HomeMy WebLinkAbout01/05/1982 ��l Gti
MEMO TO: Mayor and City Council
FROM: John K. Anderson, City Administrator
RE : Non-Agenda Informational Items
DATE: December 31 , 1981
1 . Nominations to Boards and Commissions will have to be handled
January 19 , 1982 because we advertized that we would receive
resumes until January 13th.
2 . Staff met with Dick Wiggin regarding the concerns he mentioned
December 1 , 1981 and we made progress on several items including
policy changes that will come to Council for action in the future .
3 . LeRoy Houser is planning to participate in the building of a
4-plex in Shakopee . I checked with the League of Cities and
the common practice in such cases is to have the County Building
Inspector do the inspections . I have checked with the County
Inspector and he has agreed to help us .
4. We still have three tax assessment cases unresolved: Certainteed ,
Valleyfair and Notermann who has filed on all of his property in
Scott County. Should Rod Krass need to call Larry Martin back
as City Assessor we will pay Larry an hourly rate based upon his
salary and benefits as we did with Tim Keane .
5 . Steve Hentges Excavation has not been conforming to the new City
revised right-of-way permit requirements for street cuts . The
firm has been cited with two misdemeanor violations and he has
pleaded not guilty so a trail will be held. Other excavators
including Al Rybeck and Jim Hauer have been conforming to the
revised permit requirements .
6 . The State and the Citizens League have submitted their response
to Rod Krass ' s Fiscal Disparities Brief.
7 . LeRoy Houser has signed a complaint on the house mover who left
the house "parked" at CR 16 and CR 83 . The mover will be served
and be required to appear in Court .
8 . Rep. Tom Hagedorn wrote to tell us that the IRS has ruled favor-
ably on the Police and Fire Relief Association' s tax exempt
status . Rep. Hagedorn plans to introduce legislation in January
that will make their exempt status permanent .
9 . Gregg Voxland checked with Logis to determine if Shakopee had
been paying for the development of the Liquor Program which we
do not use. Only those cities using the program or partici-
pating in its design have paid for it . In addition, Gregg
found out that North St . Paul recently joined Logis and they
have an electrical utility so there will be increased interest
in developing an electrical billing system.
10 . Recently I received a complaint from Ton Circuits in our
Industrial Park. They had a minor spill recently and LeRoy
reported it to Allen Freschette, Scott County Environmental
Non-Agenda Informational Items
Page Two
December 31 , 1981
Health Department , and the Minnesota PCA and the company thought
LeRoy was out of line. The attached letter explains that , in
fact , LeRoy acted property in reporting the spill .
11 . Attached is the monthly activity calendar for January.
12 . Attached is the Fund Balance Summary for the period ending
November 30 , 1981 .
13 . Attached is the agenda for the January 6 , 1982 Ad Hoc Cable
Communications Committee meeting. The Committee will be
discussing the letter all Council members received from the
Shakopee Ministerium objecting to the possible showing of 'R'
and 'X ' rated movies on Cable TV. The Committee will discuss
it and pass along to Council its suggestions and recommendations .
14 . Attached is a copy of a flyer announcing the dates for the 1982
Newly Elected Officials Conference and some seminars for all
elected officials . Please contact Judy if you wish to register
for one of these sessions .
15 . Attached is an up-date from George Muenchow regarding the
status of the acquisition and development of the Scott County
Trail .
16 . Attached are the minutes from the December 10, 1981 Board of
Adjustment and Appeals meeting.
17 . Attached are the minutes from the December 10, 1981 Planning
Commission meeting.
18 . Enclosed are the Proposed 1982 City Policies from the League
of Minnesota Cities .
19 . Enclosed are copies of the 1982 Association of Metropolitan
Municipalities Legislative Policies - copies for Gloria Vierling,
John Leroux and Dolores Lebens . (Dean and Eldon received copies
at the meeting. )
20 . Resolution No. 1959 establishing the supplemental assessment for
Weinandt Acres 1st Addition was approved with an error. The
interest rate was listed at 8% and should have been 8-3/4% (note
8-3/4% was the rate previously committed to by Council ) . After
the Finance Director spotted this error I checked with Jack
Coller and we would have to go through the complete hearing
process again to correct the error. The interest , if it runs the
full 10 years , amounts to less than $300 , and with these lots
subject to the 150% rule the bulk of the lots will probably be
sold in 3-4 years further reducing the interest we will loose .
Council can reopen the issue or allow the error to stand. Staff
and the City Attorney feel there is little benefit in redoing
the whole process which will itself cost time and money to
correct the error and save an amount of less than $300. Contact
me by Tuesday if you feel we need to redo the resolution.
Non-Agenda Informational Item
Page Three
December 31 , 1981
21 . As you are aware Council will be holding a public hearing ( for a
second time) on the vacation of easements in Macey 2nd Addition
on January 19th. Ordinarily a building permit would not be issued
for construction over an easement until a vacation takes place ;
however, the builder is interested in commencing construction,
and since Council has already unofficially given its approval
of the vacation, it seems reasonable to permit the commencement
of construction. Council needs to be aware that the City Attorney
does not recommend this action; however, given the circumstances
and the fact that the building will be under construction a
maximum of only two weeks prior to the official vacation on
January 19th the Building Inspector, HRA Director, City Admin-
istrator and City Clerk feel it is reasonable and appropriate
that the contractor be permitted to begin construction prior
to the January 19th action. If you have any problems with the
building permit being issued prior to formal vacation, please
bring the matter up at the Council meeting.
HAPPY NEW YEAR!
NA= COUNTY COURT HOUSE - SHAKOPEE, MN. 55379
(612) 445-7750
EXT.377
:*:
December 14, 1981
DEC 1 6 131
Mr. Gordy Gauss
Vice President Quality Assurance CITY OF SHAKOPEE
Ton Circuits Inc.
1501 Valley Industrial Bldv.
Shakopee, Minnesota 55379
Dear Mr. Gauss;
This letter is a follow up to our conversation on Wednesday, December
9 concerning the fire which occurred at Ton Circuits recently. As you know,
I was informed of this situation by Mr. LeRoy Hauser with the City of
Shakopee. Mr. Hauser and I have established this reporting procedure
whereby we coordinate follow ups on those situations in Shakopee where
we have overlapping responsibilities. I have a similar working relation-
ship with the Minnesota Pollution Control Agency.
Apparently the cause for the concern in this instance was the accidental
loss of some small volume of chemically contaminated water out the back
loading door and onto the ground. My inspection did not reveal any cause
for concern from this incident. However, since I had been informed of the
discarding of chemically contaminated water out this door on two other
occassions, (unverified by myself) there does appear to be a weak point
here with the easily accessible door for dumping wet vac's or swept
out floor washings. Therefore, I am requiring that some precaution be taken
to minimize the potential for reoccurrances, such as a concrete curb to
serve as a dike and prevent spills etc. from escaping through this door.
I will make a follow-up inspection in 30 days to confirm that this precaution
has been taken care of. If you have any suggestions for alternative means
of physically containing spills etc. , within the building, please give me
a call .
Sincerely,
/tel.
Allen Frechette
AF:cs
cc: LeRoy Hauser, Shakopee Building Inspector
John Anderson, Shakopee Administrator
Dick Koble, MPCA
ALLEN J. FRECHETTE
Environmental Health Specialist
Office of Planning & Zoning l
Scott County Is An Equal Opportunity Employe-
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3
TENTATIVE AGENDA
Ad Hoc Cable Communications Committee
Shakopee , Minnesota
Special Session January 6 , 1981
Chairman Foudray presiding
1 . Call to order at 7 : 00 P.M.
2 . Approval of Minutes of July 22 , 1981 , August 11 , 1981 and
December 9 , 1981
3 . Discussion of cable system proposals
a. Plan and criteria for on-site visits to existing cable
operations
b. Schedule for franchise award
4. Selection of additional tapes on establishing cable committees
5 . Discussion of establishment of non-profit community access
corporation and citizens ' cable advisory committee
6 . Other business
7 . Adjourn
Jeanne Andre
Administrative Assistant
Ci • • ENCE FOR
403:221) LECTED
OF ALS
SATURDAY, JANUARY 30,..1152D
SHERATON INN-NORTHWEST, Brooklyn Park
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- - ____
SEMINARS F
OFFICIALS
"Managing Financial Resources – The Council Role"
and
"Here's Looking at Ya: Polishing Your Public Image"
C FRIDAY_ JANUARY 29, 1982
i.Sheraton Inn-Northwest, Brooklyn Park
v \ Managing Financing Resources - The Council Role
Friday, January 29, 1982
°N. 9:00 a.m. - 5:00 p.m. b 14Vr
AC, Sponsored by the Government Training Service
Financial management has always been an important and demanding part of the governing process—even in the best of
times. In the aftermath of recent federal and state cuts, it is even more critical for city council members to develop skills in
effective allocation of resources and to understand their role in responding to or preventing financial crisis.
This workshop offers participants an exceptional opportunity to work through the budget process in the mythical city of
Westwood and learn concepts and principles which apply to any city regardless of size or composition of its council. Six
major topics will be addressed by means of videotapes, presentations and small group sessions: Financial Crisis and the
Challenge of Governance; Teamwork in Financial Management; Goal Setting; Budget Formulation and Review; Budget
Hearing and Adoption; Building Your Own Capacity.
As a participant you will:
• learn a process for long- and short-term goal • discover ways to make adjustments after the
setting budget is approved
• identify actions you can take for increasing • receive guidelines for intervening effectively to
council-staff teamwork in handling financial crisis solve problems
and other situations • develop an individual action plan designed to
• gain an understanding of general techniques of increase your ability to deal with financial matters
budget formulation which can be applied to your
own city
NOTE
Special effort will be made to address concerns raised by the state's current financial situation.This workshop will focus on
process and budgeting techniques in general; itis not an in-depth discussion of various budget systems.Both newly elected
and veteran officials will find this workshop of value;administrative staff are also encouraged to attend with council members.
FEE
The registration fee of$70 includes tuition, lunch, refreshment breaks, and a copy of the course handbook(a$17 value).
FACULTY
Lyle Sumek and Carl Neu, Jr., founders of the Government Leadership Institute and consultants to state and municipal
governments. Mr.Sumek was formerly Asst. Dean at University of Colorado Graduate School of Public Affairs after receiving
his PhD.in organizational development from USC;also held administrative positions in the San Diego City Council Office and
Dept. of Fire and Public Works. He has conducted successful workshops for the League of Minnesota Cities, the
Metropolitan Area Management Association and several Minnesota cities. Mr. Neu holds an MBA from Harvard and served
on the Lakewood(Colorado) City Council from 1975 to 1980, completing two terms as its president.
"Here's Looking at Ya: Polishing Your Public Image"
Friday, January 29, 1982 •
7:00 to 9:15 p.m. 6 V eN
1
Sponsored by Women in City Government
Presented by the Government Training Service
Obviously your public image was good enough to get you elected. It's easy to take it for granted once you're in office—even
though requirements change and demands increase. Are you creating the impression you wish when making public
appearances or intracting with staff at City Hall? Do you convey what you mean when discussing issues during council
meetings or answering constituent complaints on the phone or in person?What about those times when you're asked to"say
a few words" at a moment's notice?
This session will help participants enhance their ability to:
• Assess an audience(whether one or one hundred) • Understand body language(yours and theirs)
• Handle hostile questions • Avoid irritating mannerisms
• Use effective vocal techniques • Establish rapport
Participants will learn basic concepts and then have the opportunity to practice hypothetical situations in small groups under
expert guidance. ALL elected officials and administrative staff are welcome for an evening of learning and sociability!
FEE
The registration fee for this program is $10.00 payable with registration. Light refreshments will be served following the
program.
FACULTY
Toni Nebel, communications consultant. Extensive background includes instructor for public speaking/presentation,
English and theater courses; training director for volunteer organizations; artistic director for 40 theatrical productions.
Conference fo Newl Elected fficials
Saturday, January 30, 1982
8:00 a.m. to 4:30 p.m.
Sponsored by the League of Minnesota Cities
Presented by the Government Training Service
Now that the elections are over, it's time to take your seat on the council and meet the growing challenge of governing your
city. Recognizing the tough job and serious responsibilities confronting you,the Government Training Service is offering a
one-day Conference for Newly Elected Officials to ease the transition.
WHO SHOULD ATTEND
The Conference will speak primarily to newly elected Mayors and Council Members; however, any incumbent elected
official or appointed employee will find it to be a valuable"refresher" course. In response to numerous requests,we have
initiated a special"spouse" registration.
FEE
The Conference fee of$35 includes tuition,materials,lunchon and breaks.The"spouse"Conference fee of$20 includes all
the above except materials.
PROG RAM
---- 7:30 a4s, — —Re istration
8:00 Welcome and Introduction to the Day Vaughn Thorfinnson
8:15 COUNCILS-WHAT THEY CAN AND CANNOT DO Clayton LeFevere
(A look at their forms, functions, authorities and
limitations.)
9:40 OPEN MEETING LAW/DATA PRACTICES ACT Stan Kehl
10:35 PERSONAL LIABILITY, CONFLICT OF INTEREST AND YOU George Hoff
11:15 FINANCIAL REALITIES Karl Nollenberger
11:45 Luncheon
INFORMAL ROUNDTABLE DISCUSSIONS
SURVIVAL TACTICS FOR THE NEWLY ELECTED OFFICIAL
1:15 p.m. SURVIVAL TACTICS FOR YOUR CITY
Part One:"No City Is An Island" Donald Slater
Josephine Nunn
Part Two: "Using Development Tools" Steve Perkins
2:30 GOVERNING YOUR CITY— GETTING A GOOD START
(Practical tips in three critical areas.)
Smaller Cities(under 1,000 population)
Budgeting and Finance Jon Elam
Planning and Zoning Robert Lockyear
Personnnel and Labor Relations Carol Coulter
Medium-Size Cities(1-5,000 population)
Budgeting and Finance Sue Edel
Planning and Zoning Gunnar Isberg
Personnel and Labor Relations Arlo Brown
Larger Cities(over 5,000 population)
Budgeting and Finance Bruce Nawrocki
Planning and Zoning Adrian Herbst
Personnel and Labor Relations Ralph Chesebrough
4:00-4:30 (optional) Questions and Answers
FACULTY
Arlo Brown, Mayor George Hoff, Attorney at Law Karl Nollenberger,City Manager
City of Dilworth Collins, Hoff and Allen, P.A. City of Richfield
Ralph Chesebrough, Council Member Gunnar Isberg, President Josephine Nunn, Mayor
City of White Bear Lake Gunnar Isberg and Associates City of Champlin
Carol Coulter, Mayor Stan Kehl, Attorney at Law Steve Perkins, Mayor
City of Cross Lake Holmes and Graven City of Pipestone
Sue Edel, Council Member Clayton LeFevere,Attorney at Law Donald Slater, Executive Director
City of Winona LeFevere, Loeffler, Kennedy, League of Minnesota Cities
Jon Elam, City Manager O'Brien and Drawz Vaughn Thorfinnson, Mayor
City of Mound; former Administrator for Robert Lockyear, Planning Coordinator City of Red Lake Falls;
cities of Walnut Grove, Sanborn,Wabasso, Washington County President, Legue of Minnesota Cities
Milroy and Lucan Bruce Nawrocki, Mayor
Adrian Herbst, Council Member City of Columbia Heights
City of Bloomington;
Attorney at Law, Herbst and Thue, Limited
Location and About the Government •
Accommodations Training Service ei§
The location for all three programs is Sheraton The Government Training Service is a public,
Inn-Northwest(1-94 and U.S. 52, Brooklyn Park, joint powers organization providing training
M N 55428,612/566-8855).A block of sleeping and consulting services to public officials,
rooms has been reserved for Friday, January employees and employers in the state of
29. Those requiring accommodations are Minnesota. Its members include the League of
asked to contact the hotel directly by January Minnesota Cities,the Association of Minnesota
11 , 1982. To obtain the substantial block re- Counties, the Minnesota Association of Town-
duction, mention the Conference for Newly ships, the University of Minnesota, the State
Elected Officials. Department of Energy, Planning and Develop-
ment, the State Department of Employee Rela-
tions, and the Minnesota Association of
Regional Commissions.
Registration
Register in advance by mailing the attached Cancellation
form. Multiple registrations can be made by
duplicating the form. Registrations should be
received by Friday, January 22. Fees will be fully refunded if the registration is
cancelled in writing by January 27. Alternates
will be accepted at any time.
For Information
Carol Schoeneck
Government Training Service
202 Minnesota Building
46 East Fourth Street
St. Paul, Minnesota 55101
612/222-7409 or toll free 800/652-9719
REGISTRATION FORM
CONFERENCE FOR NEWLY ELECTED OFFICIALS SEMINARS FOR ALL ELECTED OFFICIALS
January 30, 1982 January 29, 1982
Name Title
City Work Phone
Address
(street (city) (zip)
Please register me for: (population of your city)
El Friday Seminar ❑ Saturday Conference
"Managing Financial Resources"($70) "Conference for Newly Elected Officials/Spouse"($20)
El Friday Evening Workshop
"Here's Looking at Ya"($10) Spouse Name:
El Saturday Conference
"Conference for Newly Elected Officials" ($35)
o Registration fee in the amount of$ is enclosed.(Checks should be made payable to GTS.)
❑ Please bill my city.(Enclosed is a purchase order.)
Return byJanuary22 to:GovernmentTraining Service,202 Minnesota Building,46 East Fourth Street,St.Paul,M N 55101 (612/222-7409 or toll
free 800/652-9719).
IlEttitoper Tommunit l Erl1tres
129 Levee Drive
Shakopee, Minnesota 55379
Phone 445-2742
Community Education • Parks • Recreation • Adult Education
George F. Muenchow, Dir.
12/23/$1
John Anderson44 .F.Y.I.
Attached is a copy of the Plan Of Action for the acquisition
and development of the Scott County Trail that formerly was
intended to follow the Milwaukee Railrmad bed.
The current thought is for the northerly segment to go from
Prior Lake to the County Park at Spring Lake. From there it
would somehow meander to the Minnesota River in Shakopee. I
will be pushing for tt to pass by O'Dowd Lake and down Cty
Rd #79 to the urban portion of the City. This would correlate
with the City's intent for a trail from the High School to
O'Dowd Lake.
This plan was approved and recommended for adoption to the
Hennepin County Park Reserve District at the Scott/Hennepin
Park Advisory Board Meeting yesterday.
G.F.M.
A COOPERATIVE EFFORT OF THE CITY OF SHAKOPEE AND SCHOOL DISTRICT 720 SINCE 1954
f SCOTT-HENNEPIN REGIONAL TRAIL CORRIDOR AND
SCOTT COUNTY ROADWAY REALIGNMENT
LAND ACQUISITION/DEVELOPMENT PLAN
The following outlines the acquisition/development program for the Scott-
Hennepin Regional Trail Corridor and Scott County roadway realignments in-
volving the City of Prior Lake and Scott County and the Hennepin County Park
Reserve District.
I . Long term project objectives:
•
A. Trail corridor - The Scott-Hennepin Regional Trail Corridor
will extend from the Minnesota River, at the City of Shakopee
to Murphy-Hanrehan Park Reserve, via Cleary Lake Regional
Park. In addition, it may be highly desirable to connect
Spring Lake Regional Park to the trail corridor. Presently,
•
the Shakopee to Prior Lake to Cleary Lake portion of the
trail has been approved by Metropolitan Council .
B. County roadway - Scott County and the City of Prior Lake intend
to realign County Road 21 through the downtown area of Prior
Lake to the Grainwood Bridge and realign County Road 12 within
the political boundaries of the City of Prior Lake. In addition,
it is the intention of Scott County to extend County Road 12
to 1 -35 via County Road 91 .
C. City of Prior Lake development - As indicated, the City of
Prior Lake shares in the County' s desire to realign County
Roads 12 and 21 and supports the trail corridor project.
II . Immediate objectives:
The first phase objective is to acquire the abandoned Chicago,
Milwaukee, St. Paul & Pacific Railroad right-of-way from the
Grainwood Bridge in the City of Prior Lake to the east section
line of Section 17, Credit River Township. Acquisition of this
property will provide right-of-way for the trail corridor segment
from the Grainwood Bridge to Cleary Lake Regional Park at County
Road 87; accommodate the realignment of County Road 21 in the
downtown Prior Lake area; realignment of County Road 12 between
Trunk Highway 13 and County Road 87; and extension of County Road 12
to the intersection with County Road 91 extended.
III . Historical perspectives:
The following is a chronology of events pertinent to the trail
corridor and highway projects:
- December 19, 1977 - Scott-Hennepin Park Advisory Board
passed a resolution expressing interest in the Chicago,
Milwaukee, St. Paul & Pacific Railroad right-of-way proposed
for abandonment for reuse as a regional trail corridor.
-2- '-•
- January 13, 1978 - The Scott County Board of Commissioners
unanimously adopted a motion directing the County Highway
Engineer to take such steps as may be required to research
procedures necessary for acquiring a part of the Chicago,
Milwaukee, St. Paul & Pacific Railroad rights-of-way
designated for abandonment and subsequent public use.
- February 2, 1978 - Hennepin County Park Reserve District Board
of Commissioners passed a resolution expressing interest
in the rights-of-way for regional trail corridor.
- February 27, 1978 - The City of Prior Lake adopted resolution
No. 78-11 supporting the use of abandoned railroad rights-
of-way for realignment of County State Aid Highway No. 21 ,
and additional connection to Interstate Highway 35W, a trail
system, downtown parking and Walker Avenue extension.
- March 7, 1978 - The Scott County Board of Commissioners
adopted Resolution No. 78059, expressing interest in the
portion of the railroad right-of-way proposed for abandonment
extending south and east of the City of Shakopee for
reuse as a regional trail corridor and county highway realign-
ment.
- April il , 1978 - The City of Shakopee City Council passed a
resolution supporting the reuse of the right-of-way for
trail corridor south of County Road 17.
- April 28, 1978 - The Scott County Board of Commissioners
directed the County Administrator, the County Highway
Engineer together with the Secretary of the Scott-Hennepin
Park Advisory Board, to identify the need for acquisition
of abandoned railroad rights-of-way for public use and to
communicate this need to the Interstate Commerce Commission
and the Railroad.
- May 8, 1978 - The Scott County Board of Commissioners took
action to notify the Interstate Commerce Commission of the
specific segments of abandoned railroad rights-of-way it
desires to acquire and for what purpose.
- April 9, 1979 - Scott County Park Advisory Board passed a
resolution reaffirming its interest in the right-of-way
for reuse as regional trail corridor.
- May 1 , 1979 - The Scott County Board of Commissioners by
motion reaffirmed its interest in the railroad rights-of
way for reuse in part as a regional trail corridor consistent
with the Scott County Comprehensive Development Plan
1972-1985.
- May 3, 1979 - Hennepin County Park Reserve District Board of
Commissioners passed a motion reaffirming its interest in the
right-of-way for reuse as regional trail corridor and
instructed staff to proceed with planning, undertake title
investigations and seek assistance from the Metropolitan
Parks and Open Space Commission.
-3-
- May 26, 1979 - Effective date of railroad right-of-way
abandonment as established by the Interstate Commerce
Commission.
- May 29, 1979 - The Scott County Board of Commissioners
adopted Resolution No. 79077 approving the concept of railroad
rights-of-way acquisition to provide for the Minnreg to Prior
Lake highway and directing that planning proceed toward
acquisition of the railroad right-of-way.
- 1979 Minnesota State Legislative Session - Approval of the
1979-1980 Regional Recreation Open Space Bonding Program
including an appropriation of $150,000 for the acquisition
of the abandoned railroad right-of-way for reuse as a regional
trail corridor.
- June 18, 1979 - Preliminary review and discussion of proposed
Scott-Hennepin Regional Trail Corridor incorporating portions
of the abandoned right-of-way by the Metropolitan Parks and
Open Space Commission.
- September 11 , 1979 - Scott-Hennepin Park Advisory Board
recommended preliminary approval of the Land Acquisition Phase
Concept Plan for the Scott-Hennepin Regional Trail Corridor.
- September 26, 1979 - Public hearing held in the City of Prior
Lake to review the Land Acquisition Phase Concept Plan for the
proposed Scott-Hennepin Regional Trail Corridor.
- October 16, 1979 - Following public review, the Scott-Hennepin
Park Advisory Board recommended to the Scott County Board of
Commissioners approval of the Scott-Hennepin Regional Trail
Corridor Land Acquisition Phase Master Plan incorporating
approximately 7.5 miles of abandoned railroad right-of-way
and recommended that funding be requested from the Metropolitan
Council for such acquisition.
- November 6, 1979 - The Scott County Board of Commissioners
adopted Resolution 79129 granting preliminary approval to
the Scott-Hennepin Regional Trail Corridor Land Acquisition
Phase Concept Plan and authorizing the submission of an offer
to purchase abandoned railroad rights-of-way for regional
trail and county highway purposes.
- April 1 , 1980 - The Scott County Board of Commissioners adopted
a motion to authorize initiation of condemnation proceedings
for acquisition of rights-of-way identified in the approved
Master Plan for the Scott-Hennepin Regional Trail contingent
on plan and funding approval by the Metropolitan Council .
- Aucipt 28, 1980 - The Metropolitan Council approved the
Scc t'Hennepin Regional Land Acquisition Phase Concept Plan
and itsInding in the amount of $175,000.00.
-4-
- December 16, 1980 - The Scott County Board of Commissioners
requested that the City of Prior Lake join with the County
in preparation of an acquisition and development plan for the
acquisition for trail and county highway purposes.
- March 2 , 1981 - The City of Prior Lake adopted Resolution No.
81 -5 encouraging the Scott County Board of Commissioners
to acquire by negotiation or condemnation the abandoned
railroad right-of-way from the Grainwood Bridge to the
east section line of Section 17 in Credit River Township.
IV. Land acquisition negotiation efforts:
This section addresses specific negotiation efforts with the
railroad company and the Farmington-Shakopee Association, Inc.
A. November 1979 the District and Scott County submitted an offer
to the railroad company for purchase of the abandoned right-
of-way from its intersection at County Road 17 in the City of
Shakopee south to the east section line of Section 17 in
Credit River Township. Offer was refused on the basis that
dollar values in downtown Prior Lake area (station ground
properties) were too low and railroad company was unwilling to
dispose of less than all of the right-of-way between the cities
of Shakopee and Farmington.
B. In November 1980 the Farmington-Shakopee Association, Inc. acquired
railroad right-of-way between cities of Shakopee and Lakeville,
excluding station ground properties. In March 1981 the
Association, after transferring title to several parcels to
Association members , offered remaining parcels for public sale.
The majority of the property south and east of the Grainwood
Bridge was included in the offer for sale by the Association.
C. On April 6, 1981 Scott County, in cooperation with the City of
Prior Lake and the District, submitted an offer for the purchase
of Farmington-Shakopee Association, Inc. right-of-way south and
east of the Grainwood Bridge to the east section line of County
Road 17 Credit River Township. Initial offer by the County
($115,000.00) for conveyance of the property by warranty deed
was refused. A subsequent offer by the County for a reduced
amount of right-of-way in the amount of $110,000.00 if conveyed
by warranty deed or $90,000.00 if conveyed by quit claim deed was
also refused. The Association responded to Scott County by
offering to sell property within the acquisition boundary plus
additional parcels for $152,820.00.
V. Land acquisition plan:
With the City of Prior Lake, the Hennepin County Park Reserve District
and Scott County all having an interest in acquiring the abandoned
railroad right-of-way for the public purposes described above, their
respective roles are as follows:
-5-
A. It was determined that the District should not take a lead role
in the acquisition efforts, in that it would be inappropriate for the
District , as a special park district, to acquire road right-of-way.
Land acquisition (continued negotiation or condemnation) will
be undertaken by the City of Prior Lake for properties within its
corporate limits. Specifically, this would include the right-of-way
between the Grainwood Bridge and County Road 87.
B. Scott County will acquire property south of County Road 87.
C. The District will review all negotiation efforts involving
properties included in the regional trail corridor.
D. The negotiation and/or condemnation efforts undertaken by the City
and the County will be coordinated. Condemnation powers would
be used only if reasonable negotiation efforts fail or for
settlement of any adverse claims. (See also V.E.4.) Use of
condemnation powers will require approval by the governing bodies.
E. When acquisition is accomplished and if the railroad property is
conveyed by quit claim, there may be potential for adverse claims.
Such claims can be dealt with by the acquiring body in several ways:
1 . Accept the quit claim deeds, file the deeds and wait for
adverse claims. Such claims will be dealt with as the need
arises.
2. Accept the deeds and commence a "quiet title" proceeding
to clear the title, but any claims arising due to the
notification in the proceedings would have to be resolved.
3. Title insurance may be obtained on the purchase that would
defend the title not for marketability but to insure the fair
market value of the property if a future adverse claim were
sustained.
4. A condemnation action may be undertaken to clear title of adverse
claims (similar effect as of quiet title proceeding) as well
as acquire the property from the owner of record.
VI . Land Acquisition cost participation:
The trail corridor within the segment from Grainwood Bridge to Trunk
Highway 13 will utilize one-third of the 100-foot right-of-way.
The balance of the right-of-way would be used for County roadway.
Between Trunk Highway 13 and County Road 87 the trail corridor will
utilize the two-thirds of the 100-foot right-of-way, with the
County roadway realignment utilizing the balance. From County
Road 87 south to the east section line of Section 17, the right-of-
way will be used exclusively for County roadway purposes. The City
of Prior Lake will bear _ percent of the roadway acquisition cost of
the right-of-way between Grainwood Bridge and County Road 39. Scott
County will bear — percent of the roadway acquisition cost of the
right-of-way between Grainwood Bridge and County Road 39 and 100
percent of the acquisition cost beyond County Road 39.
-6- C 3/'
The District has received a grant from the Metropolitan Council for
purchase of the abandoned railroad right-of-way that is to be used for
trail corridor purposes. Accordingly, these funds will be used for
the purchase of the trail corridor right-of-way between Grainwood
Bridge and County Road 87. In other words, from Grainwood Bridge
to County Road 13, the District will pay for one-third of the
right-of-way and from Trunk Highway 13 to County Road 87, the
District will pay for two-thirds of the right-of-way.
VII . Designs plans:
The County Highway Department and the District will cooperatively
prepare design plans for the roadway and trail construction.
Included in the design plans will be cost estimates, construction
phases and dates.
VIII . Development:
The City of Prior Lake and Scott County will pay for development
of the County roadway within the City of Prior Lake. The City
will be responsible for all costs associated with construction of
the sidewalk, curb and' gutter. The County will be responsible
for all excavation, base and paving costs. The City and County
will share the cost of storm sewer construction.
The Metropolitan Council has included $1 ,235,000.00 in its
1982-1986 Capital Improvement Program for development of the Scott-
Hennepin Regional Trail Corridor.
IX. Continued planning efforts:
The trail corridor project north of the Grainwood Bridge, as
identified in the Master Plan submitted to the Metropolitan
Council , utilizes the abandoned Chicago, Milwaukee, St. Paul &
Pacific Railroad right-of-way. With the sale of the right-of-way
to adjacent property owners along much of the area, alternative
trail corridor alignments will be sought. These alignments
may incorporate portions of County road right-of-way (existing
and proposed) . The City of Prior Lake may be in a position to
assist in securing right-of-way through its subdivision dedication
policies. In addition, these dedication policies could play a
significant role in securing the proposed trail corridor connection
to Spring Lake Regional Park.
GAM:DEM/af
12-15-81
PROCEEDINGS OF THE
BOARD OF ADJUSTMENTS AND APPEALS
Regular Session Shakopee, Minnesota December 10, 1981
Vice-Chrm. Perusich .called the meeting to order at 7:44 P.M. with Comm. Stoltzman,
Rockne and Vierling present. Absent were Comm. Koehnen, Comm. Coller and Chrm.
Schmitt. Also present was City Planner Don Steger.
Vierling/Perusich moved to approve the minutes of November 12, 1981 as kept. Motion
carried with Comm. Rockne abstaining.
Vierling/Perusich moved to adjourn. Motion carried unanimously. Meeting adjourned
at 7:45 P.M.
Don Steger
City Planner
Diane S. Beuch
Recording Secretary
/ 7
PROCEEDINGS OF THE PLANNING COMMISSION
REGULAR SESSION SHAKOPEE, MINNESOTA DECEMBER 10, 1981
Vice-Chrm. Perusich called the meeting to order at 7:45 P.M. with Comm. Rockne,
Stoltzman and Vierling present. Absent were Comm. Koehnen, Comm. Coller and Chrm.
Schmitt. Also present was Don Steger, City Planner.
Vierling/Stoltzman moved to approve the minutes of November 12, 1981 as kept. Motion
carried with Comm. Rockne abstaining, due to his absence at that meeting.
PUBLIC HEARING - J.I. Case Co. CUP (PC 81-7C)
Perusich/Vierling moved to open the public hearing on the request for a conditional
use permit to install three underground bulk liquid storage tanks in a B-1 Zone.
Motion carried unanimously.
The City Planner stated the applicant is the J. I. Case Company, located within
Case 1st Addn. and is requesting a Conditional Use Permit to install three underground
tanks for the bulk storage of liquids at their new facilities under construction.
He stated the tanks would consist of a 2,000 gallon gasoline storage tank; a 2000
gallon diesel fuel storage tank and a 1000 gallon drain oil storage tank. He added
that staff recommends approval.
Vice-Chrm. Perusich asked if there was anyone in the audience who wished to comment
on this matter, and there was no response.
Rockne/Stoltzman moved to close the public hearing. Motion carried unanimously.
Rockne/Stoltzman offered Conditional Use Permit Resolution No. 292, to allow for
the installation of three underground liquid storage tanks for the J.I. Case Co. ,
Hwy. 101, and moved its adoption. Motion carried unanimously.
PUBLIC HEARING - Amendment to City Code (Small Subdivisions)
Rockne/Vierling moved to open the public hearing on the amendment to the Shakopee
City,Code Subdivision Regulations, Section 12.08, Small Subdivisions. Motion carried
unanimously.
The City Planner stated that policies regarding lot splits have been agreed upon by
the Planning Commission and the City Council and what is needed now is to take the
policies and formally make them a portion of the subdivision regulations. The City
Planner then read the new policies.
Vice-Chrm. Perusich asked for comments from the audience.
Gary Eastlund stated that he was one of the members on the Subdivision Ad Hoc
Committee that studied the ordinance and the reason it was put in the ordinance
was to speed up the small subdivision process and eliminate some costs for developers
in Shakopee. He said that when you have an existing lot, there is no reason to go
through the whole platting process and hire an engineer to prepare hardshell, etc.
He added that the Subdivision Ad Hoc Committee's intent was to try and encourage
development in Shakopee and developers need the flexibility. On an existing lot
that has sewer and streets, etc. , there is no reason to go through any further
procedures; developer should only need a metes and bounds description and just
to to Planning Commission for a review. That way the Planning Commission doesn't
lose any control because at the review it can always request the full procedure if
there are any problems with the lots.
Cnl. Leroux arrived at 8:00 P.M.
Shakopee Planning Commission
. December 10, 1981
Page 2
Dick Wiggin stated he can't believe you can plat property and two months later have
to replat when you put a building on it. He stated it takes a year to get through
the'procedure now, and it will take longer with this new policy. This lot split
policy, as being proposed, will force builders to have two sets of hardshells on
the same piece of property. He has an investor to buy his four-unit building, but
now if he has to replat each lot and prepare new hardshells, the investor is not
going to be interested. The only other community he knows that does this is Maple
Grove. He stated this policy is discriminatory against townhouses and condominiums.
Further discussion followed.
The City Planner stated one problem they are trying to deal with is when a duplex
is built 10 years ago, with no separate utilities for the split and a developer
later wants to split it. Gary Eastlund stated that the Planning Commission does
not lose any control as it is. It still has the right to require the formal platting
process in such cases, but the lot splits having no problems can be handled easier.
The City Planner stated this whole discussion started because he didn't know what
this section said, as it was written so vaguely. He asked several people for an
interpretation and got several different answers. He read the ordinance on simple
lot splits as it exists now. He stated he originally suggested simple lot splits
could be done administratively. He knows that many communities do that.
Dick Wiggin stated that things are changing in City Hall. The first time he came in
for a permit, he only needed one building permit for a 4-unit townhouse. The next
time he was required to have a separate building permit for each four units. That
really increases the cost. Cletus Link stated it costs about $1,000 for engineering
services for a hardshell. He asked why a new hardshell is needed.
More discussion followed.
Vice-Chrm. Perusich stated that Comm. Coller and Chrm. Schmitt had some very strong
feelings on this issue, and he suggests not formally taking any action until their
input can be ob+ained.
The City Planner suggested the ordinance be re-written more clearly to require only
a simple review by the Planning Commission, that a survey is required but not
hardshell, and that the Planning Commission have the option of requiring the formal
platting procedure if there are problems.
Rockne/Vierling moved to have the City Planner draw up his suggested rules and regu-
lations pertaining to simple lot splits as discussed tonight, and continue the public
hearing on this matter to January 7, 1982, when Comm. Coller and Chrm. Schmitt can
be present. Motion carried unanimously.
AMENDMENT TO REDEVELOPMENT PLAN FOR ELDERLY HIGHRISE
The City Planner stated that this action is a request of the HRA Director to extend
the original boundaries of the redevelopment plan for Elderly Highrise Redevelopment
Project No. 1. This would extend the boundaries to between Atwood and Scott Streets
because Levee Drive is planned to be continued to the west to tie into Scott Street.
Vierling/Stoltzman moved to find the "Amendment and Modification to the Amended Re-
development Plan for the Elderly Highrise Redevelopment Project, Project No. 1" in
• conformance with the comprehensive plans for the development of the City, the Zoning
Ordinance and any other general plan for the development of the Project area and
surrounding area, said opinion to be forwarded to the Mayor of the City of Shakopee
in a letter by the Chairman of the Planning Commission. Motion carried unanimously.
Shakopee Planning Commission
December 10, 1981
• Page 3
SANDLEWOOD EXTENSION
The City Planner stated he has received a request for a one-year extension of the
Final Plat application for Sandlewood Addition. He explained the location, back-
ground and request for extension. He stated that staff recommends the denial of
the extension because the Preliminary Plat was approved 22 years ago. However, the
staff also recommends that the Preliminary and Final Plat could be viewed simultan-
eously when submitted. .
Dave McGuire, Developer, was present and stated that when the Preliminary Plat was
first submitted, it was relatively simple and the developers were ready to proceed
at that time. However, the City decided it did not want a cul-de-sac at the end where
it comes up against Oakview and decided to seek acquisition of enough land to go
into Oakview and connect with that road. That is where the problems began as there
was a lot of resistance to tying into Oakview, and that was a lengthy process. That
is why its been 2'-z years since submission of the Preliminary Plat.
The City Planner stated that new subdivision regulations enacted since the submission
of the Preliminary Plat for Sandlewood Addn. , require more engineering data at the
time of Preliminary Plat. The developer would have to submit some additional data
for review for the Final Flat, but could use the same Preliminary Plat. This is
information that will have to be gathered by the developer to develop that property
anyway.
Dave McQuire stated he has no problem with that.
Rockne/Stoltzman moved to deny the request for an extension for Sandlewood; but also
moved to direct that both the Preliminary and Final Plats could be reviewed simul-
taneously when submitted to save the developer time and money. Motion carried
unanimously.
The City Planner informed Mr. McQuire that the City Council will probably act on
this matter at its T uesday meeting of December 15th.
Stoltzman/Vierling moved to adjourn. Motion carried unanimously. Meeting adjourned
at 9:00 P.M.
Don Steger
City Planner
Diane S. Beuch
Recording Secretary
)g
Proposed
1982 City Policies
For distribution to all member officials
These proposed policies are being mailed to all city
clerks and administrators for distribution to all officials.
Each mayor will also receive a copy. Additional copies
are available from the League office.
Member officials are urged to review proposals
developed by the six LMC Legislative Study Committees
and recommended by the LMC Legislative Committee
to the membership. Each policy has been designated
with an A, B, or C priority. An explanation of the mean-
ing of each level can be found on the reverse side of this
cover sheet.
Policies will be reviewed and adopted at morning
workshops at the 1982 LMC Legislative Action Con-
ference, Wednesday, January 27, at the Capitol Holiday
Inn, St. Paul. If there are questions or comments prior
to that date, contact committee chairs, vice chairs, or
League staff.
League of Minnesota Cities
Foreword
One of the most important purposes of the League indicated next to the title of each proposed policy.
is to serve as a vehicle through which municipal These priorities were developed by the study com-
officials throughout the state can define their mut- mittees and reviewed and, in some cases, modified
ual problems and develop positive policies and pro- by the Legislative Committee.
posals for their solution.
The priorities are intended to give additional
To accomplish this purpose a three-step consulta- guidance to the League Board and staff in imple-
tive process has been established providing for the menting the League's legislative program.
study of issues by committees of municipal offi-
cials, the review of the resulting recommendations `A"priority indicates a major issue, one where
by the Legislative Committee composed of the the League would introduce legislation or would
Board of Directors and the study committee chair- work actively with other groups to seek new laws
persons, and final adoption at a biennial legislative and regulations.
conference attended by representatives of all
member cities. "B"priority indicates items that are important
to cities but where the League would probably
The policy statements and legislative proposals spend substantially less time unless the legislature
continued herein are the result of this process and or other groups mounted a major effort to which
are intended to be of a continuing nature, sub- LMC had to respond. While the League might
ject to review and amendment every year. Thus, initiate legislation on "B"priority items, these
they will provide the Leauge Board of Direc- would be relatively non-controversial items, or
tors and the staff with a continuing source of those where most of the research has already been
guidance when testifying before legislative corn- completed.
mitt ees and taking other actions which have legis-
lative or policy implications. "C" priority indicates items where the League
would respond only when the issue is raised by
Priority designation. The priority designation is other groups.
Committee Choirs
Personnel, Pensions, and Labor Relations Development Strategies
Gerald Splinter, City Manager, Brooklyn Center, Meg Bye, Council Member, Duluth, Chair
Co-Chair Chuck Hazama, Mayor, Rochester, Vice Chair
Donald Ramstad,Council Member,Maple Grove,
Co-Chair Government Structure and General Legislation
Public Health and Safety Kathy Wutz, City Clerk, Duluth, Chair
John Patton, Mayor, Blue Earth, Vice Chair
Jerry Dulgar, City Manager, Anoka, Chair
Land Use, Environment, Energy,and Transportation
Revenue Sources
David Bangasser, City Manager, Wayzata, Chair
Pete Meinstma, Mayor, Crystal, Chair
I.DEVELOPMENT STRATEGIES 1-2. Community Development (A)
-1. Philosophy (A) To meet the objective of community develop-
ment we recognize that economic growth is es-
The sixties and seventies taught that natural sential. The League recommends that such a
resources are limited and government spending is community development policy be articulated
finite. Community development planning was and that it include the following elements:
recognized as necessary to focus local energies
in a constructive manner. Developmental and fiscal 1. To target and manage economic growth,
tools were created and legislated, and technical insofar as possible, toward meeting the
competence was acquired to implement these objective of community development.
policies. Governmental funding was poured into
the community development process. 2. For the state to encourage the preservation
of agricultural lands, wetlands, scenic
The eighties should be a decade of action. and recreational land, and to promote
With the focus, funding, tools, technical compe- conservation activities.
tence, and motivation to act, we must coordinate
and channel our efforts. We are in transition from 3. To direct policy towards the revitalization of
a "throw-away" society to a "reuse and recycle" existing cities and community centers in
society. We cannot afford to waste the substantial order to reverse the trend of dispersion of
capital investment already made by cities and pri- population and economic activity.
vate sector. We must build on this investment: to
reinvest, to the extent possible, in our existing 4. For the state to provide positive and nega-
cities with their in-place infrastructures; and to tive incentives to encourage community
manage our economic growth in a manner that focus for development.
will maximize the use of this investment in order
to hold down the cost of public and private ser- S. For the state to coordinate state investment
vices and energy necessary to support this econo- programs in such a manner so as to facilitate
mic growth. and encourage community development ef-
forts of cities.
Each year the legislature passes laws that have
substantial impact on the development and re- 6. For the state to work in close cooperation
development of cities. Many of these laws work at with local governments and the private
cross purposes because the state has not articulated sector to facilitate local objectives, wher-
a community development policy to serve as a ever possible.
framework for evaluating both the direct and spin-
off effects of legislative, administrative, and judi- 7. For the state to enable cities, to the extent
cial decisions affecting community development. possible, to solve their own problems.
Although elements of policy currently exist, these
elements need to be put together into a coherent 1-3. Industrial Revenue Bonds (A)
policy. By so doing, laws working at cross pur-
poses can be eliminated and areas where new The League supports the policy of this state
legislation is needed can be identified. to encourage cities to take an active role in their
economic development and redevelopment. This
This action must occur within a solid partner- policy is particularly expressed in Chapter 474
ship of cities,the state and the federal government, of the Minnesota Statutes, the Municipal Indus-
working together with business, labor, and neigh- trial Development Act. Chapter 474 provides
borhoods. By being included within the process, of the use of industrial revenue bonds by local
the private sector will learn that it can profit by units of government to prevent or remove blight
investing within a locally planned and implemented and economic deterioration, to create new jobs
framework, and that the cost of public services and retain existing ones, to maintain and streng-
within a reinvestment structure will be less expen- then tax bases, and to retain existing businesses
sive to their businesses than will unstructured and attract new business.
growth.
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The League has found that the current system The League requests that the Department of
for gathering and reporting data on the use of in- Energy, Planning and Development carry out a
dustrial revenue bonds is inadequate, and sup- state local fiscal study and provide a detailed
ports changes in Chapter 474 to require more de- assessment of the economic, physical, and social
tailed reporting of information to the Department conditions of all Minnesota cities so that effective
of Energy, Planning and Development. and realistic legislation and policies concerning
those cities may be developed. If the present
The League believes that the development and staffing, funding, and time constraints prevent
redevelopment needs of cities are very diverse, the completion of such a report, the legislature
and therefore recommends that no legislation be should extend and expand this study so that a
enacted which limits in any way the types of pro- comprehensive analysis can be carried out. In ad-
jects for which industrial revenue bonds may be dition, the League requests that the Department of
used. Energy, Planning and Development establish an
advisory committee for this study composed of
The League supports the principle of respon- local officials.
sible local decision-making and therefore would
recommend changes in the law to require that 1-5. Statewide Reinvestment Fund (C)
any unit of government issuing industrial revenue
bonds adopt and follow local guidelines setting Cities must identify additional sources of
forth conditions under which a project is consis- capital to assist in the financing of commercial
tent with a community's development plans or and industrial redevelopment that must occur.
policies and zoning requirements. Due to the growing need of older developed areas
to provide monetary incentives to stimulate pri-
Finally, the League supports working with the vate investment, and due to the lack of sufficient
legislature on any concerns that they have with local government resources for the cause, the
the use of industrial revenue bonds. League urges the legisalture to establish an econo-
mic reinvestment fund that would provide re-
1-4. Minnesota Cities Economic, Physical and development monies to be quickly targeted to a
Social Conditions Study (B) single business or small group of businesses within
a community for projects that would revitalize
Each biennium the legislature passes a number and help replenish a lagging tax base.
of laws concerning levy limits, municipal state aids,
property taxes, and other factors related to fiscal 1-6. Housing (B)
relationships of the various municipalities. Because
of the extreme variety of municipalities in Minne- The League continues to encourage the use of
sota, however, as to size, age, demographics, ser- tax-exempt financing for housing and supports
vices offered, level of service, methods of paying the Minnesota Municipal Housing Revenue Bond
for various activities, etc., these laws and the re- Act, M.S. 462C, passed by the 1979 Legislature.
suiting implied state policy have a drastically dif- However, there are certain types of city housing
ferent impact, both economic and social, on the needs which cannot be adequately addressed
various cities depending upon those cities existing within the confines of Chapter 462C.
characteristics. It seems logical that to develop
effective and responsible policy and law concerning Cities recognize that incentives for the con-
cities, characteristics and varying conditions of struction and rehabilitation of housing form a
cities should be well known and documented vital part of city redevelopment efforts to encou-
for the lawmakers. Therefore, in the same manner rage a healthy and diverse economic and social
as the legislature initiated an in-depth analysis of base. For that reason, the League of Minnesota
the cities of Minneapolis and St. Paul by the State Cities recommends that cities have the power to
Planning Agency, the study should not have to implement a program for the new construction
include a detailed analysis of all 855 Minnesota of both single family and multi-family owner-
cities, but could include a sample number from occupied housing within areas which qualify or
each general category (i.e., older developed suburb, could qualify as redevelopment districts as defined
developing suburb, metropolitan rural, metropoli- by M.S. 273.73. Construction of rental housing
tan free-standing, outstate older city, outstate also should be allowed in redevelopment areas
newer city, etc.) outside tax increment redevelopment districts
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where the property has been acquired by the city League recommends that MHFA institute a pro-
or HRA. Such housing redevelopment programs cedure whereby representatives of a diverse group
would not be subject to the limitations contained of cities can participate in decision-making as to
in Chapter 462C, as they would be part of a city's MHFA priorities in targeting funds to cities. Such
revitalization and redevelopment efforts. representative group shall be chosen in consulta-
tion with the League. The League further recom-
The League further recommends that cities mends that the Legislature amend M.S. 462A to
have the power to carry out a single family and require MHFA to consider city housing needs and
multi-family rehabilitation program, including the to incorporate city housing plans an programs
re-financing of existing mortgages or the financing into its allocation system.
of an acquisition if either or both are incidental
to rehabilitation work. The League further recom- 1-7. Tax Increment Financing (A)
mends that cities be permitted to do less than sub-
stantial rehabilitation for multi-family structures, Tax increment financing has permitted many
as long as they are located in or could qualify as cities in various parts of the state to define and
a redevelopment district under the tax increment carry out rehabilitation, redevelopment, housing,
statute. and economic development projects on their own
initiative. It represents the most feasible and effec-
Because of the federal Mortgage Subsidy Bond tive legal strategy which is currently available to
Tax Act of 1980, the ability of cities to conduct cities to preserve and improve their physical
housing programs has been severely constrained. and economic environment.
