HomeMy WebLinkAbout06/29/1993 TENTATIVE AGENDA
ADJ.REG. SESSION SHAKOPEE, MINNESOTA JUNE 29, 1993
Location: Council Chambers, 129 Holmes Street So.
Mayor Gary Laurent presiding
1) Roll Call at 7: 00 P.M.
2) Reappointment of Ms. Bonnie Featherstone To Met Council
3] Approval of 1993 Intoxicating Liquor Licenses
4] Approval of 1993 On Sale Wine License
5] Approval of 1993 Non-Intoxicating Malt Liquor Licenses
6] Shakopee Rotary Premises Permit - Res. No. 3822
7) Other Business:
8] Adjourn
Dennis R. Kraft
City Administrator
TENTATIVE AGENDA
SHAKOPEE, MINNESOTA
COMMITTEE OF THE WHOLE JUNE 29, 1993
Mayor Gary Laurent presiding
Joint Meeting with Planning Commission and Community Development
Commission
1] Roll Call at 7 : 15 P.M. in Council Chambers at City Hall
2] Alternative Land Use Planning Strategies
3] Other Business:
4 ) Adjourn
Dennis R. Kraft
City Administrator
MEMO TO: Dennis R. Kraft, City Administrator
FROM: Lindberg S. Ekola, City Planner
RE: Reappointment of Ms. Bonnie Featherstone
To the Metropolitan Council
DATE: June 18, 1993
INTRODUCTION:
Staff is requesting that a letter from Mayor Laurent, representing
the City of Shakopee, be sent to Governor Carlson recommending the
reappointment of Ms. Bonnie Featherstone to the Metropolitan
Council.
DISCUSSION:
Although Ms. Featherstone will no longer be representing the City
of Shakopee at the Metropolitan Council due to redistricting, staff
is recommending her reappointment. As a member of the Metropolitan
Council, she has worked hard to represent the southwest area's
interests, as well as the City of Shakopee's on various issues on
the past two years. She has worked hard to temper the Metropolitan
Council's staff positions on development issues in the southwest
area.
Ms. Featherstone was originally considered an outsider for Scott
and Carver Counties since she resided in the City of Burnsville.
Over the past two years Ms. Featherstone has frequently attended
the Southwest Coalition meetings on a regular basis and has
actively pursued the southwest's interests at the Metropolitan
Council.
STAFF RECOMMENDATION:
Staff is recommending that a letter be sent to Governor Carlson
recommending the reappointment of Ms. Bonnie Featherstone to the
Metropolitan Council.
ACTION REQUESTED:
Offer a motion to forward a letter to Governor Carlson recommending
that Ms. Bonnie Featherstone be reappointed to the Metropolitan
Council, and move its approval.
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June fi, 1993
Honorable Governor Carlson
RE: Reappointment of Ms. Bonnie Featherstone
Dear Governor Carlson:
ZK
On , 1993 the Shakopee City Council passed a motion recommending that Ms. Bonnie
Featherstone be reappointed to the Metropolitan Council.
In working with Ms. Featherstone over the past two years, we have found her to have a strong
commitment to both local and regional planning. She has provided consistent direction and
vision in her tenure as a Metropolitan Council member. With several new appointments to the
Metropolitan Council, we believe that her experience will be essential for the region.
With this letter we strongly urge you to reappoint Ms. Bonnie Featherstone to the Metropolitan
Council.
Sincerely,
Gary L. Laurent
Mayor of Shakopee
MEMO TO: Dennis R. Kraft, City Administrator
FROM: Judith S. Cox, City Clerk
RE: Renewal of Intoxicating Liquor Licenses
DATE: June 23, 1993
Introduction
The following applicants have applied for 1993-94 Liquor
License (s) . Staff has checked for delinquent property taxes and
utility bills . The building inspector has advised me that all
premises are in conformance with the City Code.
Renewals should not be delayed because of upcoming hearings on
violations involving Cheers and Jerry' s bar. After the required
hearings, Council may take appropriate actions .
The following applications noted "approved" are in order for
Council consideration. Those that are marked "table" are not in
order and should be tabled if they are not in order by Tuesday. I
will report on Tuesday.
Recommended Action
Approve the application(s) and grant an Off Sale, On Sale, Sunday,
and/or Club Intoxicating Liquor License (s) to:
Action Applicant On Sale Sunday Off Sale Club
Approve Bretbecca, Inc . X X X
(dba Pullman Club)
124 West 1st Avenue
Approve Camgill, Corporation X X X
(dba Rock Spring Supper Club)
1561 E. 1st Avenue
Approve Clair' s Bar, Inc . X X X
(dba Jerry' s Bar)
124 South Holmes
Approve Dangerfield' s Restaurant X X
Inc.
1583 E. 1st Avenue
Approve J & D of Shakopee, Inc. X X
(dba Cheers 2 Ya)
911 East 1st Avenue
On Sale Sunday Off Sale Club
Approve MIN Hotel Corp. X X
(dba Canterbury Inn)
1244 Canterbury Road
Approve Turtle' s Bar and Grill X X
Inc.
132 East First Avenue
Approve Corp - Tool, Inc. X X
(Arnie' s Friendly Folks Club)
122 East First Avenue
Approve Pablo' s Mexican Restaurant X
Inc .
230 South Lewis Street
Approve Family Dining X
6268 Hwy 101
Approve Riverside Liquors, Inc. X
507 E. 1st Avenue
Approve Valley Liquor, Inc. X
1104 Minn. Valley Mall
Approve Spirits of Shakopee, Inc. X
471 Marschall Road
Approve The American Legion X X
Club Post No. 2
1266 East 1st Avenue
Approve Knights of Columbus Home X X
Assn. , Inc .
1760 East 4th Avenue
Approve VFW Post #4046, Inc. X X
1201 East Third Avenue
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91933
June 28, 1993
To : City Council Members
As of June 28, 1993 J & D of Shakopee Inc. , dba
Cheers 2 YA is withdrawing our application of renewal
for our liquor license.
I would like to express my strong feelings in
regards to doing business in the city of Shakopee .
As a tax payer of over one hundred-thousand dollars
per year to the city and a resident of the city for
over sixteen years . I feel we were treated unjustly
for example ; I should not have to find out legal
matters through word of mouth and the local paper.
This should have been done in a legal manner. To
continue on that same note how many times must I
defend myself and my business on the same matters .
I would like to point out a problem that you
the city should have taken care of long ago . The so
called private clubs in Shakopee, either they are
private or not, If private they should fallow the
private club rules and not serve to the pblic, if
public they should have to do business just like the
rest of us and pay the same to do so.
