property and therefore you
may wish to attend the meeting.
Respectfully,
-J " 6
J ith S. Cox
City Clerk
City of Shakopee
Encl. Res . 2741
(24)
The Heart of Progress Valley
MEMO
TO: Rod 2. 4 yyl
FROM: Shelly
RE: Murphy's Landing Site of SHAKOPF
Shakopee File No. 1-1373-201
DATE: July 22, 1987
Rod,
I reviewed the Scott County tract index for the Murphy's Landing pro-
perty (legal description attached) on July 21, 1987, and found the following:
1. Parcels 1 and 2 are owned in fee by the Scott County Historical
Society, by quit claim deed from the City of Shakopee, dated February 3, 1969,
filed on April 16, 1969 as Document No. 120021.
This property is subject to a Lease given by the Scott County
Historical Society to the County of Scott, dated June 5, 1972, filed on July 31,
1972, as Doc. No. 132051. The term of the Lease is 20 years, through June 6,
1992.
The County of Scott then leased back certain buildings located on the
property to the Scott County Historical Society by lease dated June 9, 1972,
filed on July 25, 1972, as Doc. No. 131986. The term of the Lease is 99 years,
through June 6, 2071.
There are no mortgages or other encumbrances affecting this property,
and the deeds which we have copies of in our file are not recorded, i.e. :
a) Two Quit Claim Deeds from the Scott County Historical Society to
The Minnesota Valley Restoration Project, Inc. , dated July, 1975,
and January 1978, covering parcels I and 2.
b) Quit Claim Deed from the City of Shakopee to the Scott County
Historical Society dated July 8, 1969, covering the 10 acre parcel
that was excepted from the deed conveying Parcels 1 and 2 to the
Historical Society on February 3, 1969.
2. Parcel 3 is owned in fee by the County of Scott, as evidenced by
Certificate of Title No. 11347.
This property is subject to a Stipulation with the State of Minnesota,
and to an Unimproved Land Sales Agreement between Owens-Illinois, Inc. , and
Scott County, dated September 30, 1977, filed on October 27, 1977, as Doc. No.
17033.
The description of the property includes an easement reserved over the
East 100 feet of the property for access to the Minnesota River. There are no
other memorials appearing on the Certificate.
Please let me know if you need anything else on this.
RF/jmb (25 )
LEGAL DESCRIPTION OF MURPHY' S LANDING
The following part of the City property, which City property is
described as follow, to-wit: Government Lots 1 and 2, Section
32, Township 116 North, Range 22 West; that part of Government
Lots 1 and 2, the Northwest Quarter of the Northeast Quarter,
and the Northwest Quarter of the Northwest Quarter of Section
5, Township 115 North, Range 22 West lying North of the North
line of state Trunk Highway #101, being Route 5187, which said
property to be conveyed by this deed is more particularly
described as followings, lying East of the following line:
Beginning at a point on the centerline of the West bound lane
of Trunk Highway #101, distant 1671. 07 feet (as measured along
the centerline of said lane) East of the west line of Section
5, Township 115, Range 22; thence North at right angles a
distance of 202 feet; thence deflecting to the West at an angle
of 87°48' a distance of 67.75 feet; thence deflecting to the
North at an angle of 23010' a distance of 251.4 feet; thence -
deflecting to the North at an angle of 23038 '. a distance of
403. 1 feet; thence North a distance of 130 feet more or less to
a point 30 feet North of the North bank of the Mill Creek;
thence Easterly and parallel to said North bank to the
Minnesota River and there terminating.
Excepting therefrom the following described tracts:
1 . The Northeast Quarter of the Northeast Quarter of the
Northeast Quarter, Section 5, Township 115 North, Range 22
West, lying North of the North line of State Trunk Highway
#101,
yl� A 3 AND
Ca That part of Section 4, Township 115 North, Range 22 West,
Scott County, Minnesota, described as follows:
That part of Government Lot 3 lying North of the right-of-way
of Trunk Highway No. 101 and West of a line drawn parallel with
the West line of said Government Lot 3 and one thousand (1,000)
feet East therefrom;
Except that Grantor reserves unto itself and its successors and
assigns, a perpetual easement over the East One Hundred (100)
feet of the aforedescribed property for the purpose of access
to and from the Minnesota River, including the right to
construct and maintain a barge unloading facility, a conveyor
system, and a roadway on said easement area.
(26)
GVC:ABIS x.
LEGAL DESCRIPTION OF MURPHY'S LANDING
The following part of the City property, which City property is
described as follow, to-wit: Government Lots 1 and 2, Section
32, Township 116 North, Range 22 West; that part of Government
Lots 1 and 2, the Northwest Quarter of the Northeast Quarter,
and the Northwest Quarter of the Northwest Quarter of Section
5, Township 115 North, Range 22 West lying North of the North
line of State Trunk Highway #101, being Route #187, which said
property to be conveyed by this deed is more particularly
described as followings, lying East of the following line:
Beginning at a point on the centerline of the West bound lane
of Trunk Highway #101 , distant 1671 .07 feet (as measured along
the centerline of said lane) East of the West line of Section
5, Township 115, Range 22; thence North at right angles a
distance of 202 feet; thence deflecting to the west at an angle
of 87048 ' a distance of 67.75 feet; thence deflecting to the
North at an angle of 23010' a distance of 251 .4 feet; thence -
deflecting to the North at an angle of 23038 ' a distance of
403. 1 feet; thence North a distance of 130 feet more or less to
a point 30 feet North of the North bank of the Mill Creek;
thence Easterly and parallel to said North bank to the
Minnesota River and there terminating.
Excepting therefrom the following described tracts:
1 . The Northeast Quarter of the Northeast Quarter of the
Northeast Quarter, Section 5, Township 115 North, Range 22
West, lying North of the North line of State Trunk Highway
#101 ,
�lciC 3 AND
That part of Section 4, Township 115 North, Range 22 West,
Scott County, Minnesota, described as follows :
That part of Government Lot 3 lying North of the right-of-way
of Trunk Highway No. 101 and West of a line drawn parallel with
the West line of said Government Lot 3 and one thousand (1,000)
feet East therefrom;
Except that Grantor reserves unto itself and its successors and
assigns, a perpetual easement over the East One Hundred (100)
feet of the aforedescribed property for the purpose of access
to and from the Minnesota River, including the right to
construct and maintain a barge unloading facility, a conveyor
system, and a roadway on said easement area.
(26)
GVC:ABIS y_ _
INSURANCE
There is no insurance policy or certificate of insurance
from the Scott County Historical Society on file with the City
showing public liability and naming the City of Shakopee as an
insured with respect to claims arising out of the use and
development of the site.
Dated this y� Day of July, 1987 .
Jud�tlh S. Cox
Cit Clerk
Note: See letter dated May 19 , 1987 from
Marjorie R. Henderson on the reverse.
(27 )
R`CcIVcD
Murphy's LandingB7
na"".."�"v.n.y a..r...a"e mo waa.e""tieao-ieeo MAY 2 0
2187 E. Highway 101 Shakopee, Minnesota 55379c
(612) 4156900 CITY OF gHAKO�`
May 19 , 1987
Mr. John K. Anderson
City Administrator
City of Shakopee
129 East 1st Avenue
Shakopee, Minnesota 55379
Dear John:
This will acknowledge our .telephone conversation of Monday,
May 18 , 1987, regarding our insurance coverage at Murphy' s
Landing.
As you are aware, we currently have co-insured the Scott
County Historical Society and Scott County. The latter due
to the fact that the County held a twenty year recorded
lease on the site.
However, in reviewing Ordinance 0290, I noted that Section III,
Paragraph C. states that "the Society shall file with the
City of Shakopee a public liability policy with the City of
Shakopee and Scott County Historical Society named as assureds
thereunder" . Therefore, I contacted Gene Schmid, our insur-
ance agent, and directed him to name the City of Shakopee as a
co-insured.
Mr. Schmid called our carrier and they advised that they could
not name the City of Shakopee as a co-insured unless we could
Drove an interest by the City in the property.
Please advise what direction you would like our Board to take.
Regards,
I:ar orie R. Henderson
President
MRA/re
(28)
RECEWED
Murphy's Landing
Mivoeeeu VJlry lWbe[Yon lnc A[III[[a e[1Bf0-1880 MAY ; p1987
2167 E. Highway 101 Shakopee, Minnesota 55379 ^�
(612, a5 6900 OiTY OF gHAYO'`
May 19 , 1987
Mr. John R. Anderson
City Administrator
City of Shakopee
129 East lst Avenue
Shakopee, Minnesota 55379
Dear John:
This will acknowledge our .telephone conversation of Monday,
May 18 , 1987 , regarding our insurance coverage at Murphy' s
Landing.
As you are aware, we currently have co-insured the Scott
County Historical Society and Scott County. The latter Scott -
County
to the fact that the County held a twenty year recorded
lease on the site.
However, in reviewing Ordinance :290, I noted that Section III,
Paragraph C. states that "the Society shall file with the
City of Shakopee ,a public liability _policy with the City of
Shakonee and Soott County Historical Society named as assureds
thereunder" . "_'herefore, I contacted Gene Schmid, our insur-
ance anent, and directed 'nim to name the City of Shakopee as a
pp-insured.
Mr. Schmid called our carrier and they advised that thev could
not name the City of Shakopee as a co-insured unless we could
prove an interest by the City in the property.
Please advise what direction you would like our Board to take.
R`eega/ards//,
`Mar3cri e _.. Henderson
President
MRH/re
I
(28)
FINANCIAL REPkRTS
The Financial Reports on file with the City of Shakopee are
as follows:
)budget Year Discriotion Organization
1987 March - February 1988 (Budget) MVRP
1986 May - December (Income)
(Gate - Gift Shop - General Store -
combined income) MVRP
10-22-86 Balance on Hand (submitted 5-26-87) SCHS
2-28-86 Charitable Organizations - Annual report
for 12 months ending 2-28-86 MVRP
1-31-86 January 31 , 1986 Balance Sheet and
Operating Statement 1-31-86 - 1-31-85 MVRP
10-31-85 October 31 , 1985 Balance Sheet and
Operating Statement 10-31-85 - 10-31-84 MVRP
7-17-81 Final Report
Economic Potential of Murphy ' s Landing MVRP
2-28-82
and Financial Statements MVRP
2-28-81 W/Comparison
2-28-81
and Financial Statements MVRP
2-28-80 W/Comparison
2-29-80 Financial Statements and Auditors Report MVRP
1979 Financial Statement Murphy ' s
February 28, 1979 and 1978 W/Comparison Landing
1978 Financial Statement Murphy' s
February 28, 1978 and 1977 Landing
1977 Annual Report Murphy' s
February 28, 1977 and February 29 , 1976 Landing
2-28-75 Financial Statement MVRP
(29)
FINANCIAL REPORTS ( Cont)
1972 Balance Sheet SCHS
1970 Financial Review SCHS
1-1-69 Financial Statement SCHS
to
12-9-69
Dated this a,y Day of July, 1987 .
Juth S. Cox
Ci 0Clerk
(30)
FINANCIAL REPORTS ( Cont)
1972 Balance Sheet SCHS
1970 Financial Review SCHS
1-1-69 Financial Statement SCHS
to
12-9-69
Dated this �+ / � Day of July, 1987•
Jupith S. Cox
City Clerk
( 30)
MINUTES
The minutes of the Scott County Historical Society on file
with the City of Shakopee are as follows:
12-1-49 First meeting of SCHS
1-16-69 Letter from Secretary accepting terms and
conditions in Ord. No. 290.
2-16-84 Annual Meeting of SCHS
(No election of Officers)
10-17-85 Annual Meeting of SCHS
(No election of Officers)
10-23-86 Annual Meeting of SCHS
(No election of Officers)
Dated this Day of July, 1987 .
Judi k S. Cox
City Jerk
(31)
MEMORANDUM
TO: The Honorable Mayor and City Council
City of Shakopee
129 East First Avenue
Shakopee, MN 55379
FROM: Review Committee - Delores Lebens, Gloria Vierling,
John Anderson and Rod grass
DATED: June 12, 1987
RE: Murphy's Landing
INTRODUCTION
Please refer to the May 8, 1987, John Anderson memorandum for
background. At the time of Mr. Anderson's May 8 memorandum, the Scott
County Historical. Society had given notice to the Minnesota Valley
Restoration Project, Inc. that the Historical Society was going to take
legal action to remove the Restoration Project, Inc. from Murphy's Landing.
Since that time, the Historical Society has in fact served the Restoration
Project, Inc. with a Eviction Summons and Unlawful Detainer, returnable on
the 17th day of June. Both the Restoration Project Board of Directors, and
the Scott County Board of Commissioners have formally requested the City of
Shakopee to take such action as is necessary or convenient under Ordinance
290 to obtain total control of that portion of Murphy's Landing governed by
Ordinance 290. (You will recall that the City transferred the original 87-
acre site to the Historical Society under Ordinance 290 and the Historical
Society has since acquired an additional 11 acres on the east end of the
original site.)
BACKGROUND
The transfer from the City pursuant to Ordinance 290 occurred in
the early 1970s. The transfer from Owen-Illinois of the additional 11
acres occurred in the fall of 1977. The Minnesota Valley Restoration
Project was created in the early 1970s apparently at the . time as the
corporate entity to run Murphy's Landing. In July of 1975, in January of
1978, and in August of 1980, deeds were prepared at the request of the
Historical Society to transfer the site to the Restoration Project, Inc.
At least one of those deeds was signed by the Historical Society, but never
recorded and only copies can be found now, no original.
There were several transfers back and forth between the Historical
Society and the County of Scott to facilitate the County of Scott obtaining
for the Murphy's Landing site certain state and federal funds. At the
present time, it appears that the original 87-acre site, while in the name
( 32)
Mayor and Council Members
Page -2-
June 12, 1987
of the Historical Society, has been leased to Scott County through 1992.
Apparently, once a deed was prepared to transfer the lease interest back to
the Historical Society, but that deed was apparently never signed or filed.
The actual fee title to the 11 acres added on the east end of the site is
in the County of Scott, but the agreement apparently was that Scott County
would transfer it back to the Historical Society on request.
Under these circumstances whether the Historical Society is going
to be able to claim good title for the purpose of evicting the Restoration
Project from Murphy's Landing remains to be seen.
In an effort to obtain the balanced view of what is occurring, the
Committee on the 1st day of June met with the Board and attorney of the
Scott County Historical Society, and met on the 8th day of June with the
Board and attorney for the Minnesota Valley Restoration Project, Inc. Both
sides gave presentations and opinions relative to their respective views of
the circumstances which have led to the eviction notice. The Historical
Society Board apparently feels that the Board of the Restoration Project is
not handling Murphy's Landing in a historically correct manner protecting
the integrity of the site and feels that some of the operation has been
mismanaged. The Restoration Project Board feels that the site is in the
best shape it has ever been both historically and financially. Specifi-
cally, three long-time members of the Restoration Project Board (Les
Malkerson, Ron Weiler, and Geri Nelson) all indicated that in their ten or
more years of involvement each the site has never been in better shape.
ALTERNATIVES
The City has several alternatives . it can consider.
Alternative No. 1 - Stay neutral. Let the Historical Society and
Restoration Project Boards battle out this problem, determine who is the
rightful owner of the project and allow the winner to continue to manage
the project in the manner it sees fit.
Alternative No. 2 - Attempt to mediate between the two Boards; try
and obtain agreement to have a joint board and make somerecommendations as
to how that joint board might better operate the site. This alternative
has essentially already been tried, as the site for six months or so was
run by a joint board of six members from the Historical Society, six from
the Restoration Project, Inc. , counselwoman Vierling from the City and
Commissioner Mertz from the County. The six members from the Historical -
Society apparently all resigned in mass about December 2.
Alternative No. 3. - Proceed to exercise our reversionary rights
under Ordinance 290. This option, if successful, has several alternative
suboptions for the City after reobtaining ownership and possession of the
site and these include:
(33)
Mayor and Council Members
Page -2-
June 12, 1987
of the Historical Society, has been leased to Scott County through 1992.
Apparently, once a deed was prepared to transfer the lease interest back to
the Historical Society, but that deed was apparently never signed or filed.
The actual fee title to the 11 acres added on the east end of the site is
in the County of Scott, but the agreement apparently was that Scott County
would transfer it back to the Historical Society on request.