Federal law now has placed a cap on the dollar
amount of mortgage bonds that may be issued in The League commends the 1979 legislature
the State of Minnesota for 1981, 1982, and 1983. for passing one of the most flexible and compre-
Unless federal law is changed, tax-exempt housing hensive tax increment laws in the nation. The
bonds will cease to be after 1983, unless they legislation incorporates substantially the League's
fall within the specific exceptions set up by the position. The League believes that presently no
federal law. The federal law also includes tight substantive changes are necessary other than a
limits on arbitrage, which have the effect of pro- clarification relating to the qualification of un-
hibiting the great majority of cities from issuing improved land as a "redevelopment district"
housing bonds on their own. Federal law currently under Minnesota Statutes 273.73, Subdivision
specifies that 50% of the annual state ceiling is 10, Paragraph (3). The League supports legislation
allocated to the state, and 50% is allocated to to clarify that only costs due to unusual terrain
local issuing authorities. The legislature will have or soil deficiencies may be counted in qualifying
to act to change that allocation. The League unimproved land as a "redevelopment district,"
recommends that the Legislature enact the fol- and that costs related to road improvements
lowing allocation system: and other improvements which can be paid for by
special assessments be specifically excluded from
1) MHFA shall be allocated 100% of the state computing "the estimated cost of preparing
ceiling, except that any city that is able to issue the land for use" when qualifying unimproved
locally and wishes to claim its local share of the land as a redevelopment district.
state ceiling may do so through special legislative
action. Such city's shares shall be 41/2% of the The League further supports legislation which
average annual aggregate principle amount of would clarify that property consisting of vacant,
mortgages executed during the immediately unused, underused, inappropriately used or infre-
preceding three calendar years for single family quently used railyards, rail storage facilities or
owner-occupied residences located within the city's excessive or vacated railroad rights-of-way would
jurisdiction. 2) The League recommends that the qualify as a "redevelopment district."
MHFA re-examine its allocation system and priori-
ties such that a share of the annual state ceiling is 1-8. Hazardous Buildings (C)
targeted to cities in proportion to the percentage
of Minnesota households located in cities. Monies The hazardous building law, providing a proce-
targeted to cities should be spent in conjunction dure for repair or removal of hazardous build-
with city housing plans or programs, where such ings and the filling or protection of hazardous
plans or programs have been completed. The excavations, has been useful to cities in elimi-
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nating blight and upgrading neighborhoods. The Finally, the League supports technical changes
law should be retained in its present form, with to Minn. Stat., Chapter 429 which would remove
minor changes to clarify and simplify the process ambiguities from the law and make special assess-
where possible without impairing the protection ment procedures more workable for cities.
of the property owner's rights. The existing pro-
vision requiring use of the local improvement II. GENERAL LEGISLATION
assessment procedure is unnecessary since these
charges are reviewed by the district court. II-1. Uniform Information Practices (A)
1-9. Tax-Exempt Status of Land Held by Cities Under existing state law, it is necessary that the
For Development (B) legislature continue to classify that city data, the
release of which would adversely affect the public
In 1979,the Legislature changed the tax-exempt interest, the health, welfare, or reputation of the
status of land held by cities for later resale for data subject, or which would render unworkable
economic development purposes by limiting the a program authorized by law. As an alternative to
tax exemption to a maximum of three years. this very specific method of classifying individual
elements of data, the League recommends that the
The industrial and economic development pro- legislature adopt the approach taken by the Uni-
cess may extend over a long period of time. The form Practices Act, as developed by the National
current three-year time limit discourages cities Conference of Commissioners on Uniform State
from being active in establishing and maintaining Laws, and as modified to meet the needs of cities
local development corporations, from retaining in Minnesota. This approach will result in less
as much control as possible over their economic administrative burden on cities than the existing
development and planning process, and from being law as well as provide more flexibility in the release
selective as to the type of development which may of information.
locate in the city.
11-2. Open Meetings (B)
Therefore, the League of Minnesota Cities sup-
ports legislation to eliminate the three-year time City officials strongly support the basic premise
limit on the tax-exempt status of land held by of the open meeting law - to assure the public's
cities for later resale for economic development right to be informed about the conduct of public
purposes. business. Experience with this law since 1974,
however, indicates clearly that there are areas
1-10. Special assessments (A) where the legislation should make it more speci-
fic or should amend the law in the public interest.
Recent court decisions concerning special assess-
ments have made it more difficult for cities to use First, the law should specifically state that it
special assessments to finance a variety of neces- applies only to meetings where a quorum of the
sary activities. One particular problem area relates body is present, clarifying the present restrictive
to cities' financing of capital costs and annual interpretation.
operation, maintenance, or promotion expenses
connected with public malls, plazas, or court- The League also believes that there are certain
yards, pedestrian skyways, underground pedes- specific instances where the public interest would
trian concourses, or public parking facilities. be better served by permitting a local governing
body to meet in executive or closed session. These
The LMC supports legislation which would instances include discussion of labor negotiation
create statutory authority for cities to collect strategy, certain discussion relating to employees,
special service charges for the aforementioned and discussions regarding the purchase of land
operation, maintenance, or promotion expenses for a public purpose.
and which would remove any references to such
expenses in Chapter 429, which governs special 11-3. Adjusting Dollar Limits (B)
assessments.
Inflation has had an effect upon cities beyond a
The LMC also supports legislation which would mere exertion of upward thrust on budgets and
allow cities to finance the aforementioned capital expenditures. The legislature has quite consistently
costs and operation, maintenance, or promotion included within authorizing and enabling legisla-
expenses by the creation of special taxing districts. tion, limitations expressed in dollars. These dollar
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limitations, while quite appropriate at the time of The League opposes the following:
enactment, become progressively more constricting
with advancing inflation. Therefore, the League 1. A state-mandated requirement of candidates
recommends that certain of the more important for city office to file statements of economic
and often used authorizing statutes containing dol- interest because it is most likely to discour-
lar limitations be modified by application of a age many qualified candidates from seeking
constant dollar index figure calculated from the or continuing in office.
year of enactment, to the limitation set out in the
act. The modification should be made so that when 2. Campaign contribution limits or reporting
statutes relating to other statutes are modified,the requirements in cities with less than 20,000
dollar limitations are adjusted in a uniform man- population which are made unnecessary
ner. because of conflict of interest rules govern-
ing the actions of elected officials in all
11-4. Campaign Financing and Disclosure (B) cities.
Campaigns and elections to local office are 11-5. Collateral for Depositories (B)
the most important single contact between voters
and representative local government. On the whole, Depositories now are required to collateralize
the general public has more confidence in the the deposits of local government in the amount of
election process at the city level because the candi- 110%. Local depositories now serve as a valuable
dates are usually well known (especially in smaller market for bond issues of local school districts,
cities) and campaign activities are more visible than counties, and cities. If the amount of collateral re-
at other levels of government. Moreover, city quired is reduced, this market will also be reduced,
candidates running for offices which are, for the making it more difficult to sell municipal bonds.
most part, low paid, part-time, and non-partisan, Also, if the collateral is purchased by a state
are generally motivated by a sense of civic respon- agency on behalf of all depositories, the existing
sibility. cooperative arrangement between local deposi-
tories and local governments will be destroyed and
The League perceives no need for new laws local governments may deposit their funds in larger
in the area of local campaigns, although it could depositories located outside of the community.
support legislation which would simplify the elec- Therefore, the League recommends that the
tion process or would encourage rather than legislature keeps the collateral requirements for
discourage qualified candidates for local office. depositories at their present levels and opposes
any reduction, and also opposes the purchase of
The League supports the following: collateral by any agency other than a depository.
1. Extending income tax credits for contri- 11-6. Election Day Registration (B)
butions to city election campaigns;
The principal purpose of the Minnesota system
2. Eliminating unrealistic expenditure limits for of election day registration is to improve and in-
city campaigns and instead, giving cities the crease eligible voter access to voting. Unfor-
authority to establish limits on campaign tunately, the system has become more unworkable
contributions from individuals and organi- especially in the larger and faster growing cities,
zations as a means of controlling spending where individuals are not using the pre-election day
by candidates. registration and where there are a growing number
of multiple registrations adding to the costs of elec-
3. Giving cities over 20,000 the authority tions and to the frustrations of the voters. For
to enact campaign disclosure ordinances for these reasons, the League believes that registration
organizations and individuals. Requiring should take place before election day. The follow-
reports in cities over 20,000 of each contri- ing steps, however, would improve the current
bution over $100 or more from a single system.
source.
1. Election day registration and voting should
4. Eliminating any distinction between types of be permitted, but no mandated, to take
campaign committees in cities over 20,000. place in adjacent rooms.
- 5-
2. Certain penalties for election day infractions 2. Some cities have found it difficult or impos-
are so severe that they constitute a barrier sible to get bids for materials which are in short
to effective enforcement of the law. The supply, notably fuels. Since this problem is likely
League recommends that the laws be re- to worsen in the future, a mechanism should be
viewed and modified where necessary so created for making these purchases when compe-
that the laws can be effectively enforced. titive bidding has failed.
3. State law should be uniformly enforced 3. Problems arise in attempting to purchase
throughout the state. certain types of items through competitive bidding.
Two examples are 1) "high technology" items
4. Any future state-mandated election or regis- such as electronic data processing equipment,
tration programs should be accompanied where it is difficult or impossible to draw precise
by sufficient state funds to pay local costs specifications which allow true competition; and
on a continuing basis. 2) employee health insurance, where it is impos-
sible to precisely compare the respective cost of
5. A person other than an election official insured and self-insured plans. A more flexible
vouching for others should be limited "competitive proposal" mechanism should be
to five other persons other than immeidate strictly limited as to the types of purchases to
family. which it would apply, and should preserve the ele-
ments of open, impartial competition which is
6. A person's month, day, and year of birth the intent of competitive bidding.
should be required on a registration card
to assist in the identification process, es- 4. The requirement of accepting the lowest
pecially with the advent of electronic responsible bid should be modified to permit
voter registration systems. acceptance of either of the two lowest responsi-
ble bids or of any bid within 5% of the lowest
11-7. Personal Bonds (B) responsible bid over $100,000 and 10% of the
lowest responsible bid under $100,000; provided
Existing law specifically authorizes charter cities that if a government body accepts other than the
to use a blanket bond to cover any employee or lowest responsible bid, it shall state its reasons
officer who is required to be bonded. Since there for doing so.
seems to be no obvious reason for treating statu-
tory and charter cities differently in this respect, 5. The purchasing authority of city managers
the League recommends that the statutory city in Plan B cities should be increased from $1,000
code be amended to clarify that statutory cities to correspond to the figures in the Uniform Muni-
as well as charter cities may use a blanket bond cipal Purchasing Act.
to cover any officers or employees who are re-
quired to be bonded. 11-9. Tort Liability (A)
11-8. Purchasing and Contracting Issues (B) The Municipal Governmental Tort Liability
Act was enacted to protect the public treasury
1. The League does not believe that an extensive while giving the citizen relief from the arbitrary,
and comprehensive revision of the laws regulating confusing, and administratively expensive prior
cities' purchasing and contracting, such as would doctrine of sovereign immunity with its inconsis-
result from adoption of the American Bar Associa- tent and irrational distinctions between govern-
tion's Model Procurement Code, is needed at this mental and proprietary activities. The Act has
time. Amendments to existing law should be made served that purpose will in the past. However,
only to address specific, demonstrated problems increasingly, the courts forget or ignore the posi-
with the bidding and purchasing process. Any tive benefits secured to citizens damaged by pub-
amendments should recognize the differences lic servants as a result of enactment of the corn-
which exist among jurisdictions of different types prehensive Act which includes some limitations
and sizes, and should avoid requiring unnecessarily on liability and some qualifications of normal
complex procedures for purchasing and contract- tort claims procedure.
ing.
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Recent court decisions increasingly eroded 3. The limits on individual and aggregate lia-
the concept of a special act qualifying the tort bility under the municipal and state acts should
liability of local government. However, the special be made coincidental and raised to more realistic
vulnerability of far-flung government operations levels.
to debilitating tort suits continues to require
existence of a tort claims act applicable to local 4. In the event that the legislature determines to
governments or local governments and the state. make further changes in the existing law, those
In order to protect and continue the effective- changes should only be in the direction of making
ness of the Municipal Governmental Tort Lia- the local government tort liability statute more
bility Act, the League proposes the following similar to the state governmental tort liability
amendments. law.
1. The workers' compenstaion law presently 11-10. Home Rule (C)
gives an injured person or his representative an
option to collect damages in a regular civil action Minnesota's constitutional home rule policy,
against a tort-feasor who is not his employer or while permitting home rule charter in some cir-
to collect workers' compensation from his em- cumstances to depart from the provisions of sta-
ployer if the worker is eligible for workers' corn- tutes that would otherwise be applicable, has made
pensation for the injury. The workers' compensa- charters subject to the provisions of state laws
tion act grants workers' compensation insurers or when they express a policy intended to override
self-insurers paying such claims a right of subro- local charters. In implementing that policy, the
gation for the amount of the claim and reasonable legislature has often by a general law authorized
attorney's fees against the party causing the one or more classes of home rule charter cities to
damages. The governmental tort liability act, meet new problems for which existing charters
however, purports to remove the above mentioned listing city power in specific detail provided
election and to permit only the workers' compen- inadequate authority. It has also, by general law
sation claim if a city is the alleged tort-feasor. and increasingly by special law, removed charter
restrictions or imposed restrictions where the
In order to clarify the interaction of the two local charter had none. Following the adoption of
statutes, and to convince the courts that it is the the 1958 local government amendment to the
legislature's intent to permit only the workers' Minnesota Constitution, the legislature has, on
compensation claim against cities when the injured League recommendation, made it easier for cities
party is covered by workers' compensation from to adopt and amend charters and thus better able
his own employers, the right of the claimant's to meet local legislative needs at home.
insurer to recover the amount of compensation
payable together with attorney's fees should be set In an effort to provide for more consistent
out in the Governmental Tort Liability Act as well policy on the relationship between state law
as the workers' compensation statutes. and local charters, the League recommends to its
own member cities as well as the legislature the
2. Punitive damages do not serve their pur- following guidelines on meeting legislative needs
pose of making public employers exercise some of home rule charter cities:
modicum of responsibilty to the public if there is
a requirement or even a likelihood of reimburse- 1. Every general law applying to cities should
ment by the public employees. Nor is the likeli- state specifically whether or not it applies to
hood of promoting diligent and reasonable per- home rule as well as to statutory cities.
formance of duty enhanced by unlimited or large
punitive damage liability possibilities which en- 2. When a uniform state policy is not required,
courage officers and employees to shift the res- a law applying to home rule charter cities, whether
ponsibility to insurers and thus back to the public. applicable with or without local action, should
Therefore, the League urges that the Governmental authorize an affected city to supersede the law
Tort Liability Act be amended to permit, at the or any provision in it by charter action on the
discretion of the governing body, reimbursement same subject.
of punitive damages awards by public employers.
Further, the Act should be amended to limit 3. When a legislative problem can be met sim-
awards of punitive damages to $1,000,000 per ply by a charter amendment, particularly where
incident, an amount sufficient to permit vindi- amendment by ordinance is feasible, state legis-
cation of citizen rights when actual damages are lation on the subject should not apply to home
insignificant and to make public officers and rule charter cities. Some existing obsolete legisla-
employees take their responsibilities seriously. tion applying to home rule charter cities was re-
- 7 -
pealed by the 1976 Legislature; other similar any such revisions have been approved by the
legislation of doubtful current use should be League Board of Directors, they become part
repealed, perhaps with an effective date suffi- of the League legislative program.
ciently far in the future to permit any city for
which the legislation was later found useful to A study of existing laws indicates that almost
adopt an appropriate amendment to its charter. without exception laws confined to cities of the
second, third, or fourth class might more appro-
II-11. Cable Television (B) priately have been broadened when adopted so as
to apply to all three classes. The League, therefore,
Approximately 150 Minnesota cities receive recommends to the legislature that the practice
cable TV service, and under present state and of confining legislation to any such class be dis-
federal law cities are responsible for setting rates continued and that, except where very special
and can impose franchise fees. The League be- circumstances require use of some more limiting
lieves this law has allowed local communities to criterion, future laws intended for cities other
provide input into an important community than first class cities be drawn to apply to all
service and that it should not be modified to such cities.
diminish local control.
11-13. Regional Development Commission (C)
11-12. Improved City Code (C)
One of the principal purposes of regional de-
Municipal laws have been enacted in a piece- velopment commissions (RDCs) is to provide a
meal fashion over the years, often to meet a mechanism for intergovernmental cooperation
special need to a particular class of cities with little within which local elected officials and the units
regard to the desirability of applying the law to they represent can engage in working and planning
other cities or meeting broader needs as well. As together. It is becoming increasingly clear that
a result of this gradual accretion of miscellaneous one of the most significant tests of the commis-
statutes, the statute books have contained a sions' work is the extent to which they are in
hodge-podge of municipal laws, many incon- touch with the local constituency. Since RDC's
sistent or overlapping with other statutes, and develop regional plans, the League recommends
many confined to particular city classes though that the review and update process for those
addressing a problem shared by those excluded. plans be carefully reviewed by cities and other
The City Code laws adopted at League request concerned local governments, even before the
in 1973, and its amendments in 1974,were impor- plans themselves are considered.
tant steps toward a more rational and uniform
set of laws for Minnesota cities, and 1976 League- The under-representation on RDCs of the
sponsored legislation added to the improvement population that resides in cities continues to be
of the statutory framework for cities by repealing a problem. To provide a better balance between
numerous obsolete laws, eliminating inconsis- urban and rural interests, the League recommends
tencies, and making explicit the applicability that the Regional Development Commission
or non-applicability of specific laws to statutory Act be amended to provide that the largest city
and home rule charter cities. in each county, whatever its size, be represented
on the commissions, in addition to the present
To continue this ongoing project of developing membership. Furthermore, the League endorses
a more rational statutory code for cities and to explicit membership selection procedures and
provide more uniform statutory patterns for publicity about them which involve all concerned
related municipal laws, the League recommends local units. In addition, the act should be amended
that the staff, in cooperation with the legislative to require that ail substantive power of a regional
research agencies and other interested groups, development commission be exercised by the corn-
prepare legislation revising and making into a mission as a whole.
consistent whole with as broad applicability as
possible and without controversial changes, the 11-14. Uniform Local Government Election Day(C)
various statutes relating to certain subject areas
most in need of such revision, including the laws Minnesota has encouraged decision-making at
on city depositories, city support for music and the local level of government by providing flexi-
bands, municipal advertising expenditures, local bility in approaches to the diverse needs of cities.
boards of health, and use of liquor store funds Under the Constitution, any city may adopt a
and municipal utility establishment and opera- home rule charter which, except for matters of
tions. The League further recommends that when overriding state interest, removes that city from
- 8 -
legislative control. The statutory City Code pro- 3. In redistricting, counties must follow city
vides optional forms of government for all other ward and precinct lines, but these are the
cities to take into account individual differences. old boundaries which, in many cases, will
The dates of city elections are set at any time need to be changed before the 1982
by a home rule charge city or in November in odd (or 1992) elections.
or even years for statutory cities. The League
strongly believes that decisions affecting only To alleviate the problem, several considerations
local units of government should be made at the were addressed. For cities without elections this
local level unless an overriding state interest fall and next spring and for counties which have
can be demonstrated. For this reason, the League no elections until 1982, there is no urgency to re-
remains opposed in principle to any uniform district before January, 1982. The legislature
local government election day that precludes also has no election until 1982, and therefore, it
the present options. is not obligated to complete its respportionment
before January 1 of an even-numbered year.
If the legislature determines that a uniform
local government election day is justifiable, the On the basis of these factors, the League recom-
following features should be considered. mends that the law relating to county redistricting
be changed to require reapportionment within 60
1 . Home rule charter cities should retain days of the completion of legislative redistricting
the option of setting their own election and 120 days before the September state primary
date. election date in even-numbered years.
2. A municipal primary election should be 11-17. Validating Absentee Ballots (A)
optional as it is presently.
Current law requires at least two election judges
3. All direct costs of state-mandated changes to initial each absentee ballot before it is deposited
and additions to present city election in the ballot box. In the interest of speeding up
duties should be paid by the state. the counting on election day, while still providing
that only valid absentee ballots are cast, the League
11-15. Voting Equipment (C) supports having the county auditor or municipal
clerk affix the official seal to ballots at the time
The League supports present law which allows of their delivery to the voters.
a city the option of selecting which state-approved
equipment it determines will best suit its needs, 11-18. Percentage of Votes to Adopt or Amend
based on local factors, and opposes any state- Charters (B)
mandated system of voting equipment. The League
also supports amending state law to allow use of Currently, home rule city charters may be a-
punched cards for absentee ballots. dopted or amended by a favorable vote of 51%
of those voting on the question. In 1981, the
11-16. Precinct Boundary Changes (C) legislature considered a bill to raise the percen-
tage to 55% of those voting on the question, the
Experience with the need for reapportioning percentage in effect before 1969. Returns of a
city wards and county commissioner districts after survey of home rule cities showed that a signi-
the 1980 census has shown that there are some ficant majority of cities chose to retain the pre-
barriers in the present law to achieving a desir- sent law. The League, therefore, opposes any
able coordinated result. The problem arises be- change in the required percentage.
cause:
11-19. Joint Powers Act (A)
1. Current law requires counties to redistrict
the commissioner districts within 180 days The existing Joint Powers Act should be broad-
after receiving final census figures from the ened to remove the commonality requirement,
Secretary of State (September 21, in 1981). thus enabling one governmental unit to be able
to provide a service or function on behalf of
2. Cities, with some exceptions, are not per- another governmental unit without the require-
mitted by law to change precinct boun- ment that both have the power to perform the
daries during a five-year period ending service or function.
January 1, in a year ending in two.
-9 -
II-20. County Subordinate Service Areas (B) 1. An adequate level of highway user funds
should be maintained so that highway
Counties should be given the authority to maintenance may be continued, additional
create subordinate service areas to proivde only highway construction may occur, and ade-
those services which counties presently provide, quate funds be available for the state-aid
including the power to tax for the provision street program. Since license fees were
of service. Before the service area can be estab- recently raised, the League suggests that
lished, its creation must be agreed to by the towns only an increase in the gasoline tax be made
and cities affected. to maintain this fund. The inequities in the
motor vehicle license fee schedules should
III. LAND USE ENVIRONMENT, ENERGY be eliminated.
AND TRANSPORTATION
2. The special state bonding program should
1ll-1. Shade Tree Disease Control (A) be continued to provide funds for counties,
towns, and municipalities for the replace-
In 1977, the State Legislature made a major ment or repair of bridges. The League sup-
commitment to control Dutch Elm and Oak Wilt ports amending the state constitution to
Disease. In 1979, the Legislature renewed its corn- modify the limits on the interest rates on
mitment and set a target level for grants to muni- sales of these bonds so that they may be
cipalities of 50% for sanitation and reforestation sold.
grants. In 1981, the Legislature reduced its com-
mitment to minimal levels as a result of the lack of 3. At least the existing level of funding for
state revenue. There is no doubt that shade tree mass transit should be maintained by the
disease is continuing to spread throughout the state. The distribution formula should be
state and will remain a major problem for most reviewed by the legislature to assure the
cities for several coming years. The League urges fairness in treating the existing variety of
the Legislature to continue its commitment to city mass transit systems.
the Shade Tree Disease Control Program.
4. The League supports the continued dedi-
The grant program should be funded to achieve cation of the sales tax on new motor vehicle
a 50% grant to cities for sanitation. If state funds sales for transportation purposes.
are available, reforestation grants should also be
made available. The Legislature should permit 5. The possibility and feasibility of utilizing
cities to match these grants from tax dollars, existing railroad trackage as part of a fixed
special assessments, and other sources. guideway and/or light rail mass transit
system should be addressed and, if existing
111-2. Transportation (A) railroad trackage/right-of-ways are peti-
tioned for abandonment, these should be
An efficient transportation system is a vital ele- preserved by the state through alternate
ment in planning for the fiscal, economic and public use until rail systems once again be-
social development at state, regional, and local come economically feasible or needed be-
levels. Since the agricultural and recreational cause of energy considerations.
economy of the state and its cities are dependent
upon highway transportation, it is necessary to 111-3. Agricultural Preservation (B)
determine the long-range highway needs to assure
the vitality of the state's economy. Furthermore, Those public policies which encourage sub-
environmental concerns and the need to conserve stantial development in non-urban areas and which
energy require that alternate modes of transpor- extend public services beyond existing jurisdic-
tation be utilized in meeting the diverse needs tions and service areas seem to be largely exposed
which exist in various communities and regions of as wasteful and counter-productive. There is also
the state. In order to provide a more adequate increasing recognition that cities offer a variety of
state governmental structure and funding mecha- lifestyles that conserve energy, and that they are
nism for transportation system planning and de- already centers of substantial public and private
velopment, the League recommends that the investment. Finally, there is increasing recognition
following changes be made: that the prime agricultural land of Minnesota is
- 10 -
a major natural and economic resource and that a no longer qualifies for tax abatement, then land
major objective of any land use strategy is the should be assessed consistent with its planned
preservation of this prime agricultural land. The use; however, that portion of the Green Acres law
League endorses a policy of urban conservation providing for payment of special assessments
based on these precepts. There are several steps should be modified to allow an extended pay-back
that should be taken to: 1) strengthen the present periods, at local option. When any qualifying land
land use controls exercised by cities and coun- is sold, the sale would automatically bring it back
ties; 2) provide a framework for orderly, planned to the local government for reconsideration of the
growth for cities through the Minnesota Munici- tax deferment and abatement status. Finally,
pal Board; 3) discourage scattered development, there should be no automatic "roll-back" or recap-
especially those developments located on agricul- ture of the difference in tax revenues. Actual
tural land, wetlands, or other land needing pro- roll-back provisions could be negotiated locally
tection; and 4) provide the necessary policy direc- or determined in local ordinances.
tion concerning land-use decisions which clearly
have statewide or regional implications. To this III-4. Solid and Hazardous Waste Management (A)
end, the League has developed several proposals
which address various aspects of the problem. The problem of solid and hazardous waste dis-
posal will be one of the major environmental
Agricultural preservation. The state should issues of the next decade. Legislation addressing
establish a policy encouraging the preservation of this problem enacted in 1980 responded to the
prime agricultural land which discourages the following concerns of the League, and this legis-
development of such land outside areas to be lation should not be amended to diminish the
served by a municipal community and encourages emphasis on these concerns:
regional agencies and local governments to adopt
agricultural preservation policies and ordinances. 1. Planning for solid waste disposal. The
agency or agencies responsible for develop-
The state should bank and interpret useful data, ing plans for solid waste disposal should
including relevant soil-type information, on prime first identify the types of solid waste in-
agricultural land that will assist local governments volved and the sources of the solid waste.
in their preservation efforts. The League urges the The plan should give first priority to alter-
legislature to establish a committee representing native use of solid wastes, including genera-
local government as well as other interested parties tion of energy and recycling. Determination
to propose an agricultural preservation strategy of the applicability of these alternative types
to the 1979 Legislature. of disposal systems should be made prior to
the land-fill siting process. Site selection
Local and regional governments should be re- standards and criteria should be developed
quired to include an agricultural protection ele- prior to the siting process and should be
ment in their comprehensive plans and zoning subject to exhaustive public hearings and
ordinances. Chapter 15 Administrative Procedures Act
requirements.
Interim or fringe area land. The Minnesota law
that provides preferential property assessments 2. Planning for hazardous waste disposal. A
for agricultural property (i.e., the Green Acres statewide plan for the disposal and regula-
Act) is principally aimed at transitional or fringe tion of hazardous waste must be developed.
area land. Hazardous waste must be defined and the
sources identified by type, volume, loca-
The law should be modified so that it provides tion, and generator. Those responsible for
a positive tool for municipalities and counties in generation must be involved in solving the
influencing orderly development. Specifically, land disposal problem. Hazardous waste genera-
would qualify for Green Acres status only when tors must be encouraged to modify produc-
it qualifies under a local government's compre- tion processes to reuse or recover as much
hensive plan or zoning ordinance, or is approved by waste as possible and to use less hazardous
the local governing body. Also, adequate controls raw materials in their process. Hazardous
should be provided to ensure an orderly transition waste generators must be required to handle
to urban uses, including city determination of the wastes that are produced in such a way
when the land no longer qualifies for tax abate- that will allow these wastes to be identi-
ment and/or assessment deferral. When the land fied, collected, and recycled or to be dis-
- 11 -
posed of in a technological and environmen- established outside of levy limitations to
tally sound manner. Determination must be pay for the costs of operating and main-
made of the types of disposal facilities taining a landfill, in order to assure that
needed, how many, and the general geo- adequate funds will be available to imple-
graphic locations prior to the siting process. ment environmental protection measures.
Site selection rules and criteria must be
adopted prior to the siting process and must 5. Clean-up of hazardous substance loca-
be subject to Chapter 15 Administrative tions. The legislature should establish a
Procedures Act requirements. The state as state fund to finance long-term monitoring
a whole should be considered when selecting of disposal systems and sites, the clean-up
the site or sites for resource recovery and/or of existing hazardous substance locations
disposal of hazardous wastes. Incineration and future spills of trans-shipment of hazar-
as a means of disposal or as a volume reduc- dous waste, and for the design and imple-
tion technique should be given serious mentation of projects required to mitigate
consideration as part of the disposal system. the impact of pollution emanating from
If landfilling of various types of hazardous hazardous substance locations, solid waste
waste becomes necessary, prime considera- landfills, and wastewater sludge disposal
tion should be given to geological accepta- areas. The state fund could be financed
bility of various sites, fail/safe design of the through a surcharge on solid and hazardous
facility, safe operating standards, and ade- substance disposal and on wastewater
quate long-term monitoring by the State sludge, as well as through amounts col-
during operation. lected by the state through the court system
from disposers of hazardous substances.
3. Participation in planning process. All the
levels of local governments, including Legislation clearly defining the liability of
cities, together with private industry, must disposers of hazardous substances should be
be encouraged to participate in the entire enacted. Innocent landowners of existing
planning process and also to provide solu- hazardous substance locations should be
tions to the problems where feasible. Re- protected from liability but should be
source recovery systems and landfilling of encouraged to clean up the hazardous
solid wastes are appropriate roles for local substance through financial incentives.
government. Because of the complexity of
dealing with hazardous wastes, a state Municipal liability for damages from impro-
agency should have the primary responsi- per disposal of hazardous substances on
bility for operation of hazardous wastes public property in other than a state permit-
recycling and landfill facilities, to the ted hazardous waste disposal site, should be
extent that hazardous waste disposal solu- limited to the amounts specified in the
tions are not forthcoming from private Municipal Tort Claims Act.
industry.
Ill 5. Eminent Domain Law (B)
4. Incentives. Because the sites for the disposal
of solid and hazardous waste will be located In recent years, amendments have been made to
within the geographic boundaries of poli- the eminent domain law in an effort to safeguard
tical subdivisions, incentives should be pro- the interests of the property owners who become
vided by the state to both the host of involved in this process. Taken as a whole, how-
facility, and the local governmental unit ever, the present procedure seems to result in the
establishing and maintaining the facility. public paying excessively high prices for land.
Specifically, consideration should be given Therefore, the League believes the entire process
to payments in lieu of taxes to the host provided in the law should be critically reviewed
community for the property removed from and streamlined. This examination should include
the tax rolls as a result of the location of a a re-evaluation of the advisability of making
facility. The host community and the corn- appraisals public information; the advisability of
munity operating or maintaining the faci- using a professional referee in lieu of three commis-
lity should be protected by the state from sioners to establish the value of the land; and the
severe liability problems. Grants should be legality and feasibility of collecting property taxes
made available to communities operating on property for several years in instances where
innovative landfills. A special levy must be the award is substantially in excess of the market
- 12 -
value of the property for tax purposes.The League As a result, small cities may be required to install
Board should establish a task force to study emi- very costly central collection and treatment sys-
nent domain, its alternatives, and relocation tems without regard to cost/benefit considerations
practices and costs. or their ability to finance the continuing opera-
tion of such systems, and larger cities are dis-
II-6. Planning Grant Program (C) couraged from using alternative strategies where
they might be appropriate. Consequently, the
The state matching grant program which pro- League recommends that both federal and state
vides funds to increase the local planning capa- pollution control programs be modified to permit
city of cities and counties was instrumental in low interest loans and grants to upgrade alterna-
encouraging many cities which otherwise might tive environmentally sound systems and to finance
not be involved in land use planning to implement other means of on-site disposal of domestic and
land use planning measures. However, because of commercial wastes in small cities. The League en-
the possibility that new mandatory planning pro- courages mandatory standards for individual on-
grams may be instituted by the Legislature, the site disposal systems.
League recommends that should these new plan-
ning programs be mandated, that the Legislature III-9. Intergovernmental Strategies (C)
participate in the funding of these planning activi-
ties and in the implementation of these activities During the last several years, the Minnesota Pol-
through a grant program. lution Control Agency has taken several steps
which have markedly improved the working rela-
III-7. Environmental Impact Statement Process (C) tionship between its own staff and local govern-
ment officials. The decentralization of its staff
The rules and regulations which have been in regional offices, the increasing willingness to
adopted by the Environmental Quality Council provide technical assistance to local governments
governing the environmental impact statement and the appointment of an advisory council com-
process have gone a long way toward integrating posed of local government officials, have each
this process into the pre-existing legal procedural contributed to better communication and coopera-
framework in local units of government. The tion. The League endorses these efforts and urges
result has been to reinforce the traditional role of the Minnesota Pollution Control Agency to con-
local government in land use and related decisions tinue to involve local officials in the mutual ef-
which are primarily of local concern. Furthermore, fort to improve the effectiveness of our efforts
the assignment of a major portion of the finan- to preserve and improve our environment, and
cial responsibility for the preparation of any neces- encourages all state agencies to do the same thing.
sary environmental impact statement to the party
initiating the new development, relieves local III-10. Minnesota Municipal Board (C)
government of what could be a significant financ-
ing burden. Nonetheless, there may be circum- Since its organization, the Minnesota Municipal
stances where it would be in the public interest Board has strengthened municipal government by
to have an environmental impact study conducted providing a means for the orderly and intelligent
which could not or should not be assumed by the evaluation of proposed incorporations, consoli-
party initiating the new development. Therefore, dations, and annexations throughout the state.
the League recommends that cities continue to be Recent additions and changes in the Board's
permitted to undertake such a study with their authority in annexation areas will encourage and
own resources. Furthermore, the petition proce- foster an assessment of the consequences for
dure should be revised to provide that only regis- governmental framework of certain kinds of
tered voters who are residents of the affected development and services in urbanizing fringe areas
area, may sign petitions requesting the prepara- around cities. The League commends the legisla-
tion of an environmental impact statement. ture for making this change and recommends that
no further changes be made in the annexation laws
III-8. Flexible Approach to Pollution Control (C) until the current system has been evaluated through
its application by the Municipal Board to annexa-
The present federal and state programs for the tion situations.
abatement of pollution problems tend to rely
heavily or exclusively upon single solution ap- In 1979, the legislature adopted an orderly pro-
proaches which are not necessarily appropriate or cedure for the consolidation of cities. This pro-
economically feasible in very small communities. cedure should be broadened to include the conso-
-13-
lidation of entire townships within the city con- of municipalities under the Municipal Land Plan-
solidation process. ping Act. However, a city should retain, at its own
option, exclusive two mile extraterritorial author-
The League supports the clarification of the ity for all land use control, including zoning, and
annexation law to permit a city to agree to com- subdivision controls.
pensate a town for loss of tax revenue for a limited
period of years as part of an orderly annexation III-14. Water Management (B)
proceeding.
Nater crosses the boundaries of political sub-
III-11. Orderly Annexation (C) divisions. Thus, water management is an intra-
jurisdictional problem. In dealing with this prob-
1. To increase local government cooperation lem, the League recommends that the legislature
in orderly annexation proceedings, when the city utilize the existing general purpose units of govern-
and town jointly agree on the area to be considered ment (counties, cities, and towns) to the maximum
for orderly annexation, and when there is no extent possible.
objection by any other city, county or town, the
Municipal Board should not be able to modify Because of the continuing lack of available reve-
the agreement and may only accept or reject it. nue resources, the League opposes imposition of
mandated state water management programs at
2. The parties to an orderly annexation agree- this time.
ment should be permitted to agree to distribute
the land use responsibilities within the area, with III-15. Erosion and Sediment Controls (C)
no review by the Municipal Board. Any county
land use authority in the area should be suspended. The Legislature opposes any mandatory program
requiring cities to adopt and enforce sediment and
III-12. Municipal Fees for Administrative Actions erosion controls. Cities presently have the legal
Relating to Official Land Use Controls (C) authority to adopt these types of land use con-
trols. The League urges the Pollution Control
In order to clarify the existing law, municipali- Agency to develop a model ordinance and guide-
ties should be permitted to prescribe fees suf- lines to assist cities in becoming involved in these
ficient to defray the costs incurred to review, types of land use controls.
investigate, and administer official controls estab-
lished under the Municipal Planning Act, and to III-16. Manufactured Housing (A)
defray the costs associated with the environmen-
tal review process. In 1981, the Legislature changed the defini-
tion of mobile homers to mobile manufactured
III-13. Provision of Municipal Services Outside housing. Regardless of this definitional change,
the Boundaries of Cities (A) cities should still be permitted to regulate the
location of mobile manufactured housing within
Under existing law, many urban towns have their boundaries or prohibit its use entirely.
been created by law or by legislative action. The
legislature should study the kinds of powers and III-17. Initiative-Referendum for Zoning Ordi-
needs of towns and the governmental structure nances (C)
of towns in the exercise of these powers. The
definition of an urban town should be modernized The Municipal Planning Act has been inter-
and the Minnesota Municipal Board given the preted to allow for initiative and referendum (IR)
exclusive authority to create urban towns in the in cities with charter provisions allowing for IR.
future. Any township which needs municipal There is evidence that this interpretation has
powers should be required to request that author- interfered with cities' efforts to achieve their
ity of the Municipal Board and the request should planning and development goals, particularly in
automatically confer continuing jurisdiction to the the housing field.
Board to consider and order annexation, incor-
poration, or consolidations of township territory. The League of Minnesota Cities supports an
amendment to the Municipal Planning Act to
The legislature should also study the issue of the provide that zoning ordinances and amendments
exercise of land use controls in areas adjacent to not be subject to city charter provisions on initia-
cities. All townships should be given the authority tive and referendum.
-14-
First, the statutory procedure on zoning ordi- operation maintenance changes and capital im-
nances provides ample opportunity for the par- provements programs. The League recommends
ticipation of both the general public and indivi- support of additional funds to local governments
dual property owners in decisions relating to for mini and maxi-audits, including implementa-
zoning ordinances or the Municipal Comprehen- tion of energy conservation measures.
sive Plan. It is inappropriate to allow such a long
deliberative process to be overturned by a rela- 2. District Heating. To promote statewide
tively few voters who may have narrow interests applications of district heating technology, and to
in the issue. allow communities to make most efficient use of
the State District Heating Bond Program, the
Second, the clear intent of the existing plan- League recommends the following:
Hing law is that zoning ordinances and amendments
not be subject to IR. Without a clear uniform a. The Legislature should provide additional
statutory procedure for the implementation of funds for conducting district heating feasi-
municipal planning, statutory and charter cities bility studies at the community level;
will be subject to different procedures and the
act will not be realized. b. The Legislature should permit cities to make
special property assessments for the cost of
III-18. Energy Technical Assistance Programs (C) connecting or converting to community
district heating systems;and
Increasing energy costs and removal of federal
support for local government energy technical c. The Legislature should strongly encourage
assistance programs will place a significant burden consideration of district heating potential
on local government efforts to maintain the vitality in the power plant siting process.
of their communities. Energy technical assistance
programs are needed to provide information to d. The Legislature should continue to allow
communities on how to reduce energy costs in use of State District Heating Bond Program
their operations; establish energy information for renovation of existing district heating
exchange networks; and apply for federal energy systems.
block grant funds.
e. Repayment of state bond issues would
The League recommends that the Minnesota follow repayment of local obligations.
Legislature provide state funds for such local
government energy technical assistance programs. 3. Low and Moderate Income Energy Assis-
The purpose of these programs would be to main- tance. Rising energy costs will continue to place
tain and enhance the Conference of Local Energy a burden on the economic vitality of communi-
Officials (CLEO) information exchange network ties in Minnesota. The League recommends:
and to provide on-going energy technical assis- a) Continuation of the fuel assistance program
tance programs to Minnesota local governments. for low-income households, with expanded ser-
vices to train recipients in energy conservation
III-19. Energy Conservation and Production (C) practices; b) Support for weatherization programs
operated through cities, counties, and CAP Agen-
Overall energy conservation strategies involving cies; c) Continued support for the MHFA loan
the public, private, commercial and industrial sec- and grant program for home weatherization.
tors are being developed by cities based on the
rationale that conservation efforts achieve the 4. Conservation and Renewable Energy Fi-
greatest energy savings at the lowest cost. The nancing. Declining federal support for imple-
League believes that a city's individual energy menting conservation and renewable resource pro-
conservation strategy can be accomplished if the jects will place a significant burden on local govern-
legislature permits or establishes some of the fol- ment attempts to maintain vital services to their
lowing measures: residents and promote community development.
The League recommends that cities be allowed
1. Retrofit of Local Government Buldings. to bond and to make a special levy for energy con-
Local governments and school districts operate servation and renewable resource projects.
nearly 8,000 buildings in Minnesota. Possible
energy savings in this sector range from 16-67% of 5. Local Regulatory Authority. Local govern-
current energy consumption by implementing ments are in the best position to assess local needs
- 15 -
and regulate energy consumption within their arbitration. If arbitration is requested, the right
communities. The League recommends giving any to strike is prohibited.
municipality the option to adopt and enforce an
energy code that may be more stringent than 5. Arbitrators. Arbitrators should be required
the state building code for purposes of energy to have knowledge of public finances as well as
conservation. of labor relations and arbitration. Arbitrators
should be required to submit a written award and
IV. PERSONNEL, PENSIONS AND LABOR justification which should be published.
RELATIONS
6. Arbitration. Final offer, total package
IV-1. Minnesota Public Employment Labor Rela- interest arbitration should be the method for
tions Act (A) resolving all disputes which go to interest arbi-
tration.
The League recommends that the following
changes affecting cities be made: IV-2. PERA Benefits, Financing and Adminis-
tration (A)
1. Disciplinary action. Employees covered by
civil service systems have the option of using either The adoption in 1973 of the "high five year"
the grievance procedure contained in the labor benefit formula for PERA has provided very
agreement or the civil service procedure, but the adequate pension benefits for career municipal
use of one precludes the use of the other. The employees. There are a number of related policy
League recommends continuation of the civil issues, however, which have not been dealt with
service appeals system for disciplinary grievance in the law. Therefore, the League strongly urges
actions and that disciplinary grievances not be the legislature to adopt the following policies in
included within the labor agreement grievance the form of amendments to the PERA law:
procedures.
1. Any increase in PERA benefits should be
2. Impasse resolution. The distinction be- granted only to the extent that proposed contribu-
tween essential and non-essential employees as tions and current reserves are sufficient to fully
it relates to compulsory, binding arbitration should fund the increases in the opinion of one or more
be eliminated with all employees considered as recognized pension actuaries who are independent
non-essential and given the limited right to strike. of the PERA Organization. Any increases in PERA
Within the limited right to strike, the public em- general fund benefits enacted subsequent to 1973,
ployer would have the option of either requesting including any resulting deficits, should be financed
arbitration within a specific time or allowing em- by matching contributions, shared equally by em-
ployees to legally stroke. PELRA should be a- ployees and public employers, over a period not
mended so that the employees must exercise their to exceed 30 years. Any increases in benefits
right to strike within 15 days following the em- under the PERA Police and Fire Fund, including
ployer's refusal to arbitrate or forfeit such right. any resulting deficits, should be financed 50 per-
cent by employers and 50 percent by employees,
3. Supervisors and confidential employees over the same amortization period. Any benefit
with public collective bargaining. Supervisors of increase or contribution reductions permitted by
public employees should have their management excess reserves or excessive current contributions
role acknowledged and have their status limited or combinations of the two should be of such
to meet and confer. In no event should super- amounts as to benefit the employer and employee
visory or confidential employees be represented equally as a percentage of overall employee salary.
by an employee organization which represents
the non-supervisory employees they supervise. 2. Since the equal, matching employee and em-
The term "supervisory" should be as presently ployer contributions to the Coordinated Plan with-
defined under PELRA for non-essential employee in PERA are sufficient to finance the present
supervisors. benefits and liquidate the existing deficit in less
than 30 years, all of the employer's additional
4. Right to Strike. The existing classification contributions (i.e., the 1.5 percent of the salaries
of essential employees should be eliminated and of employees under the Coordinated Plan and the
all employees organized under PELRA given the 2.5 percent of the salaries of employees under
right to strike unless the employer requests binding the Basic Plan) should be specifically and exclusive-
- 16 -
ly earmarked for the reduction of the actuarial 8. The PERA Police and Fire Fund is well
deficit in the PERA Basic Plan. The employer's funded and rapidly approaching full funding.
additional contributions should be abolished. Furthermore, the taxpayers, through payment of
the employers 60% of pension payments, already
3. If any increase in benefits is enacted for provide sufficient funding to amortize the deficit
PERA retirees, the resulting cost should not be in that fund. Therefore, the legislature should
paid from the PERA Fund, but rather should be amend the present provision on disbursement of
financed by a direct appropriation from the State the two percent tax on automobile casualty in-
General Fund. surance to allow expenditures by the recipient
political subdivision of any excess over the em-
4. The actuarial assumptions concerning the ployer's share, of police retirement costs for:any
rate of investment earnings and of salary increases police department purpose instead of requiring
should be a conservative reflection of actual ex- payment to the PERA Police and Fire Fund. When
perience. The present assumptions concerning the the PERA Police and Fire Fund achieves' full
rate of investment earnings and salary increases funding, employers' and employees' contribu-
are outdated. We urge the legislature to examine tions should be reduced to an amount suffi, ient
these assumptions and to determine a means of to pay normal costs on an equal share basis.
more accurately reflecting the actual experience
during recent years. IV-3. Volunteer Firefighters Relief Associations(B)
5. The League supports the continuation of Through the some 735 municipal volunteer
the Minnesota Post Retirement Investment Fund fire departments and more than 25 non-profit
as a means of providing post-retirement increases firefighting corporations, hundreds of cities
in the pension benefits of retirees under the state- throughout the state provide fire protection ser-
wide pension funds. The League supports state vices to their citizens in a very economical manner.
funding of fund deficits from general funds or Most of these departments and non-profit corpora
amortization of the deficits by crediting a reason- tions provide their volunteer members with some
able portion of excess earnings over statutory type of pension as partial compensation for their
assumptions to retire deficits and payment of the community service. Traditionally, the type and
remainder of excess earnings to retirees as a cost level of pension benefits provided as well as the
of living adjustment without establishment of any administration and investment of the pension fund
guaranteed adjustment. (In the event the legis- has been handled locally in accordance with
lature determines that some mechanism other benefit limits and financial standards specified
than the Post Retirement Investment Fund is more by law. Although this system has worked very well,
appropriate for providing retiree inflation protec- the League proposes that there is need to provide
tion, or that the Post Retirement Investment Fund cities more flexibility in the use of state-aid funds
should provide a guaranteed inflation adjustment, so that they may use state-aid funds for any fire
the League urges the legislature to provide that: department purpose after payment of funding
(a) no increases be made during the first three obligations for pensions. Further, the legislature
years after retirement or until the Consumer is urged to carefully monitor local funding Since
Price Index increases at least ten percent; (b) a effective limits on benefits have now been re-
specific limit be placed on the increase granted in moved.
any one year; and (c) the cost of such increases, ®4- F y -1-ARCED L
including any resulting deficits, be financed from IV-4. Volunteer Firefighters Double Dipping (A)
the state general fund.