I am entitled to an apology on the below subjects
in print.
A. After hours (found not guilty)
B. Insurance policy (proof was given to the
Cheif)
C. Minor consumption (no one was ever produced
and I was never charged)
VGA,
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With all the false publicity I have decided to
discontinue doing business in the city of Shakopee.
_ Sincerely,
(11-1.ko__PZ
Jerry Morehouse
y
MEMO TO: Dennis R. Kraft, City Administrator
FROM: Judith S. Cox, City Clerl(D
RE: Renewal of On Sale Wine Licenses
DATE: June 11, 1993
INTRODUCTION
Cedar Fair L. P. has applied for an 1993-94 On Sale Wine License.
The application from Cedar Fair L. P. is in order.
ACTION REQUESTED
Approve the application and grant an On Sale Wine License to Cedar
Fair L. P. , One Valleyfair Drive.
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MEMO TO: Dennis R. Kraft, City Administrator
FROM: Judith S. Cox, City Clerk
RE: Renewal of Non-Intoxicating Malt Liquor Licenses
DATE: June 11, 1993
INTRODUCTION
The following businesses have applied for a 1993-94 On and/or Off
Sale Non-Intoxicating Malt Liquor License . Staff has checked for
delinquent property taxes and utility bills . The Building
Inspector has advised me that all premises are in conformance with
the City Code .
All of the applications are in order for Council consideration,
except those that indicate "table" . These should be tabled if they
are not in order by Tuesday. I will place an update memo on the
table .
ACTION REQUESTED
Approve the application (s) and grant an On Sale and/or Off Sale
Non-Intoxicating Malt Liquor License to:
Approve/
Table Applicant On Sale Off Sale
Approve Birch Bru, Inc. (SuperAmerica) X A
1155 East 1st Avenue
Approve Cedar Fair L. P. X
One Valleyfair Drive
Approve Holiday Stationstores, Inc . X
444 East 1st Avenue
Approve Pizza Huts of the Northwest, Inc . X
257 Marschall Road
Approve Retail Foods of Minnesota, X
a division of Gateway Foods, Inc .
dba Brooks Food Market #28
615 Marschall Road
Approve Raceway Park Inc. X
One Checkered Flag Blvd.
Approve Shakopee Ballroom & X
Banquet Center, Inc.
2400 East 4th Avenue
Approve/
Table Applicant On Sale Off Sale
Approve Polka Dot Dairy, Inc.
Tom Thumb Food Markets X
590 So. Marschall Road
Approve Fraternal Order of Eagles X
Aerie #4120
220 West 2nd Avenue
Approve Retail Foods of Minnesota, X
a division of Gateway Foods, Inc.
dba Brooks Food Market #42
1147 Canterbury Road
Approve Sene' s Inc. X
dba Imperial Wok
237 East 1st Avenue
Approve Stonebrooke of Shakopee, Inc. X
2693 County Road 79
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MEMO TO: Dennis R. Kraft, City Administrator
FROM: Judith S. Cox, City Clerk
RE: Premises Permit for Shakopee Rotary Club
DATE: June 25, 1993
INTRODUCTION AND BACKGROUND:
The Shakopee Rotary Club desires to renew their premises
permit to sell pull tabs at the Pullman.
They meet the requirements of the city code relating to
gambling.
RECOMMENDED ACTION:
Offer Resolution No. 3822, A Resolution of the City of
Shakopee, Minnesota, Approving A Premises Permit for the Shakopee
Rotary Club, and move its adoption.
RESOLUTION NO. 3822
A RESOLUTION OF THE CITY OF SHAKOPEE, MINNESOTA,
APPROVING A PREMISES PERMIT FOR THE
SHAKOPEE ROTARY CLUB
WHEREAS, the 1990 legislature adopted a law which requires
municipal approval in order for the Gambling Control Board to issue
or renew a premises permit; and
WHEREAS, Shakopee Rotary Club is seeking a renewal of their
Premises Permit at Bretbecca, Inc. , 124 West 1st Avenue, Shakopee,
Minnesota.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF SHAKOPEE, MINNESOTA, AS FOLLOWS:
That the Premises Permit for the Rotary Club at Bretbecca,
Inc. , 124 West 1st Avenue, Shakopee, Minnesota, be approved.
Adopted in Session of the City Council of
the City of Shakopee, Minnesota, held this day of
1993 .
Mayor of the City of Shakopee
ATTEST:
City Clerk
Approved as to form.
City Attorney
MEMO TO: City Council
Planning Commission
Community Development Commission
FROM: Lindberg S. Ekola, City Planner
RE: Joint Meeting on Alternative Land Use Strategies
Memo No. 4
DATE: June 25, 1993
INTRODUCTION:
On Tuesday, June 29, 1993 a joint meeting will be held by the
members of the City Council, Planning Commission and the Community
Development Commission to discuss alternative land use strategies
for the City of Shakopee.
In order to complete the planning process for the East Shakopee
Area Transportation Study, the Comprehensive Sewer Plan, the
Comprehensive Storm Water Management Plan, and the overall
Comprehensive Plan a revised land use plan must be developed.
With the construction of the regional transportation projects,
several new development pressures are facing the City of Shakopee.
A major policy decision from a land use perspective is needed to
guide the growth of the community.
It will become increasingly important for the City to take a lead
role in developing a land use strategy prior to the completion of
the regional transportation systems. The East Dean Lake area, in
particular, will become increasingly attractive to the development
community with the construction of the new CSAH 18 .
BACKGROUND:
What Has Happened So Far?
Three alternative land use plans have been prepared to facilitate
discussions on the major land use issues facing the City. These
alternative land use plans cover the area within the East Shakopee
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Area Transportation Study only. A copy of each of the three
alternative land use plans has been attached to the end of the
memo. The following is a list of each alternative with its
generalized strategy:
Alternative 1 - assumes a west to east growth pattern.
Alternative 2 - assumes a east to west growth pattern.
Alternative 3 - assumes a shared growth between both the west
and the east areas of the community.
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is a list of meetings
hich have been held at the
The following level on the development ofw
commission a land use planning strategy
co
for the City:
Meeting Date Group, Topics
March 25 PC Presentation of alternative land use
plans
April 21 CDC Presentation of alternative land use
plans
April 22 PC Presentation of requested research
May 13 PC/CDC Review of growth management
techniques
Review land use/transportation
relationships
June 3 PC Recommendation of the Major North-
South Streets Characteristics Map
The regional sewer treatment plant in Chaska operated by the
Metropolitan Waste Control Commission (MWCC) does not provide
adequate capacity at the present time. To correct this problem,
the MWCC has proposed to construct a major sewer line along the
Shakopee Bypass to connect the Chaska sewer service area with the
Blue Lake Sewer Treatment Plant.