Under these circumstances whether the Historical Society is going
to be able to claim good title for the purpose of evicting the Restoration
Project from Murphy's Landing remains to be seen.
in an effort to obtain the balanced view of what is occurring, the
Committee on the 1st day of June met with the Board and attorney of the
Scott County Historical Society, and met on the 8th day of June with the
Board and attorney for the Minnesota Valley Restoration Project, Inc. Both
sides gave presentations and opinions relative to their respective views of
the circumstances which have led to the eviction notice. The Historical
Society Board apparently feels that the Board of the Restoration Project is
not handling Murphy's Landing in a historically correct manner protecting
the integrity of the site and feels that some of the operation has been
mismanaged. The Restoration Project Board feels that the site is in the
best shave it has ever been both historically and financially. specifi-
cally, three long-time members of the Restoration Project Board (Les
Malkerson, Ron Weiler, and Geri Nelson) all indicated that in their ten or
more years of involvement each the site has never been in better shape.
ALTERNATIVES
The City has several alternatives it can consider.
Alternative No. 1 - Stay neutral. Let the Historical Society and
Restoration Project Boards battle out this problem, determine who is the
rightful owner of the project and allow the winner to continue to manage
the project in the manner it sees fit.
Alternative No. 2 - Attempt to mediate between the two Boards; try
and obtain agreement to have a joint board and make some recommendations as
to how that joint board might better operate the site. This alternative
has essentially already been tried, as the site for six months or so was
run by a joint board of six members from the Historical Society, six from
the Restoration Project, Inc. , counselwoman Vierling from the City and
-- Commissioner Mertz from the County. The six members from the Historical
Society apparently all resigned in mass about December 2.
Alternative No. 3 - Proceed to exercise our reversionary rights
under Ordinance 290. This option, if successful, has several alternative
suboptions for the City after reobtaining ownership and possession of the
site and these include:
( 33)
Mayor and Council Members
Page -3-
June 12, 1987
(a) Lease the property to the Scott County Historical Society
with conditions.
(b) Lease the property to the Minnesota Valley Restoration
Project with conditions.
(c) Choose another entity. to which to lease the site to be run.
(d) Establish a city historical society to be in charge of the
project.
(e) Convey with restrictions as opposed to lease each of the
entities in paragraphs (a) thru (d) above.
RECOMMENDATION
The Ordinance itself sets forth the method by which the City would
exercise its reversionary rights. Specifically, Paragraph H of the
Ordinance indicates that if the Historical Society fails to attract antici-
pated financial support or fails to comply with the Ordinance, title to the
site together with all improvements shall revert to the City free and
clear. Paragraph H goes onto say that any dispute or question as to the
Society's performance shall in the first instance be determined by the
common council of the City of Shakopee at a public hearing to be held after
30 days written notice to the Society specifying grounds for the hearing.
The Society has the right to appeal to the District Court within 30 days
after any determination made by the Council. A copy of the Ordinance is
attached, and you will see that conditions in the Ordinance are listed in
Paragraphs A thru I. Possible violations of these paragraphs would include
a violation of Paragraph B procluding any sale, encumbrance, mortgage or
hypothecation of the property; a violation of Paragraph 3 requiring
insurance during all times the project has been open to the public;
possible violation of Paragraph D requiring 100 Scott County residents in
the Society's active paid up membership roster; violation of Paragraph E, a
requirement that the Society file complete annual financial statements with
the City; possible violation of Paragraph F, a requirement the Society hold
two general meetings per year and promptly file the names of the officers
elected annually with the City; and possible violation of Paragraph H, a
failure of the Society to attract anticipated financial support, due to the
position taken by the County Board and by the Stan$ Foundation that both
bodies will cut off support to .the site if the Historical Society isin
charge of the site. The Committee recommends that the City Council conduct
the public hearing required under Paragraph A of the Ordinance to determine
whether or not the Historical Society has failed to comply with the
requirements of the Ordinance, and if so, whether the City wishes to
exercise its reversionary rights. The present managerial disputes and the
questions raised as to whether or not the Ordinance has been complied with
seems sufficiently serious to the Committee to warrant the public hearing.
(34)
Mayor and Council Members
Page -4-
June 12, 1987
REQUESTED ACTION
The Committee requests that the Council adopt the attached
resolution calling for a public hearing under Paragraph H of Ordinance 290.
prk:mlw
Enclosure
(35)
Mayor and Council Members
Page -4-
June 12, 1987
REQUESTED ACTION
The Committee requests that the Council adopt the attached
resolution calling for a public hearing under Paragraph H of Ordinance 290.
prk:mla
Enclosure
( 35)
3a,
MEMO TO: John R. Anderson, City Administrator
FROM: Judith S. Cox, City Clerk
RE: Application for Temporary 3.2 Beer License by
Shakopee Jaycees
DATE: July 28, 1987
Introduction
-
The Shakopee Jaycees have made application for a temporary 3.2
beer license for August 2, 1987 at the Tahpah Park Ball Fields.
Background
The City Attorney has reviewed the surety bond and insurance
exemption and they are in order.
Alternatives
1. Approve application.
2. Deny application.
Recommendation
Alternative No. 1, approve application.
Recommended Action
Approve the application and grant an On-Sale 3. 2 Beer License
to the Shakopee Jaycees at Tahpah Park Ball Fields for August
2, 1987.
JSC/jms
3$
MEMO TO: John K. Anderson, City Administrator
FROM: Barry A. Stock, Administrative Assistant
RE: U.S. West Site Proposal
DATE: July 28, 1987
Introduction:
Earlier this year, U.S. West Corporation announced that they
intended to locate a 1500 person research and development
facility within their 14 state territory. U.S. West is currently
in the process of finalizing their site selection process. It is
not known whether or not Minnesota is the leading contender for
U.S. West' s proposed facility. On May 28, 1987, City staff
attended a briefing session regarding U.S. West' s selection
criteria. At that time, staff received a copy of U.S. West' s
request for proposal that was sent to each of the fourteen states
in U.S. West' s territory. At that meeting DEED had said
individual proposals were not appropriate. However, it has come
to the attention of City staff that many communities in the
Metropolitan area are submitting individual proposals to U.S.
West' s site selection committee even though DEED had tried to
avoid this by coordinating the proposals.
Scottland Inc. has approached City staff indicating an
interest in submitting a proposal to U.S. West. Recognizing the
competitive nature in which communities will be approaching U.S.
West's proposal, City staff and Scottland officials agree that
the City of Shakopee may want to consider making a development
incentive offer to U.S. West in an effort to lure them to our
community.
Background:
U.S. West is committed to expanding their research and
development division in order to serve existing customers well
and attract new customers. Their immediate goal is to find a
location for a core research facility for their advance
technologies division. The advance technologies core research
facility will house up to 1500 scientific and technical personnel
and support staff. They will be primarily engaged in the
research and development of new products and services- for U.S.
West's Companies.
U.S. West' s site selection criteria is based on the
following five factors:
1. A State' s commitment to excellence in education;
2. Quality of life;
3. High quality convenient transportation;
� 3B
4. Access to technical communities (those educational, State
and business institutions which support the work of a major
research facility) ;
5. A business climate which will welcome U.S. West as a partner
for the long term.
U.S. West intends on constructing a building that is
approximately 500,000 square feet. The minimum land requirement
for this facility is initially 45 acres with an adjacent 55 acres
for future expansion. The estimated construction cost for the
core facility is between $50 and $55 million dollars.
Environmentally speaking, this facility will not have any adverse
effects on the surrounding area. U.S. west officials emphasize
that the facility will be "clean" lab area.
U.S. West plans on selecting their final site in September.
They also intend to begin construction this December with
completion of the facility in January of 1990. -
Staff and representative from Scottland Developers believe
that it is imperative for the City to submit a development
proposal to U.S. West by the end of this week if we are to be
considered by U.S. West in their site selection process. We
could solidify our position as a contender if the City Council
were to make a commitment in terms of a financial incentive for
the location of this facility in our community. At this time,
City staff is not aware of any State incentive that is going to
be offered to U.S. West should they decide to locate in
Minnesota.
In terms of a City commitment, there are several
alternatives that may be appropriate for this type of
development.
1. The City could create a new tax increment district for a
site and use the captured increment to write down land costs
and/or provide utility services to the site.
2. In a July correspondence from Springstead Incorporated they
estimated the K-Mart and Canterbury Downs Projects, will
have surplus increment available. The City may want to
consider allocating $1 million dollars from the surplus tax
increment to be used for public utility improvements to the
U.S. West site.
3. The City may want to consider offering long term operational
incentives to U.S. West in the form of reduced City utility
service costs. If - this course of action is pursued by the __- _ --
City it would of course have to be approved. by Shakopee
Public.Utilities Commission.
4. Industrial Development Revenue Bonds have a small issue
limit of ,$10,000,000 and are therefore an unlikely source of
M I ,
4. Access to technical communities (those educational, State
and business institutions which support the work of a major
research facility) ;
5. A business climate which will welcome U.S. West as a partner
for the long term.
U.S. West intends on constructing a building that is
approximately 500,000 square feet. The minimum land requirement
for this facility is initially 45 acres with an adjacent 55 acres
for future expansion. The estimated construction cost for the
core facility is between $50 and $55 million dollars.
Environmentally speaking, this facility will not have any adverse
effects on the surrounding area. U.S. West officials emphasize
that the facility will be "clean" lab area.
U.S. West plans on selecting their final site in September.
They also intend to begin construction this December with
completion of the facility in January of 1990. .
Staff and representative from Scottland Developers believe
that it is imperative for the City to submit a development
proposal to U.S. West by the end of this week if we are to be
considered by U.S. West in their site selection process. We
could solidify our position as a contender if the City Council
were to make a commitment in terms of a financial incentive for
the location of this facility in our community. At this time,
City staff is not aware of any State incentive that is going to
be offered to U.S. West should they decide to locate in
Minnesota.
In terms of a City commitment, there are several
alternatives that may be appropriate for this type of
development.
1. The City could create a new tax increment district for a
site and use the captured increment to write down land costs
and/or provide utility services to the site.
2. In a July correspondence from Springstead Incorporated they
estimated the K-Mart and Canterbury Downs Projects, will
have surplus increment available. The City may want to
consider allocating $1 million dollars from the surplus tax
increment to be used for public utility improvements to the
U.S. West site.
3. The City may want to consider offering long term operational
incentives to U.S. West in the form of reduced City utility
service costs. If this course of action is pursued by the
City it would of course have to be approved by Shakopee
public.Utilities Commission.
4. Industrial Development Revenue Bonds have a small issue
limit of $10,000,000 and are therefore an unlikely source of
3 3 ,a
financing for this large of a facility. The Tax Reform Act
of 1986 also places severe restrictions on the use of
IDRB' s, thereby reducing the likelihood of IDRB' s as a
viable financing mechanism.
Staff would recommend that the City Council discuss possible
development incentives that they may want to offer U.S. West. If
- - - the Council wishes to make some kind of commitment at this time,
it would be appropriate to do so in a motion so that it can be
incorporated in to the U.S. West proposal. In conclusion, staff
would like to add that should the City be so fortunate to attract
the U.S. West facility it would be safe to say that Shakopee
would-be an attractive location forsupportindustries that would
cater to U.S. West' s production needs.
Alternatives:
1. Support the concept of creating a new tax increment district
for the U.S. West site using the tax increment proceeds
generated from the development for public improvements to
U.S. West's site.
2. Support the concept of a $1 dollar land purchase offer to
U.S. West. Funding to be supplied from surplus tax
increment proceeds.
3. Support the concept of utilizing $1 million dollars of
existing tax increment surplus to support the provision of
public utility improvementsto the U.S. West site.
9. Support the concept of a long term reduction in the cost of
public utility costs for the U.S. West facility.
5. Do not make any firm economic development incentive
commitment in the U.S. West proposal.
6. Support an economic development incentive in the form of a
combination of the aforementioned alternatives.
Staff Recommendation:
_ Move to authorize the appropriate City officials to work
- - with Scottland Companies in the development of a site proposal
for the U.S. West Advanced Technologies Facility and support the
City' s use of tax increment financing in the form of a $1 dollar
land write down for the U.S. West site located in Shakopee.
d
�- - — -
THE
Or,V
SCO- TLAND
COMPANIES
July 23, 1987
Chairwoman Jane Van Maldeghem
and Members of the Planning Commission
City of Shakopee
129 East First Avenue
Shakopee, Minnesota 55379
RE: Starwood Music Center
Dear Chairwoman Van Maldeghem
and Members of the Planning Commission:
I. Overview
As you know we gave a detailed presentation to the
Planning Commission on June 18, 1987 concerning
Starwood Music Center. Several questions were asked by
Planning Commission members and we said we would
respond to them in writing before or at the
continuation of the public hearing on July 30, 1987.
This letter will answer those questions and provide
some additional information on other aspects of the
project.
II. Ouestions Asked By Planning Commission Members On June
18 , 1987
A. How does the project meet the criteria for a
Conditional Use Permit in the City's zoning code?
Ordinance:
"A. Criteria for Granting Use Permits. In granting a
conditional use permit, the Planning commission
shall consider the effect of the proposed use upon
the health, safety, morals and general welfare of
the occupants of surrounding lands. Among other
things, the Planning Commission shall make the
following findings where applicable: "
Response: The word "surrounding "or surround" is
defined in Webster's Dictionary as follows: "to cause
to be encircled on all or nearly all sides; enclose. "
We or other industrial users own all of the land
surrounding the project for at least 3/4 mile. There
has been no testimony that there is any adverse effect
on the occupants of these surrounding lands. In fact,
we have numerous letters of support from the owners
and occupants of the land within 3/4 mile of the
project which are attached as Exhibits Al-6.
P.O. Box 509 1244 Canterbury Road Shakopee, Minnesota 55379 [612]445-3242
Ordinance:
"1. That the conditional use will not be injurious to
the use and enjoyment of other property in the
immediate vicinity for the purposes already
permitted, nor substantially diminish and impair
property values within the immediate vicinity. "
Response: The word "immediate" is defined in Webster's
Dictionary as "not separated in space; in direct
contact; closest; nearest adjoining. " The word
"vicinity" is defined as "being near or close by. " The
word substantial as "considerable, ample, large. " In
this case we are surrounded by industrial, recreational
and commercial uses for at least 3/4 mile. There are
numerous letters in the record of property owners in
that area in support of the project. There is no
testimony to the contrary. In fact, the City's
Industrial Commerce Commission has endorsed the project
unanimously. There is no testimony of adverse effect
on present, future uses or property values. In fact
several owner's have stated in writing that the
existence of Canterbury Downs in the industrial
district has been helpful to their businesses and
Starwoods likewise would be helpful.
There has been a suggestion that the project may have
an adverse effect on the ability to sell a home 3/4
mile away or that a specific potential buyer Gout of
hundreds of potential buyers looking in the market) may
have stated that he/she would not want to buy a home if
the project is approved. That may be true. Similar
statements are made when a school, church, hospital, or
other homes are planned to be built by an existing home
for sale. That doesn't mean the use can or should be
denied. Nor does it mean that property values are
Substantially reduced. We do not believe that the
analysis of property values 3/4 mile away is relevant
under the zoning code. Even if it were relevant, there
is no appraisal testimony and analysis to that effect
and in fact, there has never been any similar argument
in regard to the impact of the racetrack which is
closer to homes. I have heard similar statements
raised by opponents to projects in my 14 years as a
land use attorney, but I have never seen a professional
unbiased analysis to support such a statement. Quite
frankly, it is usually possible to convince some
realtor to say something on the subject, pro or con -
but an independent appraiser who is trained to do such
an analysis rarely can conclude there is a substantial
adverse effect.
2
In this case, I think everyone agrees that the
adverse effect of noise from the Bypass which will be
55 dBA inside the homes may have an adverse effect on
property values, but our projected sound is
dramatically less at all times.
ordinance:
1-2. That the establishment of the conditional use will
not impede the normal and orderly development and
improvement of surrounding vacant property for
uses predominant in the area. "
Response: There are letters of support from the owners
of vacant and developed property in Canterbury Park.
(Exhibit Al-6) . There is a letter from John Shardlow,
an independent expert planner, stating that there is
no adverse impact and the use is compatible.
(Exhibit C) .
Moreover, as owners of 1,000 acres of vacant land and
400 acres of developed land around the project, we
would not allow a use which was adverse to its present
or future development.
The compatability of our project with present and
future business and industrial uses can also be seen by
the decision of Curt Carlson to establish a 3, 000 seat
anphitheater at his world headquarters building in the
midst of his new 300 acre, 600 million dollar business
park in the city of Minnetonka. (See Exhibit D) .
ordinance:
113 . That adequate utilities, access roads, drainage,
and other necessary facilities have been or are
being provided. "
Response: The EAW, reviewing state agencies and city
staff have found that the project will be serviced
adequately in all these areas. In fact, the project
will discharge less sewer than the typical industrial
users. The roads will be used in non-peak hours.
ordinance:
"4 . That adequate measures have been or will be taken
to provide sufficient off-street parking and
loading space to serve the proposed use. "
Response: All reviewing agencies and city staff have
not objected to our plans in this regard.