Volunteer firefighters who are memmbbers tof a
6. Further steps should be taken to integrate local velenidekWirgiEiteA r ilearMa d sk_ouId
the administration of the three statewide pension be ineligible for membership in the PERA police
funds, without combining the funds. and fire fund until average monthly compensation
for a consecutive six month period exceeds $800.
7. The League recommends enactment of enab- Upon commencement of PERA coverage a fire-
ling legislation to allow the transfer of pension fighter should cease to be a member of the local
contributions and equal employer contributions relief association, at which point a proportionate
plus accrued interest of individual employees, at distribution of local relief association assets to the
their request, to and from other states with similar firefighter over a period not to exceed five years,
reciprocal legislation. should be made to permit role-over into an inde-
pendent retirement account.
- 17 -
POLI cYb.EETL15
For purposes of vesting in PEKA, a volunteer should be deducted from any disability pensions.
firefighter should be allowed to tack together Disability benefits from all sources other than pri-
years of membership in a local relief association vately financed disability insurance, as well as a
and years in PERA. portion of employment earnings, should be an off-
set against city disability pension payments to the
IV-5. Disability Retirement (A) extent that these combined payments approach
after-tax salary for the former position.
Rising costs of disability retirements pose a
threat to the financial soundness of most Minnesota IV-6. Formal Civil Service Systems (B)
public pension plans. The following changes are
needed to minimize the financial impact of legiti- Constraints imposed by the police and fire civil
mate disabilities. Furthermore, abuses of disability service laws tend to hinder the effectiveness of
retirement provisions in public pension plans have personnel management systems and limit home
in the past caused serious waste of human re- rule charter options in cities with such commis-
sources and of scarce public funds. In view of the sions. Experience indicates that the present me-
current laws forbidding discrimination against thods of modifying these systems have not proved
handicapped persons who are not disabled from workable.
gainful employment, the League recommends:
The League supports enactment of an optional
1, Public retirement funds should not be comprehensive municipal civil service act for both
charged the costs resulting from disabling condi- home rule charter and statutory cities, other than
tions that a pre-employment history or physical cities of the first class, that provides for either a
demonstrates existed on or prior to the date of personnel board or an advisory and appeals corn-
public employment. mission.
2. Needs to balance employment roles for If a city already has a personnel board, this
minorities and women in unfilled positions should board would continue until superseded by an
not override programs to transfer present employ- advisory and appeals commission, rule of the
ees from jobs and departments for which they are council, or terminated by majority vote of the
presently disabled to jobs and departments for electorate. The council would be able to exclude
which they still qualify. individuals, class position, or entire departments
from the civil service classification. Adoption of
3. Statutes governing local public safety pen- the service would be by enacting ordinance, sub-
sion plans should be amended to provide to the ject to amendment by majority vote of the council.
cities with such plans, a substantial voice on the
governing board of the plans. Further, a uniform The League recommends that the authority to
statutory procedure and method of determining grade and classify positions or keep personnel
percentages of disability should be established to records be removed from the authority of the civil
determine the percentage of presently provided service board of commission; that appointment
disability payments which should be provided to or promotion in the classified service be by a fair,
local public safety fund members with physical impartial process designed to test qualifications
or mental conditions which permanently disqualify and fitness for duties of a position; that dismissal
them from public safety employment but which or suspension be for just cause and be subject to
does not disable them from all other gainful em- appropriate due process considerations.
ployment.
IV-7. Federal Labor Legislation (B)
4. Public pension plans in which city employ-
ees participate should be required to use a uni- In 1971, Minnesota adopted a comprehensive
form definition of disability which limits full or public employment labor relations act which
100% retirement to those whose medical condi- covers all public employees within the state. The
tions disable them from engaging in any substan- scope of the law is sufficiently broad to permit free
tial gainful activity over a substantial period. and extensive participation in the collective bar-
Unreasonable service limits tests should not be gaining process by both the public employee and
imposed and no employee should be required to employer, including the right to strike for certain
have more than five years of service under the employees. The League is opposed to federal labor
applicable plan in order to qualify for disability legislation covering state and local employees on
retirement. Workers' compensation entitlements the grounds that it is unconstitutional and that it
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is patently unnecessary. If the United States Therefore, the League recommends that the
Supreme Court determines that such legislation is PERA and state income tax laws be amended as
constitutional and that Congress finds it necessary follows:
to adopt some sort of national legislation in this
area, we believe the best alternative would be to Employee deductions to PERA and similar
extend the provision of the National Labor Rela- employee pension systems should be deducted
tions Act to cover public employers and employees from the employee's gross income and other
in those states that do not have existing labor deferred compensation plans presently per-
legislatibn, allowing states the opportunity to mitted by law and not subjected to state income
establish their own laws as the need arises. taxation during the year contributed to PERA.
IV-8. Proposed Federal Pension Legislation (B) IV-10. Veterans Preference (B)
The State of Minnesota through its legislature In 1975, the legislature adopted a uniform
has demonstrated a continuing concern over the veterans' preference law for state and local govern-
past two decades for the security of public em- ment which modified preference in employment
ployee retirement funds. Standards have been and promotion; in 1977, the legislature terminated
adopted requiring full funding and steps have veterans' preference for persons who enter mili-
been taken to strengthen management responsi- tary service after 1976. The League supports these
bility and reporting to employees. Moreover, a modifications and believes that these provisions
permanent commission has been established by should not be amended further. Veterans should
the legislature to study and analyze public re- continue to be protected against unjust dismissals,
tirement funds and advise the legislature on ap- but when a veteran's employment is terminated,
propriate steps. Adequate controls and standards and he or she does not request a hearing within
exist in Minnesota to safeguard the interest of the ten days or when an impartial hearing body deter-
participants in public employee retirement funds. mines that the dismissal was for just cause, the
For these reasons, the League recommends that law should not require that the veteran receive
any proposed national controls and standards per- compensation for any period when services were
tain only to matters of funding and should be de- not actually performed. Further, the law should
signed to exclude public funds such as those in make it clear that the petition procedure is an
Minnesota where adequate safeguards are present. alternative to local administrative hearings.
IV-9. Taxation of PERA Contributions (A) IV-11. Volunteer Ambulance Retirement Sys-
tems (C)
For several years, litigation has been pending in
federal courts to consider whether employee con- Proposals to integrate ambulance and rescue
tributions to PERA and similar public pension volunteers not part of local volunteer fire depart-
systems should be subject to federal income tax ments into the program for retirement for volun-
laws during the year in which they are contributed teer firefighters have met rejection from organiza-
to the system, as opposed to the year in which the tions of volunteer firefighters. Creation of another
employee actually receives the benefit. To our system of local relief is not in the best interest of
knowledge, no similar litigation is pending regard- the state, its political subdivisions, or its taxpayers,
ing the applicability of the state income tax. especially in view of recent federal tax legislation
which now provides an efficient, simple and inex-
It may be argued that the individual employee pensive means of providing retirement benefits to
does not have the use of the contributions which ambulance and other volunteers. Therefore, the
he makes to PERA in the year in which they are League opposes any legislation authorizing crea-
contributed and therefore, the contributions tion of volunteer ambulance relief associations.
should not be subject to either state or federal
income taxation, but should be excluded from the In addition, the League urges the creation of
employee's gross income. Rather, it may be argued a state money purchase retirement plan for volun-
that the contributions should not be taxed until teers only.
the benefits are actually received. Such a position
would be consistent with the way in which the IV-12. Social Security (C)
municipal contributions to the employees' pen-
sions are taxed. Many public employees in Minnesota are covered
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by federal social security (FICA) and participate should be amended to relieve part-time employers
in the plan's benefits including disability, porta- who continue employment of an individual from
blity, and modest cost-of-living benefit increases. any responsibility to contribute to unemploy-
The League recommends as a long-range goal that ment compensation due for termination from
all public employees in Minnesota, except volun- other employment.
teens, be covered by FICA, on condition that the
financing of medical and non-pension related pro- IV-15. Employee Bonuses (C)
grams are in the future funded from federal general
funds. To promote productivity and to obviate legal
questions about award dinners and other recogni-
IV-13, Temporary Military Service (A) tion activities, the statutes should specifically
authorize cities to pay employee bonuses or awards
When an employee is temporarily absent because of up to $500 per employee in any year.
of short-term military service, the League proposes
that the public employer pay only the difference, IV-16. Workers'Compensation (A)
when the military pay is less than public pay.
Furthermore, pension and other rights should be Statutory Requirements for workers' compensa-
protected. This pay differential shall apply for a tion coverage by city licensees.
period of fifteen calendar days.
1. Since many businesses operate without
When an employee is ordered to report for duty licenses from cities and since cities vary as to the
for a period longer than 15 calendar days per year, types of businesses required to obtain city licenses,
no additional seniority status, efficiency rating, any attempt to assure provision of workers' com-
vacation, sick leave or other benefits shall accrue pensation coverage through the local licensing pro-
during the period of active duty. Unless there cess could only partially reach problem busi-
exists at the time of an order to report for duty, nesses. Moreover, enforcement at the local level is
a war or declared emergency, the employee shall onerous and may be expensive. Because Laws
not be entitled to a leave of absence without pay 1981, Chapter 346, cannot provide an effective,
and the employee's public employment shall be efficient, or convenient means of assuring workers
considered terminated. of the protections of workers' compensation, that
portion of the statute which mandates cities to
IV-14. Unemployment Compensation (C) withhold business licenses except where proper
workers' compensation coverage is provided,
In 1976, unemployment compensation laws should be repealed. It is also impractical to man-
were substantially improved by the elimination of date city supervision of workers' compensation
eligibility for those individuals who voluntarily coverage for every city supplier, since many small
quit or are dismissed for cause. However, requali- purchases may be involved. Therefore, contracts
fication is provided once the claimant has earned for purchases of supplies should also be excluded
four times the weekly benefit for which he would by amendment.
otherwise be eligible. This requalification is too
low and should be substantially increased. 2. Existing workers' compensation statutes
create a presumption that heart and lung ailments
In addition, the League believes that individuals of police and fire personnel arise from employ-
who knowingly accept temporary employment of ment. Improved equipment and methods of fire
specific limited durations or provisional employ- fighting and law enforcement and increased statis-
ment not exceeding six months and whose employ- tical data as to personal risk factors affirm that
ment is thus ended, should be deemed to have presumption no longer reflects reality or serves a
voluntarily ended their employment and thus public purpose. Thus, the presumption should
should be disqualified for certain benefits. The be eliminated.
employers involved should not be saddled with
unemployment compensation costs for individuals IV-17. State Board of Investment (A)
who accept and perhaps even plan for the termina-
tion of such employment. The League recommends In order to test the concept of the advantage
that the law be appropriately amended. Also, of smaller funds and to give an additional yardstick
students, temporarily employed as interns, such as of the investment performance of the State Board
urban corps interns, should not be eligible for un- of Investment, a portion of the present and future
employment compensation. Finally, the statutes SBI revenues should be placed with outside invest-
- 20 -
ment management firms. Such outside investments rate the impact of state licensing by permitting
should not be limited to specialized portfolios employment of a lesser trained class of police
such as real estate, but should permit a full range employees, to allow upgrading of part-time police
of investment by each fund manager, to permit a officers to fully licensed status and to provide for
valid comparison of investment performance. two elected city officials to represent cities on
the POST Board.
V. PUBLIC HEALTH AND SAFETY
A major effort should be made by cities, the
V-1. Fire Personnel Standards (B) legislature, and other concerned parties to develop
a rational response to a complex situation, with
Fire suppression has traditionally been a unique- the League initiating action wherever appropriate.
ly local function in Minnesota. Not only are fire- In developing legislation, the following guide-
fighting problems vastly different from one corn- lines are recommended:
munity to another, but well over ninety percent
of Minnesota communities rely primarily on volun- 1. Since cities increasingly employ specialized
teer firefighters for fire suppression. Because local law enforcement personnel, including part-time
governing bodies are best equipped to determine officers, reservists and paraprofessionals, they
the nature of local fire risks, the level of local fire should clearly have the authority to establish their
prevention efforts and the practical availability own standards for such personnel who are not
of firefighting personnel, and because power to authorized to carry firearms except in emergen-
conduct training on a multi-municipal basis, under cies.
the Joint Powers Act, exists and is being used,
the League believes that the following principles 2. There should be consideration of the finan-
should govern any state or federal efforts to im- cial impact of any state rules and regulations on
prove firefighting capabilities. the cost of law enforcement to cities. For example,
uniform minimum recruitment standards may lead
1. No governmentally established mandatory to minimum wages. Mandatory citizen complaint
or suggested physical, physiological, educational, processing procedures on police officer conduct
or compensation standards for recruitment or and behavior may dictate extra cost to produce
continued employment for firefighters should be manuals and train personnel in their use. The
created except at the level of the entity actually state should subsidize any such extra costs.
employing firefighting personnel.
3. Enforcement of standards of conduct and
2. If any state or federal attempts are made performance, and any other disciplinary matters,
to upgrade the quality, skills and ability of fire- should not bypass normal city personnel proce-
fighting personnel in Minnesota, they should be dures. Nor should state objectives be allowed to
effectuated by increased financial assistance to unnecessarily complicate local personnel prac-
provide improved programs, or by direct employ- tives which have worked well in the past. Legis-
ment of specialized personnel at the state or lation authorizing the Peace Officers Standards
federal level with such personnel made available and Training (POST) Board to establish minimum
to assist local units of government. standards of conduct for police officers should be
repealed. Standards judged by the legislature to
V-2. Issues in Law Enforcement Personnel (A) be important and meaningful should be written
directly into statutory law.
The state government has been involved in po-
lice training for a number of years during which a 4. Special attention should be placed upon law
strategy has emerged directed at homogenizing enforcement problems in rural areas and in small
law enforcement in the state without regard to cities where conventional approaches may not be
the markedly different circumstances and social practical. The state should provide variances for
environments which exist in Minnesota. At the political subdivisions having particular difficul-
1978 legislative session this threat culminated in ties in complying with licensing standards to per-
a uniform state licensing requirement which was mit phased compliance. Variances should be
unprecedented within the United States, which granted by the state POST Board.
mandated minimum standards for recruitment,
training, and conduct, and which significantly 5. The composition of the POST Board should
impinged on the prerogatives of local govern- not be altered further so as to dilute city represen-
ment. Steps were taken at later sessions to amelio- tation on the Board.
- 21 -
6. The opportunity to undertake academic training be made available through an in-service
work at post-secondary schools is a valuable pre- process which will meet appropriate qualifications.
service training experience for potential police State grants and aids should be available to enable
officers. The League encourages the continued all cities to have access to adequate emergency
development of a program of pre-employment medical service.
training and qualification of peace officer candi-
dates in a variety of locations throughout the 4. Cities agree that alternative transportation
state. The existence of a program for law enforce- strategies that are less costly than full ambulance
ment personnel qualification at post-secondary services should be developed.
institutions, however, should not be allowed
to foreclose the possibility of recruitment for the V-4. Fire Codes (A)
position of licensed peace officers from within
the ranks of reservists and part-time officers, One of the more rapidly evolving legal arenas
and qualification on the basis of a local training recently has been the extent to which the public,
and experience program together with a short and via state or local governments, is responsible for
reasonably available skills training program, as ap- the safety of buildings through inspections and
proved by the POST Board. code enforcement. There seems to be general
agreement that state government should be respon-
Fine Limits sible for enforcement of the uniform fire code,
which applies to existing buildings, in large facili-
7. The League supports legislation adjusting ties which are open to the public, whether they
the maximum fine which can be imposed for crimi- are located in cities or townships. The League
nal violations. Those limits should be adjusted for would support legislation which clarifies the
inflation which has occurred since enactment of responsibility of the state to inspect such public
existing limits or adjusted to some other more facilities as schools, hotels, lodginghouses, hospi-
appropriate level after careful study. tals and nursing homes, provided that the state is
clearly responsible for enforcement and inspection,
V-3. Emergency Medical Services (B) whether or not it contracts with local units of
government to perform the actual inspection.
Cities as a group are the single largest provider However, the legislation should permit cities to
of ambulance services in the state and form a vital enact more stringent fire safety codes for these
part of the network of emergency services. To facilities, as well as for other buildings.
maintain and improve the emergency services net-
work, the League suggests the following guide- When a city does not enact more stringent
lines: fire safety codes, the state should be responsible
for inspection and enforcement of the fire code,
1. The current statutory requirements for on a case-by-case basis, when requested by any
ambulance vehicles, equipment and attendants' political subdivision (including a school district)
training should remain in the statutes as minimum or a hospital, unless the city clearly agrees to
requirements. Appropriate amendments, however, accept the responsibility for the enforcement of
should allow quick response vehicles to respond the fire code.
to emergency situations.
It is equally important to focus on preventing
2. With increasing interest in paramedic ser- emergencies or potential emergency situations
vices, the League supports the providing of easily through incorporating improved protection fea-
accessible training on a statewide basis at minimum tures into new building construction, especially
cost in order to meet appropriate qualifications. in high-risk areas or in certain high-risk buildings.
Evidence indicates that if certain protective fea-
3. While the League supports the continuing tures were incorporated, the lives and property
development of a systems approach to emergency of occupants would be better protected and local
medical services, we believe that local governments public safety services would be better able to cope
should be closely involved in their planning and with emergencies at the present level of service,
implementation. The League recognizes the need without adding to the general property tax burden.
for qualified, trained individuals in emergency The League recommends that the uniform state
medical service and in support of this recognized building code be amended to permit any city to
need, recommends that both initial and on-going enact ordinances to require fire protection and
- 22 -
period, as the Minnesota courts do now, invites V-10. Emergency Telephone System (C)
claimants to delay any legal action so that effec-
tive defense is impossible. Therefore the League The 1977 Legislature mandated a 911 emer-
supports extension of the Dram Shop Act to sel- gency telephone system for the state, with com-
lers of 3.2 beer and establishment of a notice pliance deadlines of 1982 for the Twin Cities
period for Dram Shop contribution limited to 60 metropolitan area and 1986 for the rest of the
days after the initial 120-day notice period, i.e., state. Under the financial plan enacted in 1978,
180 days after the incident. only the annual recurring costs of local equip-
ment and personnel would be paid by cities and
4. Private liquor and beer operations should other local jurisdictions. Since the legislature has
be required to post a substantial bond or to secure mandated this program, the League believes it
liquor liability insurance in amounts reasonably should not retreat from its commitment to finance
adequate to cover any anticipated claims under most costs through state revenues. If sufficient
the Liquor Civil Damages Act. The city should be federal funds are not available at any time in the
permitted to require an amount of insurance future to finance capital equipment installation
coverage in excess of any amounts which may be at public safety answering points, the state should
required by state law. fund these costs. Furthermore, in view of the fact
that this is a mandated program, the local annual
5. The League opposes the establishment of recurring costs should be a special levy, outside
one class of beer in this state because substan- the levy limits, or the state should provide reim-
tial problems will arise in control of the sale of bursement.
this beverage in filling stations, grocery stores,
drug stores, and elsewhere where 3.2 beer is V-11. Adverse Possession (C)
presently sold. Also 3.2 on-sale establishments
would be selling strong beer in competition with It seems clear that M.S. 541.01 prohibits ad-
on-sale liquor establishments and municipal liquor verse possession of city property;that is, the occu-
stores, thus resulting in a drastic reduction in the pation or use by other parties of city property.
number of on-sale beer licenses. The League op- The League suggests, however, in the event that
poses the off-sale of wine in other than liquor court decisions do not concur with this interpre-
stores. tation, that the legislature should make it clear
that no adverse possession can be had against the
6. The League opposes any law authorizing the state and its political subdivisions.
sampling of wine or other spirits on the premises
of any off-sale liquor store. V-12. Prosecution (C)
7. The League opposes any bill which would Experience over the past few years has shown
automatically authorize an arena operator to con- that many cities, especially smaller cities, have
tract with any holder of an on-sale liquor license experienced costs for prosecution and associated
for resale of liquor in an arena, without munici- activities beyond their ability to support. The
pal approval of the transactions. The League op- League recommends that the law be amended to
poses any attempt to make price advertising require that county attorneys prosecute cases in-
legal. volving local or state law where the city council
by ordinance has designated that the violation of
V-9. Uniform Colors (C) certain ordinances or misdemeanors would be
prosecuted by the county attorney. Fines should
No advantage of nor need for state rules which be divided, one-third to the jurisdiction of the
dictate the color or design of uniforms, automo- arresting officer; one-third to the jurisdiction of
biles, or other equipment used by local police agen- the prosecuting attorney; and, one-third to the
cies has been demonstrated. Such rules are incon- county for use of the county court system.
sistent with the traditional League objectives of
local autonomy and home rule and may involve V-13. Good Samaritan Law (A)
additional costs to local government. Therefore,
the League opposes such state rules as to color The Good Samaritan Law, a law of interest to
of uniforms, police cars, and other non perfor- municipal employees in the provision of emer-
mance related equipment standards. gency care, has never really served its purpose
- 24 -
•
building security features that exceed those set ing code in order to protect public health and
forth in the code. safety.
Cities should also have the option to make the 6. Repeal the law providing for a vote and
uniform fire code apply to structures existing on permit any city adopting building code after
the date of the adoption of the code, as well as January 1, 1977, to repeal the code in that city by
to new construction. vote of the council.
V-5. Handicapped Provisions of the State Building The League recommends that a legislative com-
Code (B) mission on building and energy standards be es-
tablished to review the state building and energy
The League recommends that the handicapped codes with the objective of reviewing the rewriting
provisions of the state building code be made of these standards to assure compliance with
mandatory statewide for new buildings with en- federal energy requirements and to remove those
forcement as follows: any new building to which parts of the standards not directly related to
these provisions apply should be designed to con- energy conservation and the public's health, wel-
form to these provisions by an architect, engineer, fare, and safety.
or contractor. If the city, or county of the new
building is outside a city, does not have a building V-7. Speed Limits (B)
official, the architect, engineer or contractor
shall also inspect the building to certify to the The League recommends that local authori-
city, or county if located outside a city, that the ties have the authority to establish speed limits
new building has been constructed in compliance within high pedestrian conflict zones upon the
with these provisions. This certification must be basis of an engineering and traffic investigation,
completed before any city or county may issue which may be performed by local or county
a certificate of occupancy for the building or authorities.
before the inspection process is completed if no
certificate of occupancy is required. V-8. Liquor Issues (B)
V-6. Building and Energy Code (B) The League strongly supported the legislature
when it modified liquor laws to make the number
A uniform, statewide building and energy of on-sale liquor licenses issued a matter for
code should be adopted by the legislature only if local determination and eliminated the phase-out
the following optional enforcement methods are requirement when there are municipal on-sale or
included: off-sale liquor operations. The League recommends
that the legislature build on these initiatives by
1. Local option (city, county, or town) inspec- taking the following actions:
tion and enforcement, except that the code should
remain mandatory in the Twin Cities Metropoli- 1. Cities should have the same authority to
tan Area. establish fees for off-sale liquor licenses and on-sale
wine licenses that they now have for on-sale liquor
2. State fee inspectors who may be used for and beer licenses and off-sale beer licenses,
inspection in areas outside of communities with
local enforcement. 2. In 1977, the legislature amended those por-
tions of the Liquor Civil Damages Act relating to
3. The housing warranty law should include a liability for damages and provided that any action
one-year warranty that the dwelling be free from must be commenced within one year after the
defects caused by faulty workmanship and defec- injury. The League does not believe this law
tive materials due to noncompliance with the state should be amended, other than as indicated below,
building and energy codes. until we have had several years' experience with
it.
4. All architects and engineers who design any
structure must certify that the structure complies 3. The purpose of the required notice within
with the state building and energy codes. 120 days of injury for claims under the Dram Shop
Act is to permit alleged suppliers of liquor to
5. Any city should be allowed to adopt more investigate the claim before witnesses disappear
restrictive building standards than the state build- and memories fail. To allow an unlimited notice
- 23 -
because, unlike similar laws in other states, it has continued to expand the demands upon hard-
preserved the common law liability of a good pressed local budgets, revenue sharing funds have
samaritan for damages resulting from ordinary received no significant increase since the inception
negligence in rendering emergency care. The of the program. Re-enactment of the revenue
League recommends that the law be amended to sharing law should remedy this shortfall by pro-
limit the liability of a person rendering emergency viding sufficient funds to restore the program to
care at the scene of an emergency to liability for its 1972 level and project an appropriate infla-
willful or wanton misconduct. tionary factor for future years of funds.
V-14. Work Restitution Program (C) Continued multi-year funding of the program
is essential to sound fiscal-planning and manage-
The League urges the various court systems, ment at the local level and should be a part of the
municipal officials, and the legislature to the ex- re-enactment legislation.
tent that it can, to encourage and make possible
community work restitution programs. This may Congress and the Administration should resist
require making available funding methods through the temptation to use revenue sharing as a lever
grants or special levies. to governmental and other reforms at the local
level. Revenue sharing should be a flexible, decen-
V-15. Youth Service Bureaus (B) tralized program free of bureaucratic entangle-
ments. The dangerous tendency of the imposition
A youth service bureau attempts, through coun- of difficult procedural and other requirements is
selling, to avert establishment of a pattern of apparent in the revenue sharing amendments of
youth lawbreaking. Youth are referred by police, 1976.
school and court. By utilizing the youth service
bureau, a youth and his family are helped to find Significant questions concerning the continued
and correct the cause of a behavior problem. participation of state government in the revenue
sharing program have been raised. An across-the-
The League recommends that the legislature en- board answer is not appropriate to this question.
courage local governments to sponsor youth service State participation might be gauged on a level of
bureau type activities as a help and buffer to the fiscal efforts basis. Those states with the highest
court system and a preventive for habitual youth tax effort should be continued at full funding,
offense by providing local units the ability to fund while those with only minimal effort might be
these programs through the local property tax considered for a change in status.
levy by use of a special levy.
VI-2. Resolution on Revenue Sharing Priority (A)
V-16. Control of Narcotics Paraphernalia (A)
The League understands that the federal govern-
The League supports the development of state- ment is considering budget revisions which will
wide legislation prohibiting the sale of narcotics call for cuts in virtually all programs of interest
paraphernalia in Minnesota and enabling legisla- to city governments. The League also recognizes
tion granting local enforcement of such legisla- that, at this time, it does not have adequate infor-
tion. mation to propose alternative approaches to deal-
ing with a program to control the near national
VI. REVENUE SOURCES emergency problem of inflation. The League is
quite clear, however, that the general revenue
VI-1, General Revenue Sharing (A) sharing program is of vital importance to all Min-
nesota cities. Upon the average, these cities utilize
The federal general revenue sharing program general revenue sharing to account for approxi-
provides vitally needed funds to cities in Minnesota. mately 10% of their budgets. Since, in most in-
Continuation of this program is essential for fis- stances, these funds are a part of the city's oper-
cal stability of our communities. ating budget, reductions in general revenue sharing
will leave cities no choice but to raise taxes or
In considering legislation to re-enact the pro- reduce city services and personnel. Neither alter-
gram, the Administration and the Congress should native is an acceptable method of dealing with
take account of the fact that although inflation inflation. General revenue sharing has actually
- 25 -
diminished in purchasing power by 40% since the state. Such laws are inconsistent with princi-
enactment, and has not contributed to inflation. pies of local self-government and accountability.
Neither do they recognize changing local condi-
The League, therefore, requests that federal tions as to either expenditure needs or revenue
budget consideration, particularly as it affects sources. Therefore, the League remains strongly
city governments and the general revenue sharing opposed in principle to such limitations and
program, recognize the importance of the general recommends that the Minnesota Legislature take
revenue sharing program to our cities. It requests no action to re-enact levy limits in 1982 or there-
that this program be given priority and, insofar as after.
possible, protected from reductions.
VI-4. Local Government Aid Formula (A)
The League further requests that the National
League of Cities review the federal budgetary The 1979 Legislature is commended for passage
situation and arrive at a more comprehensive posi- of the League local government aid formula which
tion with respect to a program to combat inflation, removed many of the inequities of the old aid
recognizing the view that the general revenue formula. However, the distribution of state-
sharing program should be given highest priority raised revenue through the local government aid
consideration. formula should be increased in amounts sufficient
to compensate for increased local government
VI-3. Levy Limits (A) costs.
The 1981 State Legislature exacerbated the Because of the continually changing factors
problems caused by levy limits for 1982 by ex- which impact on the formula and sensitivity of
panding the law to apply to all cities in the state, the formula to these changes, the diverse needs
by changing the base to which the present 8% of cities, and the complexity of the formula it-
annual allowable increase applies, and by eliminat- self, it is important that there be continuous study
ing or restricting some of the previously allowable and monitoring of the formula. The League recom-
special levies. These changes have added unneces- mends that the legislature appropriate funding for
sary complexities to city budgeting processes and this purpose. It further recommends that the
have caused serious budget problems in many League be included in this activity.
cities. Furthermore, levy limits ultimately work
against the interests of local taxpayers because the It shall be League policy that any changes in
law creates an incentive for cities to take maximum the formula initiated by any city or group of cities
advantage of the opportunity to make general or be made only through League process. This process
special levies. For example, the arbitrary decision shall be:
in 1981 to create a new levy limit bases effectively
penalized those cities that were successful in 1. Any initiative for change shall be addressed
holding down their property tax levies in 1981. to either the Revenue Sources Committee or the
History has now provided cities with numerous Board of Directors of the League of Minnesota
lessons teaching that cities which choose to levy Cities.
less than the maximum allowed in a given year
risk being later tied to unrealistic or artificial new 2. If the Committee or Board believes a change
limits for future budget years. may be warranted, a technical committee, task
force, or the Committee or Board may pursue a
The Legislature also repealed the levy limit study of the impact of the proposed change.
law effective for taxes payable in 1983, but in
1982 will be studying the issue and considering a. The committee selected must contain a
re-enactment of levy limits in some form. representative cross-section of League member
cities as determined by the Board of Directors.
The League of Minnesota Cities has consis-
tently opposed the levy limit laws in that they b. Within the technical study committee,
apply uniform state-wide restrictions to cities the membership shall include a finance officer
and are too inflexible to accommodate both the and other technically competent resource
high rate of inflation, uncertainties in state and people. This committee shall report to the
federal financial aids, and the diverse problems appointing body.
and circumstances faced by cities throughout
- 26 -
3. After the committee determination of policy The League also recommends that the ceiling in
change, the proposals shall be communicated to any present application of the usury statutes to
the League membership prior to Board action. the rate of interest that can be charged on special
assessments be removed. The League further
4. Board action shall constitute League policy. recommends that the negotiated amount of the
sale of bonds be raised from $200,000 to $300,000.
VI-5. Municipal Bonds (A)
Bond code amendments. The League supports
The traditional way of financing most local amendments to the bond code and tax laws that
public improvements and facilities has been will clarify the authority of local governments and
through the issuance of bonds, and this is likely assist them in obtaining credit.
to continue for the foreseeable future. Conse-
quently, if the needs for local improvements are Municipal bond sales control by the state.
to be met at a reasonable cost, it is imperative Legislation proposed in the 1980 session would
that a broad market be maintained for municipal have made the State Attorney General Bond Coun-
bonds at the most favorable interest rates possible. sel for all municipal bonds and placed authority
for selling all bonds with the State Investment
Federal legislation. The exemption from federal Board. This could lead to increased bond costs
income taxes of the interest on municipal bonds and lengthy delays in bond issuance. It would
has been and continues to be the key factor in take the Attorney General's Office several years
maintaining a healthy market for municipal bonds. to obtain the background and reputation necessary
This tax-exempt status of state and local issues for their opinions to be accepted by bond buyers.
not only maintains a separate market for them but The marketability of the bonds could be adversely
also recognizes the right of state and local govern- affected, and taxpayers would bear the burden of
ment to manage their fiscal affairs independently. higher interest rates. This would be a step in the
In recent years, however, some knowledgeable direction of government bureaucracy taking
people have become concerned because of their over a function of private enterprise which is
belief that the traiditonal market for state and competent and is working at a time when the
local bonds will not be able to satisfy the rapidly public trend is demanding less government in-
growing need for capital for public purposes. stead of more.
Concerns have also been raised about existing
methods of tax avoidance, including the tax- VI-6. Tax-Exempt Property (B)
exempt interest on state and local bonds. These
two concerns have resulted in several bills in One of the glaring inequities in the Minnesota
Congress to establish programs to lend money to tax system involves local services that are provided
municipalities by purchasing their bonds and/or free to tax-exempt property owned or used by the
make interest on state and local bonds taxable. state, counties, cities, regional governmental
While the motives behind these proposals may be bodies, and by certain governmental organizations.
laudable, it does not appear that a convincing It is widely acknowledged that such property bene-
case has been made for such a radical change which fits directly from governmental services such as
could damage the independence and viability of police and fire protection and street services pro-
state and local government. Therefore, the League vided by cities. Since there is no legal basis, how-
strongly urges that the tax-exempt status of state ever, for claiming reimbursement for the cost of
and local bonds be maintained. Also, the League such service, they are borne by the local tax-
is opposed to any federal legislation which would payers. Furthermore, such property is concen-
regulate the issuance and sale of municipal bonds, trated in certain cities, resulting in a heavy cost
including registration or filing with the Securities burden upon those cities.
and Exchange Commission.
The League recommends that this problem be
Bond interest ceiling. Because interest rates in corrected by legislation requiring state, county,
the bond market fluctuate in response to economic city, regional government owners of tax-exempt
forces, it seems unrealistic that a maximum in- property to reimburse cities for the cost of police,
terest rate be imposed upon all governments. The fire and street services.
League recommends that any limitation on all
general obligation, revenue bonds and industrial VI-7. Assessment Equalization (B)
revenue bonds of the city be repealed and that
the interest rates be determined by the market. Unequal property assessment both within and
- 27 -
among the various taxing jurisdictions is becoming 1. All railroad property should be assessed by
a major problem of property t-ix equity in the state the assessor having jurisdiction as otherwise pro-
because of the increasing use of and reliance on vided by law.
sales ratio measures as factors in aid formulas and
the complexity of overlapping taxing jurisdictions 2. All non-operating property should be taxed
including special districts. The following proposals and should include all property other than opera-
are suggested to remedy the inequities created in ting land and operating structures as defined be-
the past few years. low. Non-operating property should include real
property which is leased or rented or available for
1. To ensure equity among various overlapping lease or rent to any person which is not a railroad
taxing jurisdictions and for state aid purposes, company. Vacant land should be presumed to be
the legislature should develop a penalty provision available for lease or rent if it has not been used as
for ad valorem taxing jurisdictions which do not operating land for a period of one year preceding
achieve a reasonable sales ratio. In addition, the the valuation date. Non-operating property should
penalty provision developed by the legislature also include land which is not necessary and in-
should apply to the local unit which has the tegral to the performance of railroad transporta-
responsibility for assessing (i.e., the county where tion services and which is not used on a regular
the county assessor system has been adopted or and continual basis in the performance of these
the city where responsibility remains at the local services.
level).
3. All operating land (defined to mean any land
2. The League recommends that a more com- which underlies the operating structures defined
prehensive assessments system be established. below and rights-of-way adjacent thereto and
which is necessary to the integral performance of
VI-8. Property Tax Administration (B) railroad transportation services) should be taxed
and should be valued by taking into consideration
In recent years, initiatives in state and local the value of adjacent lands and the zoning appli-
fiscal policy have focused on avoiding increases in cable to adjacent lands.
the tax burden on local property by providing
alternate sources of revenue. The League be- 4. All operating structures (defined to mean
lieves, however, that a number of reforms in the all structures owned or used by a railroad company
property tax system itself are needed to make it in the performance of railroad transportation
a more equitable revenue instrument, including services, including without limitation, franchises,
the following: bridges, trestles, tracks, shops, docks, wharves,
buildings and other related structures) should be
1. The fact that federally and state-subsidized valued by the assessor by taking into consideration
housing units are assessed differently in the cities their alternative use, consistent with the uses of
depending on the city's population creates a dis- adjacent and comparable structures, if not used
incentive for cities of less than 10,000 population for railroad purposes. All operating structures
to accommodate such housing. This assessment except railroad bridges, trestles, tracks, docks and
disparity should be eliminated. wharves, should be taxable.
2. All property tax laws should be recodified. VI-10. Timing of Property Tax Payments (B)
3. The number of classifications of property 1. Accelerated Property Tax Payments. Proper-
for property tax purposes should be reduced. ty taxes are currently paid in two semi-annual
payments, a system which often results in cash
VI-9. Railroad Taxation (A) flow problems for cities. These problems have been
aggravated by the legislative changes of local
The existing system for taxation of railroad government aid payments to the second half of
property is not consistent with the taxation of the calendar year.
other commercial and industrial properties. The
League recommends that a new system of property The Legislature should consider modifying the
taxation be established which enables railroads property tax collection system so that taxes are
operating in Minnesota to be taxed consistent with paid quarterly. Given current statutory dates for
the taxation of other commercial and industrial local levy certifications and the practicalities of
properties. This system should contain the fol- county property tax billing procedures, the first
lowing features: payment date should be March 31 of each year.
- 28 -
2. Property Tax Distribution from County. VI-12. Dedicated State Sales Tax as a Revenue
Under current law counties need not distribute Source for Cities (A)
property tax collections to cities until 30 days
after the settlement date of property tax payments For cities to be able to budget and plan in
to the county. The county does not pay interest rational and orderly manner, cities must have a
on collected but undistributed funds until 45 days reliable and predictable source of revenue other
after the settlement date. After that time, the than the property tax. The experience with state
county must pay interest, but only at 8%. aid delays and cutbacks in the past two years has
demonstrated that the current local government
Further, all counties should be required to pay aid system is neither reliable nor predictable. The
interest on all monies not distributed by the 15th current system subjects cities to the dual un-
of the month. The interest rate shall be one based certainty of not knowing whether the state's
on a standard which provides a more reasonable revenues will be adequate, and not knowing how
rate of return. the legislature and governor will choose to allo-
cate funding cutbacks when revenues do fall
VI-11. Alternative Revenue Sources (A) short.
All indications in 1981 are that past levels of Under a system in which cities derive a substan-
financial support for cities from both the state tial part of their revenues from state sources,
and federal government are decreasing or at least cities must expect that when state revenues fall
not growing. It is therefore especially important short, cities' state aid funding will also decline.
that Minnesota cities have the ability to raise However, cities must have assurance that they will
revenues locally. The property tax, although an not be forced to absorb a disproportionate share
important and valuable local revenue source, of a revenue shortfall. As a corollary, it is also
should not have to bear the entire burden in mak- reasonable for cities to expect state funding for
ing up for state and federal cutbacks or in meeting local government aid to increase in proportion to
increased local expenditure needs. increases in state revenues.
Cities should have a variety of options for ob- For these reasons, the League recommends that
taining revenues locally so that each city can the appropriation for local government aids be
choose a mix of revenue sources that would be tied directly to a specified share of the state's
most fair and productive in that community. sales tax collections. (Historically, the state aids
appropriation has been equivalent to about 1.5c
Therefore, the LMC recommends that the legis- of the state sales tax.) The dedication of a share
lature expand the ability of cities to raise revenues of the sales tax should commence immediately,
in the following ways: through legislative action, and should ultimately
be enacted as a constitutional amendment. The
1. Local option hotel, motel, admissions and revenues should be distributed to cities on a
amusement taxes. M.S. 477A.016 prohibits cities monthly basis, based on each month's sales tax
from enacting or increasing a local sales or income collection figures.
tax. The statutes should be amended to allow cities
the option of imposing local hotel, motel, admis- VI-13. Mandates (A)
sions, or amusement taxes.
One of the most serious problems facing cities
2. License Fees. Generally, the statutes grant- is the growth in the number and cost of federal
ing authority to issue licenses or permits do not and state-mandated programs, which substitute
specify maximum fees. Court decisions provide the judgments of Congress and the State Legisla-
ample limitations on cities' power to set license ture for local budget priorities.
fees in that revenues produced must be related to
the cost of issuing the license and regulating the Special bills to address this problem on an ad
licensed business. However, the legislature has set hoc basis will not provide a permanent or state-
maximum fees for some licenses such as for off- wide solution to these problems. The League there-
sale liquor, on-sale wine, cigarette and bottle club. fore supports legislation that would require the
state to adopt a policy of "deliberate restraint"
The League of Minnesota Cities recommends on its mandated programs, including a mandatory
that the Legislature repeal all maximum fee pro- fiscal note identifying local government costs on
visions and allow cities to decide locally the ap- any new mandated programs when they are intro-
propriate fee to charge for such licenses. duced in the Legislature and a statement of com-
pelling state-wide interest to accompany all state
mandates.
- 29 -
TENTATIVE AGENDA
REGULAR SESSION SHAKOPEE, MINNESOTA JANUARY 5 , 1982
Mayor Reinke presiding
1 ] Administering the Oath of Office to Newly Elected Officials
2] Roll Call at 7 : 30 P.M.
3] Nominations/Election to fill council vacancy
4] Approval of Minutes of December 15th and 22nd, 1981
5 ] Communications :
a] Larry Moonen re : snowmobiles
b] St . Francis Hospital re : temporary parking lot
6 ] Liaison Reports from Councilmembers
7] RECOGNITION BY CITY COUNCIL OF INTERESTED CITIZENS :
8] Old Business :
a ] 8 :00 P.W. Murphy' s Landing - John Lynch will be present to
discuss this matter
b] Adoption of Sewage and Waste Control Rules and Regulations
for the Metropolitan Disposal System
c ] Snowmobile Violations
d] Bingo and Gambling Applications from American Legion - t_bld 12/22
9] Planning Commission Recommendations : None
10] Resolutions and Ordinances :
a] Res . No. 1957 - Appreciation to Walter C . Harbeck
b] Res . No. 1958 - Appreciation to Richard Hullander
c] Res . No. 1963 - Designating Official Depositories of City Funds
d] Res . No. 1964 - Commencing Condemnation Proceedings (Prior
Lake/ Spring Lake Watershed District )
e ] Res . No . 1961 - Accepting Work on Eastview Roadway Construction
f] Res . No . 1962 - Accepting Work on Holmes St . Reconstruction 80-3
11 ] New Business :
a] Corner Lot Assessment Policy
b] Final Plat of Mri. Valley 6th Addition
c ] Annual Up-dating of City Code
d] 1982 Farm Leases
e] Engineer ' s Proposed 1982 Monthly Report Form Allocating
Engineering Workload
f] Move that the bills in the total amount of $255, 541 . 28
be allowed and ordered paid
12] Consent Business :
a ] Sale of Surplus Property - Water Tank
b] Energy Saving Suggestions
c ] Vacation Carry-over into 1982
d] I . R. Bond Deposits
e] Designation of Official Newspaper
f] Special Permit for Municipal Parking Lot
g] Contract for Electrical Inspection Services
13 ] Other Business :
a] Mayor Reinke would like to talk about conditional use permits
for storage tanks
b]
c]
14] Adjourn to Tuesday, January 12 , 1982 for a work session.
John K. Anderson, City Administrator
TENTATIVE AGENDA
REGULAR SESSION SHAKOPEE, MINNESOTA JANUARY 5 , 1982
Mayor Reinke presiding
•
1 ] Administering the Oath of Office to Newly Elected Officials
2] Roll Call at 7 : 30 P.M.
3] Nominations/Election to fill council vacancy
4] Approval of Minutes of December 15th and 22nd, 1981
5 ] Communications :
a] Larry Moonen re : snowmobiles
b] St . Francis Hospital re : temporary parking lot
,3 s L u m etiLw�
6 ] Liaison Rep its from Councilmemb
7] RECOGNITION BY CITY COUNCIL OF INTERESTED CITIZENS :
8) Old Business :
WJE ) a ] 8 : 00 P.M. Murphy' s Landing - John Lynch will be present to
discuss this matter
i- ) Adoption of Sewage and Waste Control Rules and Regulations
1'5 for the Metropolitan Disposal System
c ] Snowmobile Violations LUC
HL d] Bingo and Gambling Applications from American Legion - tbld 12/22
9) Planning Commission Recommendations : None
10] Resolutions and Ordinances :
ta] Res . No. 1957 - Appreciation to Walter C. Harbeck
tb] Res . No. 1958 - Appreciation to Richard Hullander
rt c ] Res . No. 1963 - Designating Official Depositories of City Funds
d ] Res . No. 1964 - Commencing Condemnation Proceedings (Prior
Lake/ Spring Lake Watershed District )
t e ] Res . No. 1961 - Accepting Work on Eastview Roadway Construction
.1(-f] Res . No. 1962 - Accepting Work on Holmes St . Reconstruction 80-3
11 ] New Business :
AJtc 4 a ] Corner Lot Assessment Policy
.. ( O Ob] Final Plat of Mn. Valley 6th Addition
.rc ] Annual Up-dating of City Code
.t-d] 1982 Farm Leases
.t- e ) Engineer ' s Proposed 1982 Monthly Report Form Allocating
Engineering Workload
—�-f] Move that the bills in the total amount of $255 , 541 . 28
be allowed and ordered paid
1- 12 ] Consent Business :
a ] Sale of Surplus Property - Water Tank
b] Energy Saving Suggestions
c] Vacation Carry-over into 1982
d] I . R. Bond Deposits
e ] Designation of Official Newspaper
f] Special Permit for Municipal Parking Lot
g] Contract for Electrical Inspection Services
13] Other Business :
4Lk
7, ,
p.c . a] Mayor Reinke would like to talk about conditional use permits
for storage tanks
b] aria. F;A,Q,tt,.,, � l42,
t c ] 61A .4L,
14] Adjourn to Tuesday, Jany 12 , 1982 for a work session.
/�a` `LI h! a °
John K. Anderson, City Administrator
TENTATIVE AGENDA
HOUSING AND REDEVELOPMENT AUTHORITY IN AND FOR THE
CITY OF SHAKOPEE
Shakopee, Minnesota
Annual Meeting . January 5 , 1981
Vice Chairman Leroux presiding
1 . Administration of the Oath of Office
2 . Roll Call at 7 : 00 P.M.
3 . Approval of Minutes of December 1 , 1981
4. Resolution of Drainage and Utility Easement , Macey Seond Addition
5 . Discussion of Availability of Additional 235 Units
6 . Election of Officers
7 . Other business
8 . Adjourn
Jeanne Andre
Executive Director
PROCEEDINGS OF THE HOUSING AND RIDEVELOPMENT AUTHORITY
REGULAR SESSION SHAKOPEE, MINNESOTA DECEMBER 1, 1981
Vice Chrm. Leroux called the meeting to order at 7:05 P.M. with Comm. Colligan,
Reinke and Lebens present. Chrm. Hullander was absent. Also present was HRA
Executive Director Jeanne Andre.
Colligan/Reinke moved to approve the minutes of November 17, 1981 as kept. Motion
carried unanimously.
Discussion was held regarding extension of Levee Drive for the highrise redevelop-
ment project.
Reinke/Colligan offered Resolution No. 81-9, A Resolution Determining To Under-
take An Amended Redevelopment Project, and moved its adoption. The HRA Director
summarized the resolution.
Roll Call: Ayes; Unanimous Noes; None Motion carried.
There was discussion regarding future projects for community development and a
consensus was given to prioritize them as follows:
1. Second Ave. between Market and Shawmut;
2. Downtown Redevelopment;
3. Fourth and Shumway (County garage);
4. Fifth Ave. between Spencer and Main;
5. Market Street between Fourth and Seventh Avenues.
Colligan/Lebens moved to contract with SPUC to move a 3 foot transformer between
Lots 3 and 4, Block 3, Macey Second Add'n. , and to authorize the cost from the
project. Motion carried unanimously.
Colligan/Lebens moved to authorize appropriate HRA officials to execute contract
for deed for Lots 3, 4 and 5, Block 3, Macey Second A-:d'n, with Goodwin Builders,
Inc. on the condition that structures be built in accordance with plans and speci-
fications submitted by Goodwin Builders on Lots 3 and 4 for a base price of $81,600
($40,800 per unit) and on Lot 5 for a base cost of $45,850.
Roll Call: Ayes; Unanimous Noes; None Motion carried.
Reinke/Colligan moved to authorize the payment of the bills as follows:
1. Department of Housing and Urban Development, $2.92 for copying costs;
2. Pomije Custom Homes, $984.29 (2) cost of additional jackhammering and fill for
Lot 11, Block 2 and Lot 10, Block 3, Macey Second Add'n.
Roll Call: Ayes; Unanimous Noes; None Motion carried.
Colligan/Lebens moved to adjourn. Motion carried unanimously. Meeting adjourned
at 7:35 P.M.
Jeanne Andre
HRA Executive Director
Diane S. Beuch
Recording Secretary
MEMO TO: Members of the Shakopee Housing and Redevelopment
Authority (HRA)
FROM: Jeanne Andre , Executive Director
RE: Drainage and Utility Easement , Macey Second Addition
DATE: December 28 , 1981
Introduction
The HRA has previously requested the City Council to vacate certain
drainage and utility easements on Lots 3 and 4, Block 3 , Macey Second
Addition to provide for the construction of twin homes on these lots .