The MWCC and the Metropolitan Council have suggested that the City
of Shakopee should pay a major portion of this regional sewer
interceptor if the City wishes to connect its sewer system to the
proposed interceptor. The City Council strongly disagrees with
this cost sharing concept since it is contrary to the regional
policies. A series of meetings are being held to address the MWCC-
Chaska interceptor cost sharing concepts as will as other issues
including the 2 . 5 acre lot size the paving of the CSAH 18 ramps.
At the June 3 , 1993 meeting the Planning Commission passed a motion
recommending to the City Council the adoption of the Major North-
South Streets Characteristics Map. Please see Exhibit A. This map
is intended to be a conceptual guide for the further development of
the land use strategies. It neither establishes a time frame or
development intensities but rather a general land use character
along each of the major north-south streets which have interchanges
with the Shakopee Bypass. These streets or highways include TH
169, CR 15, CR 17 , CR 83 and CSAH 18 .
2
DISCUSSION:
What Are We Trying To Accomplish With This Land Use Planning
Effort?
1. To promote and guide orderly growth for the City of Shakopee
over the next 15 to 20 years.
2 . To solve the regional transportation issue of paving the CSAH
18 ramps.
3 . To provide guidance for the development of the City's
Comprehensive Sewer Plan, Storm Water Management Plan, and the
East Shakopee Area Transportation Study. These plans will
enable the City to make better decisions on the construction
of future infrastructure systems.
4 . To protect the investments made in the existing developed
areas of the City such as the downtown and the industrial
park.
5 . To address other land use issues in the east Shakopee area
such as the Racetrack District.
Unanswered Ouestions
The Planning Commission and the Community Development Commission
have raised numerous questions, many of which have been answered
with additional input from staff and/or representatives from the
development community. The following is a discussion on the
unanswered questions.
1. Impact on Public School Services
City staff met with Shakopee School District 720 (ISD 720)
staff to review the impacts of the alternative land use plans.
Alternatives 2 and 3 would eventually result in a population
base large enough to likely require an additional elementary
school in the East Dean Lake area (4, 000-6, 000 people) . An
elementary school would require approximately 15 to 20 acres
of land and would be best located within a residential area.
Pedestrian routes for children should be considered early in
the land use. planning process. The cost for an elementary
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school could range from $5. 6 to $7 .0 million (without land) .
Additional transportation and other operational costs would
likely be incurred by the School District with increased
residential growth in the east area of the City.
2 . Impact on Police Services
The Police Department staff has reviewed the alternative land
use plans and has provided some comments on preliminary
financial impacts. Alternatives 2 and 3 would require an
increase in personnel and equipment. A second police station
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site would likely not be required with either alternative 2 or
3 . Police Department staff have estimated that an additional
police sector with five officers would be required at a cost
of approximately $250, 000 per year. An additional squad car
and support services would cost approximately $30, 000 to
$40, 000. The roxim approximately $300impact
result ind 000 of additional costs year year
to the City (in today's costs) .
3 . Impact on Fire Services
The Fire Department staff has provided a memo (dated April 21,
1993) on the alternative land use plans (Exhibit B) . Since
the memo was prepared, additional discussions have occurred on
the location of a second fire station along or near CR 83
rather than CR 17 .
The Fire Department staff feels that fire stations should be
placed approximately 1. 5 miles apart in urbanized areas. The
urbanized portion of the City of Shakopee is 7 . 5 miles wide
(east to west) . As development occurs a second and eventually
a third fire station will likely need to be constructed.
Staff will present a large City map with fire station
locations and 1. 5 mile radii.
4 . Impact on Public Works
The Public Works Department staff has reviewed the alternative
land use plans for cost impacts. The estimated annual
maintenance costs for alternatives 2 and 3 would be as
follows:
Street $200, 000-$300, 000
Park $ 60, 000-$100, 000
Sewer $ 20 , 000-$ 30, 000
Total $280, 000-$430, 000
In terms of the Public Works facility, a second site would
probably not be needed but rather a relocation to a more
centralized site in the future urbanized area of the City may
be more cost effective. Public Works staff will review their
operations in more detail over the next several years and
submit recommendations as appropriate.
The cost to construct the various streets, sewers, water
lines, etc. will generally be paid for by the development
community. Developing an estimate for the construct costs of
these facilities is not feasable until the specific land uses
have been established.
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5. Impact on Parks
Based on the ratio of 3 acres of neighborhood park per 1, 000
population, approximately 12 to 18 acres of park land should
be provided in the east Dean Lake area. This ratio and other
park system standards have been established in the 1990-2020
Comprehensive Plan.
The future park land can be acquired by the City through the
subdivision platting process if it is properly planned. This
type of acquisition (park land dedication) would be one of the
benefits of the land use planning effort being undertaken.
Another park has been proposed in the Comprehensive Plan to be
located south of 4th Avenue and east of CR 17 along the Upper
Valley Drainage Way. The land use plan has designated this
area (south of the KC Hall) for multi-family residential uses.
A 5 to 8 acre park is needed to serve these future residences.
The cost to equip the future 20 to 25 acres of neighborhood
park land could range up to $500, 000.
6. Impact on School District Boundaries
One of the issues discussed in previous meetings has been the
school district boundaries. The Burnsville/Eagan/Savage
School District No. 191 crosses into the City of Shakopee and
covers a portion of the Shakopee 500 property.
The ISD 720 staff has commented on the history of the school
district boundaries and the difficulty in changing these
boundries. ISD 720 staff feels that the impact of the tax
base has less effect on the school districts due to the
State's equalization or redistribution of funds for education
purposes. In addition, the Shakopee tax base is already very
strong from the amount of commercial and industrial businesses
in the community.
A map of the district boundaries will be presented at the June
29 meeting.
7 . Impact on the Existing Commerical Areas
The development of a regional shopping center on the east end
of Shakopee would create both positive and negative impacts on
the existing commercial ares in the City. To properly assess
these impacts, staff would suggest defining the range of
existing commercial uses in the City. A list of the major
commercial areas in Shakopee includes the following:
1. Downtown
2 . East and West 1st Avenue
3 . Marschall Road corridor
4 . Shakopee Town Square
5
5. East Highway 101 (Valleyfair to the Stagecoach)
6. CR 83 corridor (near Canterbury Downs)
7 . 3rd Avenue West (frontage road)
Clearly, these areas have a different character and would be
impacted by a regional commercial center differently. Staff
would encourage additional discussion on these impacts.