3
Ordinance:
"5. That adequate measures have been or will be taken
to prevent or control offensive odor, fumes, dust,
noise and vibration, so that none of these will
constitute a nuisance, and to control lighted
signs and other lights in such a manner that no
disturbance to neighboring properties will
result. --
Response:
esult. "Response: All reviewing agencies and city staff have
not objected to the project in this regard. The only
question raised by some people concerns the possibility
of sound being heard by people who live in the city.
Two independent sound experts have analyzed the off
site sound in great detail and have concluded that the
sound off site would be limited and when the loudest
performers were performing (which is at a limited
number of events each year) the sound level for a
limited period of time may reach 35 dBA outside
homes at Dean's Lake in comparison with:
a) 50-52 dBA outside from the auto racetrack -
b) 60-65 dBA outside from airplane overflights
c) 55 dBA inside home from the Bypass
d) 40-45 dBA normal background sound before the
construction of the Bypass.
Our project will always be well within state and city
guidelines which are the guidelines which must be
applied in the analysis of our application.
Ordinance:
"6. The use, in the opinion of the Council, is
reasonably related to the overall needs of the
City and to the existing land use. "
Response: This condition relates by its terms only to
council action, however our project easily meets this
test. The City Council and Planning Commission have
repeatedly over the years found appropriate and
approved an ordinance which allows this use as a
permitted, and recently a permitted or conditional use.
So there should be no debate about the appropriateness
generally of this use in this district. Moreover,
there are numerous benefits to the City from this use
which are stated elsewhere in this letter.
4
Ordinance:
117. The use is consistent with the purposes of the
zoning code and the purposes of the zoning
district in which the applicant intends to locate
the proposed use. "
Response: As stated previously, the City Council and
Planning Commission have repeatedly over the years
found and approved commercial recreation uses as a
permitted, and now a permitted or conditional use in
this zoning district.
Ordinance:
118. The use is not in conflict with the Comprehensive
Plan of the City. '-
Response:
ity. "Response: Commercial recreational uses have been a
permitted use under the zoning code for this district
for years before, during and after the review and
adoption of the City's comprehensive plan by the City
and as part of the review of the City's Comprehensive
Plan by the Metropolitan Council in 1981.
Commercial recreation uses were also reviewed again by
the City as part of the rereview of the Comprehensive
Plan after the racetrack was approved and during the
racetrack district study.
The planner for the Metropolitan Council has expressed
a desire for an amendment from their perspective which
is not required by law but perhaps should be considered
further if the City approves the Conditional Use
Permit.
Ordinance:
1-9. The use will not cause traffic hazard or
congestion."
Response: The EAW analysis shows that the project will
meet all City, State and Federal guidelines in regards
to traffic. Moreover, we still must obtain an Indirect
Sorce Permit (ISP) from the Minnesota Pollution Control
Agency ( MPCA) and must abide by any conditions related
to traffic.
In addition, we have provided a traffic management plan
to the City and if necessary, we will modify it from
time to time as the City may request. MN DOT has
stated there will be no traffic problems.
(See Exhibits 1 and 2)
5
Ordinance:
"10. Existing businesses nearby will not be adversely
affected because of curtailment of customer trade
brought about by intrusion of noise, glare or
general unsightliness. "
Response: There is no testimony of an adverse effect
on existing businesses nearby and there is ample
testimony in letters from businesses and the ICC
endorsement in support of the project.
Ordinance:
"11. The developer shall submit a time schedule for
completion of the project."
Response: We have submitted a time schedule. We hope
that the Planning Commission will approve the
Conditional Use Permit on July 30, 1987, subject to
approval of the EAW by the City Council, that the
Council will approve the EAW in August, that the
MPCA will approve the ISP in late August, so
we can commence grading in September, construction in
October through May, with an opening in June, 1988.
Ordinance:
1112 . The developer shall provide proof of ownership of
the property to the Administrator.'-
Response:
dministrator."Response: We have done so.
Miscellaneous:
In addition to the quick summary of facts in support of
each of the above, we incorporate by reference all of
the detailed studies, memoranda and letters of support
on file with the City.
We believe we meet the criteria of the ordinance in
all respects. If there is some criteria which the
Planning Commission believes we do not address, we
would appreciate learning specifically what it is and
what is required from us to meet that criteria so we
can see if it is possible.
We have mentioned before that if this use were on a 150
acre site instead of an 86 acre site, it would be a
permitted use where no criteria are applied so it is
hard to see how we can not meet these criteria since we
see no reason why an 86 acre project in this case does
not have all of the same characteristics as a 150 acre
site which is a permitted use.
6
In addition, as City Staff has pointed out before, a
conditional use is a permitted use except that
compliance with reasonable and necessary conditions may
be required from the applicant before the project may
be built.
III. Questions Asked By Planning Commission members
Ouestion•
How do you support the findings for a conditional use
permit?
Response:
See II and III above.
Ouestion•
How will off-site problems be handled?
Response-
(1) Within 12 hours of every performance we will pick
up litter, if any, along the roads in Canterbury
Park.
(2) We will have off-site traffic personnel as
needed.
(3) If there is any off-site disturbance or
trespassing reported to us, we will immediately
inform the Police or do whatever else the Chief
of Police requires of us.
(4) If there is any other program you want us to
consider, please inform us.
Question:
What sort of beverages will you serve?
Response:
Beer, wine, soft drinks.
Ouestion•
How will airplane noise affect their performances?
7
Response•
Based on our discussions with others who have similar
overflights, we do not believe there will be an adverse
effect.
Ouestion•
Are there enough off duty police officers available to
provide the security suggested?
Response•
Yes. There is a large pool of off duty police officers
in the region available. We will implement whatever
program the City Chief of Police requests in this
regard. (See Exhibit H) .
Ouestion•
Will the lighting cause problems?
Response•
We stated in our conditional use permit application
that we would have 1 foot candle within the enclosed
area and 1/2 foot candle in the parking lot and all
lights would focus to the ground similar to those at
Canterbury Inn. The site is surrounded on two sides by
forest. The light will not be seen off site.
Ouestion:
Will residential property values be affected?
Response•
No. For all of the reasons stated above. In addition,
the site is separated from residential areas by 3/4
mile, industrial zoned areas, and a Bypass highway.
Traffic to and from the project does not pass through
residential areas. The City has recently approved the
platting and development of hundreds of residential
lots so it is clear that recreational activities are
not adversely affecting residential values or
development otherwise property owners would not spend
the money to develop their land for residential
purposes.
Ouestion•
Can the conditional use permit be revoked if the user
violates the terms of the permit?
8
Response-
Yes. The ordinance clearly so provides. The Indirect
Source Permit to be issued by the State will also so
provide. The City's nuisance and noise level
ordinances also allow the City to enjoin the use if
not operated properly.
ouestion•
Will the construction activity cause problems?
Response:
No. Construction will involve grading by several earth
movers, construction of several small buildings similar
to Canterbury Retail Center and the Pavillion. The
magnitude of construction is less than the Canterbury
Inn with far fewer construction workers needed. All
soil needed is on site.
Ouestion•
What will the future use be for the 10 acres to the
southeast portion of the site?
Response:
That property is zoned industrial and can only be
developed in conformance with the zoning code. We have
no present plans for that site. (A question was raised
if that 10 acre site was adequately delineated as not
being part of the project. The property line shown in
the exhibits submitted does exclude it although it may
be hard to read on the reduced copies. )
Ouestion•
Will the project adversely affect the development of
the remainder of Canterbury Park?
Response:
No. We previously stated the reasons why we did not
believe there would be an adverse effect (See Exhibit
I) . Subsequently, we reviewed this question with a
well known land use planner who represents numerous
cities and he agreed with us (See Exhibit C) .
Recently, Curt Carlson announced the ground breaking
and construction of a 3,000 seat amphitheater in the
middle of a 300 acre, 600 million dollar development
(See Exhibit D) .
9
our industrial neighbors agree there is no adverse
effect and some feel it is beneficial
(See Exhibits Al-6) . The City's Industrial
Commerce Commission has endorsed the project. (See
Exhibit G) .
Ouestion•
The Metropolitan Council has control over the MUSA line
so not all of the presently industrial zoned land can
be serviced by municipal sewer.
Response:
That is true. However, there are approximately 1,000
acres of vacant industrial land presently with the MUSA
line. The Metropolitan Council has historically
extended the MUSA line prior to the depletion of the
supply of available served area. This occurred last
year in Canterbury Park and in Shakopee residential
areas. Moreover, many dry industries are allowed to
develop in large lots without municipal sewer.
Ouestion•
Are there examples of amphitheaters, or similar uses in
the middle of Industrial Parks?
Response:
Yes. We have given similar examples previously. No
fact situation is exactly the same. other examples
recently learned of include Curt Carlson's development
and the new Music Center proposed for the middle of an
industrial area in Indianapolis (See Exhibits J) .
Ouestion•
How will a 25 cents per patron admission tax raising
$100, 000 each year beneficially impact the funding of
County Road 18 Bridge?
Response:
Our $100,000 a year allows the County, if it so
chooses, to sell a bond of a much greater amount, fund
the bridge and pay off that bond from further admission
tax revenues. The same is true for admission tax from
Canterbury Downs, Renaissance Festival and Valley Fair.
Moreover, although the cost of the bridge is $40
million, 2 .4 million dollars must be funded by Scott
County.
10
IV. Benefits To Community
We think it is important to repeat a portion of our
letter to you of June 1, 1987. These benefits to the
City are real, substantial and not controverted.
A question has been asked "what benefit is this
facility to the City of Shakopee". If this were a 150
acre site, the project would be a permitted use and
there would be no review by the City. We have reduced
the project size to 86 acres so it would be a
conditional use permit. Neither the City Ordinance,
Minnesota Statutes, or the courts require such a
statement of benefit.
However, we are prepared to respond to any inquiry
about the project. We believe the project has numerous
benefits to the City which include the following. We
realize that not everyone will agree as to the amount
of the benefit for each factor and some may believe
that a specific factor is not a benefit.
1. The project will create additional real estate
taxes in each year on a facility which will cost
$6 to $8 million to construct.
The project is not in a tax increment financing
district so all of the new taxes are allocated to
the City, County and School District each year.
We will pay for any off-site police traffic
personnel, as needed, just as Canterbury Downs
does presently. So there is little or no cost to
the City.
2. Assuming the County Board passes the $.25 per
patron admission tax, the county will collect
approximately $100,000 each year to be used
solely for the construction of the Highway 18
Bridge to improve access to the City, especially
needed during rush hour.
3. Upon development of the site, the project will
pay to the City deferred assessments on roads
previously built and paid for by the City.
4. The facility will result in increased awareness
of the location of the industrial park, leading
to additional commercial and industrial tax base
and jobs.
11
5. The patrons coming and going to and from the
facility will purchase retail goods and services,
meals and lodging within the City, similar to the
increased sales from other attractions.
6. There will be up to 20 full-time jobs and 300
seasonal jobs. A high percent of the Racetrack
seasonal workers live in Shakopee; a higher
percentage live in Scott County. The same will
be true with Starwood. The seasonal jobs are a
boon to all ages of those unemployed or
underemployed in the area. Many of the jobs are
second jobs for those underemployed and are
summer jobs for high school and college students.
The wage rates will vary from $4.00 to $10. 00 per
hour.
7. The facility may be used by others in the City
for:
a) special events
b) town meetings
c) cultural events
d) fairs
e) religious services
f) other uses where you need a stage and
pavilion.
8. The facility will offer a variety of musical
entertainment for the citizens and ability
to raise money for local charities.
9. The facility and its employees will purchase
goods and services from local merchants.
V. Summary
We announced last November that we would chart a slow
and deliberative course of development. We have done so
over the last nine months (in fact the racetrack development
was reviewed and approved by the City in approximately 4
months) . We have hired the best independent experts in the
state to analyze all aspects of the project. You have
received their studies and conclusions. The reviewing
agencies of the state have essentially agreed with them. We
believe we have met or exceeded all ordinance requirements
of the City. (See letters previously provided and Exhibit
K1-4. ) But, most importantly, we and many leading citizens,
companies, and groups in Shakopee have endorsed the project
and agree that it will be beneficial to the City. We hope
we have answered all of your questions and that you will
12
vote to approve the conditional use permit on July 30, 1987
so we can proceed to the City Council and through the final
state permitting procedures.
If you have any questions or desire any additional
information prior to the July 30th meeting, please call.
Very truly yours,
THE SCOTTLAND COMZES Q�
v
Bruce D. Malkerson
Executive Vice President
Jeffge �
Project Manager
DBM:jhl
cc: Mayor and city Council
John Anderson
Dennis Kraft
Doug Wise
13
NONE EXHIBIT A-1
I
1 � VALUI TL a
SNAP ,MINNEWTAYnWH �
POWER6121445-2020
C O FS P O R A T 1 G PJ 8001328.6441
June 26, 1987
SCOTTLAND, INC
P 0 Box 50, 1244 Canterbury Road
Shakopee, MN 55379 _
ATTENTION:.. Mr. . Jeff Siegel
Dear Jeff :
' Inrespon se `toyour - inquiry-as to`what . impact, if• any, Canterbury -•"
�_,Downs.-- has- had,on.-our..industria L,�.o perations,
comment that the impacts we -have experienced are-. favorable...:
. --The hours of operation at Canterbury-- havemade traffic. problems
,. le. ,We., have had no instances -of any other type of
__ . r
''unnoticabproblems. In contrast, the_: influx of entertainment _.industry has
-had the following positive impact. - -
Created motel accomodations sorely needed for our out-of-town
guests .
The ownership of Club House season tickets has provided us with
an excellent sales promotion; wherein, we offer the use of our
tickets to ourcustomersprovided they stop at our facilities to
pick-up the pass.
You also inquired as to what impact the proposed open air theater
might have on us. As the intended useage is evening and
weekends, we do not feel there would be any more negative impact
than we have experienced by Canterbury Downs, Valley Fair, or the ..
Canterbury . Inn , -which has been nil . . We would view the
entertainment' provided by such a -'complex "as an -additional sales
and marketing tool that would likely be used by our company.
- I hoped this satisfactorily answers your questions.
rely,
ick Nolan, _
President
RJN:gh
A-2
The Toro Company
W Valley Industrial Blvd,Shakopee,Minnesota 55379
612/937-3300
July 8, 1987
Mr. Jeff Siegel
The Scotland Companies
1244 Canterbury Road
Shakopee, MN 55379
Dear Jeff:
What effect did having an entertainment facility such as Canterbury
Downs have in making our decision to prove to the Industrial Park here
in Shakopee?
The decision to move the metal components manufacturing facility to
the Industrial Park in Shakopee was based largely on two factors; the
first was due to the fact that we already owned property and had an
unused building here in the Park and, therefore, was the most
preferable from a cost standpoint. Secondly, the demographics of the
existing employment population showed this to be the best location for
the most employees if we, in fact, had to make a move from the
Bloomington location.
The traffic issue was discussed as a potential negative but
discussions with other Park residents led us to believe that such
problems were minimal and, in fact, did riot then serve as any kind of
potential deterrent.
We prefer being part of a community who strives for ways to keep the
area fiscally strong. We feel that the integration of recreational
facilities such as Valley Fair, Canterbury Downs and the proposed
Music Center with equally clean and attractive industrial facilities
such as Toro and others, provides no basis for conflict so long as all
of the businesses are managed prudently and .with respect for each
other.
Sincerely,
a,",el H rey4
Personnel Ma ager
2009sr,
A-3
4700 VALLEY INDUSTRIAL BLVD . SO . ,
S H A K O P E E, MN . 5 5 3 7 9
PHONE : 612 - 445 - 8600
CABLE : PDESIGN TELEX : 29 - 0839
pwilot'deAgni
June 25, 1987
Mr. Jeffrey L. Siegel
The Scottland Companies
P. 0. Box 509
1244 Canterbury Road
Shakopee, Minnesota 55379
Dear Mr. Siegel: -
Pouliot Designs is very satisfied with our location in
Canterbury Park. We are in favor of all of the attractions
which have developed in the Shakopee area and are particularly
thrilled to hear about the new Starwood project.
An entertainment complex such as Starwood will be an added
feature for our employees, as well as add to the local tax base. This
is particularly important, in that one of our major needs in this
area is for the new bridge to cross the Minnesota River. Any project
which will help in that development will be a great asset to this
community.
Very truly yours,
POULIOT DESIGNS CORPORATION
Ted Poulidt
TAP/mjs
nvm.aor -
r7H04S
A-4
June 10, 1987
ffif lon—EM5 M I
Mr. Douglas K. Wise
Shakopee City Planner
129 B First Ave.
Shakopee, MN 55379
Re: Starwood Music Center
Dear Mr. Wise,
We had the distinct pleasure today of meeting with Jeff
Siegel, Project Manager for Scottland on the Starwood
Development.