Related to this vacation other issues have been raised which require
attention by the HRA.
Background
The HRA previously recommended that the electrical transformer between
Lots 3 and 4 , Block 3 , be relocated. Although the current location
of the transformer will remain in an easement , it is considered
dangerous to keep the transformer near to the path of planned drive-
ways . The Shakopee Public Utilities Commission (SPUC) has quoted a
cost of $588 to move this transformer to the north easement of Lot 3 ,
Block 3 .
In the attached memo, Lou Van Hout , Public Utilities Manager, requests
that the north easement of Lot 3 , Block 3 be enlarged from 15 to 20
feet to allow for existing electrical poles , and that the wires on
these poles be rebuilt to the north side to keep them within the
revised easement , at a cost to the HRA of $300. Mr. Van Hout also
outlines other less desirable alternatives .
The HRA currently has approximately $1600 remaining in grant funds
which would cover the projected cost of $888 for the above-listed
projects .
Recommended Action
Authorize the Shakopee Public Utilities commission ( SPUC) to move
the electrical transformer currently located between Lots 3 and 4,
Block 3 to the northern easement of Lot 3 , Block 3 within 5 feet
from the lot line dividing Lots 2 and 3 , Block 3 at a cost not to
exceed $588 ; authorize SPUC to rebuild the wires on existing electri-
cal poles to the north side and anchor some poles as needed at a
cost not to exceed $300; and direct appropriate HRA officials to
increase the northern easement for utility and drainage purposes
on Lot 3 , Block 3 , by 5 feet .
JA/jms
TO: Jeanne Andre
FROM: Lou Van Hout
RE: ' Macy Second Addition, Overhead line, utility easement, North of Lot 3,
Block 3.
DATE: December 17, ]'981
Subsequent to answering your memo of November 24, 1981 I had the actual
location of the poles checked. Using survey pins now in place we have found
the line to be further South than I had assumed when answering your memo. I
advised the City Council of this fact on December 15 and asked, at that meeting,
for a short time to get the correct measurements to the HRA.
The background on this matter goes back several years. The line had
existed for many years across private property without an easement but had been
there long enough to have the legal right to remain.
When the Platting of Macy Second Addition was begun it was determined that
the line crossed a certain lot in that proposed subdivision. At that point
discussions took place involving the relocation of the power line a short
distance to the North to fall within an easement to be platted.
The plat was approved with a 15 foot easement which was not wide enough to
include the line as it existed; but, when it appeared that there was not
sufficient money in the grant funds to move the line to the platted easement,
things went back to their former standing and the line was left in place.
To make best use of the property, the HRA plans to construct a twin home
on Lots 3 and .4 to conserve space to avoid the line. My comments to you, in
my answer to your memo, reflect my view that this entire matter should be resolved
before the property is sold, and that to show a 15 foot easement on the plat
but not show the actual space restricted by an existing line would only lead to
problem in the future.
My figure of 20.5 feet was in error as I have already stated, but the intent
is unchanged in that the matter should be addressed at this time.
The alternatives I see at this point are:
1. Do nothing. Leave the easement at 15 feet, and leave the poles and
wires as-is until some future property owner raises the issue.
(No cost)
2. Increase the easement to 25 feet and leave poles and wires in
present location. (No cost)
3. Relocate the line to fall within the platted easement. (Cost estimated
$9,000)
4. Increase the easement to 20.5 feet, leave the poles in place, but
rebuild the wires to one side and anchor some poles as needed. (Cost
estimated at $300)
I recommend that the last alternative be selected. The property will then
have an easement that will reflect actual conditions after the wires are
shifted to the North.
r' ,
SHAKOPEE SECTION 235 HOMEOWNERSHIP PROGRAM
ADMINISTRATIVE PRIORITY LIST
BY PROGRAM CRITERIA
PRIORITY CRITERIA (All priorities must meet Income Limits ( 1 )
and Family Definition ( 5 )
1 Displaced(2 ) , Currently live or work ( 3 ) , Not owned
home in 5 years (4)
2 Displaced( 2 ) , Currently live or work ( 3 )
3 Displaced (2 ) , Not owned home in 5 years (4)
4 Displaced (2 ) , Previously lived ( 3-2 )
5 Displaced ( 2 )
6 Currently live or work ( 3 ) , Not owned homE in 5 years (4)
7 Previously lived ( 3-2 ) , Not owned home in 5 years (4)
8 Currently live or work ( 3 )
9 Not owned home in 5 years (4)
10 Previously lived ( 3-2 )
11 Meet only income and family definition criteria
Policy Issues :
1 ) Does HRA endorse priority listing as given above?
2 ) Once negotiations for purchase agreement are underway with
eligible applicant , should higher priority applicant have
preferred position until purchaseagreement is executed?
3 ) In this last phase of the homeownership program, should the
HRA avoid selection of a family with a mobil home to sell?
SHAKOPEE SECTION 235 HOMEOWNERSHIP PROGRAM CRITERIA
The Shakopee Section 235 Homeownership Program is to be
administered according to United States Department of Housing
and Urban Development regulations for the Section 235 Home
Mortgage Program, as well as criteria established in the
Community Development Block Grant and by the Shakopee Housing
and Redevelopment Authority. Some of the more significant
criteria are outlined below.
1 . Income limits as outlined on attached schedule .
2 . Families who have been displaced from their residence as a
result of the Neighborhood Revitalization Project will have
first preference .
3 . Families who currently live or work in Shakopee will have
first preference . Families who have previously lived in
Shakopee will have second preference.
4. Families who have not owned a home within the last five
years (not including mobil homes) will have first preference.
5 . Families are defined as two or more persons related by blood,
marriage or operation of law or a single person if he/she
is over 62 years of age or is handicapped.
•
3-10-80
SHAKOPEE SECTION 235 HOMEOWNERSHIP PROGRAM
INCOME LIMITS
# of Family Members Income Limit
1 $15 ,250
2 $17 ,400
3 $19,550
4 $21 ,750
5 $23 ,100
6 $24,450
7 $25 ,850
8 and above $27 ,200
IviiiNovember, 1981
f�11
Col n c4 1 /34
MEMO TO: Members of the Shakopee Housing and Redevelopment Authority
(HRA)
. FROM: Jeanne Andre , Executive Director
RE: National League of Cities on New Block Grant Regulations
•
DATE: January 4, 1981
Introduction
The attached memo from the National League of Cities (NLC) outlines
the position that organization has taken on regulations for a state-
administered Community Development Block Grant (CDBG) program. This
memo was forwarded by Mayor Reinke for HRA consideration.
Background
Congress is contesting the current OMB (Office of Management and
Budget ) regulations regarding State administration of CDBGs , as
outlined in the attached memo. At its December Congress the NLC
took a stance on the debate between HUD, OMB and Congress on the
regulations . The attached memo calls on cities to support the NLC
position.
Alternatives
1 . Support the full NLC position on state-administered CDBG regula-
tions .
2 . Support a portion of the NLC position on state-administered CDBG
regulations .
3 . Adopt a separate position on state-administered CDBG regulations .
4. Take no position.
Recommended Action
Recommend that the City Council support the full National League of
Cities position on state-administered Community Development Block
Grants as outlined in its December 29 , 1981 memorandum, and direct
the City Administrator to prepare a letter outlining these comments
to the Department of Housing and Urban Development .
RECEIVED
�e�e� National 1301 Pennsylvania Avenue NW Officers:
League Washington,D.C. President JAN - 41982
Of 20004 WNren H Hudnut III
Mayor,Indianapolis,Indiana
Cltles (202)626-3000 wart
OF SHAKOPEE
Cable:NLCITIES Feld Harrison
Mayor,Scotland Neck North Caruana
Second V,c-r,President
December 29 , Ma19 81 Mayeager
yoor,r,Searle,Washington
immediate Past President
Jesse M Rattley
COuncilwoman,Newport News,Virginia
To: Mayors and Managers of Direct Member
xecutive Cities under 50,000 Alan Beals Director
Alan Beals
Executive Directors of State Municipal Leagues
From: Alan Beal
t://26.1 '11;44,111
Subject: Request for Comments on Regulations for Community
Development Block Grant to States of Small Cities
In the summer Congress made major changes in the way the Community
Development Block Grant funds are allocated and operated in small
cities. Previously, the program was operated by HUD through its
area offices which selected participants based on a rating system
that included need, program impact, and program benefits to low
and moderate income persons. While HUD may continue to administer
the program, states now have the option of taking over the entire
process.
Implementation of this new state block grant for CD has been delayed
by disagreements about the terms under whicn states will run the pro-
gram.
The debate between Congress, HUD and the Office of Management and
Budget over the multi-year funding requirement delayed the regulations
for over two months. This issue has been resolved, requiring states
to honor multi-year commitments if requested by their small cities .
HUD published interim regulations for the program on November 20, but
now further delays are occurring. Members in both the House and the
Senate have expressed concern that provisions in those regulations do
not carry out the intent of the statute. To address these concerns ,
the House Subcommittee on Housing and Community Development held a
hearing on December 11, to hear from HUD General Counsel John J. Knapp
and Assistant Secretary for Community Planning and Development Stephen
J. Bollinger on the proposed HUD CDBG-Small Cities Regulations re-
garding the requirements of the legislative review procedure and sub-
stantive provisions of the regulations. A memorandum from Representative
Henry B. Gonzales (D-TX) , chairman of the House Subcommittee on Housing
and Community Development, laid out the issues on which HUD and the
Congress differed. The memorandum reads, in part, as follows :
Past Presidents:Tom Bradley,Mayo I 5 t ti, •s Lai i , a•Henry W.Maier,MayM�'a,r k,", yti,•,,, •Tom Moody,M yii (.
0'1,0
10,111,1
i',,c
John P Ro. lr
rer ,Gu, a•Directors:Richard Arrington Jr. Mayor R r, ,I, it Alabama•Stephen C.Bauer.I r 'trArne Boyum, ntove )irN t I, •Charles G Clack,May,r n a,,I l, •Malcolm Clark,Cir t •Thomas J.Clark. M1'1111,, float h ( r •Joann.c,l � Thomas H.Cooke.Jr.,M .+'It h,uai, N Naw J,•,-.,•y.Willie Dell I1 Ptv ni ,'Woody
Elherl ,Jr.,,r •WElmer George. I (;1•••••,..1M
., t 1M1d ,1,111•m•Anne Gresham,I , I M , I,', •Paul E.Money,•,, Melhhur George Latimer. ,r •Ronald P INNv,,1., Ruth W.Mesainger,t N v Yr N,w i,Robert HMiller,f. C:oo,mllllI.r niinli,nrss;t,
•
•Ire
,
y •Ernest N.Mortal Mr, N, t, an;, t n„;,rna•Mary Neuhauser,•••)•,•,,,, NI•v,L" I; ;y ,na•Hernen Padilla,Mayor Ser Juan Puerlr,Ha 'Kenneth
Payne t ins at ) e,:Irn.Rn do itiiand I ea,7un of C I es lan,•Donald R Peoples.(-n •I I as-:ulrv, f3 dt, M, I Jayne H.Plank,Mayor K,•ns Wyton Maryland• Roach,
nr• ,_ ," Dryl Oh. James L Ryan, roulhls ..•,.ArUur E.Trujllto,Mawr.S.ir t,f, N w .t,,,,,i•Fred Turnage,Mrryr„ Rocky Mount Ni nIh ,PatriciaPaul i•John F.
Watkins,I n•, ,I. Doe,ntor AI,ilam❑I ea, of M , I,.,i❑, •Daniel K.Whitehurst.M.n,,,' I ri•,,,,, l'a I„o, ,
•Don A.Zim mean en.I., „I...ILo,Dn lir k.an•.,r.Muo„grafi I,•.p i,,,,
Memo to: Maayors and managers _
- Page 2
"A detailed review of the proposed regulations for the Community
Development Block Grant Small Cities program has revealed serious
problems that HUD has been unwilling to resolve with the staff on
an informal basis.
These problems include :
o Undercutting the program' s primary purpose of developing
viable communities principally for the benefit of low-
______
and moderate-income families ;
o Turning the program into what almost amounts to a general
revenue sharing program which will be distributed at the
discretion of each State Governor, providing that the Depart-
ment will afford great deference to the State 's interpretation
of federal law;
o Severely weakening existing standards of accountability and
record keeping;
o Deleting or creating ambiguity with respect to requirements
that small cities spend funds in compliance with Davis Bacon,
Historic Preservation, Uniform Relocation Ac.t, and EquaT Em-
ployment Opportunity__requirements . "
In a letter to the chairman of the House Subcommittee following the
December 11 hearing, HUD Secretary Pierce indicated that the hearing
had served to clarify many of the concerns expressed by members of the
subcommittee. Secretary Pierce pointed out that because the interim
rule published on November 20 cannot become effective earlier than
February 16 , the earliest effective date will not occur until several
weeks after Congress returns on January 25 . The public comment period
on the interm rule will close on January 19 , nearly a week before Con-
gress returns. Pierce suggested that the public comment period will
provide HUD and the Congress fuller information regarding the plans
and intentions of the states and that states and small cities will no
doubt address , in their comments , issues such as those raised in the
House hearings.
It is therefore very important that officials in small cities make their
views known during the comment period.
The position of the National League of Cities on these matters derives
from the National Municipal Policy and resolutions adopted at the Con-
gress of Cities in Detroit, December 2 , 1981 . Especially relevant here
is the resolution on CDBG which reads , in part :
"WHEREAS , because of these alterations (in the CDBG program in 1981)
we encourage the Federal government to declare and rein-
force the national purposes of the CDBG program which are :
"the development of viable urban communities, by providing
decent housing and a suitable living environment and ex-
panding economic opportunities , principally for persons of
low and moderate income;
Memo to: Mayors and Managers
Page 3
NOW, THEREFORE, BE IT RESOLVED that the National League of Cities
encourage the Federal government to insist that these
purposes of the CDBG program be adhered to and that all
efforts be made by HUD to discourage the program from be-
coming a general revenue sharing program.
BE IT FURTHER RESOLVED that we urge HUD to administer the changed
CDBG program in a balanced manner that will reduce un-
needed regulation but will also maintain the program' s
sense of purpose and distinctiveness
Based on this resolution and on statements in the National Municipal
Policy, NLC has several concerns about the "Interim Rule" . We urge
city officials to submit comments to HUD on these regulations , including
the following:
1) Objectives of the program. (Section 570. 489. ) By permitting the
states to define "low-and-moderate-income families" in any way they
choose, the regulations undercut the primary objective of the Act:
" the development of viable urban communities, by providing decent
housing and a suitable living environment, and expanding economic
opportunities, principally for persons of low and moderate income. "
The current definition, which is 80 percent of median income, has
proved to be a workable national norm. A trend away from the norm
would reduce political support in Congress for the CDBG program and
threaten its reauthorization. NLC urges (a) that the regulations
continue to use 80 percent of median income as the definition of low
and moderate income and (b) that states be required to adhere to
this definition in order to be consistent with the intent of the Act.
If there is a substantial argument for varying from this standard,
then we would think that this variation should be allowed only on a
case-by-case basis and the states should provide justifying rationales
in requesting the waivers.
2) Program Income. (Section 570. 494 (b) (2) . ) The regulations should
require states that recapture program income to re-allocate these
monies only for community development purposes that are eligible under
the Housing and Community Development Act. Such a requirement will
prevent CDBG program income from being diverted by states to other non-
related purposes and will maximize the monies available to cities under
this CDBG program.
3) Record-keeping. (Section 470. 496 . ) The regulations instruct
states to maintain such record-keeping requirements as they "deem
appropriate" . In effect, this provides no guidance to states. NLC
urges that states be required to maintain records that meet
generally accepted audit standards. These standards are well-known
and do not involve undue burdens on local governments. By requiring
such standards, the regulations would protect local governments from
unpredictable or potentially unreasonable state requirements,
bind HUD reviews to standards that are known beforehand, and pre-empt
Memo To : Mayors and Managers -
Page 4
Congressional criticism about Federal inability to trace "waste,
fraud, and abuse. "
4) Performance Reports. (Section 570. 497 . ) Again, the regulations
allow states to submit such reports as they "deem appropriate" . NLC
urges that the regulations provide guidance to states as to what
minimum monitoring an0 oversight will be necessary to meet statutory
requirements. This will make less likely subsequent findings of
violations of statutory intent and thus will protect local and
state government programs from disruption.
5) Local Consultation. The regulations should require that states
undertake good faith consultation with local government officials
prior to designing their small cities block grant program. The
" Interim Rule" does not mention such consultation.
Comments should be sent to: Document Clerk, Office of General Counsel,
Department of Housing and Urban Development, Room 5218 , 451 7th Street,
S.W. , Washington, D.C. 20510 . Each comment should include the
commentor ' s name and address and must refer to the docket number
R-81-940 . Comments Due Date : January 19, 1992 .
If you have any questions about this matter, please contact
Reginald Todd in NLC' s Office of Federal Relations, ( 202) 626-3030.
3
MEMO TO: Mayor and City Council
•
FROM: John K. Anderson, City Administrator
RE: Nominations to Fill Council Vacancy
DATE: December 31 , 1981
Council received resumes from only two applicants by the deadline
of December 30 , 1981 and the resumes of those two applicants have
been in Council ' s hands for two weeks . Council should nominate
both applicants and then decide if it wishes to waive the two week
waiting period before voting. If Council chooses to waive the
waiting period then it must do so by formal action and when the
vote is taken, it cannot be a secret ballot as originally planned
according to the City Attorney. If Council votes to fill the
position January 5 , 1982 then it may also wish to discuss the
Vice-Mayor' s position and the Planning Commission Liaison.
JKA/jms
- v
OFFICIAL PROCEEDINGS OF THE CITY COUNCIL
ADJ. REG. SESSION SHAKOPEE, MINNESOTA DECEMBER 15, 1981
Mayor Harbeck called the meeting to order at 7:30 P.M. with Cncl. Hullander,
Lebens, Reinke, Leroux and Colligan present. Also present were Gloria Vierling,
Cncl.-Elect; H. R. Spurrier, City Engineer; John K. Anderson, City Admr. and
Judith S. Cox, City Clerk. Julius A. Coller, II, City Attorney, arrived later.
Reinke/Lebens moved to approve the minutes of December 1, 1981 as kept. Motion
carried unanimously.
The City Admr. explained that the estate representative of the Joseph Kopp pro-
perty located in the area of the Bluff Street sewer and water project has requested
thA City help to pay for the cost of clean-up of the lot. The City Admr. further
expanded on the problems of building on the lot and what he feels is the City 's
responsibility.
Mary Susan Rein stated that the potential buys for this property does not want the
parcel unless he can build on those lots. The City Engineer stated the debris
could not be buried there because it is in the floodplain.
The Mayor stated that part of the problem is the City's problem because it allowed
a dump to be there, and part of it is the property owner' s responsibility for not
bringing it to the attention of the City.
Attorney Coller arrived at this point.
Hullander/Reinke moved to authorize City trucks to haul away the debris from the
Kopp property at 831 Bluff Street, and the City would pay the dumping charge for
the debris taken from the street r-o-w, with the property owner paying for the
dumping fee for the rest of the debris and the loader for the trucks.
Roll Call: Ayes; Unanimous Noes; None Motion carried.
James F. O'Neill explained the problem he feels is in existence at Progress Valley
Park regarding sewer charges for lawn watering. He feels it is unfair to charge
sewer charges for lawn watering uses which is not going into the sewer. HE: stated
he is willing to put in an additional meter for the landscaping water.
Hullander/Reinke moved to refer this matter to the staff to work with Progress
Valley Park tenants, developer and SPUC to work out a reasonable and agreeable solu-
tion and come back to the Council with it in January, 1982. Motion carried
unanimously.
Leroux/Colligan moved to accept the resignation of Gloria M. Vierling from the
Planning Commission with regrets.
Harbeck/Hullander moved to amend the motion to also have staff prepare a resolution
of appreciation. Motion carried unanimously.
Main motion as amended carried unanimously.
Hullander/Leroux moved to accept the letter of resignation of City Assessor, Larry
Martin, with regrets, and directed staff to prepare a resolution be drawn to commend
him for his work. Motion carried unanimously.
John Nelson stated he is having an ongoing problem with snowmobiles driving by so
close to his apartment building at 10th Avenue and Marschall Road, and he has
experienced property damage from them in the amount of $300-$400 per year. He said
there are 20-25 machines going by each day. He stated he does not wish to outlaw
snowmobiles in the entire City, but does want something done in this area. Discussion
followed.
Hullander/R,:inke moved to direct staff to bring back the existing snowmobile ordinance
as soon as possible before the snowmobiles cause any more problems, and City Council
look at the ordinance with an eye towards possibly changing it in terms of fine and
location of trail system and other regulations.
George Muenchow stated that the present ordinance states that the only place snowmo-
biles cannot go in the City are on State Aid Highways. In the City a snowmobile is
only supposed to go from Point A to Point B, and not just drive around the City, but
officers have told him that is very difficult to enforce.
'Shakopee City Council
December 10, 1981
Page 2
Leroux/Hullander moved to amend the motion to invite the officers of the local
snowmobile club to the Council meeting when the ordinance is being discussed.
Motion carried unanimously.
Main motion as amended carried unanimously.
Mayor Harbeck read a letter written by Joseph Perusich, Vice-Chrm. of the Planning
Commission, stating that the Planning Commission at its December 10, 1981 meeting
unanimously approvedthe Amendment and Modification to the Amended Redevelopment
Plan for the Elderly Highrise Redevelopment Project, Project No. 1, to provide for
the westward extension of Levee Drive.
Harbeck/Reinke moved to place the letter from the Planning Commission on file.
Motion carried unanimously.
Mayor Harbeck stated he received a letter from Community Services Board signed by
George Muenchow informing him of a meeting December 21, 1981 which would include a
public hearing at 7:30 P.M. on the subject of reduction of building uses and pro-
grams that may have to be reduced.
Cncl. Reinke reported that he attended the meeting in Chaska regarding surface water
management, and read into the hearing the position paper requested by the Council.
He stated there were other communities that voiced similar concerns.
Jim O'Neill requested a copy of the City's position paper for a report to the In-
dustrial/Commercial Commission.
The Mayor asked if there was anyone present in the audience who wished to address the
Council on any matter not on the agenda, and there was no response.
Mr. Cook gave an update on the progress made on the Eastside Park (JEJ Park) . He
stated the warming house and playground equipment were installed with a lot of help
from organizations and individuals. They will stain the warming house and seed the
rest of the area when weather permits. They will be hosting an open house from 1:00
to 3:00 P.M. on Saturday.
The City Attorney reported on his research on the background of establishment of the
Shiely pit and the control thereof.
Harbeck/Leroux moved to take the position that the Shiely operation is within the
City of Shakopee and therefore is under control of the City of Shakopee, and to advise
them that before there is any expansion or change in their operation they must apply
to the City for and receive a permit so to do; and by letter to direct the City
Attorney to contact Shiely Company at 1101 Snelling Ave. , St. Paul, Mn. 55108, and
advise them of the Council's decision. Motion carried unanimously.
Hullander/Leroux moved to open the public hearing regarding the vacation of two ease-
ments in Macey 2nd A-d'n. Motion carried unanimously.
The SPUC manager addressed two related problems; to wit, the actual location of the
overhead line which is not where it appears to be, and the moving of the transformer
He stated the estimate for moving the transformer is $588.
The Mayor asked for comments from the audience, and there were none.
Hullander/Reinke moved to close the public hearing. Motion carried unanimously.
Hullander/Leroux offered Resolution No. 1949, A Resolution Vacating Utility Easements
As Described Herein Lying Within Macey 2nd Addition, and moved its adoption. The
City Admr. summarized the resolution.
Roll Call: Ayes; Unanimous Noes; None Motion carried.
Hullander/Colligan moved to open the public hearing regarding the Highway 101 Frontage
Road from 0889 West to the West line of Cretex Industrial Park 1st Add'n. Motion
carried unanimously.
The City Engineer stated that at the request of City Council he had the consultant
draw up the different alignment of the frontage road to locate it North of Minn.
Body and Equipment Co. The City Engineer outlined the problems and costs of
alignments of the frontage road both north and south of Minn. Body and Equipment Co.
Shakopee City Council
December 15, 1981
Page 3
The City Engineer also commented on the letter received from Mr. Gelt, President
of North Star Auto, and his objections to the proposed frontage road, and responded
to his concerns.
Hullander/Lebens moved to place the letter dated December 8, 1981 from Sam Gelt,
President of Northstar Auto Auction, on file. Motion carried unanimously.
Harbeck/Hullander moved to notify the Shakopee Police Dept. and the Minn. Highway
Patrol of the Thursday auctions at Northstar Auto Auction, and request extra con-
trols for the anticipated road testing.at Hwy. 101 and CR89. Motion carried
unanimously.
Mr. Robert Rost stated he is completely opposed to Alternate No. 1 which would lo-
cate the frontage road behind his business. He stated he is sorry if Cretex is in-
jured by the location of the frontage road in front of his business, as in Alternate
No. 2, but his business will be injured more severely if the frontage road is located
behind his business S o that traffic on the Highway cannot see an entrance to his
business. He can't understand why there is so much concern with not allowing his
business to have access to the highway, when it doesn't dump on the highway near as
much traffic as Valleyfair, Raceway Park or Metro Waste, which all have accesses to
the highway. He would not object to the positioning of the frontage road behind his
business if he could have direct access from the highway. He doesn't understand why
the City is not connecting the road to Raceway Park and Shiely if it wants to elimi-
nate highway access. He just found out yesterday the City wants to take 300 feet
from the back of his property to put the frontage road there. He also stated he
hasn't heard anyone asking for a frontage road there.
The Mayor stated that a couple of years ago he had comments from several people that
they wanted a service road out there.
Mr. Rost stated that his is the only business in existence at this time and the only
one to be served by the frontage road, and to create problems for his business does
not seem fair and just.
Considerable discussion followed.
Mr. Rost pointed out that he was told by the City at the time he built that they had
a proposed alignment of the service road, and he should run his water line, etc to
the front, and he designed his buildings accordingly. Cncl. Leroux stated that the
State has changed its requirements since then.
John Bailey of Cretex, asked how certain the City was of getting the funds for the
improvement. The City Engineer stated it is absolutely certain if it occurs this
fiscal year. The plans were already ordered once, so the preliminary plans have
already been submitted to the State.
Mr. Bailey stated it seems premature as far as need to put in the service road, but
if we can get the road in now, it would seem to be the way to go. He really does
not like Alternate No. 2 for the location of the road, because it breaks up the
frontage property pretty badly. He would like to make some accomodation for Mr.
Rost, but doesn't see how.
The Mayor asked the City Engineer if he had requested a service road for Mr. Rost
for ingress only. The City Engineer stated that he had and it was turned down by
District Engineer Weichselbaum because of the cost of the project and the encumbrances
placed on turn-back funds. The City Engineer explained that it is the speed differen-
tial that causes many accidents and that is the reasoning for not allowing ingress
as well as egress. The Mayor stated he is not ready to accept the decision of a
staff member on such an important matter as this, and would like it presented to Mr.
Crawford, District Engineer.
Cncl. Hullander suggested requesting the Highway Dept. to allow this access providing
that if and when the property is sold the access would be eliminated. Mr. Rost said
he could accept that type of condition.
The Mayor asked for any other comments from the audience, and there were none.
Hullander/Harbeck moved to close the public hearing. Motion carried unanimously.
Shakopee City Council
December 15, 1981
Page 4
Leroux/Hullander moved to direct staff to prepare a resolution accepting the feasi-
bility report and directed preparation of plans and specifications for the frontage
road for the south alignment (Alternate No. 1) from CR89 to the West line of Cretex
Industrial Park 1st Addition. Motion carried unanimously.
Harbeck/Hullander moved 'to direct staff to contact Fifth District State Highway Dept.
Director, Mr. Crawford, regarding the Hwy. 101 frontage road alignment with the
possibility of an ingress to Minn. Body and Equipment Co. , and to set up a meeting
with Mr. Crawford, City Admr. , Mayor and Mr. Rost. Motion carried unanimously.
Hullander/Lebens moved to take the discussion about Valleyfair ride inspections off
the table. Motion carried unanimously.
Th'' City Admr. stated that the Mayor and several staff people met with representatives
of Valleyfair regarding the ride inspections, and Valleyfair representativEs haw-
suggested some changes in the proposal. The biggest change is that Valleyfair wants
their Physical Plant Director to certify the rides, and the City had required certi-
fication by a Minn. Registered Engineer. Considerable discussion followed.
Discussion also ensued regarding the possibility of incorporating Valleyfair's insu-
rance carrier's inspection for certification.
Valleyfair's representative, Mr. Wittmer, stated that the qualifications of the Physical
Plant Director are his responsibility, and he would trust his Physical Plant Director
much more than any Registered Engineer who doesn't know anything about the rides.
The responsibility is Valleyfair's and its insurance carrier, and he would suggest
the City not take on any additional responsibility that could just make it more
liable for any problems.
Hullander/Leroux moved to discuss these changes further with the Ass't City Attorney
and Building Officials and Valleyfair's insurance carrier, and to come back with a
recommendation. Motion carried unanimously.
Leroux/Colligan moved to approve the application and grant a Wine License to Valley-
fair, Inc. for the patio/deck area lying south of the roller coaster. Motion carried
unanimously.
Discussion was held regarding the dedication of the roadway east of Viking Steel as
a public highway.
Ray Peterson, of Viking Steel, stated that he has owned his property for 13 years.
The City sold a piece of property to Dressen Oil Co. without access. To correct this
Mr. Peterson has a license agreement with Mr. Dressen for ingress and egress. He
stated that the City is trying to solve the problem it created by taking 3/4 of an
acre of land from him with no consideration. This is land that he had paid taxes on
for years. If the City takes this roadway from him, it still doesn't solve the lack
of access for Mr. :Dressen, as it doesn't go all the way to his property.
Mr. Peterson stated there is an additional problem with the utilities on his property
which were put in without his permission and without an casement. In addition, Mr.
Peterson said this roadway is not in the Comprehensive Plan, so should not be allowed.
The City Attorney stated that the roadway was on that property for over 40 years, so
he doesn't believe the City will have any problem with common law dedication. The
City has a right to use it to the extent it has been using it. Mr. Peterson has to
pay taxes on it just like having property with an easement over it. He stated the
utilities are a different matter and should be taken up with SPUC.
Mr. Peterson stated that he originally leased the property for 2 years, and in that
lease agreement, the City was going to put in a blacktop road, which it never did.
Cncl. Hullander stated this whole subject came up because of a request from Mr. Dressen
for access to the property bought from the City, and if this process doesn't give Mr.
Dressen access, he didn't understand why the City is doing it. Further discussion.
Lebens/Leroux offered Ordinance No. 81, Fourth Series, An Ordinance of the City of
Shakopee Affirming the Dedication of the Highway Herein Described as a Public Highway
Pursuant to MSA 160.05, and moved its adoption. The City Admr. summarized the or-
dinance. Further discussion.
Reinke/Leroux moved to table Ordinance No. 81. Motion carried with Cncl. Lebens
opposed.
Shakopee City Council
December 15, 1981
Page 5
Hullander/Leroux moved to direct staff to come back to City Council by February,
1982 with a package including Ordinance No. 81, purchase of additional 8 feet or
more as necessary from Mr. Peterson, and the solution to Mr. Dressen's access
problem. Motion carried with Cncl. Lebens opposed.
Leb':ns/Hullander moved to place on the ballot at the next regular election the pro-
position of creating a new Permanent Improvement Fund to be used for the purposes
therein specified and as set out in a new ordinance, and if approved, riquest further
authorization to transfer all funds from the existing PIR Fund into the new one to
be set up by ordinance. Motion carried unanimously.
Leroux/Hullander moved to deny the request for extension of the final plat applica-
tion for the Sandlewood Addition with the stipulation that both the preliminary ane
final plats could be reviewed simultaneously when submitted in the future. Motion
carried unanimously.
Leroux/Reinke offered Resolution No. 1947, A Resolution of Appreciation to Gloria
Vierling, and moved its adoption. Motion carried unanimously.
Colligan/Leroux offered Resolution No. 1946, A Resolution Amending Resolution No.
1795, A Resolution Approving the Final Plat of Superior Supply 1st Addition, and
Rescinding Resolution No. 1912, and moved its adoption.
Harbeck/Leroux moved to amend Resolution No. 1946 to include in the Easement Agree-
ment a condition No. 4, that NSP show its utility plans to Shakopee. Motion carried
unanimously.
Resolution No. 1946 as amended carried unanimously.
Colligan/Hullanser offered Resolution No. 1948, A Resolution Amending the Public
Improvement Assessment Policy, and moved its adoption. The City Admr. summarised
the resolution. Discussion followed.
Roll Call: Ayes; Hullander
Noes; Lebens, Reinke, Harbeck, Colligan, Leroux
Resolution No. 1948 failed.
The City Admr. asked if the consensus was that a 50-50 assessment policy is what is
desired by the Council, and that was affirmed.
Colligan/Hullander moved that the bills in the total amount of $380,460.82 be allowed
and ordered paid.
Roll Call: Ayes; Unanimous Noes; None Motion carried.
Harbeck/Leroux offered Resolution No. 1951, A Resolution Establishing A Policy For
the City of Shakopee's Revenue Sharing Fund, and moved its adoption.
Roll Call: Ayes; Unanimous Noes; None Motion carried.
Cncl. Hullander was absent for the vote.
Leroux/Reinke moved to authorize staff to accept quotations and disburse funds within
budgetary limitations not to Exceed $5,000.00 for the purchase of us(d motor vehicles
for the Police Department.
Roll Call: Ayes; Unanimous Noes; None Motion carried.
Leroux/Colligan 'moved to proceed with application to acquire title to the island
adjacent to H. L. Weinandt's property. Motion carried unanimously.
Leroux/Lebens moved to authorize staff to advertise to fill openings of City boards
and commissions, with applications being accepted through January 13, 1982. Motion
carried unanimously.
Leroux/Lebens moved to approve Appendix A, Dated December 11, 1981 setting the wage
and benefit rates for Local #320 for 1982.
Leroux/Colligan moved to amend the motion to include this additional language regarding
overtime:
1. There is no required advance notice for call out time for overtime. If an
employee contacted for overtime refuses because of illness, he will not be
recorded as having worked and if an employee called is on vacation, he will not
be recorded as having worked.
Motion carried unanimously.
Roll Call on Amended Motion: Ayes; Unanimous Noes; None Motion carried.
,Shakopee City Council
December 15, 1981
Page 6
Hullander/Harbeck moved to purchase IBM 102 copy machine for $2,872.43.
Roll Call: Ayes; Unanimous Noes; None Motion carried.
Hullander/Lebens moved to authorize the proper City officials to obtain workmens
compensation coverage for 1982 from the League of Minnesota Citi s Insurance Trust.
Roll Call: Ayes; Unanimous Noes; None Motion carried.
Cncl. Hullander made a few farewell comments to th,: Council, as this is his last
Council meeting.
Harbeck/Reinke moved to adjourn to December 22, 1981 at 7:30 P.M. Motion carried
unanimously. Meeting adjourned at 11:10 P.M.
Judith S. Cox
City Clerk
Diane S. Beuch
Recording Secretary
OFFICIAL PROCEEDINGS OF THE CITY COUNCIL
ADJ. REG. SESSION SHAKOPEE, MINNESOTA DECEMBER 22, 1981
Mayor Harbeck called the meeting to order at 7:30 P.M. with Cncl. Leroux, Lebens,
Colligan and Reinke present. Cncl. Hullander was absent. Also present were Cncl.-
Elect Gloria Vierlirig; City Attorney Julius A . Coller, II; City Admr. John K.
Anderson and City Clerk Judith S. Cox.
Colligan/Harbeck moved to open the public hearing regarding assessments for the 1981
Diseased Tree Removal Program. Motion carried unanimously.
The Mayor asked if there were any comments from the audience regarding this hearing,
and there were none.
Reinke/Colligan moved to close the public hearing. Motion carried unanimously.
Colligan/Harbeck offered Resolution No. 1955, A Resolution Adopting Assessments,
1981 Diseased Tree Removal Program, and moved its adoption. The City Admr. summarized
the resolution.
Roll Call: Ayes; Unanimous Noes; None Motion carried.
Colligan/Lebens moved to open the public hearing regarding the amendment to the Re-
development plan for the Elderly Highrise Redevelopment Project. Motion carried
unanimously.
The Mayor asked if there were any comments from the audience regarding this amend-
ment, and there were none.
Colligan/Leroux moved to close the public hearing. Motion carried unanimously.
Leroux/Colligan offered Resolution No. 1952, A Resoiution Approving An Amendment to
the Amended Redevelopment Plan for the Elderly Highrise Redevelopment Project and
Authorizing the Preparation of Plans Related Thereto, and moved its adoption. The
City Admr. summarized the resolution.
Roll Call: Ayes; Unanimous Noes; None Motion carried.
The Mayor asked the Assistant City Attorney to review his concerns and opinion re-
garding Shakopee's responsibility and liability concerning ride inspections at
Valleyfair.
The Asst. City Atty. explained various Supreme Court decisions relating to governmental
immunity and responsibility for negligent inspections. He stated the City is not
required by State law to be responsible: for ride. inspections. The only reason the
City inspects rides is because of the ordinance in effect requiring it. H-: is con-
cerned that if the City continues to make ride inspections, it increases its liability.
He also stated that he has recently learned that thu engineer's insurance company
will not cover liability for ride inspections, so the City cannot require an engineer's
inspection. He suggested the City could continue to require inspections for new con-
struction, like other construction in the City, but discontinue the yearly ride in-
spection.
Considerable discussion ensued regarding the City's moral responsibility and liability
for continued inspections.
Leroy Houser, Building Official, stated that he feels that based on his experience
with the Valleyfair personnel, he is well satisfied that they are very responsible
people with an extremely large expenditure of equipment, manpower and real estate
who would not do anything detrimental to their patrons. It is their means of making
a living, and they will be sure everything is is good working order.
Harbeck/Leroux moved to instruct staff to draw up an ordinance>, to reflect the proposed
changes in occupancy permit requirements and continue new ride inspections, have it
reviewed by the Ass't City Attorney, and bring it back to Council. Motion carried
unanimously.
Colligan/Leroux moved to open the public hearing regarding the vacation of Shakopee
Avenue from Admas Street West to the alley between Adams and Jefferson. Motion
carried unanimously.
Shakopee City Council
December 22, 1981
Page 2
The City Admr. explained that the City has received a request from abutting property
owners for the vacation of this property.
The Mayor asked if there was anyone in the audience who wished to comment on the
vacation of this property.
Harry Weinandt asked what would happen to the property if the City vacated it, if
it would be up for bids. The City Attorney answered that the property line of the
abutting properties would go to the center of the road. They would own the property
by fee simple subject to the City's easement.
Discussion followed regarding the advisability of vacating this property in view of
the fact that the property to the east of it is undeveloped, and the fact that it
is not costing the City anything to maintain it.
The Mayor stated the County does not want any more openings on CR15, and the State
will not relinquish property for anything other than a park. Th- City Attorney
replied that the County has no control over opening or closing City streets. More
discussion took place.
Colligan/Leroux moved to close the public hearing. Motion carried unanimously.
Colligan/Lebens moved to deny the request for vacation of East One-Half of Shakopee
Avenue, between Adams and Jefferson. Motion carried with Mayor Harbeck opposed.
Leroux/Colligan moved to open the public hearing on the supplemental assessment for
the roadway improvements to Weinandt Acres 1st Ar'dition. Motion carried unanimously.
Mr. Weinandt explained that if there were no additional costs, he would not appeal
the supplemental assessment.
The Mayor asked if there was anyone else in the audience who wished to comment on
this public hearing, and there was no comment.
Colligan/Leroux moved to close the public hearing. Motion carried unanimously.
Leroux/Colligan offered Resolution No. 1959, A Resolution Adopting the Supplemental
Assessments For Project No. 1980-9 Public Improvement Program, Weinandt Acres 1st
Add'n, and moved its adoption. The City Admr. summarized the resolution.
Roll Call: Ayes; Reinke, Harbeck, Colligan, Leroux
Noes; Lebens
Motion carried
Leroux/Colligan moved to accept the amendment to the Hospital/County parking lot
agreement, which changes the dateof completion of the temporary parking lot to
December 15, 1981. Motion carried unanimously.
Upon question from the chair, "Shall the Hospital/County Parking Lot Agreement (for
Block 57 O.S.P. ) now pass, as amended?"
Roll Call: Ayes; Unanimous Noes; None Motion carried.
Colligan/Leroux offered Resolution No. 1953, A Resolution of Appreciation to Larry
Martin, and moved its adoption. The City Admr. read the resolution. Motion carried
unanimously.
Leroux/Colligan offered Resolution No. 1954, A Resolution of Appreciation to Gloria
Vierling, and moved its adoption. The City Admr. read the resolution. Motion carried
unanimously.
Leroux/Lebens moved to table Resolutions No. 1957 and 1958 until January 5, 1982.
Motion carried unanimously.
Leroux/Colligan moved to set the public hearing on vacation of drainage and utility
easements in Macey 2nd Add'n for January 19, 1982 at 8:30 P.M. for the following
described property: 10 feet on the southerly boundary of Lot 3, Block 3, except the
most easterly 10 feet and the most westerly 10 feet thereof; 10 feet on the northerly
boundary of Lot 4, Block 3 except the most easterly 10 feet and the most westerly 10
feet thereof. Motion carried unanimously.
Leroux/Colligan offered Resolution No. 1960, A Resolution Amending The City of Shakopee
Personnel Policy Adopted by Resolution 1571, and moved its adoption. The City Admr.
summarized the resolution.
Roll Call: Ayes; Unanimous Noes; None Motion carried.
. . Shakopee City Council
December 22, 1981
Page 3
Colligan/Reinke moved to approve the application and grant a bingo lic. nse and a
gambling license for 1982 to the V.F.W. , 132 East First Avenue. Motion carried
with Cncl. Lebens opposed.
Colligan/Harbeck moved to table the application for bingo and gambling license from
the American Legion,. East First Avenue. Motion carried unanimously.
Discussion was held regarding clarification of 1982 pay schedule for clerical
ranges.
Leroux/Lebens moved to adopt the administrative procedures and Clerical Pay Schedule
Clarification requested by the auditor as outlined in the City Admr. 's memo of
December 22, 1981.
Roll Call: Ayes; Unanimous Noes; None Motion carried.
Leroux/Colligan moved to approve the application and grant an On Sale and a Sunday
Intoxicating Liquor License to Vertigo, Inc. , 101 East First Avenue, upon surrender
of the current licenses within seven days. Motion carried unanimously.
Colligan/Leroux moved to approve the application and grant a pool table license for
1982 to Shakopee Bowl, 222 E. 1st Avenue. Motion carried unanimously.
Leroux/Colligan moved to approve the application and grant a pool table license for
1982 to R. Hanover Inc. (Richard's Pub), 911 E. 1st Ave. Motion carried unanimously.
Colligan/Harbeck moved to approve the application and grant a pool table license for
1982 to The Shakopee House, 1583 E. 1st Ave. Motion carried unanimously.
Lebens/Leroux moved to approve the application and grant a pool table license for
1982 to Abeln's Bar, 220 West 2nd Ave. Motion carried unanimously.
Reinke/Colligan moved to approve the application and grant a pool table license for
1982 to Sub-Machine Shop, 1350 E. 1st Ave. Motion carried unanimously.
Leroux/Reinke moved to approve the application and grant a pool table license for
1982 to Vertigo, Inc. (Opera House Saloon), 101 E. 1st Ave. Motion carried unanimously.
Mayor Harbeck read the letter he wrote to Senator Schmitz regarding an evaluation
of the Metropolitan Council.
Leroux/Colligan moved to have City Council support Mayor Harbeck's letter of evalua=
tion of the Metropolitan Council. Motion carried unanimously.
Mayor Harbeck made a few closing remarks as this was his last Council meeting.
Colligan/Leroux moved to adjourn. Motion carried unanimously. Meeting adjourned
at 9:00 P.M.
Judith S. Cox
City Clerk
Diane S. Beuch
Recording Secretary
December 29th, 1981 :RECEIVED
Larry Moonen DEC 3 1 1981
1698 12th. Ave. W.
Shakopee , Mn. 55379 JTY °F SHS QF
To The Shakopee City Council,
I wish to bring to your attention the use of snowmobiles in the City of
Shakopee.
In general I do not believe the use of off road vehicles in the city proper
is desirable. According to Minnesota snowmobile laws 84.92(2) "No person
shall operate a recreational motor vehicle on lands not his own except
where allowed by law, w$lithout the written permission of the owner. "
A tour of the city will show numerous violations of this statute. If the
snowmobiles do not operate on peoples property they operate on the streets
itself. I believe this to be a safety hazard for themselves and other
motorized traffic.
In my case because of Ithe landscaping of my neighbors and myself, snowmoilwilers
traveling the path of least resistance drive through my yard passing within
fifteen feet of my house.
I consider this annoying and a violation of my property rights. I would
ask the council to adopt an ordinance similar to the City of Bloomingtons
banning all off road use of recreational vehicles within the developed portion o:
of shakopee .
A
y,
,z-hle/ 7cca
Judith H. Moonen
1
67;6
411
4146"):
kt,
St,Francis Hospital
325 WEST FIFTH AVENUE/SHAKOPEE,MINNESOTA 553791(612)445-2322
F .x R �. =,,
December 18, 1981 D
Mayor Walter Harbeck
City of Shakopee ` _ 4 -,
City Hall
129 East First Avenue
Shakopee, MN 55379
RE: Parking Agreement
Dear Mayor Harbeck:
I am happy to inform you that the development of a temporary lot on our
property is complete and the lot is being utilized by our staff and
visitors. The surface of the lot is Class 5 crushed rock and it will be
blacktopped when the storm sewer is installed per our agreement.
I am enclosing a signed copy of the parking agreement for Block 57 in
Shakopee. I am also enclosing a resolution from the Board of Directors
of St. Francis Hospital supporting the installation of a storm sewer, to
provide for water run-off from Block 57 as soon as possible.
In light of the City Council ' s recent discussions to modify the storm sewer
policy, we are concerned how this cost will be assessed the the benefited
parties. Although this issue is not specifically addressed in the agree-
ment we are willing to assume a reasonable portion of the assessment.
The City of Shakopee has exhibited a willingness to assist in the estab-
lishment of new businesses and an interest in attracting investors in our
community. In light of this business climate it should be recognized that
ST. Francis hospital is currently employing over 450 individuals , many of
whom reside in Shakopee or surrounding communities. We have also served
the medical needs of these communities well for over four decades.
St. Francis Hospital is scheduled to begin the new construction/renova-
tion program on December 21 , 1981 . We will make an investment of approxi-
mately $ 6.7 million dollars with private funds. The fee for the
building permit alone is $ 21 ,000.00.
As one of Shakopee's largest and oldest community service employers, we
respectfully request your assistance in continuing in this role. Your
support for the Holmes Street Lateral Storm Sewer is greatly appreciated.
SPONSORED BY THE FRANCISCAN SISTERS OF ST. PAUL, MN
Mayor Walter Harbeck
December 18, 1981
Page Two
7 would also like to take this opportunity to invite Mayor t-1P ct
,,; Eldon Reinke to the February meeting of St. Francis Hospital 's Board
of Directors to discuss these issues in greater depth.
Sincerely,
Thomas K. Prusak
Director of Operational Services
TKP:hme
Enclosures: 2
cc: Sister Agnes Otting
Dr. Robert Mayer
John Anderson
City Council :
Dean Colligan
Dolores Lebens
Eldon Reinke
Dick Hullander
John Leroux
- RESOLUTION
BOARD OF DIRECTORS
ST. FRANCIS HOSPITAL
SHAKOPEE, MINNESOTA
Motion passed by unanimous vote of the Board*.
RESOLUTION ON HOLMES STREET LATERAL STORM SEWER
TO SERVE BLOCK 57
WHEREAS, St. Francis Hospital has experienced a critical parking shortage over
the past decade;
WHEREAS, This parking problem has been intensified by competition for existing on
and off-street parking space with Scott County employees working at the Court House;
WHEREAS, St. Francis Hospital has planned in joint and agreed wtih the County and
City to resolve this problem to the mutual benefit of the three parties;
WHEREAS, St. Francis Hospital supported the development of Block 57 for parking and
has in fact developed Lots: 1 , 2, 10, 9, and W z of Lot 8 for parking;
NOW THEREFORE, BE IT RESOLVED, that St. Francis Hospital requests the City of
Shakopee to install a lateral storm sewer as soon as possible so that the area will be
adequately served and permanent black to may be placed on Block 57.
I , Sister Johanna Metzen, Secretary of the Board of Directors of St. Francis
Hospital , certify that the foregoing resolution was presented and approved at the Board
of Directors meeting the 7th day of December 1981 .