The mix of specific uses in prescribed areas of the City can
be guided in the zoning process. In the existing zoning
ordinance for example, the City has already created three
different commercial districts (B-1, Highway Business; B-2,
Community Commercial; B-3 , Central Business District) . The
permitted and conditional uses for each of these zoning
districts were established to provide a complimentary mix of
commercial uses across the
withentire
the City.
addition The
of same
concept
regional
would need to be applied
shopping center on the east end of the community.
8 . Vacant Land Inventory/Land Absorbtion
Management of the Metropolitan Urban Service Area (MUSA)
involves two basic research efforts. These research efforts
are essential to the administration of the regional government
policies.
The first research effort needed is to determine the amount of
vacant developable land within the existing MUSA. City staff
is currently working with the Metropolitan Council staff to
establish the current inventory.
The Met Council policies allow for certain vacant lands to be
excluded from the inventory of developable land. Areas with
wetlands, floodplain, and/or bedrock may be excluded under
certain circumstances. Staff will present results of this
research at the June 29 meeting.
The second research effort requires the development of land
absorbtion rates for the major land uses (residential,
commercial, industrial, institutional, and public) . The
absorbtion rates are based on population, household, and
employment projections. The land absorbtion rates should be
provided in significant time frames such as the years 1995,
2000, 2010, 2020, etc. Staff will provide the most current
absorbtion rates at the June 29 meeting.
The three alternative land use plans represent three different
generalized growth patterns. The discussion on June 29 should
focus on these alternative land use strategies and their impacts on
the community and its future. From this dicussion a recommendation
to the City Council on one land use plan representing the selected
growth strategy should be recommended to the City Council.
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ALTERNATIVES:
1. Recommend land use plan alternative No. 1.
2 . Recommend land use plan alternative No. 2 .
3 . Recommend land use plan alternative No. 3 .
4 . Provide specific changes to the land use plans and recommend
a revised land use plan.
5. Direct the Planning Commission and the Community Development
Commission to continue further studying the issues and request
additional information from staff and/or the property owners.
ACTION REQUESTED:
Review and discuss the three alternative land use plans and the
supplementary information. Forward a recommendation to the City
Council on one land use plan.
LSE/jms
LANDUSE
7
EXHIBIT B
SHAKOPEE FIRE DEPARTMENT
Department Memo
To: Shakopee Planning Commission
Lindberg S. Ekola, City Planner
From: Frank Ries, Fire Chief
Date: April 21, 1993
Subject: Proposed Land Use Plan, East Shakopee Area
Thison as
Memt, on is a 2 number of the East Shakopee Area Transportation to the Ruest for additional l Study
per quessta
dated March 25, 1993 .
An increase in population in this area would dictate more calls to the
Deans Lake Area. The average response time from our present station
is over 12 - 15 minutes. This response time and mileage to a call is
usually not considered adequate. Therefore additional station(s) ,
equipment and fire fighters will be required.
Several factors should be considered in determining the placement and
number of station(s) .
* What is the acceptable response time to a call?
We believe stations should be approximately 1. 5 miles apart. This
is based on ISO (insurance service office) .
* Where should the placement of these station(s) be?
The place of these stations must be based on needs (people and
structure to protect) and a supply of fire fighters living in the
area to support the station in a short response time. A station in
the area of Vierling Dr. and East of County Rd. 17 would be within
the 1. 5 mile radius and a number of fire fighters already reside in
the area to man the station. This station is already in the
he
planning stages. ( See Shakopee Capital Improvement Plan) .
growth occurs an additional station my be necessary in the area
east of Deans Lake near the NSP peaking plant. The speed at which
this area grows will dictate when this station will be required.
Summary:
An additional fire station, equipment and personnel may be needed
for the Deans Lake Area in addition to the proposed station.
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MEMO TO: City Council
FROM: Lindberg Ekola, City Planner
RE: Shakopee 500 Submittals
DATE: June 25, 1993
NON-AGENDA INFORMATION ITEM:
The Shakopee 500 property owners group has been an active participant at the previous
Planning Commission meetings. They have submitted documents for review and
consideration.
Since these items were not a part of the agenda packets, staff is providing them to the City
Council for their review. The following is a list of items submitted by the Shakopee 500:
1. April 16, 1993, letter from Betty O'Shaughnessy.
2. April 20, 1993, letter from RLK.
3. March 25, 1993, presentation outline.
BETTY L. O'SHAUGHNESSY 1000 Hesse Farm Road, Chaska, MN 55318
(612) 496-1707
April 16,1993
Gary Laurent, Mayor
2415 Lakeview Drive
Shakopee, MN 55379
Dear Gary,
Thanks for visiting with me this afternoon with regard to the paving of
the access ramps for the T. H. #101 /1 69/CSAH 18 Interchange. I do
empathize with you, the county and city staff, for the frustration you have
experienced over this issue.
As per your request, I'm enclosing copies of correspondence between
Daniel McElroy, Mayor of Burnsville, and Dottie Rietow, Chair, Metropolitan
Council. Sorry for the highlighting and notes that appear on this copy. I
hope it sheds some light on a possible new path to take.
Good luck rescheduling the meeting with Dottie and Bonnie. Please keep
me posted and feel free to call upon me if I can be of assistance in any
way.
Regards,/
11
,
i 4 i
g; ty ? ' aughnes �.
Shako' - ;= 'artner
IAA
AAMETROPOLITAN COUNCIL
,Clears Park Centre. 2.30 East Filth Street. 5r. Paul. tl.V !.5101-:6.7-1 6l: 291-6:59 F-IX 612 291.6.550 M. 61-' 291.0904
1.)i oje�
March 30, 1993
Daniel C. McElroy, Mayor
City of Burnsville
100 Civic Center Parkway •
Burnsville, MN. 55337-3817
Dear Mayor McElroy:
This letter is written in response to your letter requesting that the Metropolitan Council
reconsider its action on County State Aid Highway 13 (CSAH 18), south of the Shakopee Bypass
in Scott County.
In April 1991, the Metropolitan Council approved the location and design of CSAH 13 between
the Shakopee Bypass and I-494 with the exception of paving the access ramps to and from the
rural area south of the Shakopee Bypass in Shakopee. Council denial of direct access ramps to
and from the rural area south of the bypass in Shakopee was based on Council's plans in the
Mer,opplitan Development and Investment Framework (MDIF) relating to rural area policies.