It is quite obvious that everyone associated with this
undertaking is keenly aware of its impact on the area and is
committed to making Starwood a genuine asset to the community.
Having had the opportunity to review our concerns over security
with Mr. Siegel, we welcome the project and look forward
enthusiastically to opening night.
Please accept our thanks for providing a forum at which to
express our feelings and our assurance of continued support.
Best Regards,
Al Schafer
Manager Production and Facilities
Conklin Company.Inc.
Manulacturing Feciliry and
DisnibNion Center
5S1Ya1ley ParkDme cc: ,lames D. Leonard
P.D.Box 155
S'akoDm.61/155379 Jeffrey Siegel, Scottland Companies
6:z 645-6010 _
Ag Chemicals
Alcohgland FmdPI8m
Cleanersand Home Care
I.,A)"enfs and Cond'Vonen;
Roofing Systems
Spec:airy Coatings
A-5
K.W. "O'B"O'BRIEN
President
Denny's CONSTRUCTION COMPANY
Bus:612345.4143 3549 Eagle Creek Blvd.- P.O. Box 11
Shakopee. Minn.55379
July 20, 1987
Mr. Jeffrey Siegel
Starwood Project Manager
The Scottland Companies
P. 0. Box 509
Shakopee, MN 55379
Re: Starwood Music Center
Shakopee, Minnesota
Dear Mr. Siegel :
Danny's Construction Company is very interested in being a
part of the construction of another major facility in the Shakopee
area. We are a steel erection contractor founded in Shakopee in
1970 and are interested in the promotion of this area. Enclosed
please find a brochure that depicts some of the construction
projects we have been involved in. Please contact us when bid -
drawings and documents are available.
Very truly yours,
DANNY'S CONSTRUCTION COMPANY, INC.
BY /
A. Wilson
Vice President
Enclosure
1 .3.27
LAW/cfs
A-6
Murphy's Landing
}Alevpap V�lby Mvbretivv lvu ANIs{e vt 18{0-1880
2187 E. Highway 105 aa5opee, Minnesota 55379
61
July 17, 1987
Mr. Jeffrey Siegel
P.O. Box 509
1244 Canterbury Road
Shakopee, MN 55379
Dear Mr. Siegel:
We have followed the proposed Starwood Music Center project
with great interest.
Shakopee has a wide spectrum of outdoor recreational attractions
that cannot be equaled in the Midwest. The addition of this
fine facility offering a wide range of musical and theatrical
events would complete the overall needs of all those visiting
our community.
Looking at the concern you have shown regarding the environmental
issues; aesthetic design; employment opportunities;
vement
of traffic, I feel you have addressed all the major issues
surrounding any new development. Best yet, the tax revenues
generated to the City Of Shakopee without any city investment
is a real plus.
Murphy's Landing prides itself on being a rich educational
interpretation of the Minnesota River valley, which nourishes
the mind and provides fun and relaxation for the visitor. I
see Starwood Music Center providing fine musical events that will
impact all our lives in a positive manner.
Regards,
Mar 3jz(rie R.)Henderson
President/Director -
MRH:rae
EXHIBIT B
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NORMAL
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40-4S
� B�A$�Np �5d
°srs S CBA) l WORST CASE —..
i • MUSIC�CENTER �'�
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/�•• . � ..ego FN 9pr.
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EXHIBIT C
RECENVED
ti F ((\RPT kk AV JUL 2 31987
AN tI RAIN The Scottland Companies
CONSUCTINC. PLANNERS
LANDSCAPE ARCHITECTS
300 FIRST AVENUE NORTH
MITE 210
I'INNEA.r O'_'.,.. ?',' -. 1D!
,11 331) 3300
22 July 1987
Bruce D. Malkerson
Executive Vice President
leffwy c'ng-I
Project Manager, Starwood Music Center
Scottland Companies
P.O. Box 509
Shakopee, Minnesota 55379
RE: Discussion of the Issue of the Compatibility of Large Scale Recreational
Facilities With Industrial Parks
Dear Bruce and Jeff:
I am writing in response to your request for my comments regarding the issue
of the relative compatibility of large scale recreational and cultural facilities
with industrial parks. I understand that you are not only interested in my
general opinions on this topic, but also my expectations regarding the
compatibility of the proposed Starwood Music Center and the existing
Canterbury Park.
It is somewhat ironic that you should ask me this question now. Over the
past several weeks I have been preparing a review of the Urban Land
Institutes' Mixed-Use Development Handbook for publication in the fall issue of
Common Ground, the National Journal of the Community Associates Institute.
As a result, I have nearly completed a rather intensive analysis, both of the
general concept of mixed use development and several particular mixed use
developments throughout the country.
Without launching into a jargon filled, esoteric history of mixed use
development, suffice it to say that the practice of combining different land
uses in a single place is virtually as old as the history of human settlement.
It was really just with the wide spread acceptance of the concept of zoning
(the separation of land uses into districts) that the development patterns in
our cities moved away from mixed uses.
The logic behind the concept of zoning is that the best way to achieve
compatibility between different uses is through physical separation. Today
there is a wide and growing acceptance of the fact that different uses can
exist in close proximity to each other. Successful mixed use development
begins with a sophisticated and complete analysis of the ways in which the
Malkerson/Siegel, 22 July 1987 Page 2
proposed uses will actually function and, therefore, the actual off-site impacts
associated with these uses. The regulations to govern these developments
must also be flexible enough to include specific performance standards related
to actual impacts as opposed to any arbitrarily established standards.
One of the principal advantages in mixed use developments is the fact that
different uses experience their most intensive use periods (peak periods) at
different times. Traffic and parking are two of the most frequent areas in
which this fact can be used to its greatest advantage. By combining uses
with different peak periods in the same development, it provides the
opportunity to intensify the overall use of the area without making it
necessary to add substantially to the size and capacity of streets and parking
areas.
From the material that I have reviewed regarding this proposal it is clear
that the peak use periods for this facility will not correspond with those
associated with the vast majority of the businesses in the park. I also know
enough from my research and experience to conclude that there are some very
good reasons to locate recreational and cultural facilities in industrial areas,
as opposed to residential, or even general commercial areas. These facilities
are most actively used at times when the surrounding industrial businesses are
either not using the area roadways, or are using them to a very limited
extent.
I might also add that I have always felt that the opening of the T.H. 169
bypass is the key to the future success of this portion of Shakopee. I am
very encouraged by the progress that is being made toward that end.
In conclusion, it is my opinion that large and small scaled recreational and
cultural facilities have and will continue to be successfully integrated into
industrial areas. There is no logical basis for a conclusion that there is
anything fundamentally incompatible about these uses. I have reviewed the
Environmental Assessment Worksheet covering this proposal, as well as
numerous letters from industrial business owners within Canterbury Park.
There is nothing in this material that would lead me to conclude that the
proposed Starwood Music Center could not be successfully integrated into
Canterbury Park. The City of Shakopee should be able to adequately address
any remaining concerns through its conditional use permitting process.
Sincerely,
DAHLGREN, SHSAAARRDLOW, AN�D�UUBB�ANN, INC.
John Shardlow, AICP
Vi resident
SELECTED CLIENT AND REFERENCE LIST
City of Burnsville Minnesota Racetrack Inc.
Minnesota Shakopee, Minnesota
Linda Barton, City Director Bruce Malkerson, Attorney
City of Mendota Heights New Horizon Homes, Inc.
Minnesota Plymouth, Minnesota
Orvil Johnson, City Administrator Robert..Burger, President
City of Monticello Northland Development Co.
Minnesota Brooklyn Park, Minnesota
Gary Wieber, City Administrator James Stuebner, President
City of Roseville Order of St. Benedict
Minnesota St. Joseph, Minnesota
Frank Rog, Parks Director Sister Kathleen Kalinowski
Dodge Nature Center United Properties
West St. Paul, Minnesota Bloomington, Minnesota
James M. Malkowski Ken Stensby, President
Executive Director
Fine Associates, Inc. Amoco Oil Company
Minneapolis, Minnesota Mandan, North Dakota
Bill Fine, President W. A. Burns, Manager
Freshwater- Foundation- First Bank System
Navarre, Minnesota Minneapolis, Minnesota
Joe Rosillon (St. Anthony Falls)
Scott Hutton, Vice President
Good Value Homes Franklin National Bank
Blaine, Minnesota Minneapolis, Minnesota
Don Hardie, President Thomas Allen, President
General Mills American National Bank
St. Paul, Minnesota and Trust Company
John Schevenius St. Paul, Minnesota
David M. Hyduke, Sr. Vice Pres.
Hiner Properties, Inc. Briggs and Morgan
Arden Hills, Minnesota St. Paul, Minnesota
Gary Hiner, President Michael Galvin, Attorney
Jesco, Inc. Grossman Karlin, Seigel & Brill
Edina, Minnesota Minneapolis, Minnesota
Chet Sazenski, President Josiah Brill, Jr., Attorney
Larkin, Hoffman, Daly &
Health Central Corp. Lindgren Ltd.
Golden Valley, Minnesota Bloomington, Minnesota
Peter Van Hauer, General Counsel Robert Hoffman, Attorney
MEPC American Properties, Inc. BWBR Architects
Minneapolis, Minnesota St. Paul, Minnesota
John Graham, Regional Manager Fritz Rohkohl, President
Metram Properties Company Robins Zelle, Larson & Kaplan
Edina, Minnesota St. Paul, Minnesota
Vasco Bernardi, President Solly Robins, Attorney
Korsunsky, Krank Erickson Architects Strgar--Roscoe, Inc.
Minneapolis, Minnesota Wayzata, Minnesota -
Ron Krank, President Frank Strgar, President
Pope Associates, Inc. Suburban Engineering, Inc.
St. Paul, Minnesota Fridley, Minnesota
Robert L. Pope, President William Jensen, President
BonestrooRosene Anderlik & Assoc. Wooddale Church
Roseville, Minnesota Eden Prairie, Minnesota
Otto Bonestroo, President Gordy Pearson, Ground Supervisor
Page 10,Skyway News,Tuesday,July 14,1987
Today's Business
w Business Updates
EXHIBIT D
S
nmrpl.11l��'ll ((�`��/�d�trnux u
o
mu�iiiiii iin 1 1�1/ '/ •.wr
o
'� wi.uunuu 11
d1�. 1/ • 1 wn _
Fancy dig
Carlson breaks
Soil for center-`A*
By Patrick Boulay
No one can deny that local business
:mogul Curt Carlson has vision and
patience.'
Cast. Saturday's ground breaking at
the mammoth. .300-acre Carlson
Center may:not seem like much. It
was :'.onlya ground-breaking
ceremony,,although fancier than most
(700 had accepted invitations at press
time). But. Carlson haswaitedsince
f959 for the chance to lift a shovelful
of dirt.. to 'mark the beginning of
construction for Carlson Cos.'.new
- world headquarters. -
As development projects go. this is ` -
one of the more ambitious in the Twin
Cities,, according to industry ob-
servers.Scheduled in phases over the
next decade at acost estimated at
near $600 million, constructions calls
for 4 million square feet of space in a
mix of buildings that include office,
residential, retail, office/warehouse,
and hotel.
All these buildings will be surrounded
by landscaping that includes a 22-acre `
man-made lake, a,3,000-seat outdoor '
amphitheater, jogging and walking
— paths,and otheramenities yet to be
11Pflderl
EXHIBIT E-1
�`NNE�Tq jlj 1 �.
v Minnesota Department of Transportation Cj l 5j9BJ
, Transportation Building, St. Paul,MN 55d5S,, �OF� Kpp
OF TPP
July 13, 1987
vhore 296-1652
Dennis Kraft -
Community Development Director
City of Shakopee
129 East First Avenue
Shakopee, MN 55379
He: Starwood Music Center
Environmental Assessment Worksheet (EAW)
District 5 (Shakopee, Scott Co. )
Dear Mr. Kraft:
The Minnesota Department of Transportation (Mn/DOT) has completed a
review of the above-referenced SAW. We anticipate that the proposed
project will cause little adverse impact to our transportation
facilities.
If you require additional information from Mn/DOT, please contact
Carl Hoffstedt, Transportation Analysis Engineer at our District
office in Golden Valley, phone number (612) 593-8540.
Sincerely,
in `�
Cheryl Heide, Environmental Coordinator
Environmental Services Section
An E4ual Opponuniry EmPlova
E-2 SFCWG6J5.41ff)
DEPARTMENT : Mn/DOT — Operations Division STATE OF MINNESOTA
Golden Valley — District 5 Office Memorandum
DATE : July 6, 1987
To : Leonard W. Levine
Commissioner
i
FROM : W.M. Crawford.'
District Engineer/
y, ,
PRONE : 593-8403
SUBJECT : Scott County Transportation Coalition
I am sending you copies of letters from the Scott County Transportation
Coalition endorsing highway improvements in the northern Scott County area.
I believe you have already received one of the attached letters from the
Coalition in support of three important projects to the area as follows:
1. T.H. 101 Shakopee Bypass
2. T.H. 169 Bridge Replacement
3. CSAH 18 Bloomington Ferry Bridge Replacement
I support the above projects in the order stated and the trunk highway projects
should be retained in Mn/DOT's work program for continued project development
and implementation as currently scheduled.
The coalition has been very active in pursuing funding for transportation and
specific projects in the area and I am sure they will continue to cooperate
with Mn/DOT in achieving mutual goals.
Attachments: (2) Scott County Transportation Coalition letters
cc: Mark Stromwell/Scott Co. Commissioner
D.H. Differt
R.D. Borsoa
L.F. McNamara
D.E. Durgin
S.T. Povich
C.S. Hoffstedt
Central File
File (2)
WMC:jj
(CJH)
EXHIBIT F
JUL 8 1987
Barton-Aschman Associates, Inc.
1610 South Sixth Street Minneapolis, Minnesota 55454 612-332-0421
ME140gANDUM TO: The Scottland Companies
FROM: Bart: n Asctman Associates, Inc.
DATE: July 8, 1987
SUBJECT' SPAIZ-MD TRAFFIC NASZhSEM= PIAN
As requested, Barton-Aschman has prepared a traffic management plan for the
Starwood Music Center to be located in the City of Shakopee. As you review
this plan, please be advised that actual field conditions may vary and
undoubtedly, adjustments will be necessary or advisable as the Starwood
Music Center becomes more established and fans as well as staff become more
aware of the roadway network and site operations.
our analysis was based on the assumption that during a peak year of
operation, a total of 51 events will be held. The expected attendance will
be as follow: :
Project Events
Expected Number of Total
Attendance Annual Events Attendance
17,000 5 85,000
9,000 8 72,000
7,000 11 77,000
5,000 _ 7 35,000
3,500 20 70,000
TOTAL 51 339,000
Except for the five largest events (17,000 attendance), minimal congestion
will occur. For those 46 events, traffic control personnel may be required
during a terirg and exiting haus at the intersection of County Road 83 and
Twelfth Aveme. The only other assistance required will be directly related
to the site. The remainder of this memorandum deals with those five major
annual events which are anticipated to attract an audience of 17,000 people.
When there is a major audience of 17,000, peak hour arrivals will occur
between 7:30 and 8:30 P.M. off-duty patrolmen may be required at the
intersection of CR 18 and TM 101 if the inbound Starwood traffic encounters
the tail end of Canterbury Downs exiting traffic Otherwise, traffic will
not pose a serious problem to the regional roadway network.
O
Barton-Aschman Associates, Inc.
July 8, 1987
Page 2
patrolmen will be required at the CR 83 inte-.+ecticn with Twelfth Avenue for
a major performance. Traffic control personnel will also be required to
direct traffic into the facilities at the fair entrances (two off of Valley.
Park Drive and two off of Twelfth Avenue). As traffic enters the site,
sufficient storage distance (a minimum of 600 feet for a major audience) has
to be provided to prevent backup onto Twelfth Aver or Valley Park Drive.
To assist with dispersions of any potential backup problems, additional
parking lot ticket salespersons (i.e. seanit;" personnel) will be activated
to ower surges for incoming attendees.
Additional steps to be considered to assist with handling of inbound
attendees will include:
o Parking tickets will be presold to group ticket buyers, box seat
holders, star card holders, etc.
o The use of parking coupon books will be investigated for frequent
repeat attendees.
o Buses arriving at the site will be allowed free parking.
Figure 1, attached, indicates measures to be employed for controlling in-
bound traffic at the site. Items to be used will include temporary barriers
similar to those currently being used at Canterbury to assure sufficient
storage for arriving traffic, traffic control personnel at all gates, and
on-site personnel as needed to direct parkers to their respective parking
spots.