Witness may hand and official seal at Shakopee, Minnesota this 7th day of
December, 1981 .
Subscribed and sworn before me
this 7th day of December, 1981
x,,n,vnnnannAAAAmnnxnnnA kmAy nsn;s.°,
Rr` 3. Cts EISEL
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li NO tr !'t13 r'i ,)OTA ("tit,f.( ..;'' 0 /41/(;41,01----'
`Notary omission Expires Nay.2,1835 Sister Johanna Metzen
XVWJWY'AML^dWW4\lWVW1MfWwI4'VvY
Secretary, Board of Directors
*Roll Call Vote: YES YES NO
Dr. Robert Mayer Sr. Theresa Markfort NONE
Mr. Gerald Rekow Mr. Lambert Hennen
• B.A. Bershow, M.D. Sr. Agnes Otting
Dr. Paul Nevin Mr. Dallas Capesius
Sr. Mary Wolfe Sr. Mary Ann Letendre
gQ
MEMO TO: Mayor and City Council
FROM: John K. Anderson, City Administrator
RE: Murphy ' s Landing
DATE: December 30, 1981
Introduction
City Council , at its December 15 , 1981 meeting, asked that staff
locate and provide Council members with a copy of Ordinance No.
290 which conveyed City owned land to the Scott County Historical
Society for Murphy ' s Landing.
Background
Council asked for a copy of Ordinance No. 290 (attached) because of
the current proposal to have the facility transfered to the Hennepin
County Park Reserve District under the Scott-Hennepin Park Advisory
Board. The proposed transfer was the idea of the Murphy ' s Landing
Board and staff as they sought a solution to the project ' s financial
difficulties .
I have asked Mr. John Lynch to attend Tuesday ' s meeting to provide
Council members with an opportunity to ask questions about the
proposed transfer of facilities and how it fits the "Limitations
and Reservations" of the conveyance as outlined in Ordinance No.
290 .
Summary
Much of what the Board and staff are trying to accomplish at Murphy ' s
Landing is outlined in a report produced for the Board by the Midwest
Research Institute entitled "The Economic Potential of Murphy' s
Landing" . I have copied the summary and conclusions of the report
and they are attached. If you would like to look over the whole
report please contact me.
JKA/jms
• An Ordinance Providinr for the Conveyance of Certain Lands to the Scott County
Historical Society, Inc., and Attaching Certain Conditions Thereto
and Placing Certain Restrictions Thereon
WHEREAS, The Scott County Historical Society, Inc., hereinafter referred to
• as the Society, is a duly incorporated non-prefit society under and pursuant to
the laws of the State of Minnesota, and
1.,IEREASI 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 n,nd 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 funds for said purpose, and
'.•E LEA;, 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
W1 REAS, The Planning Commission of the City of Shakopee has on June 18, 1968
f.� by a unanimous vote of all of its members duly determined that the City property
� t
hereinafter described would serve a superior public use and purpose if in fact ij
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.
Tili:fEFUIZ , THE CU.VOU COUNCIL OF THE CITY OF SHAKOPEE DOES ORDAIN:
SECTION I: Adopting and Approving_ the Findings of the P1annini4 Commission
The Common Council hereby adopts and approves the findings of the Planning ,
Commission that the property hereinafter described is no longer needed by the 4`s
Alt 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 furhher .
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.
?he Common Council of the City of Shakopee hereby authorizes and approves -�
the conveyance and transfer of title to the Scott County Historical Society, Inc.
for the nominal consideration of One and no/100 Dollar
the followint; described tract of land, to-wit:
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 Nor.th, .Ranke 22 West; that part of Government
Lots 1 and 2, the Northwest ..;uarter of the Northeast ',darter,
and the Northwest Quarter of the Northwest Quarter of Section 5,
Township 115 North, Ranee 22 West lying North of the North line
of State Trunk Highway 001, 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 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 .ani;les a distance
of 202 feet; thence deflecting to the West at an angle of 87°43'
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 2.3°3U' 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; thnnce .easterly and
parallel to said North bank to the iiinneso;.a Piver .and there 411
terminmting.
Excepting therefrom the following described tracts:
1. The Northeast Alarter of the Northeast Quarter of the Northeast
:tLarter, Section 5, Township 115 North, Range 22 West, lyint; i�ortii
of the North line of State Trunk Highway 1101, and
Reserving;, however, unto the City of Shakopee all right, title and interest
111
in all structures and improvements in and on and the right to possess for a period.
not to exceed ten years fror.l and after Januar,' 1, 1969 the following tract, to-wit:
411
The South Half of the Southeast Quarter of Northwest :.quarter of
Northeast euarter of Northwest Quarter of Section 5, Township
115 North , Range 22 West lying North of the North line of State
Trunk Highway ~1101, and
•
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 an
•
presently located and traveled; said strip of land being located in the Northwest
;carter of Section 5, Township 115 North, Flange 22 West and running in a general
northerly .. southerly direction between State Trunk Highway ;,101 and30 feet North
• of the :all Creek, but granting to said grantee, its licensses 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 Minnesota.
Said transfer and conveyance above authorized and directed shall be upon the
following conditions, limitations, restrictions and further reservations, to-wit;
A. The site is to be developed for and used as an Historical Society Park
• and fuseum at the sole expense of the Scott County Historical Society, Inc. and
the said development shall be commenced within twelve (12) months from the adoption
f this ordinapce. and shall continue thereafter under the direction of said Scott
County Historical Society, Inc. for the benefit, use anr; education of the general
public, and upon sucu reasonable non-exclusive restrictions and 1iN*htjons as may
be adopted by said. society.
r. Thai: the site and said improvement.; and betterment:3 placed thereon shall
not be sold, encumbereucl, mortgaged or hypothecated, and that the Society shall
keep said property free of any and all liens and other dtachnents at all tines.
C. That the Society shall hold the City free and harmless from any and all
claims arising out of the use and development of said site as afore:nentioned 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 with the City of Shakopee and Scott County Historical
Society, Inc. named as assureds thereunder.
_
D. That the Society maintain at all times, a minimum active, paid-up mcmbershia
roster of one hundred 100 Scott County residents.
E. 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 verifyinu: that
-4%
at least a substantial amount of all said monies be committed for the physical
development and artifacts to be placed on and for the qaintenrnce of said project
on said land above described.
F. That the Society hold at least two general meetings per year and an
annual election or officers, and promptly 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 iinnesota for the location and construction of a bridge,• highway and interchang
t$
over and across said tract as nate 1-,ni nrr aft, i 1,.r 4-1,c, /': 4,. �t, r a_L _ _r •; „ ___i _'41
1 cs azuciu�, uep wuum; a<<u commissions, qui nout incurring any Lig bility damages
or indemnity whatsoever to said Society.
H. That, should the Society fail to attract the anticipated financial support
and to develop an use andproperly maintain said site as proposed and hereinbefore •
sot out,. or fail to comply with any of the terms of this ordinance, title to said
site together with all improvertents 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 •
performance here'.nder shall be in the first instance determined by the Common
Council of the ;ity 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 detervination 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
111
or for its invitees and licensees against the City of Shakopee for any reason or
cause that arose, arises or night arise or result fron the operation of the present
s.uefe disposal facilities operated by the City of Shahopce in the vicinity of the
sewage
above described property of any future/disposal operations carried on in the vicinity
of the above described land.
SECTION IV: 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 hereof. .
SECTIY V Acceptance by the Society' and When in Force
4111
This ordinance shall become 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, 410
upon authorization given by a vote of the general membership of said Society duly
aseemhled. N.M•
... . wvv...s .1... 4117.1 .. ..1 04�ALVl{ V1 14/e t,orltnOCl l,ounc11 01- the City of Shakopee
' . ' Clij C
held this 17 day of December , 196 8 _. - ) D
(...„... _ ; .-.---': .22L.14•ALs_t_,
i'r•rsit4ece,, f he Comrion Council
V(...T''.."'' 1.)
• . City Recorder
Apprn 2d this 1. l fio1'• Pecembec 196 8 .
C:; \ .---x--:..,-- 6E "
_;loyot of ti , City of Sh;rbopee
l:
Prepsred and approved as to foz-ra
CS
this 13th day of Decenber, 1968.
•
City Attorney
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•
SUMMARY AND CONCLUSIONS
• Murphy's Landing is a village museum located in Shakopee, Minnesota, on the
southwestern edge of the Minneapolis-St. Paul metropolitan area.
• Although it has been under development since 1967, operating staff of Murphy's
Landing views it as incomplete because many of the buildings and structures
originally planned for the site are not yet in place.
• Despite its state of incompletion, Murphy's Landing is already one of the
largest--also one of the most attractive--village museums in the country.
With 48 buildings already on the 70-acre site, it is larger than most
comparable facilities. The buildings on site are in excellent condition
for the most part and attractively arranged. The restoration is arranged
along a mile-long front overlooking the Minnesota River, with some views
second to none among village museums.
• Although never opened officially, the site is open to the public and serves
around 30,000 students and adults a year during a six-month season, including
five summer months and December.
• Revenues derived from gate fees, concession and gift shop sales, membership
fees, and allied business activities have been consistently lower than
operating and capital expenses. Deficits have been covered from private
donations, state and county grants, and federal grants from housing and
• employment programs.
• Operating emphasis has been on capital development activities rather than
programming in efforts to complete the site. Programming, consequently,
has been understaffed and the quality of interpretation has been left to
the individual intitative of part-time paid and volunteer interpreters.
• In some respects Murphy's Landing is similar to the "typical," small village
museum. Murphy's Landing has somewhat higher attendance (30,000 versus
26,000) , a somewhat higher operating budget ($170,000 versus $145,000) , and
fewer full-time staff members (four versus eight) .
• Murphy's Landing is different from the "typical" village museum in that it
is located in the vicinity of a large metropolitan area; covers a long
period of history (1840 to 1890) versus one or a few years in most museums;
emphasizes multiple ethnic groups versus one in most others; and has many
more buildings (48 versus the average of 16 for village museums) .
• Murphy's Landing can be viewed as a large village museum operated and
financed like a small one. A number of problems arise from this contrast.
• The key problem faced by Murphy's Landing is a contradictory strategy of
operations under which too much has been attempted without the requisite
iv
' resources. Funding has not materialized for the very ambitious developmental
plan, but the plan has not been modified. The site was opened to the public
in order to obtain .revenues, but program activities have not been stressed
or funded to make the visitor's experience dynamic and entertaining.
Operating under excessively high work loads, the staff has tended to fight
fires rather than running the facility. Over time, this has resulted in
fatigue and an inward-looking rather than an outgoing style of management.
• An important step toward the economic stabilization of Murphy's Landing
would be the adoption of a strategy better geared toward the realities of the
market and the ability of funding sources to support operations and
development.
• MRI recommends a strategy that emphasizes programming and outreach--utilizing
already existing facilities to the fullest rather than adding new facilities.
Some additional capital investment (Phase I, described in the body of the
report) is essential to complete work on buildings already on the site.
Additional investment, however, should be viewed as discretionary rather
than as necessary for successful operations.
• Successfully operating village museums, those with stable operating budgets
and ability to raise capital, have a large endowment or an active and
effective outreach program. Outreach activities depend on dynamic and
entertaining programming and judicious cultivation of the community.
Because Murphy's Landing does not: have an endowment, it should begin
immediately to build up its attendance and its outreach to the community--
• hence our recommended emphasis on programming.
• We estimate that Murphy's Landing has a potential attendance of around
60,000 people today. The site is now realizing about half of its potential.
The site's primary market area--the population within a 30-minute drive of
Murphy's Landing--is growing much faster than the population of the
metropolitan area as a whole. The potential attendance will be 80,000 in
1990 and 100,000 in the year 2000. Because of its size and attractive
location, the facility could attract even greater attendance eventually,
but that will require both time and extraordinary effort.
• Assuming a change in strategy and an orderly, modified, capital development
program, we conclude that Murphy's Landing can become a viable operation
by 1988, requiring thereafter financial support from donors or governmental
grants of no more than 25 percent of its operating budget (around $100,000
a year) .
• To reach that point, however, the facility will require an operating subsidy
of approximately $170,000 a year over the next seven years.
• During the same period, capital expenditures of $1.1 million should be made.
Of this total, however, only $332,000 are essential; these Phase I
expenditures should be made immediately.
v
Gel
MEMO TO: John Anderson
City Administrator
FROM: Don Steger
City Planner
RE: Adoption of "Sewage and Waste Control Rules and Regulations
for the Metropolitan Disposal System"
DATE: December 29, 1981
As part of the City's Comprehensive Plan review, approval of the Plan by
the Metropolitan Waste Control Commission (MWCC) was necessary. The
attached letter, dated December 21, 1981. informed the City of the MWCC
approval. However, the MWCC is requesting the City to adopt the "Sewage
and Waste Control Rules and Regulations for the Metropolitan Disposal
System", as attached. Once adopted by the City, the Comprehensive Plan
review by all agencies will have been completed.
Action Requested:
Direct staff to set public hearing and authorize appropriate City officials
to prepare the ordinance which would adopt, by reference the "Sewage and
Waste Control Rules and Regulations for the Metropolitan Disposal System",
dated December 1, 1971.
DS/jiw
Attachments
kOPOL.ITPf
ITE
ROL RECFIVED
DEC 2 9 1981
CITY OF SHAKOPEE
December 21, 1981
Mr. John K. Anderson
Administrator
City of Shakopee
1290 East First Avenue
Shakopee, MN 55379
Re: Comprehensive Sewer Plan
City of Shakopee
Dear Mr. Anderson:
The Metropolitan Waste Control Commission has approved the Comprehensive
Sewer Plan for the City of Shakopee. The attached resolution (MWCC
Resolution No. 81-295) transmits the action taken by the Commission at its
December 15, 1981 meeting. In accordance with the provisions of the Metro-
politan Waste Control Commission Act, the City may undertake the sanitary
improvements as programmed in the Comprehensive Sewer Plan.
The City should operate its sanitary sewer system in accordance with the
"Sewage and Waste Control Rules and Regulations for the Metropolitan
Disposal System" dated December 1, 1971, of which one (1) copy is enclosed
for your information and use. The City should adopt this document by
reference andagree to comply with all the rules and regulations of the
Metropolitan Disposal System. This action will enable the City to comply
with the attached Commission resolution approving the Comprehensive Sewer
Plan for the City. A copy of your ordinance should be filed with the
Commission for our information and records.
The Commission wishes to thank the City of Shakopee for the submission of
its plan and the assistance provided the Commission during the review
process. If you require any additional information, please feel free to
contact the Commission.
Very truly you s,
e7(1,
George W. Lusher
Chief Administrator
GWL:EJB:hw
Enclosures
cc: Lowell Thompson, MC
Svenn E. Borgenson, MWCC Commissioner Precinct H
}50 METRObOUARE BLDG.
7TH E.ROBERTITREET!
!AIM PAUL mn 55101
612 222.8423
L.`
Business Item "F"
METROPOLITAN WASTE CONTROL COMMISSION
;) 350 Metro Square Building, Saint Paul , Minnesota 55101
222-8423
RESOLUTION NO. 81-295
RESOLUTION APPROVING THE COMPREHENSIVE
SEWER PLAN FOR THE CITY OF SHAKOPEE
WHEREAS, The City of Shakopee has previously had an interim Comprehensive
Sewer Plan approved by the Commission in May, 1977; and
WHEREAS, The City has since adopted the sewer element of its Comprehensive
Plan as its Comprehensive Sewer Plan in accordance with the Metropolitan
Land Planning Act, and has submitted the Plan to the Commission for approval ;
and
WHEREAS, The City is presently undertaking an I/I Analysis Study to determine
the source of excessive infiltration/inflow; and
WHEREAS, The City has adopted the Scott County on-site sewage treatment
orinance; and
WHEREAS, The Metropolitan Council has determined that any needed diversion of
local service area flows from one district to another is the responsibility of
the City; and
WHEREAS; The subject plan conforms to the Metropolitan Disposal System Plan;
NOW, THEREFORE, BE IT RESOLVED, That the Metropolitan Waste Control Commission
hereby approves the Comprehensive Sewer Plan for the City of Shakopee, contin-
gent upon the conditions that the City operate its sanitary sewer system in
accordance with the "Sewage and Waste Control Rules and Regulations for the
Metropolitan Disposal System", and construct and finance any facilities necessary
to divert local wastewater flow from one local service area to another.
Adopted this 15th day of December, 1981
METROPOLITAN WASTE CONTROL COMMISSION
By ‹ 74;9A.... BY ./A/tik.t... .ArgriC..'
G,�/
Salisbury A.. s, C airman eorge ". Lus er, hief 'dministrator
GWL: EJB:CLL
METROPOLITAN SEWER BOARD
350 Metro Square Building — St. Paul, Minnesota 55101
SEWAGE AND WASTE CONTROL
RULES AND REGULATIONS
FOR THE
METROPOLITAN DISPOSAL SYSTEM
December 1, 1971
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TWxN CS
TABLE OF CONTENTS
Page
ARTICLE I. AUTHORITY AND PURPOSE. 1
ARTICLE H. DEFINITIONS. 1
Section'2-1. "Sewer Board" 1
Section 2-2. "Chief Administrator" 1
Section 2-3. "Metropolitan Area" 1
Section 2-4. "Metropolitan Disposal System" 1
Section 2-5. "Disposal System" 1
Section 2-6. "Sewage" 1
Section 2-7. "Industrial Waste" 1
Section 2-8. "Other Waste" 1
Section 2-9. "Waste" 2
Section 2-10. "Sewer" 2
Section 2-11. "Garbage" 2
Section 2-12. "BOD" 2
Section 2-13. "COD" 2
Section 2-14. "Chlorine Requirement" 2
Section 2-15. "pH" 2
Section 2-16. "Slug" 2
Section 2-17. "Suspended Solids" 2
Section 2-18. "Agency," "local government," and "person" 2
Section 2-19. "Shall" and "may" 2
ARTICLE III. NEW CONSTRUCTION, ALTERATION OR
IMPROVEMENT OF DISPOSAL SYSTEMS. 2
ARTICLE IV. CONNECTIONS TO METROPOLITAN
DISPOSAL SYSTEM. 3
Section 4-1. Connection:Permit 3
Section 4-2. Connection:Application 3
Section 4-3. Connection: Application Information 3
Section 4-4. Connection:Inspection Prior to Use 3
Section 4-5. Connection:Notice of Work On 3
Section 4-6. Connection:Requirement for Same 3
Section 4-7. Connections:Private Disposal Systems 3
Section 4-8. Connections:Prohibition 4
Section 4-9. Connections:Information and Reports 4
—i—
Page
ARTICLE V. PROHIBITED WASTES INTO THE
METROPOLITAN DISPOSAL SYSTEM—
MEASURING METHODS. 5
Section 5-1. Waste Discharge Regulations 5
Section 5-2. Treatment of Prohibited Waste 5
Section 5-3. Limitations on Discharges 5
Section 5-4. Exclusion of Waste 5
Section 5-5. Regulatory Actions 7
Section 5-6. Pretreatment Facilities Operations 7
Section 5-7. Admission to Property 7
Section 5-8. Trap Installations 7
Section 5-9. Industrial Waste Measurement and Sampling 8
Section 5-10. Industrial Waste Analyses 8
Section 5-11. Measurement and Test Procedures 8
Section 5-12. Confidentiality of Critical Information 8
Section 5-13. Special Agreements 8
Section 5-14. Industrial Waste Surcharge 9
Section 5-15. Accidental Discharges 9
ARTICLE VI. DISPOSAL OF SEPTIC TANK SLUDGE. 10
Section 6-1. Permits 10
Section 6-2. Approved Sites 10
Section 6-3. Metropolitan Area 10
ARTICLE VII. PENALTIES, AND COST RECOVERY. 11
Section 7-1. Violations 11
Section 7-2. Penalties 11
Section 7-3. Cost Recovery 11
ARTICLE VIII. ADMINISTRATION. 12
Section 8-1. Enforcement 12
Section 8-2. Information 12
Section 8-3. Responsibility 12
ARTICLE IX. EFFECTIVE DATE AND SEVERABILITY. 13
Section 9-1. Effective Date 13
Section 9-2. Severability 13
Section 9-3. Date of Adoption 13
—ii—
RULES AND REGULATIONS GOVERNING
CONNECTIONS TO AND THE USE OF
THE METROPOLITAN DISPOSAL SYSTEM;
AND PRESCRIBING PENALTIES FOR VIOLATIONS
ARTICLE I. AUTHORITY AND PURPOSE.
These rules and regulations are adopted by the Metropolitan Sewer Board pursuant to
Minnesota Statutes, Chapter 473C, and are declared to be necessary for the efficient, economic
and safe operation of the metropolitan disposal system, and for the protection of the health,
safety, and general welfare of the public in the metropolitan area. They are intended to carry
out the comprehensive plan for the metropolitan disposal system as contained in the Metro-
politan Development Guide for Sanitary Sewers adopted by the Metropolitan Council on
January 22, 1970, and as may be amended, and to prevent and abate pollution through the
regulation and control of connections to and the use of the system for the conveyance, treat-
ment, and disposal of waste.
ARTICLE II. DEFINITIONS.
The terms defined in this Article shall have the meanings given them unless otherwise
indicated by the context.
Section 2-1. "Sewer Board" means the Metropolitan Sewer Service Board established
by Minnesota Statutes, Section 473C.03.
Section 2-2. "Chief Administrator" means the Chief Administrator of the Sewer Board
or his duly authorized representative.
Section 2-3. "Metropolitan Area" means the area in the counties of Anoka, Carver, Da-
kota, Hennepin, Ramsey, Scott and Washington.
Section 24. "Metropolitan Disposal System" shall have the meaning given it in Minne-
sota Statutes, Section 473C.02.
Section 2-5. "Disposal System" shall have the meaning given it in Minnesota Statutes,
Section 115.01.
Section 2-6. "Sewage" means the water-carried waste products from residences, public
buildings, institutions or other discharge from the bodies of human beings
or animals.
Section 2-7. "Industrial Waste"means any solid,liquid, or gaseous waste, including cool-
ing water, resulting from any industrial or manufacturing process or from
the development, recovery or processing of natural resources.
Section 2-8. "Other Waste" means garbage, municipal refuse, decayed wood, sawdust,
shavings, bark, lime, sand, ashes, offal, oil, tar, chemicals, and all other
• substances not sewage or industrial waste.
—1—
Section 2-9. "Waste" means sewage, industrial waste and other waste as defined herein.
Section 2-10. "Sewer"means a pipe or conduit designed or used to conduct waste. "Sewer
System" means a system or group of sewers. "Combined Sewer" means a
sewer or sewer system all or part of which is designed or used to conduct
both waste and surface water runoff.
Section 2-11. "Garbage" means solid wastes from the preparation, cooking, and dispens-
ing of food, either domestic or commercial, and from the handling, storage
or sale of meat,fish, fowl,fruit or vegetables and condemned food.
Section 2-12. "BOD" (denoting Biochemical Oxygen Demand) means the quantity of
oxygen utilized in the biochemical oxidation of organic matter under stan-
dard laboratory procedure in five days at 20°C, expressed in milligrams
per liter.
Section 2-13. "COD" (denoting Chemical Oxygen Demand) means a measure of the oxy-
gen equivalent of that portion of the organic matter in a water sample that
is susceptible to oxidation by a strong chemical oxidant.
Section 2-14. "Chlorine Requirement" means the amount of chlorine, in milligrams per
liter, which must be added to waste to produce a specified residual chlo-
rine content, or to meet some other standard.
Section 2-15. "pH" means the logarithm of the reciprocal of the hydrogen ion concentra-
tion in moles per liter.
Section 2-16. "Slug"shall mean any waste discharge which, in concentration of any given
constitutent or in quantity of flow, exceeds for any period of duration
longer than fifteen (15) minutes, more than five (5) times the average
twenty-four (24) hour concentration or flow during normal operation.
Section 2-17. "Suspended Solids" means solids that either float on the surface of or are
in suspension in waste and which are removable by laboratory filtration.
Section 2-18. "Agency", "local government unit", and "person" shall have the meanings
given them in Minnesota Statutes, Section 473C.02.
Section 2-19. "Shall" is mandatory; "may" is permissive.
ARTICLE III. NEW CONSTRUCTION, ALTERATION OR IMPROVEMENT
OF DISPOSAL SYSTEMS.
No person or local government unit shall construct a new disposal system or any part
thereof, or substantially alter or improve any such disposal system, until the local government
unit wherein such facilities are located has first determined such facilities to be in conformance
with its comprehensive sewer plan as approved by the Sewer Board.
•
—2—
•
ARTICLE IV. CONNECTIONS TO METROPOLITAN DISPOSAL SYSTEM.
Section 4-1. Connection: Permit
No connection to the metropolitan disposal system shall be made without
prior issuance of a permit signed by the Chief Administrator for such con-
nection and, if required, the payment of a permit fee, connection charge,
or both.
•
Section 4-2. Connection: Application
Whenever any person or local government unit desires to connect to the
metropolitan disposal system, an application for such connection shall be
submitted to the Chief Administrator for his approval. Every such applica-
tion shall be made by an appropriate representative of the local government
unit in which the connection is to be located.
Section 4-3. Connection: Application Information
Any such application shall be accompanied by plans and specifications upon
which shall be shown the location, dimensions, depths and grades of any
sewer or sewer systems to be connected. The application shall also be accom-
panied by full information as to the areas, population, and developments to
be served, zoning, and any other information requested by the Chief Admin-
istrator as to the source, quantity and characteristics of the waste to be
discharged, materials of construction, and construction period.
Section 44. Connection: Inspection Prior to Use
All connections made to the metropolitan disposal system shall be subject
to direct inspection by the Chief Administrator prior to the discharge of
any waste into the metropolitan disposal system. No inspection will be made
prior to issuance of a permit and payment of any applicable permit fee and
connection charge.
Section 4-5. Connection: Notice of Work On
Any person or local government unit which has been issued a permit for
connection to the metropolitan disposal system shall notify the Chief Ad-
ministrator at least two (2) full working days prior to the commencement
of any work authorized to be done by such permit.
Section 4-6. Connection: Requirement for Same
Any person or local government unit in the metropolitan area may be re-
quired to provide for the discharge of its waste, directly or indirectly, into
the metropolitan disposal system, or to connect any disposal system or part
thereof with the metropolitan disposal system wherever reasonable oppor-
tunity therefor is provided. Such discharges shall be measured in a manner
approved by the Sewer Board.
Section 4-7. Connections: Private Disposal Systems
Within twenty-four (24) months after a public sewer connected to the met-
ropolitan disposal system becomes available to a property served by a priv-
ate sewage disposal system or treatment works, a direct connection shall
be made to the public sewer in compliance with the terms of these rules and
regulations. The private disposal facilities shall be abandoned in a safe and
suitable manner.
—3—
Section 4-8. Connections: Prohibition
No connection shall be made to the metropolitan disposal system or any
connected disposal system if said connection pipe is carrying any contents
from septic tanks.
Section 4-9. Connections: Information and Reports
Each looal government unit shall provide to the Chief Administrator by
January 31 of each year a report showing the number of connections made
to the unit's disposal system during the preceding calendar year, the size of
each such connection, and the nature of the user and the actual or antici-
pated volume of discharge through the connection. The report shall be on
a standard form supplied by the Sewer Board.
•
—4—
ARTICLE V. PROHIBITED WASTES INTO METROPOLITAN DISPOSAL
SYSTEM —MEASURING METHODS.
Section 5-1. Waste Discharge Regulations
No person or local government unit shall discharge any waste, or cause or
allow any waste to be discharged into the metrolopitan disposal system or
any connected disposal system unless in accordance with these rules and
regulations.
Section 5-2. Treatment of Prohibited Waste
Where the Chief Administrator determines that any waste discharged or to
be discharged has certain characteristics or elements which are or may be
harmful to the structures, processes or operation of the metropolitan dis-
posal system or persons operating it, he may direct that such discharge be
discontinued or that the waste be treated prior to its discharge into the
metropolitan disposal system in a manner which will modify the waste to
such a degree as to be acceptable.
Section 5-3. Limitations on Discharges
No person or local government unit shall discharge or cause or allow to be
discharged into the metropolitan disposal system or any connected disposal
system any waste containing concentrations in excess of the following:
Concentration
Cadmium 2.0 mg/1
Chromium (Total) 25.0 mg/1
Chromium (Hexavalent) 10.0 mg/1
Copper 5.0 mg/1
Cyanide (Total) 10.0 mg/1
Cyanide (Readily released
at 150°F and pH= 5.5) 2.0 mg/1
Iron 50.0 mg/1
Lead 0.5 mg/1
Mercury None at levels acutely
toxic to humans or other
animals or plant life
Nickel 10.0 mg/1
Zinc 15.0 mg/1
Temperature (except where higher
temperatures are required by law) Not over 150°F
pH 5.5-9.5
Section 5-4. Exclusion of Waste
No person or local government unit shall discharge, or cause or allow to be
discharged into the metropolitan disposal system or any connected disposal
• system any waste which contains any of the following:
—5—
(A) More than one hundred (100) mg/1 of fats, wax, grease or oils (hex-
ane soluble), whether emulsified or not, or containing substances
which may solidify or become viscous at temperatures between 32°
and 150°F (0° and 65°C) at the point of discharge into the sewer
system.
(B) Liquids, solids, or gases which by reason of their nature or quantity
are or may be sufficient to cause fire or explosion or be injurious in
arty other way to the metropolitan disposal system or to the opera-
tfon of the system. At no time shall two (2) successive readings on an
explosimeter,at the point of discharge into the sewer system, be more
than five percent (5%) nor any single reading over ten percent
(10%) of the Lower Explosive Limit (L.E.L.).
(C) Any noxious or maladorous solids, liquids or gases, which either
singly or by interaction with other wastes, are capable of creating a
public nuisance or hazard to life, or are or may be sufficient to pre-
vent entry into a sewer for its maintenance and repair.
(D) Garbage that has not been ground or comminuted to such a degree
that all particles will be carried freely in suspension under flow con-
ditions normally prevailing in public sewers, with no particle greater
than one-half inch (1/2") in any dimension.
(E) Radioactive wastes or isotopes of such half-life or concentration that
they are in noncompliance with regulations issued by the appropriate
authority having control over their use and which will or may cause
damage or hazards to the metropolitan disposal system or personnel
operating it.
(F) Solid or viscous wastes which will or may cause obstruction to the
flow in a sewer, or other interference with the proper operation of
any disposal system, such as grease, uncomminuted garbage, animal
guts or tissues, paunch manure, bones, hair, hides or fleshings, en-
trails, whole blood, feathers, ashes, cinders, sand, spent lime, stone
or marble dust, metal, glass, straw, shavings, grass clippings, rags,
spent grains, spent hops, waste paper, wood, plastic, gas tar, asphalt
residues, residues from refining or processing of fuel or lubricating
oil, gasoline, naphtha, and similar substances.
(G) Any waste from septic tanks or similar facilities unless in accordance
with provisions of Article VI of these rules and regulations.
(H) Materials which exert or cause:
1) Unusually high concentrations of inert suspended solids (such
as, but not limited to, lime slurries and lime residues) or of dis-
solved solids (such as, but not limited to, sodium chloride).
2) Excessive discoloration (such as, but not limited to, dye wastes
and vegetable tanning solutions).
3) Unusually high volume of flow or concentration of waste con-
stituting slugs.
(I) Unusually high concentrations of suspended solids, BOD, COD, or
chlorine requirements, in such quantities as to constitute a significant
load on the treatment works.
(J) Any toxic substances, chemical elements or compounds, phenols or
other taste- or odor-producing substances, or any other substances
which may interfere with the biological processes or efficiency of
•
treatment works, or that will pass through a treatment works and
—6—
cause the effluent therefrom or the water into which it is discharged,
to fail to meet applicable state or federal standards.
Section 5-5. Regulatory Actions
If any substance described in Section 5-4 of this Article is discharged or pro-
posed to be discharged into the metropolitan disposal system, or any con-
nected disposal system, the Chief Administrator may, after Sewer Board
approval, take all actions necessary to:
(A) Reject the discharges; and/or
(B) Require a discharger to demonstrate that in-plant improvements will
modify the discharge to such a degree as to be acceptable; and/or
(C) Require pretreatment, handling facilities, or flow equalization neces-
sary to reduce or eliminate the objectionable characteristics or sub-
stances so that the discharge will not violate these rules and regula-
tions; and/or
(D) Require the person or local government unit making, causing or
allowing the discharge to pay the added cost of handling and treating
excess loads imposed on the metropolitan disposal system by such dis-
charge, to the extent such costs are not covered by existing Sewer
Board charges under the provisions of Sections 5-13 and 5-14 of this
Article or Minnesota Statutes, Section 473C.08.
If the Chief Administrator requires pretreatment or equalization of waste
flows prior to discharge into any part of the metropolitan disposal system,
the plans, specifications and other pertinent data or information relating to
such pretreatment or flow-control facilities shall be submitted to him for
review and approval.Approval shall in no way exempt the discharge or such
facilities from compliance with any applicable code, ordinance, rule or regu-
lation of any local government unit or the agency. Any subsequent altera-
tions or additions to such pretreatment or flow-control facilities shall not be
made without due notice to and approval of the Chief Administrator.
Section 5-6. Pretreatment Facilities Operations
If preliminary treatment or control of waste flows is required, such facili-
ties shall be effectively operated and maintained by the owner at his expense
subject to the requirements of these rules and regulations and all other appli-
cable codes,ordinances,and laws.
Section 5-7. Admission to Property
Whenever it shall be necessary for the purposes of these rules and regula-
tions,the Chief Administrator may enter upon any property for the purpose
of obtaining information or conducting surveys or investigations. Entry
shall be made during daylight or operating hours unless abnormal or emer-
gency circumstances require otherwise.
Section 5-8. Trap Instllations
Grease, oil and sand traps shall be provided when the Chief Administrator
determines they are necessary for the proper discharge of waste containing
excessive amounts of grease, oil, or sand except that such traps shall not be
required for private homes or dwelling units. All installations required un-
der this Section shall be of a type and capacity approved by the Chief Ad-
ministrator and shall be regularly cleaned and maintained for adequate
• performance.
—7—
Section 5-9. Industrial Waste Measurement and Sampling
Any person discharging industrial waste into the metropolitan disposal sys-
tem, or any connected disposal system, shall provide and maintain a suit-
able point or points of access together with such necessary meters and
other appurtenances at an appropriate location prior to discharge of the
waste into the disposal system to permit observation,measurement, and sam-
pling of such waste by the Chief Administrator. Plans for such sampling
points.and measuring equipment shall be submitted to and approved by
the Chief Administrator prior to construction and installation of same. Sam-
pling and measuring facilities shall be such as to provide safe access for
making inspection and verification of their proper operating condition. The
metered water supply to a source of industrial waste may be used in lieu of
a metered industrial waste volume where it can be established that the me-
tered water supply and waste quantities are approximately the same, or
where a measurable adjustment to the metered supply can be made to deter-
mine the waste volume.
Section 5-10. Industrial Waste Analyses
Determination of the character and concentration of an industrial waste
discharged into the metropolitan disposal system shall be made by the per-
son discharging it, or his designated agent. Reports showing quantities and
pertinent analytical data of such industrial waste discharges shall be filed
with the Sewer Board as required by the Chief Administrator.
Section 5-11. Measurement and Test Procedures
All measurements, tests, and analyses of the characteristics of waste to
which reference is made in these rules and regulations shall be determined
in accordance with the latest edition of "Standard Methods for the Exam-
ination of Water and Wastewater," published jointly by the American Pub-
lic Health Association, The American Water Works Association and The
Water Pollution Control Federation. Sampling shall be carried out by
methods acceptable to and approved by the Chief Administrator. Alternate
methods for certain analyses may be used subject to prior written approval
by the Chief Administrator.
Section 5-12. Confidentiality of Critical Information
Any records or other information obtained by the Chief Administrator or
furnished him by an industrial waste discharger which are certified by said
discharger to relate to (a) production or sales figures, (b) processes or pro-
duction unique to the discharger, or (c) information which would tend to
affect adversely the competitive position of said discharger, shall be only
for the confidential use of the Sewer Board in discharging its statutory
obligations unless otherwise authorized by said discharger. However, all
such information may be used by the Chief Administrator in compiling or
publishing analyses or summaries relating to the general condition of the
public waters so long as such analyses or summaries do not identify any
discharger who has so certified.
Section 5-13. Special Agreements
No statement contained in this Article shall be construed as preventing any
special agreement or arrangement between the Sewer Board and any dis-
charger whereby a waste of unusual strength or character may be accepted
into the metropolitain disposal system for treatment, subject to payment
• therefor, by the discharger.
—8—
Section 5-14. Industrial Waste Surcharge
Where an industrial waste discharged into the metropolitan disposal sys-
tem has an unusually high concentration of suspended solids or chemical
oxygen demand, or both, the normal waste charges may be increased ac-
cording to the following formula:
F = 1 + 0.52 0.20 (SS-305) + 0.17 (COD-575) 1
305 575
Where:
F= Factor to be applied to base charge
0.52= Ratio of quality cost to total annual cost.
0.20 and 0.17= Ratio of additional treatment requirements to meet
state standards.
SS = Suspended solids of the industrial waste in milligrams per liter
(mg/1) (SS ?305)
COD= Chemical oxygen demand of the industrial waste in milligrams per
liter (mg/1) (COD > 575)
Whenever a surcharge factor is determined to be applicable to an unusually
high strength waste, the analysis of which indicates suspended solids and/or
chemical oxygen demand concentrations greater than the base values of 305
and 575 mg/1, respectively, then the local government unit shall apply the
surcharge factor to the normal waste charges of the person discharging
such waste or causing it to be discharged into its disposal system. Sur-
charges attributable to this Section and collected by the local government
unit shall be for the account of and payable to the Sewer Board as compen-
sation for the additional costs resulting from the discharge of such high
strength waste.
Section 5-15. Accidental Discharges
Accidental discharges of prohibited waste into the metropolitan disposal
system, directly or through another disposal system, or to any place from
which such waste may enter the metropolitan disposal system, shall be re-
ported to the Chief Administrator by the person responsible for the dis-
charge, or by the owner or occupant of the premises where the discharge
occurs, promptly upon obtaining knowledge of the fact of such discharge.
—9—
ARTICLE VI. DISPOSAL OF SEPTIC TANK SLUDGE.
Section 6-1. Permits
No person collecting and disposing of waste from septic tanks or other sim-
ilar facilities shall discharge such material into a local disposal system with-
out prior issuance of an annual permit from the local government unit for
such discharge and vehicle making the discharge. Copies of permits issued,
together with the terms and conditions imposed on the user, shall be filed
with the Sewer Board.
The Sewer Board shall require an annual permit for disposal of such wastes
at designated sites in the metropolitan disposal system (including treatment
works).
Section 6-2. Approved Sites
No discharge of waste from septic tanks or other similiar facilities, whether
by a person or a local government unit, shall be made to the metropolitan
disposal system, or any connected disposal system, unless such discharge is
made at a site previously approved by the Chief Administrator.
Section 6-3. Metropolitan Area
No waste from septic tanks or other similar facilities emanating from loca-
tions outside the metropolitan area may be discharged into the metropolitan
disposal system or any connected disposal system.
—10—
ARTICLE VII. PENALTIES, AND COST RECOVERY.
Section 7-1. Violations
Any person or local government unit found to be violating any provision of
these rules and regulations may be served by the Chief Administrator with
written notice of the violation. The notice may require immediate termina-
tion of the violation or may specify a future date for termination of it. The
violator shall, within the period of time stated in such notice, permanently
,cease the violation.
Section 7-2. Penalties
Any person who intentionally conceals a violation of these rules and regu-
lations, and any person or local government unit who shall continue any
violation beyond the time limit provided for in the Chief Administrator's
written notice of violation shall be guilty of a misdemeanor, and on convic-
tion thereof,shall be fined in an amount not exceeding One Hundred Dollars
($100.00) for each violation, recoverable with costs occasioned the Sewer
Board by reason of such violation. Each day in which any such violation
shall continue shall be deemed a separate offense. In the case of partner-
ships and associations, the penalty may be imposed upon the partners or
members thereof, and in the case of corporations and local government
units, upon the person authorizing the violation or officers thereof.
Section 7-3. Cost Recovery
The Chief Administrator shall take all actions necessary to recover all costs
incurred as a result of the violation of any of these rules and regulations.
•
—11—
ARTICLE VIII. ADMINISTRATION.
Section 8-1. Enforcement
The Chief Administrator shall administer and enforce these rules and regu-
lations, except that no proceeding for the imposition of a penalty and cost
recovery due to violations shall be instituted without prior approval by the
Sewer Board.
Section 8-2. Information
The Chief Administrator shall prescribe the form and detail of all applica-
tions, permits and reports required by these rules and regulations; may
determine the frequency of such items excpt where a frequency is specified;
and may provide interpretations or determine the application of these rules
and regulations where their meaning or application is questioned.
Section 8-3. Responsibility
The Chief Administrator may delegate to local government units the re-
sponsibility for administering under his supervision, any part of these rules
and regulations, where such delegation is deemed to be in the best interests
of the Sewer Board and the units.
—12—
ARTICLE IX. EFFECTIVE DATE AND SEVERABILITY.
Section 9-1. Effective Date
These rules and regulations shall become effective thirty (30) days after
approval by the Sewer Board and publication as required by law.
Section 9-2. Severability
If,the provisions of any Article, Section, paragraph, or sentence of these
rules and regulations shall for any reason be held to be unconstitutional or
invalid by any Court of competent jurisdiction, the provisions of the remain-
ing Articles, Sections, paragraphs and sentences shall nevertheless continue
in full force and effect.
Section 9-3. Date of Adoption
Approved and adopted by the Metropolitan Sewer Board on the first day of
December, 1971.
—13—
TO: Mayor, City Council Members
FROM: Tom Brownell
SUBJECT: Snowmobile Violations
DATE: December 30 , 1981
BACKGROUND
The department has received thirteen complaints between
November 25 , 1981, and December 28 , 1981, regarding snowmobiles
operating on private/public property where prohibited, the
primary viotators are juveniles.
RECOMMENDATION
The City Code should be reviewed and clarified so that it may
be easily understood by users and enforcement Officers without
numberous exceptions.
ALTERNATIVE
Prohibit the use of snowmobiles within the City of Shakopee.
ACTION REQUESTED
Direct staff to review City Code regulating the use of snowmobiles,
all terrain vehicles and recommend appropriate revision in
cooperation with local snowmobile club.
SNOWMOBILING IS NOT ALLOWED IN THE
FOLLOWING ROADS & AREAS IN SHAKOPEE
1 . Tenth Avenue 13 . Market St (First to Shakopee Ave)
2. Holmes Street 14. 13th Ave (from #$9 east )
3. Apgar Street (from 1st to 4th) 15. VikingSteel Rd
40 Cty Rd #16 (east from Cty Rd #17 ) 16. Hwys 101 and #169
5o Cty Rd #17 & Cty Rd #89 17. Cty Rd # $3
6. Adams Street 1£ o Cty Rd # 21
7. Sixth Avenue (west of Fuller) 19. Cty Rd #42
8. Third Avenue (west of Apgar) 20. Cty Rd # 14
9. Fourth Avenue (east of Fuller ) 21 . School Property
10. Fuller Street (Fourth to Sixth ) 22. Park Property
11 . Spencer Street (Shakopee Ave south ) 23. Private property without
12. Spencer Street (First to Fourth ) permission
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PROHIBITED SNOWMOBILING
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SEC . 8.30. SNOWMOBILE AND ALL-TERRAIN VEHICLE TRAFFIC CON-
TROL AND REGULATIONS .
Subd. 1. Definitions . The following terms , as used in
this Section, shall have the meanings stated:
A, The term "snowmobile" means a self-propelled
vehicle designed for travel on snow or ice steered by skis or
runners .
B. The terms "all-terrain vehicle" or "ATV" re-
fers to trail bikes , mini bikes , mopeds , amphibious vehicles and
similar devices other than snowmobiles used at least partially
for travel on natural terrain but not "special mobile equipment"
defined in M.S . 168.011 , Subdivision 22 , which is hereby incor-
porated herein by reference .
C. The term "owner" means a person, other than a
lien holder having the property in or title to snowmobile 'or ATV
entitled to the use or possession thereof.
D. The term "operate" means to ride in or on and
control the operation of a snowmobile or ATV.
E. The term "operator" means every person who op-
erates or is in actual physical control of a snowmobile or ATV.
F. The term "deadman throttle" or "safety
throttle" means a device which when pressure is removed from the
engine accelerator or throttle , causes the motor to be disengaged
from the driving mechanism.
G. The term "natural terrain" means areas other
than roadways or driveways (private or public) , parking lots and
other areas the surface of which has been intentionally modified
for motor vehicle operation thereon .
Subd. 2. Scope of Application. Notwithstanding provi-
sions of this Chapter to the contrary, this Section shall apply
to control of traffic and regulation of that certain class of ve-
hicles falling within the definitions of snowmobiles or ATV as to
matters set forth herein. All provisions of this Chapter, not
relating to matters herein stated, apply as equally to snowmo-
biles or ATV as other vehicles .
Subd. 3. Operation. Except as otherwise herein per-
mitted, it is unlawful for any person to operate a snowmobile or
ATV not licensed as a motor vehicle as follows :
A. On the portion of any right-of-way of any pub-
lic highway, street, road, trail or alley used for motor vehicle
travel, except that a snowmobile or ATV may operate upon the most
right hand lane of a municipal street or alley and may in passing
or making a left hand turn, operate on other lanes which are used
for vehicle traffic in the same direction. Snowmobiles may also
be operated upon the ditch bottom or the outside bank of trunk,
County state-aid and County highways where such highways are so
configured within the corporate limits .
B. On a public sidewalk or bicycle trail provided
for pedestrian or bicycle travel.
C. On boulevards within any public right-of-way.
4-1-78
-195-
D. On private property of another without specif-
ic permission of the owner or person in control of said property.
E. At a rate of speed greater than reasonable or
proper under all surrounding circumstances .
F. At any place in a careless , reckless or negli-
gent manner or heedlessly in disregard of the rights or safety of
others , or in a manner so as to endanger or be likely to endanger
or cause injury or damage to any person or property.
G. During the hours from 11:00 o'clock P.M. to
7:00 o'clock A.M. of any day closer than 100 feet to any dwelling
which is usually occupied by one or more persons ; provided, how-
ever, that snowmobile or AT\ operation shall be permitted during
such hours when traveling directly to or from the residence of
the operator and the nearest City limits at a rate of speed not
in excess of fifteen (15) miles per hour.
H. So as to tow any person or thing except
through use of a rigid towbar attached to the rear of the snowmo-
bile or ATV.
I . At any place while under the influence of al-
cohol or drugs as defined in M.S .A. 169.121 , which is hereby in-
corporated herein by reference .
J. Within 100 feet of any pedestrian, fisherman,
skating rink or sliding area where the operation would conflict
with the use or endanger other persons or property.
Subd. 4. Special Orders . In addition to the regula-
tions provided in Subdivision 3, it is unlawful to operate a
snowmobile or ATV on any public place where prohibited by order
of the City. The City shall have the power, by written order, to
prohibit such operation whenever in its discretion the same would
be likely to produce damage to property or endanger the safety or
repose of other persons . Such areas shall be appropriately sign-
posted before such order shall become effective .
Subd. 5. Direct Crossings . A snowmobile or ATV may
make a direct crossing of a street or highway, except at inter-
state highway or freeway, provided:
A. The crossing is made at an angle of approxi-
mately 90 degrees to the direction of the street or highway and
at a place where no obstruction prevents a quick and safe cross-
ing.
B. The snowmobile or ATV is brought to a complete
stop before crossing the shoulder or main traveled way.
C. The driver yields the right-of-way to all on-
coming traffic which constitutes an immediate hazard.
D. In crossing a divided street or highway, the
crossing is made only at an intersection of such street or high-
way with another public street or highway.
E. If the crossing is made between the hours of
one-half hour after sunset to one-half hour before sunrise or in
conditions of reduced visibility, only if both front and rear
lights are on. ATV not licensed as a motor Vehicle are forbidden
to cross highways or streets except when they are pushed across
4-1-78
-196-
by human power. ATV when pushed across highways or streets shall
be subject to all the regulations of this Section.
Subd. 6 . Yielding the Right-of-Way. It is unlawful
for any person operating a snowmobile or ATV to enter any inter-
section without yielding the right-of-way to any vehicles or pe-
destrians at the intersection, or so close to the intersection as
to constitute .an immediate hazard.
Subd. 7 . Persons Under Eighteen.
A. It is unlawful for any person under the age of
fourteen (14) years to operate a snowmobile or ATV on streets , in
City parks or other public land, or the roadway surface of high-
ways , or make a direct crossing of a trunk, County state-aid, or
County highway as the operator of a snowmobile or ATV. A person
fourteen (14) years of age or older, but less than eighteen (18)
years of age , may operate a snowmobile or ATV as permitted under
this Section, only if he has in his possession, a safety certifi-
cate issued by the Commissioner of Natural Resources as provided
by M.S .A. 84.872 .