Shakopee's comprehensive plan designates the area in the CSAH 18 corridor as rural service area.
The Council concluded that the proposed high-level of transportation service provided by a direct
connection south of the bypass would encourage urban levels of development and, therefore
would be inconsistent with the area's planned status as a rural service area. Indirect highway 18
access to the proposed new bridge via highway 101 would continue to be provided as part of the
construction project. ;In its recommendations, the Council indicated if at some future date the
City of ShakoPee would amend,its plan_and justify that direct access,was.necessary to serve an
. urbanizing area; then Scott County may resubmit the controlled access request for Council
reconsideration(summary of Council action attached).
Since April oft-199LCounciLmem_bers and staff have met numerous times with officials from Scott
County and the City of Shakopee to make them aware of the Council's concern regarding
premature development of the rural service area south of the Shakopee Bypass and to help
identify options for revising local plans that would address this concern. ;The focus to date has
been on protecting the status.of the rural service area by having local plans control the level of
accessibility and the land use densities in the Highway 18 corridor in Shakopee. The premise has
been that if the county and city provide strong controls, they w-iIl prevent any premature
urbanization and demand for other costly urbansces that might occur if the direct connecting roads is controlled by Scottaccess
ramps were paved. The level of land access andnew
County, and land use densities are controlled by the City of Shakopee.
While much new data and information has been made available since the original Council action
on CSAR 18 access in April 1991, the Council needs policy commitments in the form of revised
Recycled Paper
Mayor Daniel C. McElroy
Page 2
March 30, 1993
local plans from bot Scott County :nd the City of Shakopee that address Council concerns about
premature urbanization in - • al County Road 18 corridor. The Council has two upcoming
opportunities to reconsider its action regarding the CSAH 18 direct access ramps. The first-
opportunity will be the Scott Transportation Plan review which has just begun.' The second
•
opportunity will be the Shakopee Comprehensive Plan review which depends upon the city's
schedule for submitting a completed plan document to the Council for review.
am also anxious to resolve this issue, but as you can see the Metropolitan Council can not act t, �3
I "2i
until we have reviewed the Scott County plan and until Shakopee submits plan documents; and,
tt
that both these plans address� e Pearlyext licy concerns
onth to discuss progress made toward addressing,County and Shakopee officials
transportation/land use conflicts raised by the Highway 18 interchange.
Thank you for your interest.
Sincerely,
Dottie Rietow
Chair
Attachment
cc: Bonnie D. Featherstone Council District 14
City of
121SAIII BURNSVILLE
100 Civic Center Parkway • Burnsville..Minnesota 55337-3817 (612) 895-4400
March 16, 1993 M PO
IAN CCUNCIc
Metropolitan Council MAR 2 4 093
Mears Park Center
230 East 5th Street
St. Paul , MN 55101
Attn: Dottie Rietow
Re: T.H. #101\169\CSAH 18 Interchange in Shakopee
Dear Ms. Rietow:
Th"e—City=of Burnsvi°1'le monitors transportation improvements in the entire
southern metropolitan area. The City has. supported and watched with.interest-.the
�� County.
proposed Bloomington Ferry Bridge :: replacement project.. in _Scott
Burnsville has a vested interest in this project, inasmuch as it is felt to be
a potential alternate to trips that would otherwise utilize" I-35W.* We all know
that I-35W is the region's most critical transportation issue.
It is because of that interest that we feel compelled to offer some testimony to
you regarding the above matter. Specifically, we have learned that the Met
Council has opposed the construction of two of the ramps at the above referenced
interchange. Apparently these ramps are the ramps that would facilitate the
movements of traffic from the new bridge to CSAH 18 south of T.H. 4101/159.
These ramps-- Burnsville-Burnsv.i.11e since omitting _
th'em(would reduce the full utilization of this interchange: 'Dakota and Scott
:Counties have long discussed the need for east/west traffic corridors between the
two counties. There is a significant amount of traffic from western Dakota
County that needs to move to the western Minneapolis suburbs . This trip
destination :can_.be -more: readily served for western Dakota County .residents if
they can utilize Dakota County 42, Scott. County 42 and Scott CSAH 18,..and from
that_ point then crossing the Minnesota River at the new Bloomington Ferry Bridge.
:The omi:ssi.on of thee:.two important ramps will preclude that movement, and be
detrimental ' to the City of Burnsville`-and all of western Dakota County. ,We
'understand that the rationale for_ this is a rule that concerns the location of -
an interchange outside of the Metropolitan-Urban Service Area. This. interchange
is very near the Urban Service Area and it seems somewhat arbitrary to strictly
apply this rule when there is a drastic regional transportation need that is
being met by the project.
We respectfully request that the Met Council reconsider this matter and work with
Scott County officials to provide for a plan that will allow complete utilization
of this interchange.
Sincerely,
C;IL
Daniel C. McE roy
Mayor
c: Scott County Highway Dept.
Cities of Savage/Shakopee/Prior Lake
Bonnie Featherstone •
Bob Mazanec - Director of Metro Systems
_922 Mainst e `
e.
KIK
�~ Hopkins, Mn.
55343
(612) 933-0972
ASSOCIATES LTD. fax: (612) 933-1153 /
April 20, 1993
Mr. Lindberg Ekola
City Planne •
r
• '' City of Shakopee
- 129 South Holmes Street
Shakopee, N. 55379
Dear Mr. Ekola:
At the March 25, 1993 Planning Commission meeting, testimony was heard regarding the
proposed amendment to the Shakopee Comprehensive Plan. After completion of the discussion
by the Commission members, the item was continued to the April 22 meeting for further
consideration. Additional material was requested on several items. This document has been
prepared by the members of the RLK Associates staff, representing the Shakopee 500 property
owners group, to provide discussion material for the Planning Commission members. It is
requested that this document be distributed to the members on Thursday evening prior to
accepting further public input.
The items are arranged in a categorical fashion with no particular emphasis on priority. Data
principally is focused upon the Shakopee 500 property south of the Shakopee BypassICSAH 18
interchange area on the eastern perimeter of Shakopee. Figure 1 of this document demonstrates
the land area in relation to the Shakopee Bypass highway system. We will be in attendance on
Thursday evening to provide a more thorough discussion on this material.
Park land Area: There are approximately 535 acres of property in the Shakopee 500 property
land mass on the south edge of the Shakopee Bypass and County 18 interchange. Figure 1
proposed land use plan identifies the allocation of park land area within this acreage. Between
County 18 and County 21, there are approximately 32 acres of park land; approximately 50% is
designated as active recreation area and 50% is passive. Active recreation area relates to land
used for ball fields and open play areas. This use is suggested for land which has fewer natural
forested areas. In comparison, the passive recreation area, covering the other 50%, is suggested
for the natural forested areas.