Exiting traffic will require traffic control personnel at all exits from the
site. Th�- rx,*th exit to Valley Industrial BOulevaxd South will be opened if
needed to assist with exiting traffic However, traffic exiting from this
northern exit will be required to turn west at Valley industrial Boulevard
South.
As indicated in Figure 2, cones will be used to delineate traffic lanes
during peak events. In addition, signs will be provided as traffic
approaches CR 83 indicating that left lane traffic must turn left and right
lane traffic must turn riot. Traffic control personnel will be provided as
needed at the following intersections:
o CR 83 and Twelfth Avenue
o CR 83 aril TH 101
o Valley Park Drive and TH 101
0 CR 18 and TH.101
Barton-Aschman Associates, Inc.
July 8, 1987 ,
Page 3
It is anticipated that the parking lot will be clearer] within one hour after
a peak weekend event However, should congestion occur it is the intention
of Starwood operators to meter traffic out of the site so as to alleviate
any congestion on regional roadways.
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EXHIBIT G
RESOLUTION
SHAKOPEE INDUSTRIAL COMMERCE COMMISSION
WHEREAS, the Shakopee Industrial Commerce Commission does
encourage and support the development of commercial,
industrial and recreational industries in the Shakopee area;
WHEREAS, the Shakopee Industrial Commerce Commission
recognizes the emergence of tourism as a growth industry for
the City of Shakopee;
WHEREAS, the proposed Starwood Music Center will enhance the
community and create additional tax base and employment
opportunities for the City and citizens of Shakopee.
NOW THEREFORE BE IT RESOLVED, the Shakopee Industrial
Commerce Commission does hereby support and endorse the
proposed Starwood Music Center.
Dated this Z-L- day of July, 1987
by
im Keane
its Chair
by
Al Furrie
its Vice Chair
etr . EXHIBIT H
"` City of Shakopee
POLICE DEPARTMENT
�r
476 South Comm Street -
"j SBAKOPEE, MDiNESOTA 55379
Tel. 445-6666
July 9, 1987
Mr. Jeffrey Siegel
Project Manager
Starwood Music Center
1244 Canterbury Road
Shakopee, MN 55379
Dear Mr. Siegel:
I have reviewed the Production and Security Manual, and as you
know consulted with Starwood Management regarding security
procedures at the proposed facility. I believe a safe
environment will be provided for those persons attending the
various events. You can be assured that all local ordinances and
State laws will be strictly enforced on-site and within the City
of Shakopee.
As we discussed, officers from several jurisdictions are employed
by the various entertainment centers to provide traffic control
and security duties, so that manpower resources are not solely
the responsibility of the Shakopee Police Department.
I will not permit a lesser number of officers to be employed by
the facilities than I feel are required to maintain a safe
environment for a specific event.
I appreciate Starwood managements willingness to respond to our
mutual security concerns and assurance that a cooperative spirit
will prevail in the future should the Center become a reality.
Sincerely,
Thomas Brownell
Chief of Police
TB:cah
r7u cSc:ce �e Jn-:otcct
lTHE EXHIBIT I
VSCOTT LAND
COMPANIES
June 18, 1997
Chairwoman Jane Van Maldeghem and
Members of the Planning Commission
City of Shakopee
129 E. First Avenue
Shakopee, MN 55379
RE: Starwood Music Center
Dear Chairwoman Van Maldeghem and
Planning Commission Members:
Based upon the Planning Commission's desire to further
understand how an outdoor music center works in relationship
to various commercial and industrial developments within
Canterbury Park, we reviewed several outdoor music centers
and found that many of them were in or near to comparable
industrial, office and commercial development.
Fiddler' s Green, Inglewood, Colorado: Fiddler' s Green
was built to be part of the Greenwood Plaza Business
Park. It was developed to be an amenity of the
business park by the park developer. It has been an
attraction to bring interest to the business park to
help further the future development of that property.
There is a multi-family residential development 1, 000
feet from Fiddler's Green. Light industrial is within
one-half mile. It was County Property Zoned-planned
unit development and developed as part of the park.
Poplar Creek, Hoffman Estates, Illinois: The property
for this outdoor theatre was planned to be a business
district by the County, rezoned to 0-2
(office/Research) . Although they have not seen a
significant amount of industrial development under
current market conditions, there is some 67 acres of
industrial development near the music center.
Southern Star Amphitheatre, Houston, Texas: Houston
has no zoning. The property that Southern Star
occupies is surrounded by a combination of other
recreational developments such as an amusement park and
a sports stadium, also industrial use, commercial use
such as auto dealerships, and some open land. There is
a small residential area approximately one mile away.
P.O. Box 509 1244 Canterbury Road Shakopee, Minnesota 55379 (6123445-3242
city of Shakopee
June 18, 1987
Page 2
Starwood Amphitheatre, Antioch, Tennessee: The
property was originally zoned agricultural, with a
long-term plan that would eventually be developed as
commercial. It is on the fringe of what they refer to
as a transport/warehouse development area.
Shoreline Amphitheatre, Mountainview, California:
Shoreline Amphitheatre was built on two parcels of
land; one of which was zoned residential surrounded by
a major park, the other was unzoned being a former
landfill. Other uses in the vicinity are approximately
30% business uses within a half mile.
Merriweather Post Pavilion, Columbia, Maryland: This
was developed under a concept called New Town Zoning,
one of the HUD new towns developed in the 1970's. It
consisted of phased plans and the Merriweather Post
Pavilion was built near the center of the community as
a cultural showpiece for Columbia. Nearby uses are
commercial and residential. The nearest industrial is
two to three miles from the music center.
Mud Island Amphitheatre, Memphis, Tennessee: The
property is actually a city-owned facility/park. The
land was created and acquired by the City through
siltation of the Mississippi River. The land was
unused with the exception of a small airport and an
industrial plant on the north end. The zoning was part
agricultural/industrial. The park was built on the
agricultural property and a portion of the site has
been rezoned PUD residential/office mixed use.
other outdoor music centers such as the Saratoga
Performing Arts Center., the Blossom Music Center,
Ravinia, and the Garden State Center for the Arts are
located in or adjacent to public parks and typically
have industrial use in the vicinity of one to four
miles of the project.
In the Twin Cities, the Met Center and the former Twins
and Vikings old stadium in Bloomington were developed
in an office, commercial, recreational and light
industrial park.
The Metrodome in downtown Minneapolis is located in an
area developed for office, commercial and industrial
uses.
City of Shakopee
June 18, 1987
Page 3
The St. Pau} Civic Center has industrial uses nearby.
valleyfair developed across the street from heavy
industrial uses and is adjacent to grain terminals.
The State Fairgrounds are adjacent to industrial,
commercial and residential uses.
The Racetrack was built in the middle of an industrial,
commercial and recreational park.
If you look at the stadiums across the country, you
will find many of them to be similarly situated.
We hope that this information is helpful to your overview of
how the Starwood .Music Center does fit and compliment the
industrial park.
Very truly yours,
THE SCOTTLAND COMPANIES
�- �). ��
Bruce D. Malkerson
Executive Vice Presiden
rey Sie el
Project Manager `J
BDM:ap
C.C. Shakopee city Council
John Anderson
Dennis Kraft
Doug Wise
Ken Ashfeld
I. Zoning
The City has previously determined that minor and major
recreational facilities are a conditional and permitted use
for property zoned industrial. That determination made
sense before, now and in the future for many reasons
discussed hereinafter. In reliance upon that prior
determination, the music facility has been planned, the
property was sold to the developer (Scottland and PACE) by
Valley Industrial Development Company (a partnership of The
Scottland Companies and North American Life and Casualty
Company) , the company that previously owned it.
2 . utilities
a) Sewer
The Music Center will operate on average 51 days
each year and will discharge 1, 695, 000 gallons of sewer
each year. If the 86 acres were developed for a
typical industrial use which is wet, the discharge
could beat least 1, 000 gallons per acres per day
(g.p.d. ) x 365 x 86 acres = 3, 139, 000 gallons per year.
Thus there is a savings of 1,444 , 000 gallons to be used
elsewhere for wetter industrial or other uses. A wet
industrial use could discharge up to 2 , 000 g.p.d. and
would likely be prohibited in the Park since the City' s
guidelines suggest a 1, 000 g.p.d. discharge. However,
by having less wet industries develop such as the Music
Center, there is the possibility that someday a wetter
use would be allowed. This situation has proven to be
true in regard to the racetrack.
b) Water
Similarly, the Music Center will use far less
water than a wet use.
3 . Roads
The road system is already in place. No additional
road improvements are required to accommodate this use. The
Music Center would enable the payment of a major portion of
the deferred special assessments for those roads. The roads
would be used only 51 times each year, and then in the
evening hours when there is minimal or no traffic in the
industrial park now, or in the future. Few industries
create truck traffic in those evening hours. If this 86
acres were developed for industrial uses, it would add
traffic during the morning and afternoon rush hours and much
of that traffic would be trucks which have a much greater
adverse impact on City roads. In addition, a statewide
facility such as Starwood in Shakopee would lend
Page 2
support to the need to ensure better roads in the future for
this area, for the benefit of everyone in the State visiting
the facility.
4 . Taxes
The project will cost $6 to $7 million to build and
could contribute up to $300, 000 each year in taxes which is
equivalent to the taxes from 150 to'200 homes. This tax
base would be added without creating additional demand on
the school system. At such a tax level, the Music Center
would be one of the highest paying uses in the Park. (The
racetrack is by far the highest taxpayer over all other
uses. )_
The Music Center would also be subject to a $.25 per
patron admission tax ($100, 000 per year approximately) which
would be used for the Highway 18 Bridge. This tax would be
unique to this type of industry and would promote not only
industrial development in the Park, but also commercial and
residential development in the entire City.
5. There is Ample Land Available for Future Industrial
Development.
It is estimated that to date approximately 1, 025 acres
of Canterbury Park has been developed for commercial,
recreational and industrial uses.. There remains in excess
of 1,000 acres still owned by VIDCO (a partnership of The
Scottland Companies and North American Life and Casualty
Company) . In addition to this land are hundreds of acres
more of vacant industrial property in and adjacent to
Canterbury Park owned by, among others, the Koskovich' s,
Standard Development Company, Kawasaki, Shiely Company.
(See attached map. )
on the eastern edge of the City is an additional 530
vacant acres owned by Wickes and is zoned industrial.
In the past five years, in Canterbury Park, few new
traditional industrial uses have been developed because of
several reasons:
a) There are numerous other industrial parks with
vacant land.
b) Because of fiscal disparities, the real estate
taxes are very high in Shakopee.
Page 3
C) The tax reform act has eliminated the incentives
for businesses to build and own buildings.
d) The Twin City area has not developed as a
manufacturing/industrial area.
e) Labor rates are too high in the Twin City area for
many industrial uses.
Even if you assume higher absorption rates than the
City has ever experienced, at 20 acres per year, the City
has at least 40 years of industrial zoned land available in
Canterbury Park; at 40 acres per year, the City has at least
20 years of land available in Canterbury Park. In addition
there is approximately another 1, 200 acres of vacant
industrial property owned by others which could extend the
supply for another 20 to 40 years.
Additionally, when you look at a zoning map of the
City, one sees in fact several different industrial park
areas, all of which can and will develop separate from each
_ other. Each of the following industrial areas are
distinctly different from the other areas because of road
access, present uses, etc. :
a) Area west of County Road 83.
b) Area east of County Road 83 and north of the
Bypass.
C) Area south of the Bypass and east of County Road
83.
d) Area south/west of the Bypass and intersection of
county Road 89 (Wickes property) .
e) Area north/west of the Bypass and intersection of
County Road 89.
Normally, industrial parks are sized from 20 to 60
acres. Rarely are there parks larger. In this case, each
of the above areas represent 300 to 400 acres. Even within
each future park, there will be sub-areas in each area.
Again, if you look at stadiums and other recreational
facilities across the country, you will frequently find them
located in, adjacent or near to such apark or areas within
the park.
Page 4
6. Other Potential Benefits to the Park from Starwood
a) Name Recognition
Without doubt, the racetrack (like valleyfair) has
attracted and will attract millions of potential buyers
of land to the area for the first time. Starwood will
do likewise.
b) Joint Use of Parking Lot.
At some future time, it may be possible to attract
industrial users who could use the Starwood parking lot
during the day all year, when it will not be used by
Starwood, thus saving millions of dollars of future
expense, thus attracting industrial users that
otherwise could not afford to develop here.
C) Open Space
Starwood will be hidden behind trees from the rest
of the Park development so it will not appear to be
part of the Park. It will provide needed open space
years from now when the rest of the Park is developed
around it.
d) Spin Off Development -
Without doubt, the racetrack, Murphy's Landing
and Valleyfair have had a tremendous beneficial impact
on the retail service businesses throughout the City,
thus increasing jobs and tax base. Starwood will do
likewise.
A major industrial park needs commercial
facilities such as restaurants and hotels to attract
industrial users to the area and provide services to
them. Starwood will promote the commercial growth and
stability and thus industrial development.
e) Employment
Starwood will employ up to 300 people seasonally.
Approximately 41% of the racetrack's employees live in
Scott County (410) and 25% live in Shakopee (246) .
Employment at Starwood should be similar resulting in
123 jobs in Scott County, and 75 jobs in the City of
Shakopee. Although most of these jobs are seasonal,
they provide needed jobs for the unemployed and
underemployed young adults and adults in the area. In
Page 5
addition, jobs are created in the spin-off retail
businesses.
7. It is not Unique to Find Recreational Uses in and
Adiacent to a Commercial/Industrial Park.
For the reasons noted herein, # is not unique to find
recreational uses in and adjacent to a commercial/industrial
park. This Park has always been planned and zoned for such
uses.
In the Twin Cities, the Met Center and the former Twins
and Vikings old stadium in Bloomington were developed in an
office, commercial, recreational and light industrial park.
The Metrodome in downtown Minneapolis is located in an
area developed for office, commercial and industrial uses.
The St. Paul Civic Center has industrial uses nearby.
j Valleyfair developed across the street from heavy
industrial uses and is adjacent to grain terminals.
The State Fairgrounds are adjacent to industrial,
commercial and residential uses.
The Racetrack was built in the middle of an industrial,
commercial and recreational park.
If you look at stadiums across the country, you will
find many of them to be similarly situated.
S. Conclusion
Finally, the developers of Canterbury Park (VIDCO, a
partnership of The Scottland Companies and North American
Life and Casualty Company) still have 900 acres of
commercial (140 acres) and industrial (760 acres) in the
Park to develop and would never introduce a use into the
Park which would adversely affect that future development.
They have reviewed that conclusion that Starwood would be
beneficial to the Park with industrial brokers and planners
who concur with that analysis. They believe that Starwood
would be a desirable tenant for the Park and would help
develop this Park into a more successful park in the future.
A PPE wD(,Y A
1. Zoninq
The City has previously determined that minor and major
recreational facilities are a conditional and permitted use
for property zoned industrial. That determination made
sense before, now and in the future for many reasons
discussed hereinafter. In reliance upon that prior
determination, the music facility has been planned, the
property was sold to the developer (Scotland and PACE) by
Valley Industrial Development Company (a partnership of The
Scottland Companies and North Amerigen Life and Casualty
Company) , the company that previously owned it.
2. Utilities
a) Sewer
The Music Center will operate on average 51 days
each year and will discharge 1, 695, 000 gallons of sewer
each year. If the 86 acres were developed for a
typical industrial use which is wet, the discharge
could be at least 1, 000 gallons per acres per day
(g.p.d. ) x 365 x 86 acres = 3,139, 000 gallons per year.
Thus there is a savings Of 1,444 , 000 gallons to be used
elsewhere for wetter industrial or other uses. A wet
industrial use could discharge up to 2, 000 g.p.d. and
would likely be prohibited in the Park since the Citv's
guidelines suggest a 1, 000 g.p.d. discharge. However,
by having less wet industries develop such as the Music
Center, there is the possibility that someday a wetter
use would be allowed. This situation has proven to be
true in regard to the racetrack.
b) water
Similarly, the Music Center will use far less
water than a wet use.
3 . Roads
The road system is already in place. No additional
road improvements are required to accommodate this use. The
Music center would enable the payment of a major portion of
the deferred special assessments for those roads. The roads
would be used only 51 times each year, and then in the
evening hours when there is minimal or no traffic in the
industrial park now, or in the future. Few industries
create truck traf`_ic in those evening hours. If this 86
acres were developed for industrial uses, it would add
traffic during the morning and afternoon rush hours and much
Of that traffic would be trucks which have a much greater
adverse impact on City roads. In addition, a statewide
facility such as Starwood in Shakopee would lend
Page 2
support to the need to ensure better roads in the future for
this area, for the benefit of everyone in the State visiting
the facility.