B. It is unlawful for the owner of a snowmobile
or ATV to permit the snowmobile or ATV to be operated contrary to
the provisions of this Section.
Subd. 8. Equipment. It is unlawful for any person to
operate a snowmobile or ATV any place within the City unless it
is equipped with the following:
A. Standard mufflers which are properly attached
and which reduce the noise of operation of the motor to the mini-
mum necessary for operation. No person shall use a muffler cut-
out, by-pass , straight pipe or similar device on a snowmobile or
ATV motor.
B. Brakes adequate to control the movement of and
to stop and hold the snowmobile or ATV under any condition of op-
eration.
C. A safety or so-called "de adman" throttle in
operating condition.
D. When operated between the hours of one-half
hour after sunset to one-half hour before sunrise or at a time of
reduced visibility, at least one clear lamp attached to the front,
with sufficient intensity to reveal persons and vehicles at a
distance of at least 100 feet ahead during the hours of darkness
and under normal atmospheric conditions . Such head lamp shall be
so aimed that glaring rays are not projected into the eyes of an
oncoming snowmobile or ATV operator. It shall also be equipped
with at least one red tail lamp having a minimum candlepower of
sufficient intensity to exhibit a red light plainly visible from
a distance of 500 feet to the rear during the hours of darkness
under normal atmospheric conditions .
E . Reflective material at least 16 square inches
on each side , forward of the handlebars , or steering device of a
snowmobile .or ATV and at the highest practical point on any towed
object, as to reflect light at a 90 degree angle .
4-1-78
-197-
Subd. 9. Locking Vehicles . It is unlawful for any
person to leave a snowmobile or ATV on a public place unless he
shall lock the ignition, remove the key and take the same with
him.
Subd. 10. Emergencies . Notwithstanding the prohibi-
tion of operating a snowmobile or ATV upon a roadway to the con-
trary, a snowmobile or ATV may be operated on a public thorough-
fare in an emergency during the period of time when, at locations
where , snow upon the roadway renders travel by automobile imprac-
tical.
Subd. 11 . Animals . It is unlawful to intentionally
drive , chase , run over or kill any animal with a snowmobile or
ATV.
Subd. 12 . Signal From Officer to Stop. It is unlawful
for a snowmobile or ATV operator, after having received a visual
or audible signal from any law enforcement officer to come to a
stop, to (a) operate a snowmobile or ATV in willful or wanton
disregard of such signal, or (b) interfere with or endanger the
law enforcement officer or any other person or vehicle , or (c)
increase his speed or attempt to flee or elude the officer.
Source : City Code
Effective Date : 4-1-78
(Sections 8.31 through 8.98, inclusive , reserved for future
expansion. )
4-1-78
-198-
SEC . 8.99. VIOLATION A MISDEMEANOR OR PETTY MISDEMEANOR .
Every person violates a section, subdivision, paragraph or provi-
sion of this Chapter when he performs an act thereby prohibited
or declared unlawful, or fails to act when such failure is there-
by prohibited or declared unlawful, and upon conviction thereof ,
shall be punished as follows :
Subd. '1 . Where the specific section, subdivision,
paragraph or provision specifically makes violation a misdemea-
nor , he shall be punished as for a misdemeanor; where a violation
is committed in a manner or under circumstances so as to endanger
or be likely to endanger any person or property, he shall be pun-
ished as for a misdemeanor; where he stands convicted of viola-
tion of any provision of this Chapter, exclusive of violations
relating to the standing or parking of an unattended vehicle ,
within the immediate preceding 12-month period for the third or
subsequent time , he shall be punished as for a misdemeanor.
Subd. 2 . As to any violations not constituting a mis-
demeanor under the provisions of Subdivision 1 hereof, he shall
be punished as for a petty misdemeanor.
Subd. 3. As to any violation of a provision adopted by
reference , he shall be punished as specified in such provision,
so adopted.
Source : City Code
Effective Date : 4-1-78
4-1-78
-199-
/0.
MEMO TO: John K. Anderson, City Administrator
FROM: Judith S . Cox, City Clerk
RE: Bingo and Gambling Applications from American Legion
DATE: December 1 , 1981
Introduction
On December 22 , 1981 Council tabled action on the applications from
the American Legion for a bingo license and a gambling license .
Background
Applications were tabled because the American Legion did not have
the required bond and asked that the bond requirements be waived.
In order to waive the required bond , Council must unanimously
approve the waiving and since Mr. Hullander was not present a
unanimous waiving of the Council was not possible .
I have spoken with Wally Petricka who asked that the applications
be considered by the Council on January 5th and he is obtaining
the appropriate bond and will provide me with a copy prior to the
meeting on January 5th.
Action Requested
Approve the applications and grant a gambling and a bingo license
for 1982 to the American Legion, 1266 East First Avenue .
JSC/jms
D
RESOLUTION #1957
A RESOLUTION OF APPRECIATION TO WALTER C. HARBECK
Although elected to office at the regular City Election of 1975, Walter
C. Harbeck did not take office until May 25, 1976 because of a pending election
contest which was resolved in his favor and from the time that he did assume the
duties of Mayor he very competently directed the various phases of city government.
During his term of office a comprehensive plan for the orderly development
of the City was adopted, the ordinances of the City for the first time in history
were codified, several issues of industrial revenue bonds were negotiated and completed,
the extensive Holmes Street Development and Improvement Project was initiated and
completed, the Industrial Commercial Development Commission was organized and placed
in operation as was the Ad Hoc Downtown Committee.
During his term of office two tax increment projects and numerous government
grants were piloted under his direction to successful conclusions.
Shakopee was involved in three major suits during Mayor Harbeck's administration.
One involved the sludge farm, the second, fiscal disparities,and the third one was
against Standard Oil Company as a result of contamination of Wells along West First
Avenue which ultimately resulted in the Oil Company paying much of the damage caused
by polluting the area.
During all of his administration Mayor Harbeck displayed a rare mixture of strong
leadership and ex:ellent diplomacy. He never lost sight of the main aims of the City
and at the same time never lost sight of the rights and interests of the common man.
After completing his present term of office on December 31, 1981 Mayor Harbeck is
stepping down as Shakopee's.Chief Executive.
BE IT THEREFORE RESOLVED BY THE SHAKOPEE CITY COUNCIL in adjourned regular session
that the Council hereby extendsthis token of appreciation in behalf of the entire
City of Shakopee and each of its residents.
BE IT FURTHER RESOLVED that in behalf of the City officials and employees we
extend a warm personal note of appreciation and a sincere thank you Walt for your
hours of understanding, dedication and patience.
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BE IT FURTHER RESOLVED that the good wishes of the City accompany you on all
your future endeavors and follow you all the days of your life and this expression
of gratitude also includes your devoted wife Dora Harbeck who shared you with all
of usthrough these many years.
Passed in adjourned regular session by the City Council of the City of Shakopee,
Minnesota, this day of 1981.
Mayor Elect
ATTEST:
City Clerk
Prepared and approved as to form this
21st day of December, 1981.
City Attorney
I r
10 ,0
RESOLUTION #1958
RESOLUTION OF APPRECIATION TO RICHARD HULLANDER
Richard Hullander assumed the office as Connell member on the 13th day of
January, 1976 and has continuously served as a member of the Shakopee City Council
until his voluntary retirement and resignation effective December 31, 1981, and
during the time of Councilmember Hullander's service in office he was a participant
in many of the forward looking undertakings of the City of Shakopee and an advocate
and a protector of rights of the individual citizens of Shakopee.
Councilmember Hullander's stands were from time to time at variance withtthe
majority of his associates but this did not in any way interfere with his advancing
what he thought was the best for the City and during his entire membership on the
Council he was pleasant, courteous,. efficient and understanding.
THEREFORE, BE IT RESOLVED BY THE SHAKOPEE CITY COUNCIL in adjourned regular session
that the Council hereby extends the City's gratitude and appreciation for the years of
understanding and dedicated service and devotion in behalf of the City of Shakopee.
Passed in adjourned regular session by the City Council of the City of Shakopee,
Minnesota, this day of , 1981.
Mayor
ATTEST:
City Clerk
Prepared and approved as to form this
21st may of De ember, 1981.19
City Attorney ...w..� `
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Joy
MEMO TO: John K. Anderson, City Administrator
FROM: Gregg Voxland, Finance Director
RE: Resolution No.
DATE: December 22, 1981
Council needs to adopt Resolution No. In 'j to designate
depositories for 1982. It is a routine "housekeeping" resolution.
By Statute, if Council fails to designate depositories the City
Treasurer is to do so.
GV/ljw
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RESOLUTION NO.
. A RESOLUTION DESIGNATING
OFFICIAL DEPOSITORIES OF CITY FUNDS
WHEREAS, M.S. 427.02 provides that the City Council designate depositories;
and
WHEREAS, the State of Minnesota Statutes 118.005 and 475.66 provide that
cities may invest in time deposits.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE,
MINNESOTA, that the following institutions are designated as depositories with
the respective dollar amounts as limits and as secured by insurance and/or
collateral.
First National Bank of Shakopee $ 500,000.00
Citizens State Bank of Shakopee 500,000.00
First National Bank of St. Paul 1,500,000.00
First National Bank of Minneapolis 1,000,000.00
Northwestern National Bank 1,000,000.00
Peoples Savings and Loan Association 100,000.00
Minnesota Federal Savings and Loan 100,000.00
Midwest Federal Savings and Loan 1,000,000.00
Marquette National Bank 1,000,000.00
Adopted in session of the City Council of the City of
Shakopee, Minnesota, held this day of
1982.
Mayor of the City of Shakopee
ATTEST:
City Clerk
Approved as to form this
day of , 1982.
City Attorney
/Oc/
MEMO TO: Mayor and City Council
City of Shakopee
129 East .First Avenue
Shakopee , MN 55379
FROM: Bryce D. Huemoeller, Attorney
Prior Lake-Spring Lake
Watershed District
16670 Franklin Trail Southeast
Prior Lake , MN 55372
RE : Prior. Lake-Spring Lake Watershed District
Lake Outlet Project Number WD 76-4 - Condemnation
Proceedings
DATE : December 30, 1981
INTRODUCTION
The Prior Lake-Spring Lake Watershed District has been engaged
in negotiations with various land owners within the City of Shakopee
to acquire the easements required for implementation of its Lake
Outlet Project . Although several of the affected property owners
appear to be willing to voluntarily grant the required easements
to the District , negotiations with others have entirely stagnated
and the District now desires to commence condemnation proceedings
against all properties in Shakopee which have not as yet executed
Utility and Drainage Easement Agreements .
BACKGROUND
The Prior Lake-Spring Lake Watershed District is presently
engaged in a project , known as its Lake Outlet Project , Number
WD 76-4, to construct an artificial outlet for Prior Lake for
the purpose of draining excess water from the lake and transporting
)6
such water to the Minnesota River. In connection with this project
it is necessary for, the District to acquire certain drainage
easements through the City of Shakopee. Because the jurisdictional
boundaries of the District stop at approximately the southerly
boundary line for the City of Shakopee, the District requested
and after negotiation received from Shakopee authorization to
negotiate for and acquire the necessary easements within the
Shakopee city limits . The authorization given the District was
subject to several conditions which were set forth in a Joint
Powers Agreement, dated June 2 , 1981 , executed by the City of
Prior Lake, the City of Shakopee and the Prior Lake-Spring Lake
Watershed District .
In general , the Joint Powers Agreement provides in Article
II that the District is authorized to negotiate for and acquire
suitable easements within the municipal boundaries of Shakopee
for the construction of the Lake Outlet. However, the District
is required in conducting the negotiations and/or condemnations
proceedings to comply with Shakopee Resolution Number 1643 entitled
"A Resolution Adopting a Policy for the City of Shakopee Concerning
the Condemnation of Easements and Land Needed for the Installation
of Public Improvements" . Additionally , the Joint Powers Agreement
provides that when the District determines condemnation proceedings
to be necessary, Shakopee will cooperate with and assist the
District in pursuing condemnation. In such event, all legal
proceedings are to be brought in the joint name of the District
-2-
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and Shakopee by the Shakopee City Attorney in accordance with
Shakopee Resolution Number 1643 . All costs or expense necessary
and incidental to the acquisition of the easements is the respon-
sibility of the District . The easement acquisition costs are
to be paid by the District on or before thirty days after receipt
of the proceeds from the sale of the municipal bonds used to
finance the lake outlet .
Prior to commencing negotiations with the affected property
owners and pursuant to the Minnesota Watershed Act , the District
retained three appraisers, Carl E. Erickson, Malcolm B. Allen
and Edmund C . Bowler, to prepare appraisals of the affected proper-
ties for determining a fair and equitable value to be paid for
the necessary easements . Copies of the professional qualifications
of Carl E. Erickson, Malcolm B. Allen and Edmund C . Bowler are
attached to this memorandum for your review. There is also attached
to this memorandum for your review a copy of the "Certificate
of Appraisal for Temporary and Permanent Easements for Outlet
Project" prepared by the appraisers for the general use and reference
of the District during the negotiations and subsequently during
any required condemnation proceedings . The Certificate contains
a summary broken down by parcel and by interest required ( that
is , whether a temporary or permanent easement , or both) and gives
the aggregate value to be offered each affected property owner
for the required easement over his property.
In conducting the negotiations with the affected property
-3-
owners, the District has judiciously offered to each affected
property owner the aggregate appraised value of the interest
required as set' forth on the Certificate of Appraisal which is
attached to this memorandum. The property owners who have executed
Utility and Drainage Easement Agreements to date are being paid
at least the amount set forth on the attached Certificate of
Appraisal .
With reference to the Certificate of Appraisal , the following
is a list of the parcels for which easements are still required :
Easement Aggregate Value
Number Property Owner of Easement
25 Frances Ann Thomas
Leonard J. Melby
James C. Melby
William E . Melby $ 944. 00
26 , 27 Steven D. Muhlenhardt
Kathleen V. Muhlenhardt 652 . 00
28 Roy S . Reed 352 .00
29 David W. Lucast
Lynda L. Lucast 50. 00
30 Roy S . Reed
Terrance W. Hanson 5, 828 .00
31 George J . Shutrop
Idella J. Shutrop 1 ,410. 00
32 Valley Industrial Park, Ltd. 5 , 692 . 50
33 Kawasaki Motors Corporation,
U. S .A. , Inc . 500 . 00
34 J. L. Shiely Co . 850.00
35 Darwin Hentz
Shakopee Sports Center 300. 00
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/
36 Darwin Hentz
St . Peter Mobile Homes, Inc . 55 .00
37 Wilfred J. Kopp
Margaret S . Kopp 950. 00
38 Wilfred J. Kopp
Margaret S . Kopp
First Central Service Corp . 400. 00
The District is at this time and pursuant to Article II
of the Joint Powers Agreement requesting the assistance of Shakopee
to pursue condemnation proceedings against the foregoing property
owners within the municipal limits of Shakopee who have not yet
agreed to grant the District the required easements . Attached
to this memorandum is a certified copy of Prior Lake-Spring Lake
Watershed District Resolution Number 81-55 , which formally authorizes
the District to request the assistance of Shakopee pursuant to
the Joint Powers Agreement .
SUMMARY AND RECOMMENDATION
The Prior Lake-Spring Lake Watershed District has obtained
as many voluntary settlements as possible for the easements required
in connection with its Lake Outlet Project . The appraisals prepared
by the project appraisers have for all practical purposes enabled
the District to pay a fair and reasonable price for the easements
that have been obtained voluntarily through negotiations through
the date of this memorandum. The appraisals have also enabled
the District to determine a fair and reasonable value for the
easements to be acquired for purposes of the condemnation proceedings .
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The District has further adopted a resolution formally requesting
the assistance of Shakopee to commence condemnation proceedings .
Attached to this memorandum is a proposed resolution, drafted
in the name of Shakopee and entitled "A Resolution Authorizing
Condemnation Proceedings in Connection with the Prior Lake-Spring
Lake Watershed District Lake Outlet Project No . 76-4" , which
is the formal authorization required for Shakopee to institute
condemnation proceedings jointly with the Watershed District .
ACTION REQUESTED
The District hereby requests that the Shakopee City Council
consider and approve the proposed resolution entitled "A Resolution
Authorizing Condemnation Proceedings in Connection with the Prior
Lake-Spring Lake Watershed District Lake Outlet Project No . 76-4" ,
which is attached to this memorandum, and authorize its staff
to begin work on the condemnation proceedings at the earliest
date.
Respectfully submitted,
Bryce D. Huemoeller
cc : Donald 0. Benson
District Staff Coordinator
RESOLUTION NO.
A RESOLUTION AUTHORIZING CONDEMNATION
PROCEEDINGS IN CONNECTION WITH THE
PRIOR LAKE-SPRING LAKE WATERSHED DISTRICT
LAKE OUTLET PROJECT NO. 76-4
WHEREAS , the Prior Lake-Spring Lake Watershed District is
presently engaged in the implementation of a project , identified
as the "Lake Outlet Project , No . WD 76-4" , to construct an artificial
outlet for Prior Lake for the purpose of draining water from
Prior Lake and transporting such water to the Minnesota River;
and
WHEREAS , in connection with the implementation of said project ,
the Prior Lake-Spring Lake Watershed District and the City of
Shakopee have entered into a Joint Powers Agreement , dated June
2 , 1981 , wherein Section 2 . 03 provides as follows :
In the event that it becomes necessary in the opinion of
the Watershed District to acquire the required easements
by means of condemnation proceedings , Shakopee shall cooperate
with and assist the Watershed District in pursuing condemnation.
In that event , all legal proceedings shall be brought in
the joint name of the Watershed District and Shakopee by
the Shakopee City Attorney in accordance with Shakopee Reso-
lution No . 1643";
and
WHEREAS , the plans and specifications for the Lake Outlet
Project require the improvement of certain natural drainage courses
and the construction of certain drainage courses within the City
of Shakopee and for which is necessary to obtain temporary and
permanent easements as specified in said plans and specifications ;
and
WHEREAS , both the Board of Mangers of the Prior Lake-Spring
Lake Watershed District and the Shakopee City Council have determined
that it is in the best interest of the general public to construct
the artificial outlet and pertinent improvements to the natural
drainage courses and drainage channels along the outlet route
and to acquire the necessary temporary and permanent easements
therefore and for public utility purposes ; and
WHEREAS , the Prior Lake-Spring Lake Watershed District has
been unable to acquire the necessary temporary and permanent
easements for the construction of the Lake Outlet Project improve-
ments through private negotiations with the affected property
owners; and
WHEREAS , the Prior Lake-Spring Lake Watershed District has
requested the assistance of the City of Shakopee in pursuing
condemnation proceedings by its Resolution No. 81-55 entitled
"A Resolution Requesting the Assistance of the City of Shakopee
for Condemnation Proceedings in Connection with the Lake Outlet
Project No . 76-4" .
THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF SHAKOPEE, MINNESOTA:
1 . That obtaining the temporary and permanent easements
necessary for the construction of the Lake Outlet Project improve-
ments and for public utility purposes as aforesaid is for a public
purpose and within the powers of the City of Shakopee .
2. That commencement of condemnation proceedings to acquire
said temporary and permanent drainage and utility easements is
-2-
/6
appropriate , expedient and necessary for completion of the Lake
Outlet Project and .for the implementation of the overall drainage
plan of the City of Shakopee .
3 . That in accordance with the Joint Powers Agreement ,
dated June 2, 1981 , the proper officials of the Prior Lake-Spring
Lake Watershed District and the City of Shakopee forthwith institute
eminent domain proceedings for and on behalf of the Prior Lake-
Spring Lake Watershed District and the City of Shakopee , and
in their joint names , for the purpose of acquiring the temporary
and permanent utility and drainage easements set forth in Exhibits
"A" through M','which are attached hereto and by reference made
a part hereof .
4. That said condemnation proceedings shall be conducted
under and pursuant to Chapter 117 of the Minnesota Statutes and
commenced at the earliest possible date, and specific authorization
is hereby granted to notify the owners of intent to take possession
pursuant to Minnesota Statutes, Section 117 . 042.
5 . That the proper officials of the Prior Lake-Spring Lake
Watershed District and the City of Shakopee shall be , and hereby
are , authorized and directed to do all things necessary and proper
to carry out the terms and intentions of this Resolution.
Adopted in session of the Shakopee City Council of
Shakopee , Minnesota , held this day of , 1981 .
Mayor of the City of Shakopee
Attested to :
City Clerk
-3-
Approved as to perform this day of , 1981 .
City Attorney
-4-
EXHIBIT A
LEGAL DESCRIPTION FOR PERMANENT EASEMENT:
A strip of land, 55. 00 feet in width, in the West half of
the Southeast Quarter of Section 14 , Township 115, Range 22,
Scott County, Minnesota, lying South of County Road Number 16 .
The centerline of said easement being described as follows :
Beginning at the Northwest corner of. Lot 10 , Block 1, Titus
2nd Addition as platted and of record in the office of the
County Recorder, Scottbounty, Minnesota; thence at an
angle to the left of 92 30 ' 00" from the North line of said
Block one, as measured from East to North, a distance Of
240. 00 thence deflect right 29 00 ' 00" a distance of i
290 . 00 feet; thence deflect sight 29°00 '00" a distance of
170 . 00 feet; deflect left 29 80 ' 00" a distance of 355 .00
feet; thence deflect right 4500 ' 00" a distance of 75 .00
feet; thence deflect right 4900 ' 00" a distance of 290.00
feet; thence deflect left 20°30 ' 00" a distance of 170.00
feet; thence deflect left 33°30 ' 00" a distance of 270. 00
feet; thence deflect left 29°00 ' 00" a distance of 125. 00
feet; thence deflect left 48°80 ' 00" a distance of 235.00
feet; thence deflect right 31 00 ' 00" a distance of 140.00
,
feet; thence deflect right 5 °30 ' 00" a distance of 230 . 00
feet; thence deflect left 34 00 ' 00" a distance of 125.40
feet; thence deflect left 71000 ' 00" a distance of 110 .00
feet; thence deflect left 41°30 ' 00" a distance of 100 .00
feet and there terminnl ng.
LEGAL DESCRIPTION FOR TEMPORA,tf EASEMENT :
A strip of land, 100 . 00 feet in width , in the West half of
the Southeast Quarter of Section 14 , Township 115 , Range 22 ,
Scott County, Minnesota, lying South of County Road Number 16 .
The centerline of said easement being described as follows :
Beginning at the Northwest corner of Lot 10 , Block 1,
Titus 2nd Addition as platted and of record irk the office
of the County Recorder , Sc8tt County, Minnesota; thence at
an angle to the left of 92 30 ' 00" from the Notth line of
said Block One, as measurgd from East to North, a distance
of 240. 00 thence right 29 00 ' 00" a distance of 290 .00 feet;
thence deflect right 29°00 ' 00" a distance of 170 .00 feet;
deflect left 29°80 ' 00" a distance of 355.00 feet; thence
deflect right 45 00 ' 00" a distance of 75.00 feet; thence
deflect right 49°00 ' 00" a distance of 290. 00 feet; thence
deflect left 20°30 ' 00" a distance of 170 . 00 feet; thence
deflect left 33°30 ' 00" a distance of 270 .00 feet; thence
deflect left 29°00 ' 00" a distance of 125 .00 feet; thence
deflect left 48°,0 ' 00" a distance of 235. 00 feet; thence
deflect right 31"00100" a distance of 140 . 00 feet; thence
deflect right 500 ' 00" a distance of 230 . 00 feet; thence
deflect left 34 00 ' 00" a distance of 125 .00 feet; thence
deflect left 71°00 ' 00" a distance of 110 .00 feet; thence
deflect left 41°80 ' 00" a distance of 125 . 00 feet; thence
deflect right 41 30 ° 00" a distance of 100 . 00 feet and
there terminating.
1
FEE OWNER (S) : Frances Ann Thomas d xF
Leonard J. Melby .,F,,': . ,:
James C. Melby t
William E. Melby t
CONTRACT VENDEE (S) : None
MORTGAGEE (S) : None
OTHER INTEREST (S) : None
._,
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PUBLIC USE: None ., ...
PARCEL NUMBER: 25
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-2 of A-
EXHIBIT B
•
LEGAL DESCRIPTION FOR PERMANENT EASEMENT :
A STRIP OF d.AND, 100 . 00 FEET IN WIDTH, IN THE EAST HALF OF
THE SOUTHEAST QUARTER OF SECTION 14 , TOWNSHIP 115 , RANGE 22
SCOTT COUNTY, MINNESOTA, LYING SOUTH OF COUNTY ROAD NUMBER 16 .
THE CENTERLINE OF SAID STRIP OF LAND BEING DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHWEST CORNER OF LOT 10, BLOCK I, TITUS
2ND ADDITION AS PLATTED AND CF RECORIN THE OFFICE OF THE
COUNTY RECORDER, 'SCOTT COUNTY, MINNESOTA; THENCE AT AN ANGLE
TO THE LEFT OF 92°30:00" FROM THE NORTH LINE OF SAID
BLOCK ONE, AS MEASURED FROM EAST TO NORTH, A DISTANCE OF 240:00
THENCE DEFLECT RIGHT 29°00'0 )" A DISTANCE OF 290.00 FEET; THENCE
DEFLECT RIGHT 29°00'00" A DIST,‘NCE OF 170.00 FEET; DEFLECT LEFT
29°00'00" A DISTANCE OF 355.00 FEET; THENCE DEFLECT RIGHT 45°0000"
A DISTANCE OF 75.00 FEET; THENCE DEFLECT RIGHT 49°00'00" A
DISTANCE OF 290.00 FEET; THENCE DEFLECT LEFT 20°30'00" A DISTANCE
OF 170.00 FEET; THENCE DEFLECT LEFT 33°30'00" A DISTANCE OF
270.00 FEET; THENCE DEFLECT LFT 29000'00" A DISTANCE OF 125.00
FEET; THENCE DEFLECT LF T 40 30'00" A DISTANCE OF 235.00 FEET;
THENCE DELFECT FIGHT 31 00'00" A DISTANCE OF 140.00 FEET; THENCE
DEFLECT RIGHT SIV 30'00" A DISTANCE OF 230.00 FEET; THENCE DEFLECT
LEFT 34 A DISTANCE OF 125.00 FEET; THENCE DEFLECT LEFT
71°00'00" A DISTANCE OF 110.00 FEET ; THENCE DEFLECT LEFT 41030'00`
A DSITANCE OF 125.00 FEET; THENCE DELFECT R >GHT 41°30'00" A
DISTANCE OF 100.00 FEET h', ': TERMINATING.
LEGAL DESCRIPTION FOR TEMPORARY EASEMENT :
BEGINNING AT THE NORTHWEST CORNER OF LOT 10, BLOCK I, TITUS
2ND ADDITION AS FLATTED AND OF RECORD IN THE OFFICE OF THE
COUNTY RECORDER, 'SCOTT COUNTY, MINNESOTA; THENCE AT AN ANGLE
TO THE LEFT OF 92°30'00" F;-,OM THE NORTH LINE OF SAID
BLOCK ONE, AS MEASURED FROM, EAST TO NORTH, A DISTANCE OF 240400
THENCE DEFLECT RIGHT 29°00'Lv" A DISTANCE OF 290.00 FEET; THENCE
DEFLECT RIGHT 29°00'00" A DISTANCE OF 170.00, FEET; DEFLECT LEFT
29°00'00" A DISTANCE OF 355.00 FEET; THENCE DEFLECT RIGHT 45°00'00"
A DISTANCE OF 75.00 FEET; THENCE DEFLECT RIGHT 49°00'100" A
DISTANCE OF 290.00 FEET; THENCE DEFLECT LEFT 20°30'00" A DISTANCE
OF 170.00 FEET; THENCE DEFLECT LEFT,33°30'00" A DISTANCE OF
270.00 FEET; THENCE DEFLECT IJ T 2'_)000` 00" A DISTANCE OF 125.00
FEET; THENCE DEFLECT LF,FT 48 30'00" A DISTANCE OF 235.00 FEET;
THENCE DELFECT RIGHT 31 00'00" A DISTANCE OF 140.00 FEET; THENCE
DEFLECT RIGHT 51030'0:x" A DISTANCE OF 230,00 FEET; THENCE DEFLECT
LEFT 34000'00" A DISTANCE OF 175.00 FEET; THENCE DEFLECT LEFT
71000'00" A DISTANCE OF 110.03 FEET ; THENCE DEFLECT LEFT 41030'00
A DSITANCE OF 125.00 FEET; THENCE DELFECT RIGHT 41°30'00" A
DISTANCE OF 100.00 FEET AND THERE TERMINATING.
y
FEE OWNER (S) : Steven D. Muhlenhardt %' ' :
Kathleen V. Muhlenhardt
CONTRACT VENDEE (S) : None
MORTGAGEE (S) : William Muhlenhardt
Magdelen Muhlenhardt
OTHER INTEREST (S) : None
PUBLIC USE: None
PARCEL NUMBERS: 26 , 27
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EXHIBIT C
LEGAL DESCRIPTION FOR PERMANENT EASEMENT:
A STRIP OF LAND, 35 . 00 FEET IN WIDTH, IN THE EAST HALF OF
THE SOU'Y EAST QUARTER OF SECTION 14 , TOWNSHIP 115 , RANGE
22 , SCOTT COUNTY, MINNESOTA, LYING NORTH OF COUNTY ROAD
NUMBER 16 .
THE CENTERLINE OF SAID STRIP OF LAND BEING DESCRIBED AS
FOLLOWS:
COMMENCING AT THE NORTHEAST CORNER OF SAID
SOUTHEAST QUARTER; THENCE SOUTH ALONG THE EAST LINE OF
SAID SOUTHEAST QUARTER A DISTANCE OF 978.5 FEET; THENCE
DEFLECT RIGHT 90°00'00" A DISTANCE OF 934.5 FEET TO THE
POINT OF BEGINNING OF THE C;rNTERLINE TO BE DESCRIBED;
THENCE DEFLECT RIGHT 93°N'00" A DISTANCE OF 80.00 FEET;
THENCE DEFLECT RIGHT 58°30'OQ" A DISTANCE OF 70.00 FEET;
THENCE DEFLECT LEFT 67°00'00" A DISTANCE OF 100.00 FEET;
THENCE DEFLrCT RIGHT 25°00'00" A D1STANC:: OF 80.00 FEET;
THENCE DEFLECT RIGHT 28°( '00" A DISTANCE OF 120.00
FEET; THENCE DEFLECT LUIT 23°00'0D" A DISTANCE OF 110.Oi
FEET; THENCE DEFLECT RICHT 22°00'00" A DISTANCE OF 125.00 '
FEET; THENCE DEFLECT LEFT 72°30'00" 0, DISTANCE OF 90.00
FEET; THENCE DEFLECT RIGHT 50°00'00' A DISTANCE OF
125.00 FEET; THENCE DEFLECT LEFT 37°3::100" A DISTANCE OF
100.00 FEET; THENCE DEFLECT RIGHT 45°20'00" A DISTANCE OF
95.00 FEET; THENCE DEFLECT LEFT 101° 00'00" A DISTANCE OF
75.00 FEET; THENCE DEFLEC RIGHT 55°30'00" A DISTANCE OF
20.00 FEET; THENCE DEFLr''" RIGHT0'3°00'00" A DISTANCE OF
60.30 FEET AND THERE T NAT1NG.
LEGAL DESCRIPTION FOR TEMPORARY EASEMENT:
A STRIP OF LAND, 50 . 00 FEET IN WIDTH, IN THE EAST HALF OF
TIIE SOUTHEAST QUARTER OF SECTION 14 , TOWNSHIP 115, RANGE
22 , SCOTT COUNTY, MINNESOTA LYING NORTH OF COUNTY ROAD
NUMBER 16 .
THE CENTERLINE OF SAID STRIP OF LAND BEING DESCRIBED AS
FOLLOWS :
COMMENCING AT THE NORTHEAST CORNER OF SAID
SOUTHEAST QUARTZR; THENCE SOUTH ALONG THE EAST LINE OF
SAID SOUTHEAST QUARTER A DISTANCE OF 978.5 FEET; THENCE
DEFLECT RIGHT 90°00'00" A DISTANCE OF 934.5 FEET TO THE
POINT OF BEGINNING OF THE (INTERLINE TO BE DESCRIBED;
THENCE DEFLECT RIGHT 93°00'007 A DISTANCE OF 90.00 FEET;
THENCE DEFLECT RIGHT 58°30'00" A DISTANCE OF 70.00 FEET;
THENCE DEFLECT LEFT 67°00'00" A DISTANCE OF 100.00 FEET;
THENCE DEFLECT RIGHT 25°00'00" A DISTANCE OF 80.00 FEET;
THENCE DEFLECT RIGHT 28°00'00" A. DISTANCE OF 120.00
FEET; THENCE DEFLECT LEFT 23°00'00" A DISTANCE OF 110.00
FEET; THENCE DEFLECT RIGHT 22°00'00" A DISTANCE OF 125.00
FEET; THENCE DEFLECT LEFT 72°30'00" A DISTANCE OF 90.00
FEET; THENCE DEFLECT RIGHT 50°00'00" A DISTANCE OF
125.00 FEET; THENCE DEFLECT LEFT 37°30'00" A DISTANCE OF
100.00 FEET; THENCE DEFLECT RIGHT 45°30'00" A DISTANCE OF
95.00 FEET; THENCE DEFLECT (LEFT 101° 00'00" A DISTANCE OF
75.00 FEET; THENCE DEFLECTRIGHT 55°30'00" A DISTANCE OF
20.00 FEET; THENCE DEFLECT RIGHT 03°00'00" A DISTANCE OF
60.30 FEET AND THERE TERMINATING.
FEE OWNER(S) : Roy S. Reed r +44,
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u4
CONTRACT VENDEE (S) : None
MORTGAGEE (S) : First Southdale National Bank of Edina
OTHER INTER',ST (S) : Penelope G. Reed, Spouse
PUBLIC USE: None
PARCEL NUMBER: 28
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EXHIBIT D
LEGAL DESCRIPTION FOR PERMANENT EASEMENT :
A STRIP OF LAND, 20 . 00 FEET IN WIDTH, IN THE EAST HALF OF THE
SOUTHEASf QUARTER OF SECTION 14 , TOWNSIIIf 115 , RANGE 22 ,
SCOTT COUNTY, MINNESOTA, LYING NORTH OF COUNTY ROAD NUMBER 16.
THE CENTERLINE OF SAID STRIP OF LAND BEING DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHEAST CORNER OF SAID
SOUTHEAST OUA?TEF ; . THENCE SOUTH ALONG THE EAST LINE OF
SAID SOUTHEAST QUARTER A DISTAN E OF 978.5 FEET; THENCE
DEFLECT RIGHT 90°00'00" A DISTANCE OF 93h.5 FEET TO THEI
POINT OF BEGINNING OF THE CENTERLINE TO EJE DESCRIBED;
THENCE DEFLECT RIGHT 93°00'n0" A DISTANCE OF 80.00 FEET;
THENCE DEFLECT RIGHT 58°30'00" A O 3TANCE OF 70.00 FEET ;
THENCE DEFLECT LEFT 67°00'00" A DISTANCE OF 100.00 FEET;
THENCE DEFLECT RIGHT 25°00'00" A DISTANCE OF 80.00 FEET;
THENCE DEFLECT RIGHT 28°00'00" A DISTANCE OF 120.00
FEET; THENCE DEFLECT LEFT 23°00'00" A DISTANCE OF 110.00
FEET; THENCE DEFLECT R;GHT 22°00'0O" A DISTANCE OF 125.00
FEET; THENCE DEFLECT LEFT 72°30'00" A DISTANCE OF 90.00
FEET; THENCE DEFLECT RIC ,T 50°00'00" A DISTANCE OF
125.00 FEET; THENCE DEFLECT LEFT 37° 30'00" A DISTANCE OF
100.00 FEET; THENCE DEFLECT RIGHT 45°30'00" A DISTANCE OF
95.00 FEET; THENCE DEFLECT LEFT 101° 00'00" A DISTANCE OF
75.00 FEET; THENCE DEFLECT RIGHT 55°30'00" A DISTANCE OF
20.00 FEET; THENCE DEFLECT' RIGHT 103°00'00" A DISTANCE OF
60.00 FEET AND THERE TERM NATING.
TOGETHER WITH A STRIP OF ,.. .3 OVER AND ACROSS THAT PART OF THE
SOUTH HALF OF THE NORTHEAST QUARTER OF SAID SECTION 14 DESCRIBED
AS FOLLOWS AND LYING BELOW ELEVATION 754 . 7 :
COMMENCING AT SAID PO:NT R;THENCE NORTH PERPENDICULAR TO
THE SOUTH LINE OF SAID SOUTH HALF A DISTANCE OF 220.00
FEET; THENCE DEFLECTING RIGHT 50°00'00" A DISTANCE OF
300.00 FEET; THENCE DEFLECTING LEFT 90°00'00" A DISTANCE
OF 100.00 FEET; THENCE D`FL`:TING LEFT 45°00'00" A DISTANCE
OF 885.00 FEET; THENCE DEFLE-TING LEFT 45'00'00" A DISTANCE
OF 830.00 FEET; THENCE DEFLECTING LEFT 45°00'00" A DISTANCE
OF 725.70 FEET; THENCE DEFLECTING LEFT 90°00'00" A DISTANCE
OF 1155.79 FEET TO THE POINT OF BEGINNING.
LEGAL DESCRIPTION FOR TEMPORARY EASEMENT :
A STRIP OF LAND 50 . 00 FEET IN WIDTH, IN THE SOUTH HALF OF THE
NORTHEAST QUARTER OF SECTION 14 , TOWNSHIP 115 , RANGE 22 , SCOTT
COUNTY, MINNESOTA.
THE CENTERLINE OF SAID EASEMENT BEING DESCRIBED AS FOLLOWS :
COMMENCING AT THE SOUTHEAST CORNER OF SAID SOUTH HALF
THENCE WEST ALONG HE SOUTH LINE OF SAID SOUTH HALF A
DISTANCE OF 610.00 FEET TO THE POINT OF BEGINNING OF THE
CENTERLINE TO BE DESCRIBED, SAID POINT HEREIiNAFTER CALLED
POINT "B"; THENCE NORTH, P^P:)�.i.11. WITH THE CAST LINE OF
SAID SOUTH HALF, A DIST•ANLL J50.00 FEET AND THERE
TERMINATING. �77
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FEE OWNER(S) : David W. Lucast
Lynda L. Lucast
CONTRACT VENDEE (S) : None
0
MORTGAGEE (S) : Twin City Federal Savings and Loan Association
OTHER INTEREST (S) : None
PUBLIC USE: None
PARCEL NUMBER: 29 •
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EXHIBIT E
LEGAL DESCRIPTION FOR PERMANENT EASEMENT
A STRIP OF LAND 30. 00 FEET IN WIDTH IN THE SOUTH HALF OF THE
NORTHEAST QUARTER OF SECTION 14 , TOWNSHIP 115 , RANGE 22 ,
SCOTT COUNTY, MINNESOTA.
THE CENTERLINE OF SAID STRIP OF LAND BEING DESCRIBED AS
FOLLOWS:
COMMENCING AT THE SOUTHEAST CORNER OF SAID SOUTH HALF;
THENCE WEST ALONG THE SOUTH LINE OF SAID SOUTH HALF
A DISTANCE OF 1280.00 FEET; THENCE DEFLECT RIGHT
90°�00'00" A DISTANCE OF ?X,00 FEET TO A POINT HEREINAFTER
REFERRED TO AS POINT A; THENCE DEFLECT RIGHT 45°00'00"
A DISTANCE OF 175.00 FEET TO THE POINT OF BEGINNING
OF THE CENTERLINE TO BE DESI, BED; THENCE SOUTHWEST
A DISTANCE OF 175.00 FEET TO SAID POINT A; THENCE WEST
PARALLEL WITH THE SOUTH LINE OF SAID SOUTH HALF A DISTANCE
OF 741 .03 FEET; THENCE DEFLECT RIGHT 26°15'00" A DISTANCE
OF 712.35 FEET TO A POINT ON THE WEST LINE OF SAID SOUTH
HALF DISTANT 515.06 FEET NORTH OF THE SOUTHWEST CORNER
OF SAID SOUTH HALF AS MEASURED ALONG SAID WEST LINE;
THENCE CONTINUING NORTHWEST ALONG THE NORTHWESTERLY EXTENSION
OF THE LAST DESCRIED COURSIE A DISTANCE OF 50.00 FEET AND
THERE TERMINATING.
TOGETHER WITH A STRIP OF ,_, .0 30 .00 FEET IN WIDTH IN SAID
SOUTH HALF.
THE CENTERLINE OF SAID STRIP OF LAND BEING DESCRIBED AS
FOLLOWS :
COMMENCING AT THE SOUTHE4ST CORNER OF SAID SOUTH HALF
THENCE WEST ALONG THE SOUTH LINE OF SAID SOUTH HALF A
DISTANCE. OF 610.00 FEET TO THE POINT OF BEGINNING OF THE
CENTERLINE TO BE DESCRIBED, :AID POINT HEREINAFTER CALLED
POINT "B"; THENCE NORTH, ?ARALLEL WITH T',E EAST LINE OF
SAID SOUTH HALF, A DISTANCE OF 350.00 FEET AND THERE
TERMINATING.
TOGETHER WITH A STRIP OF LAND IN THAT PART OF THE SOUTH HALF
OF THE NORTHEAST QUARTER OF SAID SECTION 14 DESCRIBED AS
FOLLOWS AND LYING BELOW ELEVATION 754 . 7 :
COMMENCING AT SAID POINT D;THENCE NOR'u PERPENDICULAR TO
THE SOUTH LINE OF SAID SOUTH HALF A DISTANCE OF 220.00
FEET; THENCE DEFLECTING RIGHT 90°00'00" A DISTANCE OF
300.00 FEET; THENCE DEFLECTING LEFT 90"00100"' A DISTANCE
OF 100.00 FEET; THENCE DEFLECTING LEFT 4500'00" A DISTANCE
OF 885.00 FEET; THENCE DEFLECTING LEFT 45°00100" A DISTANCE
OF 830.00 FEET; THENCE DEFLECTING LEFT 45°00'00" A DISTANCE
OF 725.70 FEET; THENCE DEFLECTING LFT 9000'00" A DISTANCE
OF 1155.79 FEET TO THE ;:0INT OF BEGINNING.
Pt
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( b
LEGAL DESCRIPTION FOR TEMPORARY EASEMENT :
A STRIP OF LAND 60 . 00 FEET IN WIDTH IN THE SOUTH HALF OF THE
NORTHEAST QUARTER OF SECTION 14 , TOWNSHIP 115 , RANGE 22 , SCOTT
COUNTY , MINNESOTA.
THE CENTERLINE OF SAID STRIP OF LAND BEING DESCRIBED AS
FOLLOWS:
COMMENCING AT THE SOUTHEAST CORNER OF SAID SOUTH HALF;
THENCE WEST ALONG THE SOUTH LINE OF SAID SOUTH HALF
A DISTANCE OF 1280.00 FEET; THENCE DEFLECT RIGHT
9040'00" A DISTANCE OF 200.00 FEET TO A POINT HEREINAFTER
REFERRED TO AS POINT A; THENCE DEFLECT RIGHT 45000'0U"
A DISTANCE OF 175.00 FEET TO THE POINT OF BEGINNING
OF THE CENTERLINE TO BE DESC 'IBED; THENCE SOUTHWEST
A DISTANCE OF 175.00 FEET TO SAID POINT A; THENCE WEST
PARALLEL WITH THE SOUTH LINE OF SAID SOUTH HALF A DISTANCE
OF 741 .03 FEET; THENCE DEFLECT RIGHT 26°15'00" A DISTANCE
OF 712.35 FEET TO A POINT ON THE WEST LINE OF SAID SOUTH •
HALF DISTANT 515.06 FEET NORTH OF THE SOUTHWEST CORNER
OF SAID SOUTH HALF AS MEASURED ALONG SAID WEST LINE;
THENCE CONTINUING NORTHWEST ALONG THE NORTHWESTERLY EXTENSION
OF THE LAST DESCRIBED COURSE A DISTANCE OF 50.00 FEET AND
THERE TERMINATING.
FEE OWNER(S) : ROY S. REED
CONTRACT VENDEE (S) : Terrance Hanson
MORTGAGEE (S) : None
OTHER INTEREST (S) : Penelope S. Reed, Spouse of fee owner
PUBLIC USE: None
PARCEL NUMBER: 30
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fb
EXHIBIT F
•
LEGAL DESCRIPTION FOR PERMANENT EASEMENT :
1
A STRIP0OF LAND 30 . 00 FEET IN WIDTH IN THE SOUTH HALF OF THE
NORTHWEST QUARTER OF SECTION 14 , TOWNSHIP 115, RANGE 22 , SCOTT
COUNTY, MINNESOTA.
THE CENTERLINE OF SAID STRIP OF LAND BEING DESCRIBED AS FOLLOWS :
COMMENCING AT THE SOUTHEAST CORNER OF SAID SOUTH HALF:
THENCE NORTH ALONG THE EAST LINE OF SAID SOUTH HALF, A
DISTANCE OF 515. 06 FEET TO THE POINT OF BEGINNING OF
THE CENTERLINE TO BE DESCRIBED; THENCE DEFLECT LEFT
63047 ' 32" A DISTANCE OF 1470 . 50 FEET; THENCE DEFLECT
LEFT 26015 ' 00" , A DISTANCE OF 532 .00 FEET; THENCE
DEFLECT RIGHT 18045 ' 00" A DISTANCE OF 350 .00 FEET AND
THERE TERMINATING.
LEGAL DESCRIPTION FOR TEMPORARY EASEMENT: None
FEE OWNER(S) : George J. Shutrop
Idella J. Shutrop
CONTRACT VENDEE (S) : None
MORTGAGEE (S) : None
OTHER INTEREST (S) : None
PUBLIC USE: Metropolitan Wa. 2ontrol Commission - easement for
sanitary sewer purposes (Prior Lake Interceptor)
PARCEL NUMBER: 31
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EXHIBIT C
LEGAL DESCRIPTION FOR PERMANENT EASEMENT:
THAT PADS' OF THE EAST HALF OF THE SOUTHEAST QUARTER OF SECTION
10 , TOWNSHIP 115, RANGE 22 , SCOTT COUNTY, MINNESOTA, DESCRIBED
AS FOLLOWS AND LYING BELOW ELEVATION 744 . 75 :
COMMENCING AT THE NORTHEAST CORNER OF SAID SOUTHEAST QUARTER;
THENCE WEST ALONG THE NORTH LINE OF SAID SOUTHEAST QUARTER
A DISTANCE OF 290.00 FEET TO THE POINT OF BEGINNING OF THE
LAND TO BE DESCRIBED; THENCE CONTINUING WEST ALONG SAID
NORTH LINE A DISTANCE OF 220.00 FEET ; THENCE DEFLECTING LEFT
45°00'00" A DISTANCE OF 390.00 FEET; THENCE DEFLECTING LEFT
450'00" A DISTANCE OF 250.00 FEET; THENCE DEFLECTING LEFT
135°00'00" A DISTANCE OF 390.00 FEET; THENCE DEFLECTING RIGHT
90°00'00" A DISTANCE OF 400.00 FEET; THENCE DEFLECTING LEFT
45°00'00" A DISTANCE OF 124.00 FEET; THENCE DEFLECTING LEFT
90930'00" A DISTANCE OF 350.07 FEET ; THENCE DEFLECTING LEFT
45°00'00" A DISTANCE OF 250.00 FEET TO THE POINT OF BEGINNING.
TOGETHER WITH A STRIP OF LAND , 35 . 00 FEET IN WIDTH, IN THE
NORTHEAST QUARTER OF SECTION 10, TOWNSHIP 115 , RANGE 22 , SCOTT
COUNTY, MINNESOTA.
THE CENTERLINE OF SAID STRIP OF LAND BEING DESCRIBED AS FOLLOWS :
r
COMMENCING AT THE SOUTHEAST CORNER GF SAID NORTHEAST
QUARTER; THENCE WEST ALONE: " SOUTH LINE OF SIAD NORTHEAST
QUARTER A DISTANCE OF 290.x., rEFT TO THE POINT OF BEGINNING
OF THE CENTERLINE TO BE DESCRIBED; THENCE DEFLECTING RIGHT
13530'00" A 'DISTANCE OF 117.38 FEET; THENCE DEFLECTING RIGHT
45°00'00" A DISTANCE CF 157.00 FFET; THENCE NORTH PARALLEL
WITH THE EAST LINE OF SAID NOf.THEAST QUARTER A DISTANCE OF
1688.5 FEET ; THENCE DEFLECTING LEFT 90°00'00" A DISTANCE OF
162.00 FEET; THENCE DEFLECTING RIGHT 73°G0'00" A DISTANCE OF
100.00 FEET AND THERE TERMINATING. I
LEGAL DESCRIPTION FOR TEMPORARY EASEMENT :
A STRIP OF LAND, 100 . 00 FEET IN WIDTH, IN THE NORTHEAST QUARTER
OF SECTION 10 , TOWNSHIP 115 , RANGE 22 , SCOTT COUNTY, MINNESOTA.