Approximately 20 acres of land is shown as a buffer and trail area near the power lines running
east-west near the center of the site and on appendages running north and south from that trail.
These trail systems will serve a linear park design condition with buffer characteristics, as well as
allowing pedestriarvbicycling activities to naturally occur through the area. A natural progression
of this trail area could be extended through the site and further to the west through the East Dean
Lake area of Shakopee.
These acreage's for park land are considerably in excess of the minimum standards contained in
the 1990 Comprehensive Plan document of 3 acres of park land per 1,000 population.
Civil Engineering .Transportation . Infrastructure Redevelopment
Landscape Architecture .Construction Management
Shakopee Comprehensive Planning Process
April 20, 1993
Page 2
Police. Fire and Public Works Services: It is estimated that upon complete development of the
Shakopee 500 property, S7 to S8 million of annual tax revenue may be generated. Of this
amount, approximately S1 million will be available to support domestic City services. City staff
should study the needs of the area, determine the budgetary impact of new development and
compare the costs against the revenues. It seems highly probable that the services that are needed
for this newly developed area could be supported annually with these revenues.
Public Schools: Figure 2 indicates the Shakopee and Burnsville School Districts joint
boundaries. The Shakopee 500 property is split between the two districts as shown. The City of
Savage is also in the Burnsville School District. With the anticipated growth that is occurring in
this area, the Shakopee and Burnsville District will be providing facilities to handle the increases
in the school age population. It is important to note that this area will impact the Shakopee
School District and the Burnsville School District. Due to the long range development
anticipated over the next 5 to 10 years, the current school system should be able to absorb the
increase in the number of children.
Shakopee Image: Figure 1 demonstrates the poised position the County Road 13 river bridge
crossing and interchange area will have as the eastern gateway to Shakopee. An opportunity to
plan this area with the image the City wishes to portrait is available. There is virtually no
development in the immediate area of the Shakopee 500 property. The land use plan presented in
Figure 1 attempts to take advantage of this opportunity.
One of the Planning Commission members mentioned that the character of the downtown area of
Shakopee must be preserved so as not to be in competition with the outlying areas. In other
words, the City may wish to limit competition with the downtown retail component. Because of
the signnificant distance between the interchange area and the downtown area, these areas should
have minimal competition. Other cities in the metro area have attempted to exclude retail
development in the outlying areas of their communities, only to have the retail occur in
neighboring communities. The City of Shakopee can make a conscious planning decision to
solidify their downtown area and to allow orderly development of outlying retail uses. It seems
especially appropriate to allow a high density retail use in the high volume/capacity area as the
Shakopee Bypass interchange area with the County Road 18 river crossing.
East Dean Lake Residential Area: One of the primary objectives of the Shakopee 500 plan was
to provide a transition from the commercial/retail property to single family residential property as
you move from County Road 18 towards the East Dean Lake area. The Shakopee 500 Land Use
plan maintains the natural amenities of the land in the residential area including the preservation of
naturally occurring wetlands and the maximization of groves of trees with few highly traveled
roadways or paved parking lots. A conscious planning decision has been made to highlight the
existing residential neighborhoods in the East Dean Lake area; in fact, the value should be
significantly enhanced with homes being proposed on the Shakopee 500 property in the price
range from S150,000 to $300,000.
Shakopee Comprehensive Planning Process
April 20, 1993
Page 3
Growth Rates in the Development of Shakopee: It is recognized that it is difficult to agree on
the prospective growth rates of the area when the marketplace is constantly going through
dynamic change. An example is the rapidly changing landscape of the City of Savage during the
past few years. The City has partial control on this phenomena with land use density regulations.
The Shakopee 500 property owners are cognizant that any growth rate disagreements should be
resolved by the City, County and Metropolitan officials with the appropriate responsibilities for
short and long range planning. They are willing to work with these officials and plan for the
orderly development of their property in accordance with the development conditions of the
regional area. However, a proactive comprehensive planning process is essential at this time
because of the imminent completion of the construction of the CSAH 18 river bridge and
interchange complex and the rapidly progressing westward development phenomena.
Currently, the Shakopee Comprehensive Plan designates the area owned by the Shakopee 500
group as a rural service area. The Metropolitan Council recognizes this and has concluded that a
direct connection ramp system to the area south of the Shakopee Bypass would encourage urban
levels of development and be inconsistent with the area's rural service area designation. Before
the Metropolitan Council will reconsider its' decision on this direct access matter, the Council
needs policy commitments in the form of a revised local plan from the City of Shakopee. Based
upon population growth, infrastructure investment, and general traffic growth, the property
owners of the East Dean Lake area are in unity that comprehensive land use plans similar to City
alternative 42 should be adopted.
Sincerely,
RLK ASSOCIATES, LTD.
bt iistKpf
Dick Koppy and John Dietrich
Attachments:
Figure 1 -- Shakopee 500 property and Land Use plan
Figure 2 -- Shakopee/Burnsville School District joint boundaries
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CITY OF SHAKOPEE PLANNLNG COMMISSION MEETING
MARCH 25, 1993 OUTLLNE OF PRESENTATION
SHAKOPEE 500 DEVELOPMENT GROUP
L LNTRODUCTION OVERVIEW BY BOB MOREHOUSE
A. Shakopee 500 Introduction of the developer's team
B. Description of the 530 acres of property, Hanson Ranch
VISUAL >Aerial of the property in the eastern region of Shakopee
C. History of the site
D. Regional characteristics
E. Goal for tonight's meeting
• Informational meeting
• Commencement of the Comprehensive Plan and Land Use Plan amendment
process
• Need the City's help to set the future development framework
F. Mention the meeting with staff in December on the site development options
and the meeting in February with the City's Transportation consultant and
Scott County on the Transportation study.
G. Introduce Dick Koppy,RLK Associates, Ltd.
II. PRESENTATION OF i HE SHAKOPEE 500 LAND USE PLAN BY DICK KOPPY
I
A. Current Comprehensive Plan Designation for the property
VISUAL > 1980 land use map for the City of Shakopee
Page 1
B. What has changed in the area since the acceptance of the 1980 Land Use plan?
• 1990 Comprehensive Land Use Plan changed land designation to Agricultural
Was not approved by the Metro Council; slated for re-study by 1995.