S . Taxes
The project will cost $6 to $7 million to build and
could contribute up to $300, 000 each year in taxes which is
equivalent to the taxes from 150 to 200 homes. This tax
base would be added without creating additional demand on
the school system. At such a tax level, the Music Center
would be one of the highest paying uses in the Park. (The
racetrack is by far the highest taxpayer over all other
uses. )
The Music Center would also be subject to a $. 25 per
patron admission tax ($100, 000 per year approximately) which
would be used for the Highway IS Bridge. This tax would be
unique to this type of industry and would promote not only
industrial development in the Park, but also commercial and
residential development in the entire City.
5. There is Ample Land Available for Fu*u a Industrial
Development.
It is estimated that to date approximately 1, 025 acres
of Canterbury Park has been developed for commercial,
recreationalandindustrial uses. There remains in excess
Of 1,000 acres still owned by VIDCO (a partnership of The
Scottland Companies and North American Life and Casualty
Company) . In addition to this land are hundreds of acres
more of vacant industrial property in and adjacent to
Canterbury Park owned by, among others, the Koskovich ' s,
Standard Development Company, Kawasaki, Shiely Company.
(See attached man. )
On the eastern edge of the City is an additional 530
vacant acres owned by Wickes and is zoned industrial.
In the past five years, in Canterbury Park, few new
traditional industrial uses have been developed because of
several reasons:
a) There are numerous other industrial parks with
vacant land.
b) Because of fiscal disparities, the real estate
taxes are very high in Shakopee.
l
Page 3
C) The tax reform act has eliminated the incentives
for businesses to build and own buildings.
d) The Twin City area has notdevelopedas a
manufacturing/industrial area.
e) Labor rates are too high in the Twin City area for
many industrial uses.
Even if you assume higher absorption rates than the
City has ever experienced, at 20 acres per year, the City
has at least 40 years of industrial zoned land available in
Canterbury Park; at 40 acres per year, the City has at least
20 years of land available in Canterbury Park. In addition
there is approximately another 1,200 acres of vacant
industrial property owned by others which could extend the
supply for another 20 to 40 years.
Additionally, when you look at a zoning map of the
City, one sees in fact several different industrial park
areas, all of which can and will develop separate from each
other. Each of the following industrial areas are
distinctly different from the other areas because of road
access, present uses, etc. :
a) Area west of County Road 83 .
b) Area east of County Road 83 and north of the
Bypass.
C) Area south of the Bypass and east of County Road
83 .
d) Area south/west of the Bypass and intersection of
County Road 89 (Wickes property) .
e) Area north/west of the Bypass and intersection of
County Road 89.
Normally, industrial parks are sized from 20 to 60
acres. Rarely are there parks larger. in this case, each
of the above areas represent 300 to 400 acres. Even within
each future park, there will be sub-areas in each area.
Again if you look at stadiums and other recreational
facilities across the country, you will frequently find them
located in, adjacent or near to such a nark or areas within
the nark.
1
Page 4
6. Other Potential Benefits to the Park from Starwood
a) Name Recognition
Without doubt, the racetrack (like Valleyfair) has
attracted and will attract millions of potential buyers
of land to the area for the first time. Starwood will
do likewise. ,
b) Joint Use of Parkina Lot.
At some future time, it may be possible to attract
industrial users who could use the Starwood parking lot
during the day all year, when it will not be used by
Starwood, thus saving millions of dollars of future
expense, thus attracting industrial users that
otherwise could not afford to develop here.
c) Oben Space
Starwood will be hidden behind trees from the rest
} of the Park development so it will not appear to be
part of the Park. It will provide needed open space
years from now when the rest of the Park is developed
around it.
d) Snin Off Development
Without doubt, the racetrack, Murphy's Landing
and Valleyfair have had a tremendous beneficial impact
on the retail service businesses throughout the City,
thus increasing jobs and tax base. Starwood will do
likewise.
A major industrial park needs commercial
facilities such as restaurants and hotels to attract
industrial users to the area and provide services to
them. Starwood will promote the commercial growth and
stability and thus industrial development.
e) Emplovmen`
Starwood will employ up to 300 people seasonally.
Approximately 41% of the racetrack's employees live in
Scott County (410) and 25% live in Shakopee (246) .
Employment at Starwood should be similar resulting in
123 jobs in Scott County, and 75 jobs in the City of
Shakopee. Although most of these jobs are seasonal,
they provide needed jobs for the unemployed and
underemployed young adults and adults in the area. In
Page 5
addition, jobs are created in the spin-off retail
businesses.
7. It is not Unicue to Find Recreational Uses in and
Adiacent to a Commercial/Industrial Park.
For the reasons noted 'herein, it is not unique to find
recreational uses in and adjacent to,a commercial/industrial
park. This Park has always been planned and zoned for such
uses.
in the- Twin Cities, the Met Center and the former Twins
and Vikings old stadium in Bloomington were developed in an
office, commercial, recreational and light industrial park.
The Metrodome in downtown Minneapolis is located in an
area developed for office, commercial and industrial uses.
The St. Paul Civic Center has industrial uses nearby.
Valleyfair developed across the street from heavy
industrial uses and is adjacent to grain terminals.
The State Fairgrounds are adjacent to industrial,
commercial and residential uses.
The Racetrack wasbuilt in the middle of an industrial,
commercial and recreational park.
If you look at stadiums across the country, you will
find many of them to be similarly situated.
a. Conclusion
Finally, the developers of Canterbury Park (VIDCO, a
partnership of The Scottland Companies and North American
Life and Casualty Company) still have 900 acres of
commercial (140 acres) and industrial (760 acres) in the
Park to develop and would never introduce muse into the
Park which would adversely affect that future development.
They have reviewed that conclusion that Starwood would be
beneficial to the Park with industrial brokers .and planners
who concur with that analysis. They believe that Starwood
would be a desirable tenant for the Park and would help
develop this Park into a more successful park in the future.
oma, ..{
_ 1
it
i' b -Pu 1
1 �
'
lTHE
SCOTTLAND
COMPANIES
June 18 , 1987
Mr. Paul Sieber
County Planner
Arapahoe County
334 South Price
Littleton, Colorado 80120
Dear Mr. Sieber:
I appreciated the opportunity to hear about the 18, 000 seat Fiddler's
Green outdoor amphitheatre located in the Greenwood Plaza Business
Park in Arapahoe County.
My understanding is that the Greenwood Plaza Business Park is a
planned unit development including office, commercial, and
residential. Additionally, you have some industrial property one-half
,mile away.
It was particularly interesting to hear about the County's experience
with the development of Fiddler's Green. You expressed that you have _
residents approximately 1, 000 feet from the site and that they raised
concern with the potential for sound and traffic problems during
discussion of the development proposal. It was reassuring to hear
that now having three years of operation of the facility you have
never had a complaint filed.
As I explained to you, we are working on a proposal for an outdoor
music center of 17, 000 seats to be built in a planned, mixed use
business park in Shakopee, Minnesota. In our research, we have
discovered that many outdoor music centers have been built with
proximity to adjacent residential areas such as yours. We feel most
fortunate that our facility has many advantages due to its location in
our business park, one of which being that it is surrounded by
industrial, commercial, and road system use with no residential
properties adjacent. Therefore, we do not anticipate an impact
similar to those facilities which we studied that have residential
areas directly adjacent.
I very much appreciated the time you took to tell me about Fiddler' s
Green and would appreciate hearing any more information about the
County's experience with their acceptance of the project.
Sincerely,
Je rgel
Project Manager
JS:ap
P.O. Box 509 1244 Canterbury Road Shakopee, Minnesota 55379 [612)445-3242
EXHIBIT J
M E M O R A N D U M
TO: Dennis Kraft, Douglas Wise, City of Shakopee
FROM: Jeffrey Siegel
RE: Deer Creek Center - Indianapolis
DATE: July 21, 1987
Based upon questions raised at the June 18th public hearing
with reference to a proposed outdoor music center in the
Indianapolis suburb of Westfield (Deer Creek Center) we
contacted the developer to further understand the
circumstances of that facility.
Steve Sybesma, Vice-President of Sunshine Promotions, Inc. ,
expressed to me that the Westfield Planning Commission -
indicated that they would be unfavorable to a zoning change.
However the metro community did not reject the opportunity.
Sunshine Promotions has found a new site for the outdoor
music center in the middle of an industrial park and is
receiving tremendous support in the Indianapolis community.
The State of Indiana is building a $200 million, 250 acre
State Park which will be located in downtown Indianapolis
across the street from the Indiana Convention Center and the
Hoosier Dome (Sports Arena) . The site currently houses
industrial and small business. The park will include a new
zoo (64 acres) , sports practice fields, and the outdoor
amphitheater.
Therefore the statement that the community of Indianapolis
is opposed to an outdoor music center, as a generality, is
incorrect. The source of the original rejection had to do
with a request for rezoning and the producers have since
moved to an industrial area that is in the heart of the City
of Indianapolis.
JS:jhl
EXHIBIT K-t Minnesota
Becky Kelso - House of
District and Carver Counties
Scott
Representatives
Scott �
l:
Education
committeel �i^h Fretl C. Norton. SpeaMer
Health and Human Services,Vice Chair
Economic Development and Housing
Business Finance Subcommittee,
Vice Chair
Future and Technology
Long Term Health Care Commission
July 13, 1987
Jeffrey Segal
Starwood Productions
Scottland companies
1244 Canterbury Rd.
Shakopee, MN 55379
Dear Mr. Segal,
In response to your question regarding the effect of the proposed
Starwood amphitheater on our community's tax base, it is my
belief that it will make a very substantial contribution.
Although it is not possible for me to have exact figures at
this time, it is my understanding that the proposed project
will pay approximately $300,000 a year in local property taxes.
In a community our size that is definately a significant figure.
Because the theater will undoubtedly sell more than ten thousand
admission tickets a day it will also be required to pay a 250
per ticket admissions tax. The theater's projected contribution
to this particular fund will be approximately $100,000 a year.
The Scott county admissions tax will be used only for the construction
of the Bloomington Perry Bridge and will sunset after the bridge
is completed.
The addition of the Starwood theater to the list of attractions
to which this tax will apply will obviously hasten the greatly
needed road improvements and will offset the local property
tax burden for the construction of the bridge.
I look forward to the day when the Scott county admissions
tax will no longer be in effect, but in the meantime this tax
revenue will assure the local match for the federal dollars
needed to finance this project.
Reply to: ❑ 329 state 011ie Building,St.Paul,Minnesota 55155 Office:(612)2961072
71 151 S.Shannon Drive.Shakopee,Minnesota 55379 Home;(612)4456656
Page 2
The patrons of the Starwood amphitheater will clearly add to
the community' s ability to finance local improvement projects
and the fact that tax increment financing is not a part of
this particular development the revenues will be realized immediately.
I hope I have sufficiently answered your question. If not,
please don' t hesitate to call again.
Sincerely,
tom—
Becky Kelso
State Representative
BK/ph
I
K-2
July 21 , 1987
Chairwoman Jane Van Maldeghem
Shakopee Planning Commission
City of Shakopee
129 East First Avenue
Shakopee, MN 55379
Dear Chairwoman Van Maldeghem:
I am writing to express my wholehearted support of the Starwood Music
Center!
The Scottland Companies, developer of this project, have made various
pertinent documents available for the perusal of interested parties. These
materials address all of the major items of concern surrounding Starwood.
Following a careful review, I'm thoroughly convinced that the concept of
the Starwood Music Center is an expertly organized and researched
undertaking well-deserving of our total support.
Were 1 to begin listing the countless reasons favoring Starwood. I would
only be reiterating already well-known facts. For fear of being redundant,
let it suffice to say that our only criticism should be that it didn't happen
sooner!
The Starwood Music Center is an exciting opportunity whose time has come.
Give our community something to take pride in.
Please support the Starwood Music Center!
Sincerely,
Peggy A. Kohl
714 South Holmes Street
Shakopee, MN 55379
cc: Jeffrey Siegel, The Scottland Companies
K-3 Letter to Editor July 22 , 1987
Well , here we go again. When ValleyFair was coming to town reports
were that all that trash that used to hang around the Excelsior 'fS
park would come to Shakopee. There is no way any resident of
Shakopee could be prouder of ValleyFair. My granddaughter, who
is now thirteen, has for the last three year, gone to ValleyFair
at 10:00 a.m. and stayed with her friends until 8:00 or 10:00 p.m.
without concern on the part of her parents. c• 8�
Then came the Renaissance Festival . Yes, those people are all
on drugs was the report. Have you been there? Who goes there?
Respectable people from Iowa, North and South Dakota, Wisconsin
and Canada. I 'm sorry I did not get a lot of flack on the Bingo
Palace. Of course, that wasn't coming into Shakopee. Then the
Race Track. Yes, all the big gamtlers will move in and the Mafia
and such. Crime will increase and the people who attend we don't
want in Shakopee. I guess the crime rate is up and the track gets
the blame. It's up all over the state. Let's blame the Dome in
Minneapolis, the Zoo and a few other respectable places for part
of it. It makes just about as much sense.
Yes, here we go again! Starwood Amphitheater. We're going- to
have thousands of drug pushers and users at the concerts. All
this rock trash will be here. I 'm sure that many Rock Concerts
have been put on throughout the U.S. in the amphitheater' that have
never attracted any publicity but one does and this is what some
of our local residents pick up to try to eliminate Starwood from
Shakopee. This edifice is so far out of the Shakopee residential
area that I can't see what the big complaint is.
Friends, I love music and I just don't like going into Minneapolis
at night to go to concerts. Because of this amphitheater and the
seating capacity it will have, many, many high class entertaining
groups and national stars will be presenting concerts that you
and I will love. The traffic problem, if any, will all be cleared
up in the future. -
The permit that the city council will be issuing them will be a
conditional use permit so the council can control who does come
to the theater.
I have lived in Shakopee for thirty six years. Many times different
undesirable businesses have moved in but they have been moved out
by the City because of the nature of the business. I do have
confidence that this Starwood will be controlled.
Of course, there are those who want Shakopee to be a small , relaxing,
country town. Folks, it's just too late for that and I trust I
have been one of the driving forces that has helped change it.
When I arrived in town it was a community of beer parlors. Shakopee
must be doing things right to have all these good things happen.
Dr. W. Adair Muralt
yP� The K-a
�"' Minnesota
Minnesota Orchestral
OfCheStra Association Mu DrWW
1111 Nicollet Mall Minneapolis,MN 55403 Phone:(612)3715600 Catbe:MINNORCH Telex.29-0233
July 20, 1987 _
Mr. Jeffrey Seigel
The Scotland Company
P.O. Box 509
Shakopee, MN 55379
Dear Jeffrey:
Congratulations to you, Starwood Music Center, and Canterbury Downs, for a suc-
cessful concert at the track. For many people, a Symphony for the Cities con-
cert is their introduction to the Minnesota Orchestra. Now that they've met,
let's bring them back together next summer at Starwood.
As I mentioned at the concert, we enjoyed the media campaign. I have written
Pat Dawson in that regard. Thank you for your help and advance work to insure
that the concert was a success.
Thanks again for your generous support and help. Here's to next summer!
Sincerely,
Julie Haight
Marketing Assistant
JH:dw
Mmneaaolis SymmmW0rtl esFa Foumeb 1903
Mum Direme, Emd ObeTotler 190.31922 Henri Verbrugbhen 19231931 Eugene Ormancy 1931-1936
Dimon Mkopo 19314949-Antal Doren19x94950 Staruma sxr waceesk,1956198 Su Neville Marone,19]91988
George H.Dixon Richard M.Cisek David M.Watt
Chanmanm Pennoem vice PresiOem
Ile eoa,d and Gene,al Manaoer
1ot`� �i11116 - -
915C CENTPAL AVENI E N E_SLn-NE.M-NNE6OTA 55a3..1611198a.6700
Jc!y 27, 1987
AIL z 198)_:
Dear Resident:
On Tuesday, July 28, 1987, the City Of Blaine and Northstar
Financial Corporation will jointly announce the planned devel-
opment of a 15 million dollar Amphitheater on approximately 96
acres in Blaine, bordered by Lexington Avenue, 109th Avenue
and I-35W (reference map on back) .
To share information with residents in the area, the City and
developer will host a Public Information Meet ' Wednes-
day, July 29, 1987 at p m in the Centennial High School
cafeteria
You are cordially invited to attend and hear a presentation on
the project and public improvements which will accompany the
development, including a widening of the Lexington Avenue
bridge over 35W and signalization of the expanded ramp inter-
sections.
The proposed complex is designed to have little impact on the
vicinity and to be one of the most attractive Amphitheaters in
the country. The architect for the project was the principal
designer of the Minnesota Zoo. Together with the announced
soccer stadium complex, the Amphitheater will become a major
landmark in the Twin City area.