THE CENTERLINE OF SAID STRIP OF LAND BEING DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHEAST CORNER OF SAID NORTHEAST
QUARTER; THENCE WEST ALONG THE SOUTH LINE OF SIAD NORTHEAST
QUARTER A DISTANCE OF 290.00 FEET TO THE POINT OF BEGINNING
OF THE CENTERLINE TO BE DESCRIBED; THENCE DEFLECTING RIGHT
135°00'00" A' DISTANCE OF 117.38 FEET; THENCE DEFLECTING RIGHT
45°00'00" A DISTANCE OF 157.00 FEET; THENCE NORTH PARALLEL
WITH THE EAST LINE OF SAID NORTHEAST QUARTER A DISTANCE OF
1688.5 FEET ; THENCE DEFLECTING LEFT 90°00'00" A DISTANCE OF
162.00 FEET; THENCE DEFLECTING RIGHT 73°00'00" A DISTANCE OF
100.00 FEET AND THERE TERMINATING.
FEE OWNER(S) : Valley Industrial Park, Ltd. , a Minnesota limited
partnership
1' +,3
}:
f'
_; ONTRACT VENDEE ( ) : None
*„,1 1 ORTGAGEE (S) : Surety Corporation
tr
''OTHER INTEREST (S) : Northstar Research and Development - easement
for ingress and egress
PUBLIC USE: City of Shakopee - easement for utilities
Shakopee Public Utilities Commission - easement for utilities
Metropolitan Wase Control Commission - easement for sanitary
Sewer purposes (Prior Lake Interceptor)
Northern States Power - easement for electric power line
purposes
PARCEL NUMBER: 32
-2 of G-
EXHIBIT H
LEGAL DESCRIPTION FOR PERMANENT EASEMENT:
A STRIPc,OF LAND 100 . 00 FEET IN WIDTH, IN THE NORTH 824 FEET
OF THE EAST HALF OF THE NORTHEAST QUARTER OF SECTION 10 ,
TOWNSHIP 115, RANGE 22 , SCOTT COUNTY, MINNESOTA.
THE CENTERLINE OF SAID STRIP OF LAND BEING DESCRIBED AS FOLLOWS:
COMMENCING AT THE SCUTHEAST CORNP OF SAID NORTHEAST QUARTER;
THENCE WEST ALONG THE •SOUTH LINE OF SAID NORTHEAST QUARTER
A DISTANCE OF 290.00 FEET TO THE POINT OF BEGINNING TO THE
CENTERLINE TO BE DESCRIBED; THENCE DEFLECTING RIGHT
135000'00" A DISTANCE OF 117.38 FEET; THENCE DEFLECTING RIGHT
45000'00" A DISTANCE OF 157.00 FEET; THENCE NORTH PARALLEL
WITH THE EAST LINE OF SAID NORTHEAST QUARTER TO ITS INTERSECTION
WITH THE NORTH LINE OF SAID NORTHEAST QUARTER; THENCE NORTH
PARALLEL WITH THE EAST LINE. OF THE SOUTHEAST QUARTER OF SECTION 3,
SAID TOWNSHIP 115, SAID RANGE 22, A DISTANCE OF 10.00 FEET AND
THERE TERMINATING.
LEGAL DESCRIPTION FOR TEMPORARY EASEMENT: None
FEE OWNER (S) : Kawasaki Motors Corp. , U.S .A. , Inc.
CONTRACT VENDEE (S) : None
MORTGAGEE (S) : None
OTHER INTEREST (S) : None
PUBLIC USE: Northern States Power Company —easement for electric
power line
PARCEL NUMBER: 33
141
0 b—
EXHIBIT I
LEGAL DESCRIPTION FOR PERMANENT EASEMENT:
A STRIPw)F LAND 50. 00 FEET IN WIDTH, IN THE SOUTHEAST QUARTER
OF SECTION 3, TOWNSHIP 115, RANGE 22 , SCOTT COUNTY, MINNESOTA,
LYING NORTH OF THE RIGHT OF WAY OF THE CHICAGO AND NORTH-
WESTERN RAILROAD AND LYING SOUTH OF THE RIGHT OF WAY OF
STATE TRUNK HIGHWAY NO. 101.
THE CENTERLINE OF SAID STRIP OF LAND DESCRIBED AS FOLLOWS :
COMMENCING AT THE SOUTHEAST CORNER OF SAID SOUTHEAST
QUARTER A DISTANCE OF 1286 . 00 FEET; THENCE DEFLECT LEFT
90o00 ' 00" A DISTANCE OF 431. 00 FEET TO THE POINT OF
BEGINNING OF THE CENTERLINE TO BE DESCRIBED; THENCE
DEFLECT RIGHT 84°00 ' 00" A DISTANCE OF 270 .00 ; THENCE
DEFLECT 106°00 ' 00" A DISTANCE of 70 . 00 FEET; THENCE
DEFLECT RIGHT 113°30 ' Og" A DISTANCE OF 80 . 00 FEET;
THENCE DEFLECT LEFT 58 80 ' 00" A DISTANCE OF 150.00 FEET;
THENCE DEFLECT RIGHT 42 30 ' 00" A DISTANCE OF 200 .00
FEET AND THERE TERMINATING.
FEE OWNER(S) : Darwin Hentz
CONTRACT VENDEE (S) : Shakopee Sports Center, a Minnesota corporation.
MORTGAGEE (S) : None
OTHER INTEREST (S) : Mavis E. ''f'ntz, Spouse of fee owner
PUBLIC USE: None
PARCEL NUMBER: 35
t.
lr
EXHIBIT J
LEGAL DESCRIPTION FOR PERMANENT EASEMENT :
A STRIP OF LAND 100 . 00 FEET IN WIDTH , IN THE SOUTHEAST QUARTER
OF SECTION 3 , TOWNSHIP 115 , RANGE 22 , SCOTT COUNTY, MINNESOTA
LYING SOUTH OF THE RIGHT OF WAY OF THE CHICAGO AND NORTHWESTERN
RAILROAD.
THE CENTERLINE OF SAID STRIP OF LAND BEING DESCRIBED AS FOLLOWS :
COMMENCING AT THE SOUTHEAST C0rH LR OF THE NORTHEAST
QUARTER OF SECTION 10, SAID TOWNSHIP 115, SAID
RANGE 22; THENCE WEST ALONG THE SOUTH LINE OF
SAID NORTHEAST OUARTER A DISTANCE OF 290.00 FEET
TO THE POINT OF BEGINNING OF THE CENTERLINE TO
BE DESCRIBED; THENCE DEFLECTING RIGHT 1350 00'00"
A DISTANCE OF 117.38 FEET; THENCE DEFLECTING
RIGHT 45000'00" A DISTANCE OF 157.00 FEET; THENCE
NORTH PARALLEL WITH THE EAST LINE OF SAID NORTHEAST
QUARTER TO ITS INTERSECTION WITH THE SOUTH LINE
OF SAID SOUTHEAST QUARTER OF SECTION 3; THENCE
NORTH PARALLEL WITH THE EAST LINE OF SAID SOUTHEAST
QUARTER A DISTANCE OF 782.56 FEET; THENCE DEFLECT
LEFT 27017'42" A DISTANCE OF 168.59 FEET; THENCE
DEFLECTING LEFT 19000'00" A DISTANCE OF 425.00
FEET; THENCE DEFLECTING RIGHT 49°30'00" A DISTANCE
OF 100.00 FEET AND THERE TERMINATING.
FEE OWNER (S) : J. L. Shiely C
CONTRACT VENDEE (S) : None
MORTGAGEE (S) : None
OTHER INTEREST (S) : None
PUBLIC USE: City of Shakopee -- easement for water main.
Metropolitan Waste Control Commission - easement for sanitary
Sewer purposes (Prior Lake Int:erceptor)
PARCEL NUMBER: 34
�p.
l o �
EXHIBIT K
LEGAL DESCRIPTION FOR PERMANENT EASEMENT :
A STRIP )F LAND, 50 . 00 FEET IN WIDTH, IN THE SOUTHEAST
QUARTER OF SECTION 3, TOWNSHIP 115 , RANGE 22 , SCOTT COUNTY,
MINNESOTA, LYING NORTH OF THE RIGHT OF WAY OF THE CHICAGO
AND NORTHWESTERN RAILROAD AND LYING SOUTH OF THE RIGHT OF
WAY OF STATE TRUNK HIGHWAY NO. 101.
THE CENTERLINE OF SAID STRIP OF LAND BEING DESCRIBED AS
FOLLOWS :
COMMENCING AT THE SOUTHEAST CORNER OF SAID SOUTHEAST
QUARTER A DISTANCE OF 1286 . 00 FEET; THENCE DEFLECT LEFT
90000 ' 00" A DISTANCE OF 431. 00 FEET TO THE POINT OF
BEGINNING OF THE CENTERLINE TO BE DESCRIBED; THENCE
DEFLECT RIGHT 84000 ' 00" A DISTANCE OF 270 .00 ; THENCE
DEFLECT LEFT 106000 ' 00" A DISTANCE OF 70 . 00 FEET;
THENCE DEFLECT RIGHT 113030 '$0" A DISTANCE OF 80 .00
FEET; THENCE DEFLECT LEFT 58 0 ' 00" A DISTANCE OF 150 .00
FEET; THENCE DEFLECT RIGHT 42 30 ' 00" A DISTANCE OF 200 . 00
FEET AND THERE TERMINATING.
LEGAL DESCRIPTION FOR TEMPORARY EASEMENT: None
FEE OWNER(S) : Darwin Hentz
CONTRACT VENDEE (S) St. Peter Mobile Homes , Inc.
MORTGAGEE (S) : None
OTHER INTEREST (S) : Mavis E. Hentz , Spouse of fee owner
PUBLIC USE: None
PARCEL NUMBER: 36
•
s cs,
EXHIBIT L
LEGAL DESCRIPTION FOR PERMANENT EASEMENT:
A STRIP d)F LAND, 100 . 00 FEET IN WIDTH, IN THE EAST HALF OF
SECTION 3, TOWNSHIP 115, RANGE 22 , SCOTT 'COUNTY, MINNESOTA.
THE CENTERLINE OF SAID STRIP OF LAND BEING DESCRIBED AS
FOLLOWS:
COMMENCING AT THE •I NTEPcEC HON ON OF THE EAST L INE OF
SAID SECTION 3 WITH THE Iv 'I LINE OF STATE TRUNK
HIGHWAY NO. 101 ; THENCE WESI ALONG SAID NORTH LINE
A DISTANCE OF 790.00 FEET ; FHg..NCE DEFLECT RIGHT 52°00'00"
A DISTANCE OF 70.00 FEET; WINCE DEFLECT RIGHT 36°30'00"
A DISTANCE OF 120.00 FEET ; TI ICE DEFLECT LEFT 0) 30'00"
A DISTANCE OF 165.00 FEET ; TE�LNCE DLI LECT LEFT 6E1) 30'00"
A DISTANCE OF 40.00 FEET; THENCE DEFLECT RIGHT 69°00'00"
A DISTANCE OF 50.00 FEET ; THENCE DEFLECT RIGHT 32)00'00"
A DISTANCE OF 90.00 FEET; THENCE DEFLECT LEFT 67°30'00"
A DISTANCE Of- 30.00 FEET ; THENCE DEFLECT RIGHT 8{P 30'00"
A DISTANCE OF 110.00 FEET ; THENCE DEFLECT LEFT 70000'00"
A DISTANCE OF 230.00 FEET; THENCE DEFLECT RIGHT 30°00'00"
A DISTANCE OF 60.00 FEET; THENCE DEFLECT LEF • 58°00'00"
A DISTANCE OF 70.00 FEET ; THENCE DEFLECT RIGHT 90°00'00" A
DISTANCE OF 30.00 FEET; THENCE DEFLECT RIGHT 46°00'00" A
DISTANCE OF 55.00 FEET; TIHENCE DEFLECT LEFT 14°30'00" A
DISTANCE OF 120.00 FEET; THENCE DEFLECT LEFT 56°00'00" A
DISTANCE OF 60.00 FEET ; Th NCE DEFLECT RIGHT 80°00'00" A
DISTANCE OF 100.00 FEET ; :_ NCE DEFLECT RIGHT 11° 30'00"
A DISTANCE OF 130.00 FEET ; THENCE DEFLECT RIGHT 66°00'00"
A DISTANCE OF 85.00 FEET ; THENCE DEFLECT LEFT 74° 00'00"
A DISTANCE OF 160.00 FEET ; THE=NCE DEF_ECT LEFT 5900'00" A
DISTANCE OF 90.00 FEET ; THENCE DEFLECT RIGHT 34°30'00"
A DISTANCE OF 120.00 FEET ; THENCE DEFLECT LEFT 90°00'00" A
DISTANCE OF 40.00 FEET; THENCE DEFLECT LEFT 80° 30'00" A
DISTANCE OF 85.00 FEET; THENCE DEFLECT RIGHT 100°00'00"
A DISTANCE OF 265.00 FEET; THENCE DEFT CCT LEFT 36°30'00"
A DISTANCE OF 60.00 FEET ; THENCE DEFLECT RIGHT 54°00'00" A
DISTANCE OF 225.00 FEET; THENCE DEFLECT LEFT 49830'00" A
DISTANCE OF 250.00 FEET AND THERE TE1MI'NATING. .
LEGAL DESCRIPTION FOR TEMPORARY EASEMENT: None
FEE OWNER(S) : Wilfred J. Kopp
Margaret S . Kopp
CONTRACT VENDEE (S) : None
MORTGAGEE (S) : None
OTHER INTEREST (S) : None
PUBLIC USE: None
PARCEL NUMBER: 37
77 + �
i�
C
p•. k F r q ro i
EXHIBIT M
*,
LEGAL DESCRIP'T'ION FOR PERMANENT EASEMENT;
A STRIP eF LAND, 100 . 00 FEET IN WIDTH, IN THE EAST HALF OF
SECTION 3, TOWNSHIP 115 , RANGE 22 , SCOTT COUNTY, MINNESOTA.
THE CENTERLINE OF SAID STRIP OF LAND BEING DESCRIBED AS
FOLLOWS:
y ° i
COMMENCING AT THF I NT EHEC t I ON OF THE EASE L I NF OF
SAID SECTION 3 WITH THE NORTH LINE CF STATE THU4K1
HIGHWAY NO. 101 ; 1 HENCE WEST ALONG EA ID NORTH LINE
A DISTANCE OF 790.00 FEET; THENCE DEFLECT RIGHT 52°00'00"'` , •
t .,
A DISTANCE OF 70.00 FEET; THENCE DEF°_ECT RIGHT .36°30'00" flE, .;,;
A DISTANCE OF 120.00 FEET ; DEFLECT LEFT 0, 30.00" ,r
A DISTANCE OF 165.00 FEET; THENCE DEFLECT LEFT 630'00" '
A DISTANCE OF 40.00 FEET ; THENCE DEFLEICT RIGHT 69°00'00°'
A DISTANCE OF 50.00 FEET ; THENCE DEFLECT RIGHT 32'00'00"
A DISTANCE OF 90.00 FEET; THENCE DEFLECT LEFT 67`30'00'$
A DISTANCE OF 30.00 FEET ; THENCE DEFLECT RIGHT 8P 30'01"
A DISTANCE OF 110.00 FEET; THENCE DEFLECT LEFT 70°00'00" r"
A DISTANCE OF 230.00 FEET; THENCE DEFLECT RIGHT 30°00'00'° '
A DISTANCE OF 60.00 FEET ; THENCE DEFLECT LEFT 58°00'00" ._
A DISTANCE OF 70.00 FEET; THENCE DEFLECT RIGHT 90'00'00" A
DISTANCE OF 30.00 FEET; THENCE DEFLECT RIGHT 4600'00" A '
DISTANCE OF 55.00 FEET; 1THENCE DEFLECT LEFT 14°30'00" A
DISTANCE OF 120.00 FEET;' THENCE DEFLECT LEFT 5i°00'00" A
DISTANCE OF 60.00 FEET; THENCE DEFLECT; RIGHT 80°00'00" A
DISTANCE OF 100.00 FEE1 `HENCE DEFLECT RIGHT 11" 30'00"
A DISTANCE OF 130.00 FL , THENCE DEFLECT RIGHT 66`00'00"
A DISTANCE OF 85.00 FEET ; TI;'rNCE DEFLECT LEI T 74° 00'00"
A DISTANCE OF 160.00 FEET ; 1iiLNCE DEFLECT LEFT ' 9°00°00" A
DISTANCE OF 90.00 FEET; THENCE DEFLECT RIGHT 34° 30'00"
A DISTANCE OF 120.00 FEET ; THENCE DEFLECT LEFT 90°O0'00i1 A
DISTANCE OF 40.00 FEET; THENCE DEFLECT LEFT 80° 30'00" A
DISTANCE OF 85.00 FEET ; THENCE DEFLECT RIGHT 10d'00'00"
A DISTANCE OF 265. )0 FEET; THENCE DEFLECT LEFT 36°30'00"
A DISTANCE OF 60.00 FEET; THENCE DEFLECT RIGHT 54°00'00" A
DISTANCE OF 225.00 FEET ; THENCE DEFLECT LEFT 49° 30'00" A
DISTANCE OF 250.00 FEET TFIERE TERMINATING.
LEGAL DESCRIPTION FOR TEMPORARY EASEMENT: None
FEE OWNER(S) : Wilfred J. Kopp
Margaret S . Kopp
CONTRACT VENDEE (S) : First Central Service Corporation
MORTGAGEE (S) : None
OTHER INTEREST (S) : None
H7 . P
PUBLIC USE: Metropolitan Waste Control Commission - easement fo '; ,.
sanitary sewer purposes (Prior Lake Interceptor)
PARCEL NUMBER: 38 'lk'
' ,< Pt'
s� a s•�, t f t .
•
QUALIFICATIONS OF APPRAISER
Malcolm B. Allen, Realtor, I.F.A.
403 Jackson Street , Anoka , Minnesota, 55303
Owner of The Allen Company, Realtors
403 Jackson Street, Anoka, Minnesota, 55303
PROFESSIONAL ORGANIZATIONS
National Association of Real . :ate Boards
Minnesota Association of Real Estate Boards
Anoka County Board of Realtors, Past President
c•.,ctiiaYvuo Board Ga Realtors
Multiple Listing Service
National Association of Independent Fee Appraisers
Anoka County Chapter of Independent Fee Appraisers, President
Planning Committee Industrial Development Course Series 500 at
Anoka Ramsey Community College
GOVERNMENT CLIENTS SERVED
Qualified and appeared as Expert Witness in District Court
1. Anoka County
2. Sherburne County
3. Chisago County
4. Washington County
Served as Condemnation Commissioner for District Court, Anoka
County, Minnesota, on matters of Highway right-of-way, utility
easements, drainage ditches, parks, etc.
APPRAISED FOR
Anoka Hennepin School District No. 11
Anoka County Park Department
Anoka County Highway Department
Anoka County Probate Court
City of Anoka
City of Coon Rapids
City of Fridley i
City of Spring Lake Park
•
/d
•
QUALIFICATIONS OF APPRAISER
Malcolm B. Allen, Realtors, I.F.A.
Continued
PRIVATE CLIENTS SERVED
St. Paul Sand and Gravel Company
Honeywell Inc.
Anoka Abstract Company
Princeton State Bank
First National Bank in Anoka
General Motors Corporation
Mercy Hospital
St. Stephens Catholic Church
Art Goebel Ford, Inc.
Greenberg Rambler
E. J. Baehr Oil Companies
Northern States Power Company
Murphy Service Insurance Company
Rural Power and Electric Cooperative
PROFESSIONAL EXPERIENCE
Active Real Estate Broker, Self-employed since 1946
President and founder of the Lakeside Company, developers
of Suburban and Waterfront Properties since 1949.
President of Malbea Construction Inc. engaged in house and
recreational home building.
Owner and founder of The Allen Company and the Allen Agency
engaged in general real estate, insurance and appraisal
business since 1953.
/1)
PROFESSIONAL QUALIFICATIONS OF
Carl E. Erickson; P.E. , A.S.A. , S.R.A •
EDUCATION:
Hibbing Junior College; Hibbing, Minnesota - 1936 - 1938
University of Minnesota; Minneapolis, Minnesota - 1938 - 1940
University of Miami; Coral Gables, Florida - 1941
Engineers' School, U. S. Corps of Engir.eers; Fort Belvoir, Virginia, 1943
St. Paul College of Law; St. Paul, Minnesota - 1945 - 1946
University of Minnesota; Bachelor of Aeronautical Engineering Degree - 1945
Anoka-Ramsey Community College; Coon Rapids, Minnesota; Member of Faculty,
Real Estate Instructor; 1970 ---
PROFESSIONAL EXPERIENCE:
Registered Professional Engineer (P.E.), State of Minnesota,
Registration No. 2696
Engineer, Chemical; United States Gypsum Co. , St. Paul Division;
St. Paul, Minnesota - 1939
First Lieutenant, U.S. Army Air Corps; Aerial Navigator,
Squadron and Group Adjutants - 1940 - 1944
Engineer, Senior Test - Mechanical and Electrical Engineering;
Minneapolis Honeywell Regulator Co. , Aeronautical Division,
Minneapolis, Minnesota - 1944 - 1946
Chief Valuation Engineer; Marshall & Stevens, Inc. ; Minneapolis
District; Minneapolis, Minnesota - 1946 - 1955
Founder: The Appraisal Bureau; Consulting Valuation Engineers;
Minneapolis, Minnesota - 1955 - 1964
President: Appraisal Engineering Bureau, Inc. - 1964 ---
Director and Coordinator: Real Estate Program; Anoka-Ramsey Community
College - 1970 ---
PROFESSIONAL MEMBERSHIPS
Minnesota Society of Professional Engineers
National Society of Professional Engineers
American Society of Technical Appraisers
American Society of Appraisers (A.S.A.), Charter and Senior
Member, State Director for Minnesota - 1962 - 1963
Society of Real Estate Appraisers (S.R.A.), Senior Residential
Appraiser
American Institute of Management
Minneapolis Board of Realtors - Affiliate Member
The Delta Theta Phi Law Fraternity, Life Member; No. 754
American Right of Way Association
National Institute of Real Estate Brokers
Minnesota Society of Industrial Engineers + fi• '"'
National Association of IndcFer '.npraisers
American Association of Cost Enginec.:s
IPP.74/$U E IVAVdNO 1.?0.? rl) ®res:
BOWLER
APPRAISALS
' '
fl '' 105 SUNSET DRIVE
.
JORDAN, MN 55352
(612) 492-6051
QUALIFICATIONS
of
Edmund C. Bowler
Appraiser
Appraisal Experience
Owner Bowler Appraisals - since 1976
-Private fee appraisals in Scott, Sibley and Le Sucur Counties
-Mass appraisals for special assessments
-Condemnation Appraisals
-Uninsured casualty loss appraisals
Assessor for five taxing districts in Scott and Sibley
Counties- since 1972
Professional Organizations
International Society of Real Estate Appraisers, Inc.
International Association of Assessing Officers
Minnesota Association of Assessing Officers
Education
Mankato State University
Continuing Education in Real Estate, Course 1 & II
Society of Real Estate Appraisers
Residential Course 101 & Narrative Report Writing Seminar
International Assn. of Assessing Officers
Appraisal Admini . ration Course 4
Minnesota State Board of Assessors
Rural Appraisal Course Computer Assisted Appraisal/
Residential Appraisal Course Assessnnent
Narrative Report Writing Methods of Easement Appraisal
Methods of Appeal Methods of Agricultural Appraisa
Methods of Mass Appraisal Basic Appraisal Course
Mankato State College 1963 to 1967
Since 1978-MHFA qualified appraiser
Since 1980-FNMA qualified appraiser
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MEMO TO : John K . Anderson
City Administrator
►+ i' r
FROM : H . R . Spurrier 4.
City Engineer '41‘k S/
RE : 1980-2 Public Improvement Program
Eastview 1st Addition Improvements
DATE : December 31, 1981
Introduction :
Minnesota Valley Surfacing Company, a division of Hardrives, Route 3,
Box 120, Shakopee, Minnesota has successfully completed the work for
Contract No. 80-2, Division 2, Eastview 1st Addition Improvements.
Background :
The final contract amount of $81, 647. 47, includes the work specified in the
original contract and that work added by Change Order No. 1, approved
July 29, 1981. Final payment is $4, 082. 37. This amount represents full and
final payment for all work performed by the contractor.
A detailed account of those costs is attached to the Certificate of Completion.
Recommendations :
It is the recommendation of City staff that final payment in the amount of
$4, 082. 37 be authorized to Minnesota Valley Surfacing Company, Route 3,
Box 120, Shakopee, Minnesota 55379.
Action Requested :
Adopt Resolution No. 1961, A Resolution Accepting Work on the 1980-2
Public Improvement Program Contained in Contract No. 80-2, Division 2 For
Eastview 1st Addition Improvements , by Roadway.
HRS/jiw
Attachments
CERTIFICATE OF COMPLETION
CONTRACT NO. : 80-2 DATE : December 4, 1981
PROJECT DESCRIPTION :
Eastview 1st Addition Improvements
CONTRACTOR:
Minnesota Valley Surfacing Company
Route 3 Box 120
South Highway 169
Shakopee, MN 55379
ORIGINAL CONTRACT AMOUNT $ 81, 384. 00
QUANTITY CHANGE AMOUNT $ -- 2,660.63
CHANGE ORDER NO, 1 THRU NO, AMOUNT , , , $ 2, 924. 10
FINAL CONTRACT AMOUNT $ 81, 647.47
LESS PREVIOUS PAYMENTS $ 77, 565. 10
FINAL PAYMENT , , , , , , , , , , , , , , , , , , $ 4, 082.37
I , hereby certify that the above described work was inspected
under my direct supervision and that, to the best of my belief and
knowledge, I find that the same has been fully completed in all
respects according to the contract, together with any modifications
approved by City Council . I, therefore, recommend above specified
final payment be made to the above named Contractor.
P ;oNessi• al Engineer
SEMI-FINAL
PARTIAL ESTIMATE VOUCHER
Contract No. E0-2 Partial Estimate Voucher No. 5 Period Ending: November 30, 1981
TO: Contractor Minnesota Valley Surfacing Company
Address Route 3, Box 120, South Highway 169, Shakopee, MN 55379
Project Description Eastview 1st Addition Improvements
1 . Original Contract Amount $ 81, 384. 00
2. Change Order No. 1 Thru No.
$ 2, 924. 10
3. Total Funds Encumbered $ 84, 308. 10
4. Value of Work Completed $ 81, 647.47
5 Value of Work Remaining
5. Percent Retainage $ 4, 082. 37.
$ -0-
6. Previous Payments $ 74,696. 99
Percent Complete
7. Deductions or Charges $ -0-
8. Total78, 779. 36
100 Percent
$ 78, 779. 36
Y
Fayment Due (Line 4 - Line 8) $ 2,868. 11
CERTIFICATE OF PAYMENT
(I, We) hereby agree that the quantity and value of work shown herein is a fair
estimate of the liork completed to date.
CONTRACTOR: - ' . '}
�� � ,` ��.7, •� ' c 'z�� �i . G. , �/il/• (. .. �'%l v `, G /c: t , •< <.
7
TITLE:
DATE: 7/1/ e
AI' 1.07 _ CITY OF SHAKOPEE
r p
Ent; neer Dat-
s' ?2 CIA--
7
IA- -- - V
C' y Administr:for sat-
I
401 PROPOSAL SCHEDULE ,
Co
Eastview 1st Addition City
PROJECT NAME OWNER of Shakopee
TYPE OF WORKRoadway Improvements PROJ. NO. 80-2 SHEET 1 OF 1
ITEM CONTRACT ITEM UNIT UNIT CONTRACT _ ACTUAL_
NO. . ' PRICE QUANTITY AMOUNT
^ Quantity, Tntal
1 Concrete Curb & Gutter B-618 L.F. $ 4.75 4570 $21,707.50 4580 $ 21,755.0C
2 Concrete Valley Gutter'8' Pan L.F. 22.00 132 2,904.00 94 2,068.00
3 6" Class 5, 100% Crushed Ton
5.90 3900 23,010.00 3113 18,366.7C
4 2" MnDOT 2341 Bit. Wear Ton 20.00 1200 24,000.00 1005 20,100.00
5 Black Dirt C.Y. 8.25 650 5,362.50 -0- -0-
6 Seed, Mulch & Fertilizer Acre 1100.00 4 4,400.00 -0- -0-
Extra Work
1 Alley Grading L.S. 1 $ 1,881.50
2 Detention Area Grading L.S. 1 862.50
3 Post & Chain Closure L.S. 1 95.07
4 Tech Drwy. Grading L.S. 1 74.50
Change Order No. 1
1 Bit. Wear Course Ton $ 23.05 200 $ 4,610.00
2 Class 5, 100% Crushed Ton 6.22 457.45 2,845.34
3 Black Dirt C.Y. 9.24 644 5,950.56
4 Seed, Mulch & Fertilizer Acre 1232.00 1 1,232.00
5 ' emobilization L.S. 500.00 1
500.00
6 Additional Grading L.S. 490.00 1 490.00
Force Account Work
Remove & Replace
Curb & Gutter for alleys L.S. 816.30 816.30
TOTAL $ 81,647.47
L '—
RESOLUTION No. 1961
A RESOLUTION ACCEPTING WORK ON THE
1980-2 PUBLIC IMPROVEMENT PROGRAM
EASTVIEW 1ST ADDITION
BY ROADWAY
WHEREAS, pursuant to written contract signed with the City of Shakopee
on July 10, 1980 Minnesota Valley Surfacing, Division of Hardrives, Inc. ,
14563 Johnny Cake Ridge, Apple Valley, Minnesota 55124 has satisfactorily
completed the improvement of Eastview 1st Addition by roadway, in accordance
with such contract.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF SHAKOPEE, MINNESOTA that the work completed under said contract
is hereby accepted and approved; and
BE IT FURTHER RESOLVED, that the City Clerk and Mayor are hereby
directed to issue a proper order for the final payment of such contract in the
amount of $4, 082.37, taking the contractors receipt in full.
Adopted in session of the City Council of the
City of Shakopee, Minnesota, held this day of
19
Mayor of the City of Shakopee
ATTEST :
City Clerk
Approved as to form this
day of , 19
City Attorney
- 10
MEMO TO : John K . Anderson
City Administrator
FROM : H. R. Spurner Pia • • r
City Engineer NI 'Mr"
RE : 1980-3 Public Improvement • ogram
Holmes Street Reconstructs.
DATE : December 31, 1981
Introduction:
Barbarossa & Sons, Inc. , Route 3, Box AH, Osseo, Minnesota 55369, have
successfully completed the work for Contract No. 80-3, Holmes Street
Reconstruction.
Background:
The final contract amount of $1,063,499.30 includes the work specified in the
original contract and that work added by Change Order No. 1 and Change
Order No. 2. Final payment is $5,317.50. This amount represents full and
final payment for all work performed by the contractor.
A detailed account of these costs is attached to the Certificate of Completion.
Recommendation
It is the recommendation of City staff that the final payment in the amount of
$5, 317. 50 be authorized to Barbarossa & Sons, Inc., Route 3, Box AH,
Osseo, Minnesota 55369.
Action Requested :
Adopt Resolution No. 1962, A Resolution Accepting Work on the 1980-3 Public
Improvement Program, Holmes Street Reconstruction.
HRS/jiw
Attachments
CERTIFICATE OF COMPLETION
CONTRACT NO, : 80-3 DATE : December 4, 1981
PROJECT DESCRIPTION :
Holmes Street Reconstruction Project No. 80-3
CONTRACTOR :
Barbarossa & Sons, Inc.
Route 3 Box AH
Osseo, MN 55369
ORIGINAL CONTRACT AMOUNT , , , , , , , , , , , $ 935, 143. 70
QUANTITY CHANGE AMOUNT $ 47, 584.60
CHANGE ORDER NO. 1 THRU NO. 2 AMOUNT , , $ 80, 771 . 00
FINAL CONTRACT AMOUNT $1, 063, 499. 30
LESS PREVIOUS PAYMENTS $1 058, 181. 80
FINAL PAYMENT , , a , , , , , , , , , , , , , $ 5,317. 50
I , hereby certify that the above described work was inspected
under my direct supervision and that, to the best of my belief and
knowledge, I find that the same has been fully completed in all
respects according to the contract, together with any modifications
approved by City Council . I , therefore, recommend above specified
final payment be made to the above npmed 7Cont actor,
4
Professi inal Engi6ee
SEMI-FINAL
000
PARTIAL ESTIMATE VO1i 1II;1 - (
Contract No. 80-3 Partial 1•; ;Uimatc Voucher No. 9 J'f,riud Ending. ovember 30, 1981
TO: Contractor Barbarossa E Sons, Inc.
Address Route 3 Box AH Osseo, MN 55369
Project Description Holmes Street Reconstruction Project
1. Original Contract Amount $ 935, 143.70
2. Change Order No. 1 '1'hru No. 2
---------_—__-- 80,771.00
3. Total Funds Encumbered. $ 1,015, 914.70
4. Value of Work Completed ,$ 1,063,499.30 Value of Work Remaininn
5. 0 5 Percent Retainage $ 5,317.50 $ 0.00
6. Previous Payments $ 1,050,301.41 Percent Complete
7. Deductions or Charges _0_ 100 Percent
8. Total $ 1,055,618.91
Payment Due (Line 4 - Line 8)
$ 7.880.38
CERTIFICATE 0F PAYMENT
rJT
(I , We) hereby agree that the quantity and va l ni. Dr wm t :;liuwn herein is a. fair
estimate of the work completed to date.
CONTRACTOR: e044.,;1.4 1;EV i EWEI BY SHAKOPEE PUBLIC
UT I I, ITIES COMMISSION
hY: t i
(7)(•
APPROVED - CITY OF SHAKOPEE
004M /� 1):11.y
.1*51
C ty Engineer
\
.1111U/ r 41)1' ( f
City 1 •.ninistrator
r'1ro r e.)' /1 ie;111-t;UI_t i
1 • f'Fio.IECT NAME. i.111(.: i ' - - -
.- NN I.i, Ci L7 il%.1:OUr.r,' ,.
iTf'E OF WORKLO7_1U "_;`.'.1:L2 L.' e' ), - --- - --
-- rlr,, ; r.( .- . (;-;r),?_01--- - _ r)IFFT 1
1'1 Ml CONTRACT I I I A l IIN11 I';;1 1 I ______
NU. i
Wat•eITiain I -
',?:. .1.,111 ' 6" G.7- Cl �:! j 1 :.
x')0.00 333 $ 3,996
QI, .u0'1 8" 1:),
L Cl 52 1 I '
.I-
:lJ I''; ,510.00 2329
30,277
;o1, .001 12" DIP, Ci 5• , ; F ','(.. : 1 ,400.00 888
•'.)!,.u 1'+ Fire }iyd rr.ult n:; 1.r..l, '; 13,320
); 1 r O.OU 7 5,600
ve I • I •:,( )r), )() 18 5,400
,` 1 H. , r)0.00 Ii 4,1+0o.
I .i LIP ( ,6(1rJ.o(1 3 1,950.
12 Fittings
; . /Y.1 4 ,6!)0.00 5630 5,630.
! 04.026 Relocate 6" Ca,.evai ve
1 ou.00 -o- -0-
,-),. .6..'6i
0-
�', .6. II }ie.loeat.e Hydrant I ,
• , ' Th I ,. :,.t)(,' 9)7 8,973.
50.. .6:40 LowerWllte1'C:Lill: � .
',. .. , ' . . I i) 1',, ').(Y ) 8 16,000.
5 1'25.00 15 225.
504.601 1" Copper, Common `french LI1.1 .00 204 .e,2144.00 204 2 244.,
-,04.6o1 1" Copper, Separate 'Trence i,}' 111.00 50
700.00 50 700.1
',,04.601 3/4" Copper, Common Trench
1,1'' 10. 101 � 630.40 63 680.1
,.001 3;4" Copper, Seprrr:,LC Trench I , ! .'..)11, I. 6,306.(0 457 6,306.(
„ 1 .6;12 i ,, Corporation H . I'), I' f",u.01, 2 80.(
e''11" I• .0. Ce'1•:,e�ratie`11 M. I
i ' .,, I ')�,.Oo 7 105.0
34 ,t`2 I" Curb Stop & Hex 1:<l. I
0 ,.01 5 325.00 5 325.c
'I4.02;:' 3/4" Corporation F.L.
• •')1'I 16 240.00 16 240.0
,04.622 3/4" Curb Stop & Box ;
• . (, , `. "i25.00 5 325.4
).,.f ':0 };chair FlumeI
1 y,, 1. , ,, ] 984.00 1
984.0
TOTAL ;d:1'i'1;?ii'lr^,iii 92,715.00
107,761.0
_i:ui i t.ary S,.'wer �
.13. 51i 11 Pipe !;ewer, :•:xtra n :1v
1 I
y . . ,.t; ), :s ) �.-e,,6;110.00 1430 22 880.01
',, . '111 ;i" I ;• I '
I r; pc ;':we'r, o-,1 ,060.0(
W. '� IA 5,i1�11,.uo 85 3
J.5' 1 6" Pipe Sewer, 8-10 I.I•
i".i)t, x`11' r
:' '�,rJ(�;.o0 66 2,442.0(
u3.52.1 b" DIP, Pipe Sewer, 10-12 ],F 38.00 x'40 9,120.00 240
9,120.0(:
'03. 511 8" DiP, Pipe Sewer, .12-14 Li. 3').001 209 8,15.1 .00 209 8,151.DC
c3.5-11 6'' DIP, Pipe Sewer, .14-1.6 1,1' 1;0.0..) ('( 3,080.00 77 3,080.0C
e.5:1 10" Pipe Sewer, 0_8 1.F
LqI •ul) i,U ) ,440.00 -0- -0-
13. 511 10'' Pipe Sewer, 8-10 I :. ( ) :1 ,5(J).00 256 i 6,400.0c
• PPOJECT NalE nu7t,c2- 1i(r ` t t. ,:Y•k :t
:1: . t
r :1t, r: ,
1 1I'E OF WORK St•c_r11i wt_t'1 it.i ..,._'' rl1 t. ' 1' r N(`. GG- 1
1-P?_0_ . --_ SHFFT 2
'Tim CONTRACT MIM I I+t:i•I aril r (.'44;11x. r _ _----..
NO. _ ---_---------- 1 f'NI (' I r,UNiIT , /.!
,; dtiUNT -
i 1
Sanitary Sewer (c_,:.; . } —
i
503.5.1.1 10" lipe Sewer, 3 c- i:' ... i f,,I, ., I i.I Sr'
1 ,990.00 1492 $38,79.
`503.5.i1 10" Pipe Sewer 12-]1, l ,- j. 11; 1 ,890.00 132 3,56
503.571 install 4" Outlet >r'y,: .
.I,,r ,'') i x',:;(,0.00 24 1,80!
503. 5'] 1 I Install Coiuiectik•:I ..o Exi.:t ./. .
:Service Line
,,Y;H.00 61 7,321
,•00 533 C. iist.t•u.:t, NI!, Jha;...*l l' :;t 't:. . I '
1
:-.C(..508 (:enstruct PIH , Ani' 1 i;�•l�t.h I). ' 1.'j I 1 ,360.00 37 2 96(
i ,
506. 508 Construct PIH, Drop Seet.;t,rl:. .i . I , H. ,,- ! ( 6,;+00.00 8 7,20
;06. 508 Construct PIH, Adel i)'`pt.}, or I
Dro
. •p
1�(;U.r".) 2.11 21
',. 3. 511 6" PVC Pipe Sewer, 0._8 I 1 '
511 c," Extra lIe..;y t l I,,. .cxc . j i. i . : ,t):0.00 1901'520 I
I E,',3cy-__ 870 16,53
•
TOTAL SAN1T,l8l SEWER
148,266.00 145,430
Storm Sewer
105. 515 Unclassified Excavation cy 6.(A) �.
J65 ,
� ,320.UO 165 1,320
151 . 50.1 Structure Excavation, CL h 5. if)i ,')( 55,04":;.00 2853 54,207
.0.1 .!)0..' C Th t'l't.t.' , Mix N.'. ii0i';,\ I :'
��
p 1 , I)�).�-),I 1 t.)u0.uo 1. 25,000
• 51 . 13" C Pipe ,
0Sewer, 0-3, CI I I ' :
`,()? I , "i,r)()4 .00 413 9,499
03.511 21" ilC Pipe L;ewer, 0-8, Cl Ili I i•' .(J
503• i 24" 8C Pipe Sewer, 0-8', Cl I i:I LF
. ) ,596.0u 52 1,560.
;-03.511 36" FC Pipe Sewer I,I'' 51.01 42 x-,142.00 42 2,142,
:03.511 42'' fiC Pipe Sewer, -8 C? 11I . . ,
'� � (,�.r)•,� ,;) ;,r'.,o.OU 80 5,200.!
',,,y3. 5:1,3 42" HC Pipe Sewer, Z- 1( ,Cl In, ! :
(6.0r150 � -
�3. ,11 J, ,�(
)0.0� 0 -0-
, , , 1i8" 1 C Pipe Sew,'r, C-ti Cl 11 . ., i t,i; ,I n8 7:::,9611.00 81{9 57,732.
`,03. 511 48' 80 Pipe Sewer, 8-10,
Cl ill . P A 73;: u u,508.00 970.5 66,964.
')3. '- . 1 co" liC Pipe Sewer , 0-8, Cl iii I,I' ;' .,,'pI 181 J8,281.00 0 -0-
3:,. 11 ( 0" t,C Pipe Fewer,: , t'- !t; Cl III I 1 " !;, ,
`,3. ,1 • , ! ,I 1'(7 i6,o51+.OU 358 5 36,567.
_ HC Pipe Arch Sewer, 0-8
Cl MA 1 1,1'' 1 r,0.ut)i 20
1 J, IUU.00 23 4,140.'.
03. 5:?1 88" 8C Pipe Arch Sower, 0-8
Cl IIIA I,!•' I cf . ;I I !')j
- •s(,635.00 1224 ,375.(
.;0:',.521.; 88" 8C Pipe Arch Sewer 3-10 i
Cl ] Iln 1
.';.�O.!, ' .'!: 1 'i'4 ,,'00.00 1158 91,600.
:'J_i. 521 83" HC Pipe .Arch :;ewer, 10- ..'
Cl 11TH !,.r I :T,5. I ') 11:),795.00 232 I 47,560.0
-,-
PRO1'( ',,•,I `,CIWOUI.E
• t PROJECT NAME li Ji : .'t. 't ,'(!r;. •'
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r1: rr (w: ai N City or ,
rl.kopec!, MN
TYf'E OF w 0 R K _Storrn_ ' w ,}1, Y_t. •
HIM CONTRACT ' Tim I w1t1 ( o!,11 (.(airvn( ; —_--. ---__j
Na I'I'I',I 1 11,,NIIIV AMr,IjN1 - -- • ----
Sturi:t Sewer (cont. ) I I --
l)_i."'I 68' NC Pipe Arch :i(wer, 1 _'-1}1 I I I
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0,000.00 -0- -0-
'.0":,. ;.71 install 88" BC 1'ijle Arch, li
piece Bend 1.;:,1.. I (1').;. 2
I6,000.00 1 2 16,000.0(
3. • ]n tail 38" NC 1'iI ,. Arch by
48 RC Pipe Bed1.,:er .. . . 1 :., ,:u . . ; I !,,;00.00 1 3,500.00i
;8 ( ,,:Is±rust ME, h. sib;:, Te(.,
63' BC Pipe Arch ai:,},e,:it•i( u I I
Side Outlet I . . ) I 7 ,L4)u.00 2 7,200.00
1
5C6.506 Construct ;•;H, Derigr J , Tet'
48 Pipe w/twc,-42" Outlet A. I
int:, -1+2" 900 .i i
1 -_.;,,r,,(,.00 1 3,000.00
,_. ;,��i i'on;.t rl:•'t �•4', •�'- w; . ( :it'rt• 1 1
l;. ((,,;.C)'v L 1,600.00
?C0.:,0d Cunstruet Manhole
= I - • • - - 5 r. ,5,)0.00 4 4,400.00
:„oc ')J9 Construct Catch lin:... ,•.. 1•;r,. l :0 9,300.00 11 9,900.00
03.511 Install Pipe Sewer Li' ..U , I
112 1,120.00 112 1,120,00
TOTAL STORM Sr',;vi:i; 480,918.00 474,586.50
1 1 ,:.'!ut).0(1 1.11 2,800.00
) y65.00
:(il i�:a
5J1 'ioce Pipe Culvert II, 4 .01 3l 3,145.00
} 561 2,244.00 867 3,468.00
10•+ .,•J 1 Eemove Curb & cut terl,i'' 1.5(1 671,6 10,119.00 6481 9,721.50
iol..`,03 i:e:tuve Sidewalk 01 r.,.; 1 ",,,''-;0 5,046.00 6,396 5,279.20
Ji, . ;,05 :.e::c,ve Pavement I :Y,' ' .l;O ,'', ,503 9,801.20 '6,630 10 652.00
::) 50-1 CJr,-en i x,:avat.ion j (.1
1 5 ,y:-,,h 25j:176.00 13,578 20,367.0o
j;_'3 Cora::r:. F, : rOw ) '
`-' ,'(;'5 I'),155.0O 562 2'135.60
' :• ' ' .;i.,470.00 ' 2,251+ 45,952.50
. .4 .i.indcr Course
l0 x,01 ;—,h8 38 742.00 2414 39,831.00 1
''t1J l‘',•rrr'.i r,;: Cour:;e
:1).(J! .1,5i, 53,080.00 2606 52,120.00
i:,.1 . ;b iii t. Mix for PatchinC, 'i'on 32.03 376 12,032.00
..'1 . ',Ol 4" concrete Walk376 12,032.00
`'F I .:::0 , ' ,1+80 28,176.00 4,340 29,208.00
-2 . 5u1 Concrete Curb & Cutter Li.' j, •0,) .176 ;27,:1r;4 .UU 7971 31,884.00
. ')l •i 0" (.0tl,.':•t.'tt' Dr\'t`1::lV i':l';, ;:1('n L ��( • '1' ) !
• it 6, : ;3.00 1000 22,000.00
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PROJECT NAME 11031rie.f; It.rf..e_.4, I.:cf. ii;••,:•1; •I r,r1 .,:',7;:f R ::i ty :ir ;),lakopee,_
• . • !_6± 192_-03.______
,_ .;____.);________i•
.
• T WI OF WORK $1,011 :.%:wvil,. .et..(.:...,. .,..• : :-..r111,.).: r, pp, j r 0 .P.
004
_ . ___ . _____.... . _______-_. .-....
ITEM CONTRACT IT I'm ,INM ' ;)„: 7
NO. . r NI 1 ..,:t.t:1, rY , Am o)1'JT
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Nuadway (cont. )
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, 35)7 8" Concrete Drivcw .4y : ..,.r; ' 30.00 -0- W
,
;31.507 10" Concrete Cros6part !:;waie 5 4,000.00 5 4,00o.oc
,
505 Sodding
,
. ) ! r,J5 :...,7,()9(.. 5o 0,240 19,456.0
1
"13"..AL HOADWAY p83,166.70 314 ,051.61
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Wntermaitt
92,715.00
C,.t.stitttry Sewer
, : , :.!:, Si•wor
148,266.00
:118.00
107,76
145,430.0(
8o,9
474,586.5(
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I83, !.68.70 314,051.8(
IITOTAL CONTHACT 1,005,067.70 1,041,829.: !
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/ CITY SHAKOPEE •
INCORPORATED 1870 ss „: ,..4. »:° .> #,. ,»;,,, � ,.; i► ,:.
129 E. First Ave. - Shakopee, Minnesota 55379 (612) 445-3650
Ilv'YAC 1
September 28, 1981 s,c :
Mr. C. E. Weichselbaum, P.E.
District State Aid Engineer
Minnesota Department of Transportation
2055 North Lilac Drive .
Golden Valley, Mn 55422
RE: Proposed Supplemental Agreement No. 1
Reconstruction of Holmes Street SAP 166-102-01
Dear Chuck:
Pursuant to our discussion, I attach proposed Supplemental Agreement
No. 1 together with this justification for the negotiated prices.
Two elements of work are included in the proposed Supplemental Agreement.
One is the reforestation of Holmes Street to replace trees removed in the
above-referenced contract and the con:;truction of structural steel incorporated
in a part of the storm sewer system which is also an element of the above-
referenced contract.
The reforestation was not originally included in the above-referenced
project. After viewing the affects of tree removal for roadway construction,
it is recommended that reforestation be included and that two trees for each
tree removed be included in the contract. Fourteen trees were removed as a part
of the contract and, therefore, it is recommended that 28 trees be replaced.