• Development of the City of Shakopee...PopuIation
1980...10,000 1991...12,000 2000...17,000
• Development of the City of Savage...Population
1980...4,000 1991...11,000 2000...19,000
• Development of Scott County...Population
1980...44,000 1991...60,000 2000...77,000
• Market value of property in Shakopee:
1980...S300,000,000 1992...S500,000,000
•Shakopee Bypass
• CS AH 18 River Bridge Crossing
• Change in the CSAH 18 interchange plan; alignment during the detailed
design process
C. Basis of the Shakopee 500 plan: Population growth, infrastructure investment,
and general traffic growth.
D. Presentation of the Shakopee 500 Land Use Plan (staff report alternative #2)
VISUAL >Shakopee 500 Land Use Plan
1. Refer, in general to the changes from industrial to a mixed-use development
2. Demonstrate highlights of the plan.
• Shakopee Bypass and CSAH 18 interchange area
• CSAH 18 Minnesota River Bridge Crossing, controlled access
highway to I-494
• Industrial development to the south and east
r*.c 2
• Dean Lake residential development to the west
• County Road 21 developed through the center of the 530 acres
• Power line towers through the development area, major physical
obtrusion
• Buffer area as a part of the land use plan in relation to property to the
south
• Mixed land uses on the site
• Multi-family residential buffer to the west between the commercial and
the single family
• Soil type is conducive to development rather than agricultural
• Trees on the western area of the site conducive to residential
development
LII. DEMONSTRATED DITEREST Lei 1"H];. AREA AND THE SHAKOPEE 500 LAND
USE PLAN
A. Single Family residential development
• International residential developer who has met with City staff
• 2.5 units per acre, range of home development from moderate to executive
housing
• Mid-density town homes (referred to as multi-family on the land use map)
• Beautiful landscaped areas with areas of trees and ponds preserved
B. Commercial property developer
VISUAL >Refer to the Ryan Development Company letter dated 3/19/93
VISUAL >Refer to the site plan presented in December, 1992 to City staff
• Major discount department store
• Major supermarket complex
P2;e 3
• Various retail stores
• Restaurants
• Approximately 350,000 square foot retail center will be the focus of the
Highway 18 Shakopee Bypass interchange area
IV. PRIMARY BENEFITS TO THE CITY FROM THIS LAND USE PLAN
A. Capture of business trade
• Drive bys from CR 18 and CR 21; Shakopee and Prior Lake residents
• City of Savage residents
• Shakopee Bypass traffic
B. Additional Market Value and Tax Base
VISUAL >See Market Value and Tax Base table attachment
C. Additional Employment
D. Increased traffic volumes will not adversely impact Shakopee's residential base
E. Enhanced residential property in the East Dean Lake area
• Single Family homes in the $150,000 to $300,000 value range
• Multi-family buffer from the commercial area
F. Wetlands and natural features, trees, etc. will be maintained
G. Minor infrastructure cost impact, assessable to the land; no cost to taxpayers
• Water is in place, system will need to be extended
• Sanitary sewer will need to be constructed, capacity is available in the existing
treatment plant _ - -
H. Enhanced P.U.D. planning process that is contemporary and associated with the
community planning values will be used for the development of this acreage.
Page 4
• Pro-active stance on planning of this area will be demonstrated
• Opportunity to enhance a Gateway position to the eastern border of Shakopee
on a major highway facility will be created
V. SU`LMIARY
A. The land owner requests support of Alternative #2 of the staff report
• A concept plan approval is needed to give direction to the planning process
B. Infrastructure in the area supports the plan
C. Shakopee 500 Land Use plan reflects reality in the marketplace
• Property owner is working with residential and commercial developers
D. Enhanced tax base and market value will be realized.
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la
YANcoYwyAN
March 19, 1993
Mr. Bob Morehouse
SHAKOPEE 500 PARTNERSIIIP
' do Morehouse Realty
4410 Highway 25 •
Watertown, MN 55338
RE: SHAKOPEE
Dear Bob:
Per our conversation, this letter will express our interest in the proposed shopping center site
Iocated at the new Shakopee bypass and the new County Road 18 for a community shopping
center.
As I previously indicated to you, a prospective tenant's major concern prior to their agreeing
to go ahead on this project would include:
1. An acceptable agreement with you and your partners.
2. Acceptable access to the site as per our meetings with you, your partners and
RLK Engineers.
3. Approval from all necessary governmental authorities for land use, utilities, etc.,
for the construction of a community shopping center.
If these issues can be resolved, I feel very good about our being able to put together many of
the prime tenants that Ryan has been able to attract to many of its recent projects.
Let me know what we can do to move forward on this project in determining its feasibility.
Since ely, ,
j‘ 1 \ , ..,<
William J. ale
Vice President
•
tti'J M24.68\dnJd
700 INTERNATIONAL CENTRE, 900 SECOND AVENUE SOUTH, MINNEAPOLIS, MINNESOTA 55402
TELEPHONE 6121339.9847 FAX 612/337.5552
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RLK Associates, Ltd. 3/25/93
SHAKOPEE 500 LAND USE PLAN MARKET VALUE AND TAX ESTIMATE SHEET
MARCH, 1993 1 I 1
I I I 1
I I (ANNUAL
I DEVELOPMENT (TAX (TAX (Million S
PARCEL (LAND USE TYPE VALUE IRATE 'VALUE 'taxes
I I I
I I 1 I
A !Multi-family resident. $40 million 1 4.50%1 51.80 !million
I i !
B (Commercial $20 million 6.00%1 51.20 !million
I I 1 I
C !Commercial 518 million 6.00%1 51.08 (million
I I I I
D ICommerciaUOffice I58 million 6.00%I $0.48 1million
1 I I i
E 'Light Industrial ;510 million ! 6.00%I $0.60 !million
1 I i ! i
F !Light Industrial IS12 million I 6.00%! 50.72 !million
I I I I
G ICommerciat/Office 1$8 million 6.00%I $0.48 !million
1 I !
H 'Single Family Resident j570 million 1.60%1 S1.12 (million
I I I 1
1I 15186 million $7.48 (
TOTAL million
I ( total annual taxes
i I
I
Current taxes on 534 acres: I I
I I
Market Value 51,028,800 I
X 2.5% I I
I i1
S25,720 I I
I I
less Agricultural credits > Total estimated 1993
taxes = 520,700
✓ 12 941 9220 P. 02
HOFF & ALLEN, P. A.• •
HOFF & ALLEN
PROFESSIONAL ASSOCIATION
•
GEORGE C.Hort
TED A.ALLEN TEl EPHONE(612)941-9220
PATRICIAG.BAxxv, 1R. I-800-989-9220
PATt E.KtinERER FAX(672)941.•7968
DAVID R.KxAG'L'Et
PAtIA A.CALI•UES
PETER M.SO LNA June 28, 1993
Ms. Karen Marty
• Shakopee City Attorney
129 E. First Ave.
•
Shakopee, MN 55379
RE: NBZ Enterprises v. City of Shakopee
Court File No: 91-09739
GAB File No: 56527-21797
Our File No: 2266-040
Dear Karen:
eal's Decision App
Please find enclosed with this, the Court Of
affirming the summary judgment granted to us in the $BZ case.