The presentation will address all facets of the project and is
being held to fully inform residents in the vicinity.
There will be a question and answer session following the
presentation.
Sincerely,
Richard John
City Manager
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THE
SCDTTLAND
COMPANIES
July 27, 1987
Chairwoman Jane Van Maldeghem
and Members of the Planning Commission
City of Shakopee
129 East First Avenue
Shakopee, Minnesota 55379
Dear Chairwoman Van Maldeghem
and Members of the Planning Commision
Please find attached some additional information with regard
to the Blossom Music Center for incorporation into your
Starwood Music Center file. Enclosed is the following:
a xerox of the front cover of the telephone book for
Cuyahoga Falls, et al with two of the three pictures
featuring activities at the Blossum Music Center. Also
attached is the same phone book cover for the adjacent
community of Canton.
a xerox copy of the cover of the "Homes Guide". This
is a free publication which is distributed with
listings of over 2,000 home for sale in Summit and
surrounding counties, Ohio. On the cover a picture of
the Blossom Music Center is featured.
a xerox of a section of a brochure from Akron and
Summit County which has the Blossom Music Center
illustrated in (in the lower right corner) along with
all the major attractions of the area.
a xerox of the cover of the Cleveland Visitors Guide
with a picture of the Blossom Music Center featured
along with other amenities of the greater Cleveland
area. (These are four color graphics therefore the
xeroxs are of poor quality. The original brochures
will be available for your review at the Public Hearing
on July 30th) .
we hope this information is helpful in your understanding of
the tremendous community pride that has been achieved by the
Blossum and other outdoor music centers in their respective
communities.
Sincerely,
Jeffrey Siegel
Project Manager
Starwood Music Center
JS:jhl
P.O. Box 509 1244 Canterbury Road Shakopee, Minnesota 55379 [612)445-3242
cc: Mayor and City Council
John Anderson
Dennis Kraft
Doug Wise
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Volume Vlll, Issue 34
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REPORT ON S TARWOOD
ENV=RONMENTAL ASSESSMENT WORKSHEET
Table of Contents
Page
Introduction. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .1
Background. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1
Findings of Fact. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1
Project Site and Description. . . . . . . . . . . . . . . . .1
Proposed Construction Timetable. . . . . . . . .2
Proposed Operating Season. . . . . . . . . . . . . . .2
Project Location. . . . . . . . . . . . . . . . . . . . . . . .2
Nature of Site Development. . . . . . . . . . . . . .2
Type, Extent and Reversibility of
Environmental Effects. . . . . . . . . . . . . .3
Topography, Soils and Geology. . . . . . . . . . .3
r Physical Effects on Waters. . . . . . . . . . . . . .3
Water Quality Effects: Waste Water, -
Storm Water and Erosion. . . . : . . . . . . .3
Air Quality and Noise. . . . . . . . . . . . . . .. . . .4
Solid and Hazardous Wastes. . . . . . . . . . . . . .6
Fish. Wildlife and Plants. . . . . . . . . . . . . . .6
Archaeological and Historical
Resources. . . . .. . . . . . . . . . . . . . . . . . . . .6
Parks and Recreation Resources. . . . . . . . . .6
OtherResources. . . . . . . . . . . . . . . . . . . . . . . . .6
Community Resources, Transportation
and Energy. . . . . . . . . . . . . . . . . . . . . . . . .7
Accumulative Potential Effects of Related or
Anticipated Future Projects. . . . . . . . . . . . . . . . . .8
Extent to which the Environmental Affects are
are subject to Mitigation by on—going
Public Regulatory Authority. . . . . . . . . . . . . . . . . .8
Conclusions. . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
Alternatives. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
Recommendation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .10
Action Requested. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .10
MEMO TO: John K. Anderson, City Administrator
FROM: Dennis R. Kraft, Community Development Director
RE : Report on Starwood Environmental Assessment Worksheet
DATE: July 23, 1987
Introduction•
The Scottland Companies and PACE Productions have proposed
the construction of an 86 acre facility known as the Starwood
Music Center . The magnitude of the project requires that an
Environmental Assessment Worksheet (EAW) be prepared for this
project in accordance with Minnesota Rules, part 4410.1500 B
(Environmental Rules Program) . The City of Shakopee has been
designated as the Responsible Governmental Unit (RGU) for this
EAW, and the City Council of Shakopee has the responsibility to
determine whether an Environmental Impact Statement (EIS) must be
prepared for this proposed project. In making this Determination
the City Council should consider the completeness and accuracy of
the information contained in the EAW. The City Council should
also consider any potential impacts of the project which may
warrant further investigation and/or the need for the preparation
of an EIS . The written comments received from various
governmental entities and individuals should also be considered
as a part of this process. A copy of the EAW and all comments
received in response to the distribution of this document are on
file in the office of the Director of Community Development and
may be reviewed if desired.
Background,
EAW REVIEW TIME TABLE
An Environmental Assessment Worksheet (EAW) for the Starwood
Music Center was prepared in June , 1987 • This EAW was
distributed to all governmental agencies as required by law and
was published in the Environmental Quality Board (EQB) Monitor on
June 15 , 1987 . The opportunity for comments on this EAW extended
from June 15, 1987 to July 15. 1987. Subsequent to the close of
the comment period, the Shakopee City Council, functioning as the
RGU for this project, must render a decision on whether an EIS -
needs to be prepared. This decision must be made not less than
10 days (July 25) nor more than 30 days (August 14) after the end
of the comment period.
FINDINGS OF FACT
I. Project Site and Description
A. Proposed Construction Timetable - If the project is
approved, construction start for the Starwood Music Center would
be in the Fall of 1987 and project completion is anticipated by
the Spring of 1988. At this time the center is proposed to open
in June of 1988.
B. Proposed Op ra ing Season - Performances at the Music
Center are scheduled to be for the Summer season and will - occur
over a 90 - 130 day period. It is anticipated that performances
will be scheduled on 51 occasions between May 15 and September
15 . The Music Center will accommodate many diverse styles of
music including classical, pop, country western, contemporary ,
religious, jazz and off-broadway musicals. The music center will
also be available for graduations, town meetings and theater
presentations.
C. Proiect Location - The project area is generally located
immediately West of Valley Park Drive and North of 12th Avenue in
the Canterbury Industrial Park in East Shakopee. The proposed
site is located approximately 2,000 feet South of U.S. Highway
101.
A more specific project location is that part of the
Northwest 1/4 of Section 10, Township 115, Range 22, lying North
of 12th Avenue , South of Valley Park 6th Addition and West of
Valley Park Drive, except theEast530 feet of the South 1,200
feet thereof ;. and that part of the Northeast 1/4 of Section 9,
Township 115, Range 22. lying North of 12th Avenue , South of
Valley Park 2nd Addition, South of Valley Park 6th Addition and
East of Valley Park 3rd Addition in the County of Scott, State of
Minnesota.
The proposed site is designated as an urban service area in
the Metropolitan Council ' s Metropolitan Development and
Investment Framework Chapter of the Metropolitan Development
Guide, as amended.
D . Nature of Site Development ( Seating and Parking
Capacity ) - Site development for the project will primarily
involve construction of an outdoor amphitheater and parking
,,. facilities to accommodate a maximum attendance of 17 ,000 persons
and 6 , 679 vehicles. The music center will consist of a stage
(facing north toward the Minnesota River) with covered seating
for 50000 persons and a grass-covered earth berm for the
remaining 12,000 attendees. The earth berm will be approximately
38 feet high and semi-circular in shape. The top of the berm
will be approximately 360 feet from the stage and will span an
arch of approximately 130 degrees. Support facilities for the
music center area will include service drives , truck and bus
parking lots, loading docks, reserved parking for performers and
employees, rest rooms and outdoor concession facilities.
2
A. Proposed Construction Tim able - If the project is
approved, construction start for the Starwood Music Center would
be in the Fall of 1987 and project completion is anticipated by
the Spring of 1988 . At this time the center is proposed to open
in June of 1988 .
B. Proposed Operating Season - Performances at the Music
Center are scheduled to be for the Summer season and will occur
over a 90 - 130 day period. It is anticipated that performances
will be scheduled on 51 occasions between May 15 and September
15 . The Music Center will accommodate many diverse styles of
music including classical, pop, country western, contemporary ,
religious, jazz and off-broadway musicals. The music center will
also be available for graduations, town meetings and theater
presentations.
C. Proiect Location - The project area is generally located
immediately West of Valley Park Drive and North of 12th Avenue in
the Canterbury Industrial Park in East Shakopee. The proposed
site is located approximately 2,000 feet South of U.S. Highway
101 .
A more specific project location is that part -of the
Northwest 1/4 of Section 10 , Township 115 , Range 22, lying North
of 12th Avenue , South of Valley Park 6th Addition and West of
Valley Park Drive, except the East 530 feet of the South 1 ,200
feet thereof ; and that part of the Northeast 1/4 of Section 9 ,
Township 115, Range 22. lying North of 12th Avenue, South of
Valley Park 2nd Addition, South of Valley Park 6th Addition and
East of Valley Park 3rd Addition in the County of Scott, State of
Minnesota.
The proposed site is designated as an urban service area in
the Metropolitan Council ' s Metropolitan Development and
Investment Framework Chapter of the Metropolitan Development
Guide , as amended.
D . Nature of Site Development ( Seating and Parking
Capacity ) - Site development for the project will primarily
involve construction of an outdoor amphitheater and parking
facilities to accommodate a maximum attendance of 17 ,000 persons
and 6 , 679 vehicles. The music center will consist of a stage
(facing north toward the Minnesota River) with covered seating
for 5 , 000 persons and a grass-covered earth berm for the
remaining 12,000 attendees. The earth berm will be approximately
38 feet high and semi-circular in shape. The top of the berm
will be approximately 360 feet from the stage and will span an
arch of approximately 130 degrees. Support facilities for the
music center area will include service drives , truck and bus
parking lots, loading docks, reserved parking for performers and
employees, rest rooms and outdoor concession facilities.
2
II. TYPE, EXTENT .AND REVERSIBILITY. OF ENVIRONMENTAL EFFECTS
A. Topography . Soils and Geology
T000eraphv - The site is essentially flat, with a slight
slope.
Soils - The predominate existing soils on the site are
predominately loams and fine sands. With few limitations all
ofthese soils are suitable for development. The predominant soil
types in this area, as classified by the Soil Conservation
Service, are Dakota sandy loam, Dopes silt loam and Hubbard fine
sand. The soils tend to be sandy and Hubbard soils are subject
to wind erosion if not protected by vegetation. The Dakota soil
is a dark sandy soil which is well to excessively well drained.
The Dopes soils are also well drained, dark, sandy soils. All
the soils provide fair to good suitability for building
foundations and road pavement base.
Geology - The minimum depth to ground water on the site is
25 feet, with no determination made as to the average depth to
ground water. This will not present a problem on this site. The
minimum depth to bedrock is 30 feet and the average depth of
bedrock is unknown.
B. Physical Effects on Waters _
The construction of the proposed project will not result in
the physical alteration of a drainage system. lake, stream or
wetland. There is a drainage swale on the western edge of the
project site which extends south to off-site locations. This
drainage swale will not be altered by construction of the project
and will accommodate surface water moving off of the project
site. The project will not require an appropriation of ground or
surface water as it will be served by the City of Shakopee ' s
existing water system. The Minnesota Department of Natural
Resources made no comments on the project and indicated that they
did not have any concerns regarding this project (see DNR letter
dated July 14 , 1967) .
C. Water Ouality Effects, Waste Water Storm Water and Erosion
During Construction - Erosion and sedimentation control for
the project will be guided by the principles contained in Urban
Runoff, Erosion. and Sediment Control Handbook, prepared by the
United States Department of Agriculture , Soil Conservation
Service, St. Paul , Minnesota. The disturbed areas will be kept
as small as possible and they will be stabilized as soon as
possible in order to minimize the amount of erosion. The storm
water runoff velocities.-will be -kept-low -in order- to - protect the -
disturbed areas and to control , reduce and delay stormwater
runoff. Sediment will be contained within a corridor or specific
3
site area. The specific control devices to be used will include
temporary sediment ponds, hay bale diversions placed around storm
sewer inlets, and geo-textile filter fabric fencing. Skimmers
will be used to contain sediment on site and prevent it from
entering the storm sewer system during construction, and
retaining walls will be used . There is an existing
sedimentation/retention pond on the west side of the project site
which extends off-site which will be used.
After Construction - The completed project will generate
surface and storm water runoff. A preliminary drainage plan has
been prepared for the project and is included as exhibit G of the
EnvironmentalAssessment Worksheet. More detailed site-sensitive
drainage, grading and erosion control plans will be formulated
prior to the start of construction on the project. Surface water
will flow from the project site into a pond, the location of
which has not been determined. The rate of discharge of
stormwater runoff into the pond will be approximately 82 cubic
feet per second. The existing pond on the site has capacity to
' handle twice the volume of stormwater runoff from the project -
site from a 100-year frequency storm: - - -
Sanitary Sewer - There will be no discharge directly into
the groundwaters from this project. Stormwater will be conveyed
to an existing stormwater sedimentation/retention pond prior to
reaching downstream watercourses . This will allow for
evaporation and some permeation into the existing sandy soils.
Because of the use of the existing sedimentation/retention pond,
the stormwater discharged into the downstream watercourses will
not contain any significant amounts of silt. The site will also
generate sanitary wastewater. The projected amount of effluent
in gallons per day will be directly correlated with the number of
patrons in attendance at any particular event. The peak gallons
per event is 85 , 000 and the minimum gallonage for an event of
3 ,500 patrons is 17 ,500 gallons. This calculation is based upon
a per capita generation of 5 gallons per day per patron and 13
gallons per day per employee on non-event days. The sanitary
sewer system will be connected to the City of Shakopee' s sanitary
sewer system. The existing city sewer system has the capacity to
handle peak daily flows.
,,. D. Air Ouali v and Noise
Air Quality During Construction - During construction the
project will generate some particulate matter in to the
atmosphere . Fugitive or wind-blown dust generated by
construction activities will constitute a short term adverse air
quality impact of theproposed project. There will, however, be
only minimal disturbance of existing vegetation and watering, if
required, will be employed to reduce the amount of dust generated
by construction activities.
4
site area. The specific control devices to be used will include
temporary sediment ponds, hay bale diversions placed around storm
sewer inlets, and geo-textile filter fabric fencing. Skimmers
will be used to contain sediment on site and prevent it from
entering the storm sewer system during construction , and
retaining walls will be used . There is an existing
sedimentation/retention pond on the west side of the project site
which extends off-site which will be used.
After Construction - The completed project will generate
surface and storm water runoff. A preliminary drainage plan has
been prepared for the project and is included as exhibit G of the
Environmental Assessment Worksheet. More detailed site-sensitive
drainage, grading and erosion control plans will be formulated
prior to the start of construction on the project. Surface water
will flow from the project site into a pond, the location of
which has not been determined. The rate of discharge of
stormwater runoff into the pond will be approximately 82 cubic
feet per second. The existing pond on the site has capacity to.
handle twice the volume of stormwater runoff from the project .
site from a 100-year frequency storm:
Sanitary Sewer Sewer - There will be no discharge directly into
the groundwaters from this project. Stormwater will be conveyed
to an existing stormwater sedimentation/retention pond prior to
reaching downstream watercourses . This will allow for
evaporation and some permeation into the existing sandy soils .
Because of the use of the existing sedimentation/retention pond,
the stormwater discharged into the downstream watercourses will
not contain any significant amounts of silt. The site will also
generate sanitary wastewater. The projected amount of effluent
in gallons per day will be directly correlated with the number of
patrons in attendance at any particular event. The peak gallons
per event is 85 , 000 and the minimum gallonage for an event of
3 ,500 patrons is 17 ,500 gallons. This calculation is based upon
a per capita generation of 5 gallons per day per patron and 13
gallons per day per employee on non-event days. The sanitary
sewer system will be connected to the City of Shakopee' s sanitary
sewer system. The existing city sewer system has the capacity to
handle peak daily flows.
D. Air Oualitv and Noise
Air Ouality During Construction - During construction the
project will generate some particulate matter in to the
atmosphere . Fugitive or wind-blown dust generated by
construction activities will constitute a short term adverse air
quality impact of the proposed project. There will, however, be
only minimal disturbance of existing vegetation and watering, if
required, will be employed to reduce the amount of dust generated -
by construction activities.
4
Air Ouality After Construction - The air quality impact of
the vehicles generated by the proposed project has been analyzed
using MOBILE III emission factors and the CALINE 3 dispersion
computer model from the California Department of Transportation.
The MOBILE III factors are those currently approved by EPA. (See
EAW pp 12-18) .