The City plans to place a total of 53 trees and understands that 25 will be
replaced at the City's cost.
The estimated cost of material for this work is $995.29. There is an
estimated 32 manhours of work to plant the 53 trees or approximately 17 manhours
to plant the 28 trees covered by State Aid. The estimated cost of labor and
equipment is estimated to be $418.60 for the 28 trees. All of this work would
be performed by a sub-contractor and no allowance has been made in these
estimates to compensate the prime contractor for administrative costs.
The Heart cf Progress Va11cr,
An Equal Opportunity Employer
ti.• ..gC. E. Weichselbaum September 28, 1981
.,-,i:� Proposed Supplemental reement No. 1
a� -� Page -2-
!OV
The second element of work includes the construction of a bridge plate
and hand railing installed on a flume at the discharge of the storm sewer
constructed as a part of this project. The hand railing is necessary because
the wall that forms the flume is more than 4 feet high. A bridge plate is required
because the flume cuts across a trail and that trail is used in the winter time
by snow mobiles and cross-country skiers and during the summer by pedestrian
traffic. . '
The contractor proposed to do the work for $4,970.00. There is approximately
2515 pounds of structural steel. The proposed amount is less than $2.00 per pound
and, therefore, is judged to be a reasonable price.
The Supplemental Agreement approved by the project engineer and accepted by
the contractor is hereby transmitted for your approval.
Should you have any questions regarding this matter, do not hesitate to
call.
Ver tr } yours,
�c t
i. R. S ' r
City En Alee
HRS/jiw
Enclosure: Supplemental Agreement No. 1
Tables 1, 2 and 3
3 copies of Sheets 2a, 15, 16, 17 of 17
dr
5526—BANN DIVISION,S'i'IIART ttoOPER co.,...,4.
A1n/DOT 2134(5-78)
r STATE OF MINNESOTA DEPARTMENT OF TRANSPORTATION Supp. to Contract No.
o. 1
•
SUPPLEMENTAL AGREEMENT
Sheet 1 of 1
Contractor Fed.Project State Project No.
Barbarossa & Sons _ _ SAP 166-102-01
Address Location
Osseo, MN 55369
This contract is amended as follows:
o
j.-0 1. Article 2 of the Contract shall be amended, as follows:
o
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m.5 The Drawings shall consist of 18 sheets numbered Sheet 1 through 17 of 17,
--0Catalogue Number ST-80-010, by adding Sheet 2A, 15, 16 and 17.
rtc) The above-mentioned sheets provide details for the construction of structural
r.1 steel, the reforestation of Holmes Street and landscaping Second Avenue.
go The prices are specified in the transmittal memorandum.
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Pro.No. Account I.D. Organization F.V. Requisition No. Vendor Number Type Terms Source S.Act. Task S.Task
Cost,Job or Client Code Amount Suffix Object
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SEND
TYPE OF TRANSACTION
Entered by
A40 A41 Date —TvuniTier
_ Entered by _
A44 A45 A46 Date Number
APPROVED: Original Contract
Commisswner of Administration Dated (�- __ 19 1k/ 4ilet
tiO-
Approv-d by 'roj c Eng%r or Architect
Dated 19
lid _ Accepted by Contractor
Approved as to form and execution Dated 19
1?.Ited - — — District Director
HOLMES STREET REFORESTATION
2nd Avenue to 10th Avenue
Table 1
State Aid Share
Description Quantity Materials Labor Total
Sugar Maple 5 $168.00 $ 74.75 $ 242.75
American Linden 8 322.96 119.60 442.56
Littleleaf Linden 12 413.04 179.40 592.44
Hackberry 3 91.29 44.85 136.14
TOTALS 28 $995.29 $418.60 $1,413.89
Table 2
City Share
Description Quantity Materials Labor Total
Green Ash 16 $428.80 $129.20 $ 0
Hackberry 9 273.87 134.55 408.42
Woodchip Mulch & Fertilizer 74.91
TOTALS 25 $777.58 $373.75 $1,151.33
Table 3
Summary and Administrative Cost
State Aid Share $1,413.89
City Share 1,151.33
Subtotal $2,565.22
15% Contractor's Administrative Cost 384.78
TOTAL $2,950.00
CHANGE ORDER
Change Order No. : 1 Project Name: Holmes Street Reconstruction
improvement District 80-3
Date: January 12, 1981 Contract No. : SP#166-102-01 Imp. #80-3
Original Contract Amount $ 935, 143. 70
Change Order(s) No. thru No. $
Total Funds Encumbered Prior to Change Order $ 935, 143. 70
Description of Work to be (Added/MX-WAX
See Attachment
The above described work shall be incorporated in the Contract, referenced above,
under the same conditions specified in the original Contract as amended unless
otherwise specified herein., Any work not 'so specified shall be performed in accordance
with the Standard Specifications adopted by the City of Shakopee, Minnesota.
The amount of the Contract shall be (increased/W4i i gdc) by $ 67,021. 00
The number of calendar days for completion shall be (X#dtixe6.4 /}Q K aWnc by No Change
Original Contract Amount $ 935, 143 . 70
Change Order(9c) No. 1 thru
4 _ $ 67,021. 00
Total Funds encumbered $1.002 .164 . 70
Completion Date: No Change
The undersigned Contractor hereby agrees to perform
the work specified in this Change Order in accordance
with the specifications, conditions and prices
specified herein.
l REVIEWED BY :
Contractor ?" (' -�-e z� F .y!
Shakopee Public Utilitites :
By: A
Title: J• 7-)., �.1�-
/
Date: lc / "y / 7 b'/ Man er Date
ARP OVED p RECOMME DED:
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ity . g n •er \ - -i)ata
APPROV !: City of Shakopee on 2/17/81.
By: ,-25% ." :/7
Mayor , � Date
// / j Approved as to form this ;?6– day of
City A. 'inistrat. Date — 19k- I.
Ci Clerk Date
City Attorney
ATTACHMENT
' Change Order No. 1
SANITARY SEWER
Item No. Contract .Item Unit Unit Price Quantity Amount
2503.511 8" D.I.P. Pipe Sewer, L.F. $38.00 240 S 9,120.@0
10 - 12
2503.511 8" D.I.P. Pipe Sewer, L.i' . 39.00 209 8,151.00
12 - 14
2503.511 8" D.I.P. Pipe Sewer, L.F. 40.00 77 3,080.00
14 - 16
2503.511 8" PVC Pipe Sewer, 0 - 8 L.F. 8.00 190 1,520.00
2503.511 6" Extra Heavy C.I. cJUe L.F. 19.00 870 16,530.00
Sewer
Sanitary Sewer Subtotal $38,401.00
STORM SFWEIF
Item No. Contract Item Unit Unit Price Quantity Amount
:503.511 36" R.C. Pipe ;fewer L.F.1 . $5 1 .00 112 $ 2,142.00
2503.511 Install Pipe Sewer L.F. 10.00 112 1,120.00
Storm Sewer Subtotal $ 3,262.00
WATERMAIN
Item No. Contract Item Unit Unit Price Quantity Amount
504.601 14" Copper L.F. $15.00 15 $ 225.00
504.601 1" Copper, Common Trench L.F. 11.00 204 2,244.00
504.601 1" Copper, Separate Trench L.F. 14.00 50 700.00
504.601 3/4" Copper, Common Trench L.F. 10.80 63 680.40
504.601 3/4" Copper, Separate L.F. 13.80 457 6,306.60
Trench
5014 .622 1;" Corporation Ea. 40.00 2 80.00
504.622 1" Corporation Ea. 15.00 7 105.00
504.622 1" Curb Stop & Box la. 65.00 5 325.00
•
Attachment (continued) Change Order No. 1
O
Item No. - Contract Item Unit Unit Price Quantity Amount
504.622 3/4" Corporation Ea. $15.00 16 $ 1140,00
504.622 3/4" Curb Stop & Box La. 65.00 5 325.00
504.650 Repair Flume L.S. 984.00 1 984.00
Watermain Subtotal 12,215.00
Sanitary Sewer Subtotal $ 38,Ia01 .00
Storm Sewer Subtotal 3,2.62.00
Watermain Subtotal 12,215.00
TOTAL $ 53,878.00
Pursuant to Article 8 of the General Specifications Estimate of Quantities,
the quantity of "lower watermain has exceeded" reasonable limits and shall be
increased to $2,000.00 for each and the number of units increased to 8 each.
ROADWAY
1) The quantity of 2341.508 Wearing Course shall be increased to
2,•654 tons with no alteration in unit price.
2) The quantity of 2341.518 Bituminous Mix for Patching shall be
decreased to 376 tons with no alteration in unit price.
3) The quantity of 2331.514 Binder Course shall be increased to
23148 tons with no alteration in unit price.
CHANGE ORDER
Change Order No. : 2_ Project Lame: -Holmes Street Reconstruction
Date: July 2 , 1981 Contract No. : 80-3
Original Contract Amount $__935,143 . 70
Change Order(s) No. 1 thru No. $ 67 ,021 .00
Total Funds Encumbered Prior to Change Order $1„002 ,164. 70
Description of Work to be (Added/Eetcte.4):
(See attached)
The above described work shall be incorporated in the Contract, referenced above,
under the same condition:, specified in the original. Contract as amended unless
otherwise specified herein. Any work not so specif'iyd shall be performed in accordance
with the Standard Specifications adopted by the City ( f' Ohakopee, Minnesota.
The amount of the Contract shall be ( -i ncreasud/d.«+ -er+) by $ 13 , 750.00
The number of calendar days for completion shall be ( increased/decreased) by 0 .
Original Contract Amount $ 935,143 . 70
Change Order(s) No. 1 thru 2 $ 80,771 .00
Total Funds Encumbered $ 1 ,015 ,914. 70
Completion Date: May 15, 1981
The undersigned Contractor hereby agrees to perform
the work specified in Chic Change Order in accordance
with the specifications, conditions and prices
specified herein.
Contractor: 00,c4..c,.,��d-,- .L S'0,-....
By: 1 -cam .-"A-d-e. .,
Title: S, . �7"-
Da.te: - j›._ s_!-1 _ -- ----
AFFI ) ED ► I • . ENDED:
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C. Ly P.nginec. )aL
APPROVED: Cit of Shakopee
By: �i_'hJ� l(i�fh
Mayor T Date
t Approved as to form this -/ day of
pity A inist a r Date --
-- I & K. - . -it/et ".„- 1,__ c-3 7
C ty Clerk Date - tP
Vtc �� City Attorney
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RESOLUTION NO. 1962
A RESOLUTION ACCEPTING WORK ON THE
1980-3 PUBLIC IMPROVEMENT PROGRAM
HOLMES STREET RECONSTRUCTION
WHEREAS, pursuant to a written contract signed with the City of Shakopee
on July 11, 1980, Barbarossa & Sons, Inc. , Route 3, Box AH, Osseo, Minnesota
55369 has satisfactorily completed the improvement of Holmes Street by roadway,
storm sewer, sanitary sewer and watermain in accordance with such contract.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF SHAKOPEE, MINNESOTA that the work completed under said contract
is hereby accepted and approved; and
BE IT FURTHER RESOLVED, that the City Clerk and Mayor are hereby
directed to issue the proper order for the final payment of such contract
in the amount of $5, 317. 50, taking the Contractors receipt in full.
Adopted in _ session of the City Council of the City
of Shakopee, Minnesota, held this day of
19
Mayor of the City of Shakopee
ATTEST :
City Clerk
Approved as to form this day
of , 19
City Attorney
``\�.0icr,; CITY ® F SHAKOPEE
, , ,�„
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•,0,,,l '• 129 Fast First Avenue, Shakopee, Minnesota 55379 1
.euso�.
MEMO
• John Anderson
TO:
FROM:_ LeRoy Houser.
SUBJECT: Corner Lot Assessment
DATE: December 15 , 1981
Introduction:
As you requested , my memo , recommendation and reasoning for changing
the corner lot assessment policy.
Background :
As you know, the policy for assessment of corner lots is to assess the
front and 50% of the side lot . I have had discussions with the City
Engineer on this policy in the past and he has agreed with me on the
following:
1 . The entire subdivision or block uses the corners .
2 . Due to the setback requirements on corner lots , the
utility or actual frontage area that can be built
on fronting the street is reduced.
3 . The corner lots in most of our subdivisions are
usually the last to sell , case in point , Gene
Brown' s subdivision on 10th ( Eagle Bluff 2nd) .
4. The assessments for corner lots are 50% higher
and the benefit as assessed cannot be proven in
court .
5 . Should sidewalks be mandated it would require
twice as much work to clear them.
Based on numbers 1 through 5, it is my opinion that corner lots are
not benefited fifty percent .nore then inside lots .
Recommendation:
Change corner lot assessment policy to spread corner lot assessments
over the entire subdivision or over total block.
Recommended Action:
Direct staff to prepare proper resolution changing corner lot
assessment policy to spread corner lot assessments over the entire
subdivision or over total block.
LH: cu
MEMO TO: John K. Anderson
City Administrator
FROM: Don Steger
City Planner
RE: Minnesota Valley 6th Addition
DATE: December 28 , 1981
Background
The Minnesota Valley 6th Addition received final plat approval
from the City Council on May 19 , 1981 . The Subdivision
Regulations provide for a 180 day period in which the plat must
be recorded with the Scott County Recorder. This recording has
not occurred , even though final approval occurred over 72 months
ago. The developer, Dick Wiggin, has been informed of the
recording deadline and has not indicated his reasons for not
meeting the deadline . The City Code states that the City Council
may rescind final plat approval .
Alternatives
1 . Rescind final plat approval and require the subdivision to
be reviewed again by the Planning Commission and City
Council . Any changes in conditions would then be considered.
2 . Do notrescind final plat approval based on comments presented
by Dick Wiggin at the City Council meeting. A new deadline
may then be established.
Action Requested
Choose one of the alternatives either to rescind or not rescind
final plat approval .
DS/jiw
TO: Mayor and City Council
FROM: John K. Anderson
RE: Annual Up-dating of City Code
DATE: December 24, 19.81
Introduction:
Three years ago the City contracted with Municipal Ordinance Codifiers ,
Inc . to recodify its Ordinances . That recodification was completed
and the City is now completing a codification of Ordinances passed
since 1978 . This three year update has cost $3 ,803 . 75 plus $684 . 60 in
printing costs or about $1 ,200. 00 per year plus printing. The cost of
this update was not budgeted for 1981 , although it can be handled in the
' 81 budget .
Problem:
The City must have up-to-date code books to operate properly and a
three year period is far too long to wait for an update. At least one
of the three years between updates can be attributed to City staff ,
myself included, who struggled to make sense out of contradicting
ordinances and had a tendency to treat the updating as a low priority
item.
Policy and Procedure :
There is no question that the City needs an updated City Code . The
question is how frequently it should be done and how best it can be done.
It is my experience , and the City Attorney concurs , that one year is
the absolute maximum length of time that should be allowed before up-
dating. Administratively, staff would like to establish a procedure
under which we send all Ordinances to the Codifier quarterly so that the
annual update is done in four manageable doses .
Contract :
To regularize the procedure for updating the Code and to budget for the
updating , staff proposes that we enter into an "annual updating" contract
with Municipal Ordinance Codifiers , Inc . at the hourly rates proposed
( see attached letter) . The Codifier estimates that by handling the up-
dating quarterly the City can cut its updating expenses in half because
there is no "revising of revisions" .
Alternatives :
1 . Unstructured periodic updating.
2 . Regular updating every two years .
3 . Annual updating with Ordinances sent to the Codifier quarterly.
t4. sj
ii
[-, Annual Up-dating of City Code L-
Page -2- f�
December 24, 1981
Recommendation:
�lx:
' •= It is the recommendation of the City Attorney and City Clerk and City
Administrator that Council select Alternative #3 . As the City Attorne
Y.� so concisely stated it , without an up-to-date Code it is nearly im-
possible to have confidence when citing a specific section of the Code:
and , we have experienced the revising of revision with our problem
with Ordinance 20 and 55 .
Action Requested :
"' ' al Authorize to the appropriate City officials to enter into a 1983 contra
with Municipal Ordinance Codifiers , Inc . at $85 .00 per hour for counsel.
$45 .00 per hour for codifier, and $20 .00 per hour for typing revision
pages for quarterly updating the Shakopee City Code .
tilifti JKA: cu
14-40
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MUNICIPAL ORDINANCE CODIFIERS, INC. /1
SPECIALISTS IN CHARTER REVISION AND 7400 Tyndale Avenue South
ORDINANCE CODIFICATION EXCLUSIVELY
FOR MINNESOTA GOVERNMENTAL UNITS Minneapolis, Minnesota 55423
Area Code 612
869-2403
December 22 , 1981
Mr . John Anderson
City Administrator
129 East First Avenue
Shakopee , MN 55379
Dear John :
Enclosed is the itemization you requested in our telephone conversa-
tion. Note that the time is broken down into units, each unit being
one-fifth of an hour . No charge is made for initially typing revi-
sion ordinances . As we discussed by phone, and previously in person,
this revision was accomplished in an extremely expensive and ineffi-
cient manner . When a single revision is permitted to drag on for
such a long time the costs inevitably get out of hand, and the Code
is obsolete much of the time. Fortunately, you and Judy put it on
track or it would have been even worse .
Invariably, frequent up-dating can be accomplished at a fraction of
the overall cost of sporatic or infrequent maintenance , and with the
added benefit of Code reliability. When you folks were in our office
we discussed a few simple rules to follow to accomplish efficiency
and reliability. First, and Judy took notes as to this, please use
a format for amending ordinances similar to that of the revision
ordinances we prepared for you. Secondly, forward these ordinances
to us quarterly for examination and typing revision pages. In the
event we have any comment as to such ordinances, we will report when
revision pages are forwarded. Thirdly, we should annually hold a
brief revision conference with you as to legislative enactments,
Court decisions , and any problems you are experiencing to which we
may have a solution.
To give you a firm dollar fee for our maintenance service , we would
have to second-guess the activities of the Legislature, the Courts,
and the Council, and also anticipate current problems . We have found
this impossible to do with any degree of accuracy. Rather , we would
propose to charge you for the 1982 maintenance work that we actually
performed for you on the basis of $85 . 00 per hour for counsel, $45 .00
per hour for codifier , and $20 .00 per hour for typing revision pages.
As with the current billing, no separate charge will be made for typ-
ing revision ordinances prepared by us . If the maintenance rules
stated above are followed , we anticipate very little time of counsel
would be necessary for the quarterly revisions . Such fees would , for
the most part, be confined to the annual revision conference .
RECEIVED
DEC 2 4 1981
CITY OF SHAKOPEE
l �
Mr . John Anderson -2- December 22, 1981
For your information we are now using a word processor with print
very close to, if not the same as, your current Code. Hopefully,
this will make for even greater efficiency on our part.
If we can be of any further assistance to you or the Council in
understanding or effecting the proposed procedure and cost saving,
please do not hesitate to call upon us.
Very truly yours,
MUNICIPAL ORDINANCE CODIFIERS, INC.
- 41111P
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Rodge - E. -nsen, Counsel
REJ/ag
Encl.
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MUNICIPAL ORDINANCE CODIFIERS, INC. 7400 Lyndale Avenue South
SPECIALISTS IN CHARTER REVISION AND
ORDINANCE CODIFICATION EXCLUSIVELY Minneapolis, Minnesota 55423
FOR MINNESOTA GOVERNMENTAL UNITS Area Code 612
869-2403
December 23 , 1981
City of Shakopee
Shakopee , MN
ITEMIZED STATEMENT
Units
Attorney Codifier
1979
10-16 Review Code , ordinances ,statutes 15 15
10-17 Conference in Shakopee 26 26
10-18 Review zoning ordinance 13
10-19 Review conference notes , Charter
amendments 13
Correspondence to City Adm. re Ch.
4 and revisions to Ch. 4 7
10-22 Phone conference - City re zoning
and sign ordinances , and review 7
11-5 Phone conference - Bldg . Inspector
11-6 Review State Building Code and Ch 4 5 5
1980
1- 30 Draft revision ordinances 8
3-19 Draft revision ordinances ( 4 ,5 ,6) 15
3-31 Draft revision ordinances 10
12-1 Phone conference - City , and draft
Ch. 1 & 2 ordinances (City Clerk) 3 4
1981
1-8 Phone conference - City Attorney
Draft new rev. ord . - Ch. 5 3 4
5-19 Review adopted ordinances #33-60 3 5
Conference - City Adm. & City Clerk
& review add ' l ordinances 5 8
6-5 Review of Sec. 6 . 24 & Ord . #55 3 3
6-8 Draft Sec . 6 . 24 & Ch.6 ordinance 5
6-18 Correspondence - City & City Atty. 3
Draft memo re Chapter 6 5
8-11 Editing adopted ordinances for in-
clusion into City Code 15
10-20 Conference - City Adm. & City Clerk
Review Ch. 6 ordinance 13 18
10-22 Correspondence - City, and further
review of Ch . 6 and 10 10
10-21 Review Chapter 6 & 10 ordinances 5
11-24 Editing adopted ordinances for in-
clusion into City Code — 15
•
79 216
C/
tiPage 2
Attorney: 79 units @ $17 . 00 $1 ,343 . 00
Codifier : 216 units @ $ 9 . 00 1 ,944 . 00
Typist :
Zoning ordinance: 61/2 hrs. @ $19 . 50 $126 . 75
Code revision pages : 20 hrs . @ $19 . 50 390. 00 516 . 75
TOTAL $3 ,803 . 75
J IJ
MEMO TO: Mayor and City Council
FROM: John K. Anderson, City Administrator
RE: 1982 Farm Leases
DATE: December 28 , 1981
Introduction
The City has been leasing two separate parcels of land to Norbert
Theis and William Hauer since the City has owned the land. the
Farm Leases are annual agreements that have to be approved by City
Council .
Background
In early 1981 when Council considered the renewal of the same leases
Council asked staff to investigate the rental prices the City was
receiving to determine if they were competitive. After checking
with the County Agent and computing the taxes paid, it was determined
that the rental fees charged were competitive . For this reason the
lease agreements are identical to the 1981 leases with one exception,
the lease with Norbert Theis will now be with Larry Theis . Both Mr.
Theis and Mr. Hauer wish to renew the leases for 1982 .
Alternatives
1 . Approve the proposed leases .
2 . Disapprove the proposed leases .
3 . Modify the proposed leases .
Summary and Recommendation
City staff has had another farmer indicate some interest in the
leases , but the timing to consider a new leasee is poor. To properly
handle such a request , the City should receive proposals in the fall
of the year before any fall plowing and fertilizing have been done .
Therefore , I have indicated to both Mr. Theis and Mr. Hauer that
the City would probably be seeking proposals for the leases in
September of 1982 rather than automatically renewing them as in
prior years .
Given the need to formally seek proposals if a change is proposed,
I recommend that Council renew the current leases and seek proposals
for 1983 in the fall of 1982 . The current language in the agreements
includes procedures for changing leases in the fall for the up-coming
year.
Action Requested
1 . Approve the 1982 Farm Lease between the City and Larry Theis
for 18 acres in the southwest corner of the NW1/4 SW1/4
Section 12 Township 115 , Range 23 , and authorize proper City
officials to execute same .
1982 Farm Leases / �
Page Two
December 28 , 1981
2 . Approve the 1982 Farm Lease between the City and William Hauer
for Government Lot 1 in Section 31 , Township 116 , Range 22 and
Government Lot 1 Section 32 , Township 116 , Range 22 , and authorize
proper City officials to execute same .
3 . Instruct staff to seek proposals in September of 1982 for said
farm leases rather than automatically renewing them in January.
JKA/jms
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CITY OF SHAKOPEE, MINNESOTA
FARM LEASE
THIS AGREEMENT is made and entered into by and between the City
of Shakopee , Minnesota , and William Hauer , 706 Apgar, Shakopee ,
Minnesota, hereinafter referred to as LESSEE.
WITNESSETH: The City and LESSEE, in consideration of the rents ,
covenants and agreements herein contained and reserved, do hereby
agree each with the other as follows :
1 . The City grants and the LESSEE accepts a Lease of the
following described premises in Scott County , Minnesota ; to wit ;
Government Lot 1 in Section 31 , Township 116 , Range 22 and
Government Lot 1 in Section 32 , Township 116 , Range 22.
2 . The LESSEE agrees that it will not sublet , assign, or in
any manner transfer any part of his interest in the premises with-
out the prior written approval of the City.
3 . Use of the Premises :
3 . 1 It is agreed that LESSEE shall not use the premises
for any purpose contrary to any federal , state or
local , law, rule , or regulation.
3 . 2 The subject premises shall be used only for the
purposes of : Agricultural cropping.
4. As rent , the LESSEE agrees to pay the sum of not less
than $250.00 , and not more than $500 .00 prorated with crop loss
due to flooding. The amount due payable on, or before , November 15 ,
1982 .
5 . The LESSEE assumes by this agreement all risk of personal
injury of , or death to himself , his employees , customers , invitees ,
licensees , family or guests which on or about the leased premises ,
and agrees to save harmless the City of Shakopee for all claims ,
suits , costs , losses , damages and expenses arising out of such
injury or death.
6 . The LESSEE assumes by this agreement all risk of injury on
the property to himself , his employees , customers , invitees ,
licensees , family or guests which on or about the leased premises ,
and agrees to save harmless the City of Shakopee for all claims ,
suits , losses , cost , damages and expenses arising out of such
injury.
Farm Lease Agreement Page -2-
7 . The LESSEE agrees to maintain the premises , including the
control of noxious weeds in the entire 63 acres as required by
law or regulation at his expense, and to maintain any and all
buildings and their .appurtenances on the subject premises .
8 . Payment of taxes or assessments levied upon the premises
during the life of this agreement shall be the complete responsi-
bility of the LESSEE and shall not be considered as a portion of
the rental herein involved. The LESSEE further agrees that if,
after this agreement has expired or has been terminated, a tax
or assessment is levied upon the premises , LESSEE shall pay that
portion of the tax or assessment which corresponds to the portion
of the taxation or assessment period in which this agreement was
in effect . LESSEE shall be responsible for taxes due and payable
on January 2 , 1983 .
9 . The LESSEE convenants that he will , at the expiration of
this agreement , return the premises and any building and appurten-
ances thereon to the City in the same condition excepting normal
use and damage by the elements , and agrees to assume all respon-
sibility for damage to the leased premises which result either
directly or indirectly from his occupancy or control .
10. If at any time during the life of this agreement the LESSEE
violates any condition thereof, the City shall give written notice
to the LESSEE setting forth the activity or omission by the LESSEE
which is in violation of this agreement and further gives LESSEE
thirty ( 30) days to remedy said breach.
10. 1 In the event that the LESSEE fails to remedy said
breach within thirty ( 30) days of notice by the
City the City may terminate this agreement and the
LESSEE shall relinquish possession of the subject
property immediately.
10 . 2 LESSEE shall remove its equipment and implements but
all crops on the subject property shall be the
' property of the City.
11 . The City and the LESSEE agree that the City may sell the
subject premises at any time , but the LESSEE shall be permitted to
tend and harvest any and all crops on said land before relinquishing
possession of the subject property.
12 . This agreement shall take effect on January 31 , 1982 , or
when all necessary signatures have been affixed, whichever occurs
last , and shall remain in effect until December 31 , 1982 , or until
terminated under Articles 9 and 10 of this agreement , whichever
occurs first .
Farm Lease Agreement Page -3- tlCL
13 . In the event that the crop land is leased out to a new
tenant for the 1983 crop year the new tenant shall have the
right to fall plow, in 1982 , any of the fields where the crops
have been removed. •
In witness whereof said LESSOR and LESSEE have hereunto set
their hands on this day of , 1982 .
In presence of :
William Hauer
Mayor
City Administrator
City Clerk
1 � d-
CITY OF SHAKOPEE, MINNESOTA
FARM LEASE
THIS AGREEMENT is made and entered into by and between the City
of Shakopee , Minnesota, and Larry Theis , Route 3 , Box 652 , Shakopee ,
Minnesota , hereinafter referred to as LESSEE.
WITNESSETH: The City and LESSEE, in consideration of the rents ,
covenants and agreements herein contained and reserved, do hereby
agree each with the other as follows :
1 . The City grants and the LESSEE accepts a Lease of the
following described premises in Scott County, Minnesota; to wit ;
18 acres in the Southeast corner of the NW4 SW4 Section 12
Township 115 , Range 23 .
2 . The LESSEE agrees that it will not sublet , assign, or in
any manner transfer any part of his interest in the premises with-
out the prior written approval of the City.
3 . Use of the Premises :
3 . 1 It is agreed that LESSEE shall not use the
premises for any purpose contrary to any
federal , state or local , law, rule or
regulation.
3 . 2 The subject premises shall be used only for the
purposes of: Agricultural cropping.
4. As rent , the LESSEE agrees to pay the sum of $720. 00 ,
payable on or before November 15 , 1982 .
5 . The LESSEE assumes by this agreement all risk of personal
injury of , or death of himself , his employees , customers , invitees ,
licensees , family or guests while on or about the leased premises ,
and agrees to. save harmless the City of Shakopee for all claims ,
suits , costs , losses , damages and expenses arising out of such
injury or death.
6 . The LESSEE assumes by this agreement all risk of injury
on the property to himself, his employees , customers , invitees ,
licensees , family or guests while on or about the leased premises ,
and agrees to save harmless the City of Shakopee for all claims ,
suits , losses , cost , damages and expenses arising out of such
injury.
Farm Lease Agreement Page -2-
7 . The LESSEE agrees to maintain the premises , including the
control of noxious weeds in the entire 18 acres as required by law
or regulation at his expense , and to maintain any and all buildings
and their appurtenances on the subject premises .
8 . The LESSEE agrees to use exclusively the access through
the Northest corner of the premise area of Lions Park. The LESSEE
further agrees not to plant crops within 20 feet of the bike path
on the western edge of leased acreage .
9 . The LESSEE convenants that he will , at the expiration of
this agreement , return the premises and any building and appurten-
ances thereon to the City in the same condition excepting normal
use and damage by the elements , and agrees to assume all respon-
sibility for damage to the leased premises which result either
directly or indirectly from his occupancy or control .
10 . If at any time during the life of this agreement the LESSEE
violates any condition thereof , the City shall give written notice
to the LESSEE setting forth the activity or omission by the LESSEE
which is in violation of this agreement and further gives LESSEE
thirty ( 30 ) days to remedy said breach.
10 . 1 In the event that the LESSEE fails to remedy
said breach within thirty ( 30) days of notice
by the City, the City may terminate this
agreement and the LESSEE shall relinquish
possession of the subject property immediately.
10 . 2 LESSEE shall remove its equipment and implements
but all crops on the subject property shall be
the property of the City.
11 . The City and the LESSEE agree that the City may sell
the subject premises at any time , but the LESSEE shall be per-
mitted to tend and harvest any and all crops on said land before
relinquishing possession of the subject property.
12 . This agreement shall take effect on January 31 , 1982 , or
when all necessary signatures have been affixed, whichever occurs
last , and shall remain in effect until December 31 , 1982 , or until
terminated under Articles 9 or 10 of this agreement , whichever
occurs first .
13 . In the event that the crop land is leased out to a new
tenant for the 1983 crop year, the new tenant shall have the right
to fall plow, in 1982 , any of the fields where the crops have been
removed.
Farm Lease Agreement Page -3-
In witness whereof said LESSOR and LESSEE have hereunto set their
hands on this day of , 1982 .
In presence of:
Larry Theis
Mayor
City Administrator
City Clerk
//6.
MEMO TO : John K . Anderson
City Administrator
FROM : H . R. Spurrier #411111..
City Engineer ; 1110.
RE : Engineering Department . thly Report
DATE : December 31, 1981
Introduction:
Attached is the final Engineering Department Monthly Report for 1981.
Background :
Note in the report, although not all of the work is shown to be completed,
all of the construction work anticipated for completion in 1981 is substantially
complete and in service.
Engineering Department revenues exceeded budgeted revenues by $47, 833.
This represented 95.4 percent of the actual Engineering Department operating
cost. Note, that while providing technical services for improvement projects
and other construction work in the City of Shakopee, the Engineering
Department provided approximately $66, 000 worth of work for the City at
large. This work included such activities as permit review and inspection for
the Building Department, maintenance of City records, updating and preparing
design criteria and standards, preparing special reports requested by City
Council, preparing the State Aid reports required by the State of Minnesota,
updating City maps which are sold to the public, reviewing plats and other
Planning Department matters and providing other technical services to other
City departments.
Also, attached is the Engineering Department Monthly Report form for 1982.
This report form contains those projects proposed on the Capital Improvement
Program that require Engineering Department activity.
As with the 1981 form, the projects are ranked by priority based on the
priority ranking in the Capital Improvement Program. Together with that
ranking are the estimated completion dates for each of the projects. City Council
should review those dates and advise the Engineering Department whether the
schedule proposed for these projects meets the goals and objectives of City
Council.
i
John K . Anderson December 31, 1981
Engineering Department Monthly Report Page -2-
The form also contains the labor distribution proposed for completing the projects
budgeted for 1982. On the monthly report, those projects are marked with an
asterisk.
At the end of the billable projects and at the end of the department responsibilities,
there is a summary of the hours the Engineering Department expects to spend on
the activities proposed for 1982. The sum of these hours exceeds the available
manhours by 977 hours. This amount exceeds the available manhours by only
10 percent, indicating that present staff can accomplish this work.
In the event additional work was added in 1982, it would have to be added at
the expense of work on this report or the work would have to be performed by
consultants.
Recommendations :
City staff recommends that Council review the Engineering Department Monthly
Report to determine whether this report achieves the goals and objectives of
the City Council that were embodied in the 6-year Capital Improvement Program,
adopted by City Council December 1, 1981 .
Action Requested :
Motion directing Engineering Department to schedule Engineering Department
activities in accordance with the Engineering Department Monthly Report for 1982.
HRS/jiw
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MEMO TO: Mayor and City Council
FROM: John K. Anderson, City Administrator
RE: Sale of Surplus Property - Water Tank
DATE: December 30, 1981
Introduction
When the Fire Department built their new tanker we ended up with a
surplus tank. We now have two possible uses for the tank. Jim
Karkanen has some general ideas as to how he can use it in the
future , but nothing specific , and the Carver Fire Department is
interested in the tank ( letter attached ) . They have been looking
for one for six months .
Background
Since Jim doesn' t have any concrete plans , I feel we should sell
the tank to the Carver Fire Department which can make good use of
the tank. A negotiated sale of the tank is governed by City Code
Section 2 . 70 Subd. 3 which requires that Council declare the tank
to be surplus property worth less than $100 . Butch Ring has
obtained an estimate for the scrap value of the tank and it was
approximately $50.00 .
Alternatives
1 . Negotiate a sale of the tank to the Carver Fire Department .
2 . Keep the tank for future use by the Public Works Department .
Recommendation
It is my recommendation that the City negotiate a sale of the tank
to the carver Fire Department since the City does not have concrete
plans for its use .
Action Requested
Declare the old water tank now at the Public Works yard surplus
property with a salvage value of less than $100.00 and authorize
the City Administrator to negotiate the sale of the tank with the
Carver Fire Department .
JKA/jms
RECEIVED
Carver Fire Department
Carver,Minnesota 55315
DEC 2 3 1981
CITY OF SHAKOPEE r,
,
. December 23, 1981
Dear Er. Anderson,
I was talking to Chief Harold Ring about a water tank, and
he suggested to contact you, for the old tank they use for
their tanker. The Carver Fire Dept. would like to purchase
the tank for another tanker that we are working on. We
have got a army 6 x 6 chassis and this tank would work
real good. Chief Ring said it needs some repair, but
could be fixed. We are trying to keep the cost of this
truck down, so we would pay 3100.00 to $150.00.
Thank you,
I.' G )1 A,4-e'LC L •
C
' carver Firq�C of
Ron Riesgraf
�``rCof fn4rc.1f CITY O SHAKOPEE
• 1 : 129 East First Avenue, Shakopee, Minnesota 55379
cy• I
ltf tai/
MEMO
TO: John Anderson/City Council
FROM: LeRoy Houser ' '
SUBJECT: Energy Saving Suggestions
DATE: December 17 . 1981
Introduction:
Listed below are energy saving suggestions offered by the cleaning
ladies. I have included the cost of implementing their suggestions
and an estimate of savings .
1 . Use lights only in area being cleaned of Library,
City Hall , Senior Citizens Center.
Evaluated : good suggestion
Cost : none
Savings: $200.00 per year
2. Repair seal on refrigerator door at City Hall .
Evaluated : good suggestion
Cost : $25.00
Savings: maybe $25 .00 per year
3. Remove pop machines and water cooler from close
proximity to radiators at police station.
.Evaluated: fair
Cost : $100.00 move waterline
Savings: $50.00 per year
4. Seal windows with moretite or like (plastic sheets)
in City Hall .
Evaluated: good suggestion except for
police dept. - all windows
there are three panes.
Cost : City Hall - $25.00
Savings: ?
5. Insulate door in storage room at Library.
Evaluated: good suggestion
Cost : $50.00
Savings : ?
Recommended Action:
firPrt staff to make suggested changes as permitted within the 1982
budget for the following energy saving suggestions :
1 . Use lights only in area being cleaned of Library,
City Hall , Senior Citizens Center.
Energy Saving Suggestions
Page -2-
December 17, 1981 4-
Iz
2. Repair seal on refrigerator door at City Hall .
3 . Remove pop machines and water cooler from close
proximity to radiators at police station.
4. Seal windows with moretite or like (plastic sheets)
in City Hall .
5 . Insulate door in storage room at Library.
LH: cu
TO: Mayor, Council Members
FROM: Tom Brownell
SUBJECT: Vacation carry-over
DATE: December 29, 1981
Background
Employees are required to reduce their vacation time to a
maximum of eighty hours by December 31 , 1981. The department
presently has three Officers whose vacation time exceeds the
maximum. Due to the necessity of maintaining adequate patrol
Officers on duty without reducing service, the Officers have
been required to work. The three Officers are presently on
vacation or are scheduled for vacation, so that the carry-over
will be eliminated by January 14 , 1982 .
Action Requested
Authorize Sgt. ' s Hanel, Anderson and Officer Nosbusch to
carry-over vacation time to be reduced to the maximum of eighty
hours by January 14 , 1982 .
O
Motion. or. I .R. Bond Deposits should be revised to :
Move to not refund the remaining balance of the Kmart ( $502 . 18 ) and
J & B ( $389 .02 ) I .R. Bond deposits and to approve the transfer of
said balance td the General Fund, because the final approval of
the I .R. Bonds was given by the Council after the fee schedule
was revised and they are no longer entitled to a refund, as was
the case with the Ziegler Inc . Project approved by the Council on
March 5 , 1980 .
) cl
MEMO TO: John K. Anderson, City Administrator
FROM: Gregg Voxland, Finance Director
RE: I.R. Bond Deposits
•
DATE: December' 21, 1981
Introduction:
Reference my memo of 11/13/81, close out of I.R. Bond deposits.
Background:
There are two of the deposits authorized for refund whose final approval
date is after the newer I.R. Bond fee procedure. My previous memo and records
were based on the date the application was received. This information has been
furnished by the City Clerk. Therefore, request Council not to refund the balance
of the I.R. Bond deposits of Kmart and J & B and to approve the transfer of the
remaining balance to the General Fund.
Action:
Move to not refund the remaining balance of the Kmart ($502.18) and
J & B ($389.02) I.R. Bond deposits and to approve the transfer of said balance
to the General Fund.
GV/ljw
I � Q.J'
MEMO TO: John K. Anderson, City Administrator
FROM: Judith S . Cox, City Clerk
RE : Official Newspaper
DATE : December 301 1981
Introduction
One of the actions which needs to be taken at the first Council
meeting of the year is the designation of the official newspaper
for the City of Shakopee .
Recommended Action
Move to designate the Shakopee Valley News as the official news-
paper for the City of Shakopee for the year 1982 .
jc
,,y lt,,.f CITY OF SHAKOPEE
. :, i;L6
o:i� c' s 129 East First Avenue, Shakopee, Minnesota 55379
i .
MEMO
John K. Anderson
TO: -
FROM: Judith S. C.ox
SUBJECT: Special Permit for Municipal Parking Lot
DATE: December 29, 1981
Introduction:
For the past three years the City has issued a special permit
to Jack Brambilla to utilize twelve parking spaces in the municipal
parking lot north of First Avenue and west of Holmes.
Background:
Mr. Brambilla is interested in renewing his contract with the City.
Upon checking with the Chief of Police, I was informed that this
arrangement is working out fine.
Alternatives:
1 . Enter into an agreement with Mr. Brambilla.
2. Do not enter into an agreement with Mr. Brambilla.
Recommended Action:
Authorize proper City officials to execute a special municipal parking
lot agreement with Jack Brambilla for the Black Arrow Parking Lot.
JSC : cu
II
SPECIAL PERMIT / v
MUNICIPAL PARKING LOT
The City of Shakopee, Minnesota, the owner of a municipal parking
lot known as the Black Arrow Parking Lot, hereby grants to Brambilla' s
Autos the right to park vehicles in twelve ( 12 ) spaces in said park-
ing lot without limitations of time, and which spaces are to be
appropriately marked by the City, and shall be the first twelve ( 12)
spaces west of State Highway 169 abutting the alley in Block 5 ,
Original Shakopee Plat , and the grantee shall pay to the City in
advance, the sum amount of Ten Dollars and no cents ($10.00) per space
per year.
This permission is for a period terminating on December 31 , 1982,
and may be cancelled by either party on thirty (30) days written
notice to the other, in which case unearned portions of the fee
charged, if any, shall be refunded. If permission is cancelled by
the City for a violation of the terms and conditions hereof by the
grantee herein, there will be no refund.
There shall be no sales of vehicles and no repairs or storage of
vehicles incapable of being legally operated upon public streets
pursuant to the terms hereof. Cars which will not start because of
dead batteries shall be permitted. Cars which do not have current
registration shall not be permitted. The permit granted hereby is
for the sole and exclusive use of the grantee named herein and agents
and employees of said grantee and no other person.
The grantee shall keep the portion of said lot covered hereby
in a neat, clean, and safe condition at all times and shall not
permit or tolerate snow birds on any portion of the areas covered
hereby, and the grantee assumes all risks incident to the use of the
premises for parking space and shall indemnify the City against any
loss , damage , or expense resulting from personal injury or damage to,
or loss of, property caused in any manner by the Lessee, and against
any loss, damage , or expense resulting from injury to the Lessee, to
the agents of the Lessee, to the employees of the Lessee and to the
general public .
This agreement supercedes the agreement dated April , 28th,
1981 by and between these same parties.
IN TESTIMONY WHEREOF, this instrument is executed this
day of 198
THE CITY OF SHAKOPEE
By
Its Administrator
By
City Clerk
By if
' s Owner
-10 1
•rr �`�,r `f4s CITY OF SHAKOPEE
Goa
129 East First Avenue, Shakopee, Minnesota 55379
:�J`CvJ1 I ,�
MEMO
TO: John K. Anderson
FROM: Judith_ S . Cox '
SUBJECT: Contract for electrical Inspection Svs.
DATE: December 2:1, 1 q81
Introduction:
The current contract with Mr. Baker for doing electrical inspections
for the City expires December 31 , 1981 .
Background:
The City has had an excellent working relationship with Mr. Baker
and it is recommended that a new contract be entered into with Mr.
Baker.
Alternatives:
1 . Approve contract with Mr. Baker.
2. Modify the contract or draft a new one .
3. Operate without a contract.
4. Consider entering into a contract with someone
else.
Recommended Action:
Authorize proper City officials to execute a contract with Roy Baker
for electrical inspection services for the City of Shakopee.
JSC :cu
1
CONTRACT FOR ELECTRICAL INSPECTIONS
CITY OF SHAKOPEE
Roy N. Baker, 1110 South Division Street , Northfield, Minnesota,
55057 is hereby appointed an electrical inspector for the City of
Shakopee to serve at the pleasure of the City Council .
The City of Shakopee acknowledges receipt of his electrical
inspector' s bond in the amount of $1 ,000 payable to the City of
Shakopee in case of default .
As such inspector, he hereby agrees to enforce the Minnesota
Electrical Act, the Rules and Regulations of the State Board of
Electricity thereunder and the appropriate ordinances of the City
of Shakopee, as pertaining to the licensing of electricians and
inspection of electrical installations. The rate of compensation
for his services shall be 80% of the electrical inspection fees
collected by the City of Shakopee.
In addition to any other rules, regulations or directives
promulgated or issued under authority of the City of Shakopee, he
hereby agrees to comply with the following rules:
1 . Report to this office when called upon.
2 . Supply the City of Shakopee with a verification of
automobile liability insurance on Form 1927 in the
amounts of not less than $50,000 for any one person,
$100,000 for any one accident for personal injury and
$10,000 for property damage.
3. Supply a monthly report of inspections completed.
(Payment shall not exceed percentage of work completed) .
4. Deposit with the City of Shakopee any inspection fees
received in the field.
5 . Delegate authority and responsibilities to no one ex-
cept duly authorized representatives of this office
upon request.
6. Keep a Journeyman or Master electrician' s license in
force at all times.
By this appointment, the City of Shakopee places trust and
authority upon Roy N. Baker as an independent contractor qualified
and certified as such to make electrical inspections in behalf of
the City of Shakopee in the geographical area defined by the City' s
corporate limits.
This certification shall be dated concurrent with said bond,
which shall terminate on December 31 , 1982, unless amended or
withdrawn previous to that date by the City of Shakopee or its
duly authorized agents.
77
Approved by the Shakopee City Council thisday of 4�
, 1982.
SIGN ONE COPY BELOW & RETURN CITY OF SHAKOPEE
Inspecr' s Signature Mayor
Prese t Ad r s
� ' City Administrator
City Clerk
/ 3b
MEMO TO : John K . Anderson
City Administrator
,-r-
FROM : H . R. Spurrier ->
City Engineer
RE : Engineering Department ersonnel
DATE : December 30, 1981
Introduction :
In the annual budget for fiscal year 1982, the Engineering Department proposed
to change the status of one Technician from part time to full time .
Background:
The temporary employee is Fulton Schleisman. During 1980 and 1981, Fulton
has worked 14 months during the summer construction season. He has approx-
imately 8 years of experience in municipal utility inspection, including water
systems, sanitary sewer systems, storm sewer systems and roadway construction.
In my opinion, Fulton is an asset to the Engineering Department.
Recommendations:
It is my recommendation that Fulton Schleisman be appointed to the position of
Technician I, affective January 1, 1982, at the salary of $19, 857.00 per year.
This appointment is in accordance with the 1982 budget and pay resolution.
Action Requested :
Appoint Fulton Schleisman, Engineering Technician I, at the rate of $19, 857.00
per year, with a service date commencing January 1, 1982.
HRS/jiw
MEMO TO: John K. Anderson, City Administrator
FROM: Judith S . Cox, City Clerk
RE: Final payments on Weinandt Acres 1st Addition - 80-9
DATE: January 4,, 1981
Introduction
On November 17th the Council adopted a resolution authorizing the
final payment on the contract with Minnesota Valley Surfacing for
work on Weinandt Acres 1st Addition, upon receipt of lien waivers
from all sub-contractors . It is my understanding that the con-
tractor is unable to supply all lien waivers because his records
are incomplete and he is not sure of all parties who might have
furnished him materials . The City Attorney has advised the City
Engineer that since the 90 day period following completion of con-
struction in which lien waivers can be filed has passed, it is no
longer necessary to require the lien waivers .
Alternatives
1 . Withhold final payment until receipt of lien waivers .
2 . Amend Resolution No. 1938 , dispensing with filing of the lien
waivers .
Recommended Action
Offer Resolution No. 1964, A Resolution Amending Resolution No. 1938 ,
Accepting Work on the 1980-9 Weinandt Acres Public Improvement Program,
and move its adoption.
JSC/jms
RESOLUTION NO. 1964
A RESOLUTION AMENDING RESOLUTION NO. 1938 , ACCEPTING WORK
. ON THE 1980-9 WEINANDT ACRES PUBLIC IMPROVEMENT PROGRAM
•
WHEREAS , Resolu_ion No. 1938 authorized final payment to Minnesota
Valley Surfacing, Division of Hardrives , Inc . , for roadway improvements
to Weinandt Acres 1st Addition upon receipt of lien waivers for all
sub-contractors ; and
WHEREAS, 90 days have passed since completion of construction of
the improvements and no lien waivers have been filed and no lien waivers
can now be filed pursuant to state law; and
WHEREAS , it is no longer in the best interest of the City to re-
quire said lien waivers .
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City
of Shakopee that Resolution No. 1938 is hereby amended by repealing
the required receipt of lien waivers' from all sub-contractors prior
to final payment .
Adopted in session of the City Council of the
City of Shakopee , Minnesota , held this day of
1982 .
Mayor cid the Ci y or- Shakopee -- -
ATTEST:
City Clerk
Approved as to form this
day of , 1�$'1 .
City Clerk