The Court overturned the determination on res judicata, but
affirmed that there was noa taking
with
respect
e toproperty.
The Opinion is hardly a thoroughalYts It' s evident: tothat
d
once the Court saw that BZ, property
a roughly
h
threefold without the mining permit, their analysispretty muc
stopped there.
In any event, with this affirmance and the Plaintiff's d .smissal of
the remaining Trial Court claim, this should end the above
litigation, absent an appeal to the supreme Court.
Sincere
{ 1
Ge
HOFF & AL EN •A
•
GCH:baj
Enclosure
• cc: Mr. Mark Rossow
Mr. Bob Weisbrod
Mr. Doug Gronli
•G.',W?DATM2266-030'.MA R7362R.LTR
7901 FLYING CtovD DRIVE..,N260•EDFN PRAIRIE.,MINNESOTA 55344-7914•
•
RED WINO OYHCE•608 MAIN STREET•RED WING,MINNESOTA 550660(612)388-3867 + ^R_ _.._
HOFF & ALLEN, P. A.
612 941 9220 P. 03
w.-- :NOTICE: MEDIA AND COU �• .I. ARE FFt .;rt�ITED FROM MAKING
2$. 1993
THIS OPINION 0'I �Oi;;.)fR ?U
12:01 A.M. ON THE FILE DATE i
;
T. ' s o inion tAPt'_ e i aL�•:. i . hed and
may not be cite. e . - .imrr-■=� - -=
Minn . Stat . § 480A. 08 , subd. 3 (1992) .
i
i
STATE OF MINNESOTA j
IN COURT OF APPEALS
CO-93-256
1
Klap1 ake, Judge
Scott County j
•
•
District Court File No. 91-09739 i
r
• 1
i
Timothy R. Thornton
• NBZ Enterprises, Inc . , i .
the successor in interest Jack Y. Perry 1 .
of Scott County Lumber Briggs and Morgan, P.A.
Company and Bert Noterman, 2400 IDS Center
• et al.. , 80 South Eighth Street
Minneapolis, I 55404
• Appellants,
•
vs . lj
City of Shakopee, George C. Hoff 1
, Hoff & Allen i
Respondent . 7901 Flying Cloud Drive
Suite 260
Eden Prairie, MN 55344
!I .
.•
Filed June 29, 1993
• Office of Appellate Courts
and decided by Klaphake, Presiding Judgel Forsberg,
Cons i,.ered j
' Judge, and Holtan, Judge .'
I
UNPUBLISHED• OPINION �
KLAPHARE, Judge
;
NBZ Enterprises, Inc. (NBZ) appeals summary judgment dismiss-
ing its claim that a denial of a conditional use permit (CUP) by
. the City of Shakopee (city) constituted a taking of property for
i
'Retired judge of the district court, serving as judge of the
•
Minnesota Court of Appeals by appointment pursuant to Minn. Const .
art . VI , § 10 . s
if
• HUFF & ALLEN . P. A. 612 941 9220 P. 04
which it was entitled to compensation. We affirm summary judgment
• because the evidence clearly shows that the NBZ was not denied all E .
reasonable economic use of its property.
DECISION
• 1 . Res judicata bars a claim where there has been a final
judgment on the merits in a previous action, where the! same cause
.of action is involved, and where the parties are identical . Beutz
v. A.Q. Smith Harvestore Prods „ Inc. , 416 N.W. 2d 482 , 1484 (Minn.
App. 1987) , aff'd and remanded, 431 N.W.2d 528 (Minn. i1988) . In
this case, NBZ' s taking claim is identical to the taking claim
which Scott County Lumber Company, NEZ' s predecessor, alleged in a
prior complaint filed in 1985 . Res judicata does n t bar the
taking claim because there was no final judgment on the merits in
the prior litigation. See id. As the pretrial order shows, the
•
court considered only whether the city properly exercised its
discretion in denying the CUP application, without reaching the
•
issues of denial of due process and unconstitutional! taking of
property. See Smith v, Smith, 235 Minn. 412, 418, 51 N. W. 2d 276,
279-80 (1952) (res judicata does not bar claim which waS withdrawn
or dismissed before trial on related issues) . •
2 . Where the facts in the record are viewed it the light
most favorable to NBZ, we agree that as a matter of law no taking
occurred because NBZ continued to enjoy a reasonable and economi-
cally viable use of its property after the CUP was denied. See
Hubbard Sroadcastina, Inc . v. City of Afton, 323 N.W. 2d 757, 766
(Minn. 1982) ; Czech v. City of Blaine, 312 Minn. 535., 529, 253
-2
f�i
p i...
612 941 9220 P. 05t;.-
•
HUFF & ALLEN . P. A. i
i
1
1
N.W. 2d 272 , 274 (1977) . Although a taking analysis may be more
readily applied to a property interest in a mine, the applicable
•
legal standards are the same. Regardless of the type of property,
the
owner must show that the government action has reiulted in a =r
!
deprivation of "all reasonable" use or "all economically beneficial
uses" of the property. See, Lucas v. South Carolina Coastal
U.S. 112 S . Ct . 2886 , 2901 (1992) ; lubbard
Council , ,
Broadcasting. Inc . , 323 N.W. 2d at 766 . NBZ' s predecessor purchased
the property for $143 , 790 . NBZ' s appraiser determined1that prior
• to the issuance of a CUP for mining operations in April 1988, the
ved property could have been sold for $415 , 000 for residen-
• animpro •
tial or commercial development with the proper zoning. !
i
1 The evidence supports the trial court' s determination that
there was no taking because NBZ was not deprived of alllreasonable
• or economically viable use of its property. Therefore, iwe need not
address the issue of whether NBZ' s interest in theiCUP was a
private roperty interest subject to a taking under 'the United
States Constitution or the Minnesota Constitution. j
Accordingly, we affirm summary judgment dismissing NBZ' s
i .
takings claim. j
Affirmed. fi
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