Carbon Monoxide ( CO) modeling is necessary so that any
adverse air quality impacts may be identified. The modeling used
in the EAW concentrates exclusively on mobile sources, including
cars and trucks. These are the major sources of this pollutant.
The CO modeling methodology is that found in Guidelines for Air
Ouality Maintenance Planning and Analysis Volume ( Revised ) :
Evaluating Indirect Sources . As published by the U . S .
Environmental Protection Agency, Office of Air , Noise . and
Radiation. (This is EPA publication-450/4-78-001 .) This is a
standard manual for air quality analysis. which is accepted by
Federal and State regulatory agencies. The Minnesota Pollution
Control Agency (MPCA) indicates that this project does not have
the potential for significant environmental effects; however, -
there is some difference of opinion at this time on whether there
is a need to conduct additional background CO monitoring forair
-
quality analysis. The PCA is of the opinion that the CO
monitoring from the Canterbury Downs Environmental Impact
Statement may not be current enough. The consultant employed by
the developer (Barton-Aschmann and Associates) is of the opinion
that the updating of the CO model is valid for purposes of the
EAW. The subject is presently being discussed and evaluated by
the MPCA and Barton-Aschman and Associates. If it is determined
that there is a need for additional CO background monitoring,
this will be required at the time of approval of the projects '
Indirect Source Permit (ISP) . (An ISP is a regulatory device
which must be obtained for, among other things. facilities which
generate large amounts of vehicular traffic. )
Noise generated by heavy equipment employed on the project
site for grading and construction will constitute a short term
adverse impact. This equipment will be muffled in accordance to
applicable State regulations. A study of the impact of noise
caused by traffic generated by the project, along with background
traffic, was prepared by Barton-Aschman Associates, Inc. That
analysis indicated that no MPCA noise level standard would be
exceeded ( see EAW p 18) .
Performance Nosie - A detailed study of the impact of
amplified performance sound on the residential areas adjacent to
the project site was prepared by the developer ' s sound
consultant, Jaffe Acoustics, Inc. ( Copy of study on file) . The
sound study concluded that the intensity of sound generated by
the project was within state and local noise standards. The MPCA
indicated that they thought the project would not violate state
standards but that if problems were to arise as a result of
5
amplified performances the noise levels could be controlled at
the stage mix (see MPCA letter dated July 8 , 1987 ) . In this
particular case, that condition would be included in the ISP for
the project. The MPCA also noted that the nearest residence was
located 4,400 feet (in excess of 3/4 mile) away from the project
at the Canterbury Inn Hotel.
E. Solid and Hazardous Wastes
The project will not generate any hazardous waste. The
project will generate approximately 22 cubic yards per week of
conventional solid waste during that time of the year when the
Music Center is in operation. There are adequate disposal sites
available for this solid waste.
F. Fish. Wildlife and Plants
The project site does have one small existing wetland which
will be preserved. The site is of limited value for wildlife in
that it is located in the middle of an industrial park. The
entire project area is of limited value for wildlife and it does
not harbor any species which have been identified as rare,
endangered, threatened or of special concern. The U.S. Fish and
Wildlife proposed Minnesota Valley National Wildlife Refuge Areas
are all located north of the Minnesota River and will not be
impacted by this project. . The Minnesota Department of Natural
Resources indicated after reviewing the EAW that they have no
comments or concerns regarding this project (see DNR letter dated
July 14 , 1987) .
G. Archaeoloeicat and Historical Resources
The proposed project does not contain any known sites of
historic, architectural , cultural, archaeological , or engineering
significance. There are also no sites in the vicinity of the
project site which are on the National Register of Historic
Places or which are eligible for inclusion on the National
Register. This conclusion is shared by the Minnesota Historical
Society, the State agency responsible for commenting on this part
of the EAW .( see MHS letter dated June 30, 1987) .
i
H. Parks and Recreational Resources
The project area will not result in the impairment or
destruction of any designated park or recreation area.
I. Other Resources -
The project area does not contain any prime or unique
farmlands, nor does it contain any ecologically sensitive areas,
scenic views or vistas or other unique natural resources.
6
be controlled at
e mix (see MPGA letter dated July 8 , 1987 ) • In this
amplified performances the noise levels cool ISP for
the stag that condition would be included in the
particular case, from the project
the project. The MPCA also noted mile) awayest residence was
located 4 ,400 feet lnnnHoteexcess
at the Canterbury
E d H- arao +s Wasts.5.
The project will not generate any hazardous waste. The
roximately 22 cubic yards per week of
waste during that time of the year when the
project will generate app adequate disposal sites
conventional solid operation. There are
Music Center is in
available for this so solid waste.
F s dlif and P1anY.;£ wetland which
The project site does have one small existing The
ark.
will be preserved. The site is of limited value for wildlife in
that it is located in the middle of an industrial P does
entire project area is of limited val ubeehr dentif iedn as trare,
not harbor any species ofisp have
threatened or special concern.. The U.S. Fish and
endangered, National Wldlife Refuwill not Areas
be
Wildlife proposed Minnesota Valley so aartment of Natural
are all located north ec the The Minnesota 1Dep and have no
impacted by this prof the EAW that they
Resources indicated after revs thi gproject (see DNR letter dated
comments or concerns regarding
July 14 , 1987) •
G. of o¢i cap and
u; toric a urce_s
contain any known sites of
The proposed project does not or engineering
historic, architectural , sites in the
cultural , archaeological , of the
significance. There are n the Nations Regi terl of vicinity
project site which are on the National
Places or which are eligible for inclusion on
the Minnesota Historiacy
agency responsible for commenting on this p
Register . This conclusion is shared by 1987) •
Society , the State
of the EAW (see MHS letter dated June 30,
H. p s and Aecrea" ^ impairment or
The project area will not result ethe
destruction of any designated park or recreation area.
a
t Other ReZQ1Yrce9 contain any rime or unique
The project area does not sensitive areas,
w
farmlands, nor does it contain any ecologically
s or vistas or other unique natural resources.
scenic vie
6
J. Community Services, Transportation and Energy
Transportation - A traffic impact analysis for the project
area was prepared by the developers engineering consultant,
Barton-Aschman Associates , Inc . The conclusions of the
developers consultant ( Barton-Aschman) were that a level of
service D will occur once during the 6 :30 - 7 :30 P . M. peak
weekday time period ( time of concert arrival ) at the major
intersection for the project area, which is Valley Park Drive and
T.H. 101 ( see EAW p 26) . (The concept of a traffic level of
service is a qualitature measure of the ability of a
transportation facility to accomodate traffic. Six levels of
service have been established and are designated by the letters A
through F, providing for best to worse service in terms of driver
satisfaction. Level of Service C is a condition of stable
traffic flow with vehicle speed an maneuverability being
controlled by traffic volumns. Level of Service D is a condition
whereby the flow of traffic approaches a state of instability.
Tolerable operating speeds can usually be maintained although
they are affected by changes in operating conditions which result
in substantial drops in operating speeds. Levels of Service D
can be tolerated for short periods of time. ) - This is the result
of the concurrence of a high level of existing Canterbury traffic
with high levels of traffic which generally utilize T.H. 101.
The weekend traffic analysis indicates that a level of
service D will also occur at the intersection of Valley Park
Drive and T.H. 101 as well as at the intersection of T.H. 101 and
County Road 18 and at the intersection of County Road 83 and T.H.
101 (see EAW p 18) . The developer will stagger the starting
times of various events, most notably the Canterbury Racetrack
and Starwood Music Center, in order to minimize the amount of
traffic congestion in the area . The Minnesota Department of
Transportation, after reviewing the project, indicated that they
anticipated little adverse impact on transportation facilities in
the area. The Metropolitan Council did indicate some concern
relative to traffic impacts in the area (see Mn DOT letter dated
July 13, 1987) . The Metropolitan Council stated that the EAW did
not identify any mitigating measures to alleviate area traffic
impacts. They further stated that the EAW should be revised to
include appropriate traffic mitigation measures ( see Metro
Council letter dated July 14, 1987) . This information has been
prepared and will be reviewed by the Metropolitan Council staff
prior to the time of City Council action on the proposed EAW.
The traffic congestion in the area can be minimized by the use of
proper mitigating procedures.
Water and Sewer - Existing water and -sanitary sewer lines
are available for extension into the project site to service the
project and the existing systems are adequate to accommodate this
project.
7
Fire Service - The City of Shakopee Fire Department can
provide adequate fire protection for the project area.
Police Service - Police protection for the project will be
provided by either the City of Shakopee Police Department and/or
other law enforcement agencies. The project proposer will
negotiate any necessary contracts for police protection to
service the project. The cost of police protection will be borne
by Starwood.
III. ACCUMULATIVE POTENTIAL EFFECTS OF RELATED OR ANTICIPATED
FUTURE PROJECTS
The project does not involve related or phased actions which
will cause accumulative impact on the environment. The project
will not induce future development which will result in
accumulative impact on the environment.
IV. EXTENT TO WHICH THE ENVIRONMENTAL. AFFECTS ARE SUBJECT TO
MITIGATTDN BY ON-GOING PUBLIC REGULATORY AUTHORITY
A. The City of Shakopee will have to approve -a- Conditional Use
Permit ( CUP) for the project prior to the beginning of
construction.
B. The Minnesota Pollution Control Agency (MPCA) will have to
issue an Indirect Source Permit (ISP) for the project prior
to the operation of the Music Center. If it is determined
that there is a need for monitoring of background carbon
monoxide for air quality analysis purposes this requirement
will be contained in the ISP. If it is determined that the
adjusted model which was used in the EAW is sufficient then
it will not be necessary for this requirement to be
contained in the ISP . In either instance , the Carbon
Monoxide ( CO) level in the atmosphere will be controlled by
the ISP if necessary .
C. The control of amplified noise levels from the stage of the
project area can be controlled by an appropriate stage mix
and will be regulated as a condition of the ISP if this is
found to be necessary.
D. If it is found that there is a need for the identification
of mitigating measures to alleviate traffic impact, this can
be included in the Conditional Use Permit issued by the City
of Shakopee and/or it will be addressed by the MPCA in the
ISP.
8
Fire Service - The City of Shakopee Fire Department can
provide adequate fire protection for the project area.
Police Service - Police protection for the project will be
provided by either the City of Shakopee Police Department and/or
other law enforcement agencies. The project proposer will
negotiate any necessary contracts for police protection to
service the project. The cost of police protection will be borne
by Starwood.
III. ACCUMULATIVE POTENTIAL EFFECTS OF RELATED OR ANTICIPATED
FUTURE PROJECTS
The project does not involve related or phased actions which
will cause accumulative impact on the environment. The project
will not induce future development which will result in
accumulative impact on the environment.
IV. EXTENT TO WHICH THF ENVIRONMENTAL AFFECTS ARF SU13JECT TO
MITIGATION BY ON-GOING PUBLIC REGULATORY AUTHORITY
A. The City of Shakopee- will have to approve -aConditional Use
Permit ( CUP) for the project prior to the beginning of
construction.
B. The Minnesota Pollution Control Agency (MPGA) will have to
issue an Indirect Source Permit (ISP) for the project prior
to the operation of the Music Center. If it is determined
that there is a need for monitoring of background carbon
monoxide for air quality analysis purposes this requirement
will be contained in the ISP. If it is determined that the
adjusted model which was used in the EAW is sufficient then
it will not be necessary for this requirement to be
contained in the ISP. In either instance , the Carbon
Monoxide (CO) level in the atmosphere will be controlled by
the ISP if necessary.
C. The control of amplified noise levels from the stage of the
project area can be controlled by an appropriate stage mix
and will be regulated as a condition of the ISP if this is
found to be necessary.
D. If it is found that there is a need for the identification
of mitigating measures to alleviate traffic impact, this can
be included in the Conditional Use Permit issued by the City
of Shakopee and/or it will be addressed by the MPCA in the
ISP.
8
CONCLUSIONS
Based upon the findings of fact, four issues possibly having
an effect on the environment emerged as a result of the
environmental review process. These are:
1. The possible need to monitor background CO. There is a
divergence of options on this issue between the MPCA
and the developers engineering consultant. If it is
determined that additional monitoring must occur this
will a conditions of the ISP.
2. The possible need to control noise levels can be
accomplished by appropriate stage mixes and this can be
made a condition of the ISP, if necessary.
3. The possible need to identify mitigating measures to
alleviate traffic impacts. If this is determined to be
a problem then this can be included as one of the
requirements of the Conditional Use Permit for the
project. Subsequent to the, preparation of the EAW the
developers engineering consultant has prepared plan
for the mitigation of traffic impacts in the area
surrounding the project ( copy on file in Community
Development Department ) . The developer will be
required to adhere to the recommendations contained in
this report , as of the date of this memo the
Metropolitan Council has not commented on this item.
4 . The Metropolitan Councils comments on the need to
update the Shakopee Comprehensive Plan do not relate
directly to the EAW. The Metropolitan Council has
indicated that the proposed Amphitheater is
inconsistent with the industrial uses designated in the
Shakopee Comprehensive Plan. They further indicate
that the EAW should be revised to indicate the project
will require a Comprehensive Plan amendment. It is the
opinion of both the City staff and the developer that
the Starwood Music Center is consistent with the
Shakopee Comprehensive Plan and the Shakopee Zoning
Ordinance. A minor commercial recreational facility ,
as defined by the Shakopee Zoning Ordinance , is a
conditionally permitted use in the I-2 zone. When the
Canterbury Downs Racetrack was constructed it was a
permitted use in the I-2 zone.
It is the City staff' s opinion that if the Canterbury
Downs Racetrack was consistent with the industrial land
use classification of the Shakopee Comprehensive Plan
in 1984 , then the Starwood Amphitheater is also
consistent with the industrial land use classification
of the Shakopee Comprehensive Plan in 1987. The staff
9
is also of the opinion that both the racetrack and the
proposed amphitheater are compatible with the other
uses in the Canterbury Industrial Park.
The work program of the Department of Community
Development of the City of Shakopee envisions that the
entire Shakopee Comprehensive Plan will be reviewed and
amended as necessary within the next year. At that
time, the location of commercial recreational uses in
the industrial land use area will be further evaluated.
ALTERNATIVES
1. Adopt Resolution A 2765.
2. Do not adopt Resolution S 2765.
RECOMMENDATION
Based upon the findings of fact and conclusions contained
within this report, the City staff recommends the adoption of
Resolution 9 2765 Making a Negative Declaration on the Need for
the Preparation of an Environmental Impact Statement for the
Starwood Music Center.
ACTION REQUESTED
Move to adopt Resolution 6 2765 Making a Negative
Declaration on the Need for the Preparation of an Environmental
Impact Statement for the Proposed Starwood Music Center.
10
is also of the opinion that both the racetrack and the
proposed amphitheater are compatible with the other
uses in the Canterbury Industrial Park.
The work program of the Department of Community
Development of the City of Shakopee envisions that the
entire Shakopee Comprehensive Plan will be reviewed and
amended as necessary within the next year. At that
time, the location of commercial recreational uses in
the industrial land use area will be further evaluated.
ALTERNATIVES
1. Adopt Resolution P 2765.
2 . Do not adopt Resolution 0 2765.
RECOMMENDATION
Based upon the findings of fact and conclusions contained
within this report, the City staff recommends the adoption of
Resolution S 2765 Making a Negative Declaration on the Need for
the Preparation of an Environmental Impact Statement for the
Starwood Music Center.
ACTION REOUESTED
Move to adopt Resolution 9 2765 Making a Negative
Declaration on the Need for the Preparation of an Environmental
Impact Statement for the Proposed Starwood Music Center.
10
/3zz,
RESOLUTION N0. 2765
A RESOLUTION MAKING A NEGATIVE DECLARATION ON
THE ENVIRONMENTAL ASSESSMENT WORKSHEET FOR
THE STARWOOD MUSIC CENTER
WHEREAS, the Starwood Music Center proposal located in the
City Of Shakopee required the preparation of an Environmental
Assessment Worksheet (EAW) ; and
WHEREAS , the City of Shakopee is the Responsible
Governmental Unit (RGU) ; and
WHEREAS, the City Of Shakopee has prepared an EAW which was
published, distributed and commented on in accordance with
Minnesota Statutes, Chapter 116D and Minnesota Rules 1985 ; and
WHEREAS, the City Of Shakopee has reviewed all comments
received regarding the EAW and has prepared a report containing
Findings of Fact, Conclusions and a Recommendation regarding the
Starwood Music Centet EAW.
NOW, THEREFORE, BE IT RESOLVED by the Shakopee City Council
that a negative declaration is hereby, made on the Starwood Music
Center EAW.
Adopted in session of the City Council of the City
Of Shakopee, Minnesota held this _ Day of 1987 .
Mayor of the City of Shakopee
ATTEST:
City Clerk
Approved as to form this _ Day
of , 1987 •
City Attorney